Bulletin No. 2000–12
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Internal Revenue
bulletin
Bulletin No. 2000–12
March 20, 2000
HIGHLIGHTS
OF THIS ISSUE
These synopses are intended only as aids to the reader in
identifying the subject matter covered. They may not be
relied upon as authoritative interpretations.
INCOME TAX
ings rate” for 1999 and the “recomputed differential earnings
rate” for 1998 under section 809 of the Code.
Rev. Rul. 2000–13, page 774.
Fringe benefits aircraft valuation formula. For purposes
of section 1.61–21(g) of the Income Tax Regulations, relating to the rule for valuing noncommercial flights on employer-provided aircraft, the Standard Industry Fare Level
(SIFL) cents-per-mile rates and terminal charges in effect for
the first half of 2000 are set forth.
Rev. Rul. 2000–14, page 779.
LIFO; price indexes; department stores. The January 2000
Bureau of Labor Statistics price indexes are accepted for use by
department stores employing the retail inventory and last-in,
first-out inventory methods for valuing inventories for tax years
ended on, or with reference to, January 31, 2000.
Rev. Rul. 2000–15, page 774.
Election in respect to losses attributable to a disaster.
This ruling lists the areas declared by the President to qualify
as major disaster or emergency areas during 1999 under the
Disaster Relief and Emergency Assistance Act.
Rev. Rul. 2000–16, page 780.
Interests rates; underpayments and overpayments. The
rate of interest determined under section 6621 of the Code for
the calendar quarter beginning April 1, 2000, will be 9 percent
for overpayments (8 percent in the case of a corporation), 9
percent for underpayments, and 11 percent for large corporate
underpayments. The rate of interest paid on the portion of a
corporate overpayment exceeding $10,000 is 6.5 percent.
Notice 2000–16, page 826.
Differential earnings rate for mutual life insurance companies. This notice sets forth the tentative “differential earn-
EXEMPT ORGANIZATIONS
REG–209601–92, page 829.
Proposed regulations under section 513 of the Code relate
to the tax treatment of sponsorship payments received by
exempt organizations. A public hearing is scheduled for June
21, 2000.
Announcement 2000–15, page 837.
A list is provided of organizations that no longer qualify as organizations to which contributions are deductible under section 170 of the Code.
ADMINISTRATIVE
Rev. Proc. 2000–19, page 785.
Substitute printed, computed-prepared, and computer-generated tax forms and schedules. Requirements are set forth for privately designed and printed federal tax forms and conditions under which the Service will
accept computer-prepared and computer-generated tax
forms and schedules. Rev. Proc. 98–65 superseded.
Notice 2000–15, page 826.
Listed transactions. This notice lists certain transactions
that the Service has determined to be tax avoidance transactions and identifies the transactions as “listed transactions” for
purposes of section 1.6011–4T(b)(2) of the Temporary Income Tax Regulations and section 301.6111–2T(b)(2) of the
Temporary Procedure and Administration Regulations.
(Continued on the next page)
Finding Lists begin on page ii.
Department of the Treasury
Internal Revenue Service
Notice 2000–17, page 827.
Due date; 1999 federal tax returns; Patriots’ Day. This
notice extends to April 18, 2000, the due date for filing
1999 federal tax returns and requests for extensions, and
for making federal tax payments for taxpayers residing in
certain parts of the northeast due to Patriots’ Day, a legal
holiday in Massachusetts and Maine.
Announcement 2000–12, page 835.
The Treasury Department and Internal Revenue Service have
issued three sets of temporary and proposed regulations requiring promoters to register confidential corporate tax shel-
March 20, 2000
ters and to maintain lists of investors, and requiring corporate taxpayers to disclose large transactions that have characteristics common to tax shelters. In addition, the Service
has created an Office of Tax Analysis to serve as the focal
point for efforts to gather information relating to tax shelter
activity and to coordinate appropriate responses.
Announcement 2000–16, page 837.
This announcement is a reprint of proposed regulations
REG–101492–98 (2000–3 I.R.B. 326) with typographical errors corrected.
2000–12 I.R.B.
The IRS Mission
Provide America’s taxpayers top quality service by helping them understand and meet their tax responsibilities
and by applying the tax law with integrity and fairness to
all.
Introduction
The Internal Revenue Bulletin is the authoritative instrument
of the Commissioner of Internal Revenue for announcing official rulings and procedures of the Internal Revenue Service
and for publishing Treasury Decisions, Executive Orders, Tax
Conventions, legislation, court decisions, and other items of
general interest. It is published weekly and may be obtained
from the Superintendent of Documents on a subscription
basis. Bulletin contents are consolidated semiannually into
Cumulative Bulletins, which are sold on a single-copy basis.
It is the policy of the Service to publish in the Bulletin all substantive rulings necessary to promote a uniform application
of the tax laws, including all rulings that supersede, revoke,
modify, or amend any of those previously published in the
Bulletin. All published rulings apply retroactively unless otherwise indicated. Procedures relating solely to matters of internal management are not published; however, statements
of internal practices and procedures that affect the rights
and duties of taxpayers are published.
Revenue rulings represent the conclusions of the Service on
the application of the law to the pivotal facts stated in the
revenue ruling. In those based on positions taken in rulings
to taxpayers or technical advice to Service field offices,
identifying details and information of a confidential nature
are deleted to prevent unwarranted invasions of privacy and
to comply with statutory requirements.
Rulings and procedures reported in the Bulletin do not have
the force and effect of Treasury Department Regulations,
but they may be used as precedents. Unpublished rulings
will not be relied on, used, or cited as precedents by Service
personnel in the disposition of other cases. In applying published rulings and procedures, the effect of subsequent legislation, regulations, court decisions, rulings, and proce-
dures must be considered, and Service personnel and others concerned are cautioned against reaching the same conclusions in other cases unless the facts and circumstances
are substantially the same.
The Bulletin is divided into four parts as follows:
Part I.—1986 Code.
This part includes rulings and decisions based on provisions
of the Internal Revenue Code of 1986.
Part II.—Treaties and Tax Legislation.
This part is divided into two subparts as follows: Subpart A,
Tax Conventions, and Subpart B, Legislation and Related
Committee Reports.
Part III.—Administrative, Procedural, and Miscellaneous.
To the extent practicable, pertinent cross references to
these subjects are contained in the other Parts and Subparts. Also included in this part are Bank Secrecy Act Administrative Rulings. Bank Secrecy Act Administrative Rulings
are issued by the Department of the Treasury’s Office of the
Assistant Secretary (Enforcement).
Part IV.—Items of General Interest.
This part includes notices of proposed rulemakings, disbarment and suspension lists, and announcements.
The first Bulletin for each month includes a cumulative index
for the matters published during the preceding months.
These monthly indexes are cumulated on a semiannual basis,
and are published in the first Bulletin of the succeeding semiannual period, respectively.
The contents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate.
For sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.
2000–12 I.R.B.
March 20, 2000
Part I. Rulings and Decisions Under the Internal Revenue Code of 1986
Section 61.—Gross Income
Defined
26 CFR 1.61–21: Taxation of fringe benefits.
Fringe benefits aircraft valuation
formula. For purposes of section
1.61–21(g) of the Income Tax Regulations, relating to the rule for valuing noncommercial flights on employer-provided
aircraft, the Standard Industry Fare Level
(SIFL) cents-per-mile rates and terminal
charges in effect for the first half of 2000
are set forth.
Period During Which
the Flight Is Taken
1/1/00 - 6/30/00
DRAFTING INFORMATION
The principle author of this revenue ruling is Kathleen Edmondson of the Office of
the Associate Chief Counsel (Employee
Benefits and Exempt Organizations). For
further information regarding this revenue
ruling, contact Ms. Edmondson on (202)
622-6080 (not a toll-free call).
Section 165.—Losses
26 CFR 1.165–11: Election in respect of losses
attributable to a disaster.
Election in respect of losses attributable to a disaster. This ruling lists the
areas declared by the President to qualify
as major disaster or emergency areas during 1999 under the Disaster Relief and
Emergency Assistance Act.
Rev. Rul. 2000–15
Under § 165(i) of the Internal Revenue
Code, if a taxpayer suffers a loss attributable to a disaster occurring in an area subsequently determined by the President of
March 20, 2000
Rev. Rul. 2000–13
For purposes of the taxation of fringe
benefits under section 61 of the Internal
Revenue Code, section 1.61–21(g) of the
Income Tax Regulations provides a rule
for valuing noncommercial flights on employer-provided aircraft. Section
1.61–21(g)(5) provides an aircraft valuation formula to determine the value of
such flights. The value of a flight is determined under the base aircraft valuation
formula (also known as the Standard Industry Fare Level formula or SIFL) by
Terminal
Charge
$32.98
multiplying the SIFL cents-per-mile rates
applicable for the period during which the
flight was taken by the appropriate aircraft multiple provided in section
1.61–21(g)(7) and then adding the applicable terminal charge. The SIFL cents-permile rates in the formula and the terminal
charge are calculated by the Department
of Transportation and are reviewed semiannually.
The following chart sets forth the terminal charges and SIFL mileage rates:
SIFL Mileage
Rates
Up to 500 miles
= $.1804 per mile
501-1500 miles
= $.1376 per mile
Over 1500 miles
= $.1323 per mile
the United States to warrant assistance by
the Federal Government under the Disaster Relief and Emergency Assistance Act,
42 U.S.C. §§ 5121–5204c (1988 & Supp.
V 1993) (the Act), the taxpayer may elect
to claim a deduction for that loss on the
taxpayer’s federal income tax return for
the taxable year immediately preceding
the taxable year in which the disaster occurred. For purposes of § 165(i), a disaster includes an event declared a major disaster or an emergency under the Act.
Section 1.165–11(e) of the Income Tax
Regulations provides that the election to
deduct a disaster loss for the preceding year
must be made by filing a return, an
amended return, or a claim for refund on or
before the later of (1) the due date of the
taxpayer’s income tax return (determined
without regard to any extension of time to
file the return) for the taxable year in which
the disaster actually occurred, or (2) the due
date of the taxpayer’s income tax return
(determined with regard to any extension of
time to file the return) for the taxable year
immediately preceding the taxable year in
which the disaster actually occurred.
774
The provisions of § 165(i) apply only
to losses that are otherwise deductible
under § 165(a). An individual taxpayer
may deduct losses if they are incurred in a
trade or business, if they are incurred in a
transaction entered into for profit, or if
they are casualty losses under § 165(c)(3).
The President has determined that during 1999 the areas listed below have been
adversely affected by disasters of sufficient severity and magnitude to warrant
assistance by the Federal Government
under the Act.
DRAFTING INFORMATION
The principal author of this revenue
ruling is Timothy Sheppard of the Office
of Assistant Chief Counsel (Income Tax
and Accounting). For further information
regarding this revenue ruling, contact
Robert M. Casey on (202) 622-4960 (not
a toll-free call).
2000–12 I.R.B.
Disaster Areas
in 1999
Arizona
County of Maricopa
Arkansas
Counties of Bradley, Chicot, Clay, Columbia, Drew, Faulkner, Grant,
Greene, Hempstead, Independence, Jackson, Jefferson, Lafayette,
Lonoke, Miller, Monroe, Poinsett, Pulaski, Randolph, St. Francis,
Saline, and White; and City of Beebe in White County
California
Counties of Butte, Humboldt, Napa, Plumas, San Bernardino, Shasta,
Tehama, Trinity, Tuolome, and Yuba
Type of
Disaster
Date of
Disaster
Severe storms, flooding,
and high winds
September 14-23
Severe storms, tornadoes, January 21-31
and high winds
Severe fires
August 24November 29
Severe storms,
flooding, landslides,
and mudslides
April 29-May 19
High winds,
heavy rain and flooding
associated with
Tropical Storm Floyd
September 16-21
Hurricane Floyd
September 15-17
Fire hazards
April 15-May 25
Counties of Brevard, Duval, Flagler, Glades, Highlands, Indian River,
Martin, Nassau, Palm Beach, St. Johns, St. Lucie, and Volusia.
Hurricane Floyd
September 13-25
Counties of Broward and Dade
Hurricane Floyd
September 14-16
Counties of Brevard, Broward, Collier, Dade, Flagler, Glades, Hendry,
Highlands, Indian River, Martin, Monroe, Okeechobee, Orange, Osceola,
Palm Beach, Polk, St. Lucie, Seminole, and Volusia
Hurricane Irene
October 14-24
Counties of Charlotte, De Soto, Hardee, Hillsborough, Lake, Lee,
Manatee, Pasco, Pinellas, and Sarasota
Hurricane Irene
October 14-24
Severe storms and
tornadoes
April 15
Hurricane Floyd
September 14-17
Colorado
Counties of Bent, Crowley, Custer, Elbert, El Paso, Fremont, Kiowa,
Larimer, Las Animas, Otero, Pueblo, and Weld
Connecticut
Counties of Fairfield, Litchfield, and Hartford
Delaware
County of New Castle
Florida
Counties of Alachua, Baker, Bay, Bradford, Brevard, Broward, Calhoun,
Charlotte, Clay, Collier, Columbia, Dade, De Soto, Duval, Franklin,
Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Highlands,
Hillsbrough, Holms, Indian River, Jackson, Jefferson, Lee, Leon, Levy,
Liberty, Manatee, Marion, Martin, Monroe, Nassau, Okeechobee Orange,
Osceola, Palm Beach Pinellas, Polk, Putnam, Sarasota, Seminole,
St. Lucie, Swannee, Union, Wakulla, Walton, and Washington
Georgia
Counties of Candler and Dooly
Counties of Bryan, Camden, Chatham, Glynn, Liberty, and McIntosh
Illinois
Counties of Adams, Brown, Bureau, Calhoun, Cass, Champaign,
Record/near
Christian, Cook, DeWitt, Douglas, DuPage, Ford, Fulton, Greene, Grundy, record snow
Hancock, Henderson, Henry, Iroquois, Kane, Kankakee, Kendall, Knox,
Lake, La Salle, Livingston, Logan, Macon, Marshall, Mason, McDonough,
2000–12 I.R.B.
775
January 1-15
March 20, 2000
McHenry, McLean, Mercer, Menard, Morgan, Moultrie, Peoria, Piatt, Pike,
Putnam, Sangamon, Schuyler, Scott, Shelby, Stark, Tazewell, Vermillion,
Warren, Will, and Woodford
County of Jo Daviess
Severe storms and
flash flooding
Indiana
Counties of Adams, Allen, Benton, Blackford, Boone, Carroll, Cass, Clay, Record/near record
Clinton, DeKalb, Delaware, Elkhart, Fayette, Fountain, Fulton, Grant,
snow
Hamilton, Hancock, Hendricks, Henry, Howard, Huntington, Jasper, Jay,
Johnson, Kosciusko, Lake, Lagrange, LaPorte, Madison, Marion, Marshall,
Miami, Montgomery, Morgan, Newton, Noble, Parke, Porter, Pulaski,
Putnam, Randolph, Rush, St. Joseph, Shelby, Starke, Steuben, Tipton,
Tippecanoe, Vermillion, Vigo, Wabash, Warren, Wayne, Wells, White,
and Whitley
Iowa
Counties of Black Hawk, Bremer, Buchanan, Butler, Chickasaw, Clayton,
Clinton, Crawford, Delaware, Dubuque, Fayette, Harrison, Jones, Linn,
Montgomery, and Scott
Counties of Black Hawk, Bremer, Buchanan, Butler, Cerro Gordo,
Chickasaw, Clayton, Crawford, Fayette, Floyd, Harrison, Howard, Jones,
Linn, Mills, Mitchell, Montgomery, Pottawattamie, Story, Woodbury,
and Worth
Kansas
Counties of Reno, Sedgwick, and Sumner
Louisiana
Parishes of Bossier, Caddo, Claiborne, De Soto, and Webster
Maine
Counties of Androscoggin, Cumberland, Kennebec, Oxford, and Somerset
Maryland
Counties of Anne Arundel, Calvert, Caroline, Cecil, Charles, Harford,
Kent, Queen Anne’s, Somerset, St. Mary’s, and Talbot
Massachusetts
County of Worcester
Michigan
Counties of Alcona, Allegan, Arenac, Barry, Berrien, Cass, Crawford,
Ionia, Iosco, Jackson, Kalamazoo, Kent, Lawrence, Lenawee, Macomb,
Marquette, Mecosta, Monroe, Montmorency, Muskegeon, Newaygo,
Oakland, Oceana, Ogemaw, Osceola, Oscoda, Otsego, Ottawa, St. Joseph,
Van Buren, Washtenaw, and Wayne
Minnesota
Counties of Kittston, Marshall, Pennington, Polk, Red Lake, and Roseau
Counties of Aitkin, Beltrami, Cass, Clay, Cook, Hubbard, Itasca, Lake,
and St. Louis
Missouri
Counties of Andrew, Cole, Iron, Macon, Madison, and Osage
March 20, 2000
776
May 16-17
January 1-15
Severe storms,
flooding, and tornadoes
May 16-29
Severe storms and
flooding
July 2-August 10
Severe storms and
tornadoes
May 3-6
Severe storms, tornadoes, April 3-7
and flooding
Hurricane Floyd
September 16-19
Hurricane Floyd
September 16-20
Fire
December 3-13
Near record snow
January 2-15
Severe ice storms,
flooding and
heavy rains
March 1-May 30
Severe storms, winds,
and flooding
July 4-August 2
Severe storms and
flooding
April 3-14
2000–12 I.R.B.
Nebraska
Counties of Burt, Douglas, and Washington
Severe storms and
flooding
August 6-9
Severe storms and
flash flooding
July 8-16
Tropical Storm Floyd
September 16-18
Hurricane Floyd
September 16-18
Severe storms and
flooding
July 16-August 7
Near recod snow
January 1-15
Counties of Livingston, Monroe, Ontario, Orleans, Wayne, and Wyoming
Near record snow
March 3-6
Counties of Albany, Dutchess, Essex, Greene, Nassau, Orange, Putnam,
Rensselaer, Rockland, Schenectady, Schoharie, Suffolk, Ulster, Warren,
and Westchester
Hurricane Floyd
September 16-18
Hurricane Dennis
August 29September 11
Hurricane Floyd
September 15November 2
Severe storms,
flooding, snow and ice,
ground saturation,
landslides, mudslides,
and tornadoes
March 1-July 19
Tornadoes and severe
storms
May 3-5
Nevada
County of Clark
New Hampshire
Counties of Belknap, Cheshire, and Grafton
New Jersey
Counties of Atlantic, Bergen, Burlington, Camden, Cape May,
Cumberland, Essex, Glouscester, Hudson, Hunterdon, Mercer, Middlesex,
Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union,
and Warren
New Mexico
Counties of Dona Ana, Luna, Mora, Rio Arriba, San Juan, Sandoval, and
Sierra; and the Mescalero Apache Reservation
New York
Counties of Cattaraugus, Chautauqua, Erie, Genesee, Jefferson, Lewis,
Niagara, Orleans, St. Lawrence, and Wyoming
North Carolina
Counties of Beaufort, Brunswick, Carteret, Craven, Currituck, Dare,
Hyde, New Hanover, Onslow, Pamlico, and Pender
Counties of Alamance, Anson, Beaufort, Bertie, Bladen, Brunswick,
Camden, Carteret, Caswell, Chatham, Chowan, Columbus, Craven,
Cumberland, Currituck, Dare, Davidson, Duplin, Durham, Edgecombe,
Forsyth, Franklin, Gates, Granville, Greene, Guilford, Halifax, Harnett,
Hertford, Hoke, Hyde, Johnston, Jones, Lee, Lenoir, Martin, Montgomery,
Moore, Nash, New Hanover, Northampton, Onslow, Orange, Pamlico,
Pasquotank, Pender, Perquimans, Person, Pitt, Randolph, Richmond,
Robeson, Rockingham, Rowan, Sampson, Scotland, Stanly, Stokes,
Tyrrell, Union, Vance, Wake, Warren, Washington, Wayne, and Wilson
North Dakota
Counties of Barnes, Benson, Bottineau, Burke, Burleigh, Cass, Cavalier,
Dickey, Divide, Eddy, Emmons, Foster, Grand Forks, Griggs, Kidder,
LaMoure, Logan, McHenry, McIntosh, McLean, Mercer, Morton,
Mountrail, Nelson, Pembina, Pierce, Ramsey, Ransom, Renville,
Richland, Rolette, Sargent, Sheridan, Sioux, Steele, Stutsman, Towner,
Traill, Walsh, Ward, Wells, and Williams; and the Indian Reservations of
the Spirit Lake Sioux Tribe, Standing Rock Soiux (that portion of the
reservation that lies within the State of North Dakota), Three Affiliated
Tribes, and Turtle Mountain Band of Chippewa
Oklahoma
Counties of Caddo, Canadian, Cleveland, Craig, Creek, Grady, Kingfisher,
Latimer, Le Flore, Lincoln, Logan, McClain, Noble, Oklahoma,
Okmulgee, Ottawa, Payne Pottawatomie, and Tulsa
2000–12 I.R.B.
777
March 20, 2000
Pennsylvania
Counties of Juniata and McKean
Severe storms
and flooding
August 20-21
Counties of Dauphin, Lycoming, Northumberland, Snyder, and Union
Severe flash flooding
associated with
Tropical Depression
Dennis
September 6-7
Counties of Berks, Bucks, Chester, Delaware, Lancaster, Montgomery,
Philadelphia, and York
Hurricane Floyd
September 16-29
Hurrican Lenny
November 17-20
Hurricane Floyd
September 14-30
Severe storms,
tornadoes, and
flooding
June 4-18
Tennessee
Counties of Benton, Carroll, Crockett, Decatur, Dickson, Fayette,
Franklin, Giles, Hardeman, Haywood, Henderson, Houston, Humphreys,
Jackson, Lauderdale, Lawrence, Lewis, Madison, Maury, Montgomery,
Perry, Stewart, Warren, and Wayne
Severe storms,
tornadoes, and
high winds
January 17February 1
Counties of Cheatham, Chester, Davidson, Decatur, Dickson,
Hardeman, Hardin, Henderson, Hickman, Houston, Humphreys,
Lawrence, McNairy, Perry, Stewart, Sumner, White, and Williamson
Severe storms,
tornadoes, and
flooding
May 5-19
Severe storms
and tornadoes
May 4
Extreme fire
hazards
August 1December 10
Puerto Rico
All 78 municipalities
South Carolina
Counties Allendale, Bamberg, Barnwell, Beaufort, Berkeley, Calhoun,
Charleston, Chesterfield, Clarendon, Colleton, Darlington, Dillon,
Dorchester, Florence, Georgetown, Hampton, Horry, Jasper, Kershaw,
Lee, Lexington, Marion, Marlboro, Orangeburg, Richland, Sumter,
and Williamsburg
South Dakota
County of Shannon and the Pine Ridge Indian Reservation
Texas
Counties of Bowie, Gregg, Red River, and Titus
Counties of Anderson, Andrews, Angelina, Archer, Armstrong, Austin,
Bailey, Bandera, Bastrop, Baylor, Bell, Bexar, Blanco, Borden, Bosque,
Bowie, Brazoria, Brazos, Brewster, Briscoe, Brown, Burleson, Burnet,
Caldwell, Calhoun, Callahan, Camp, Carson, Cass, Castro, Chambers,
Cherokee, Childress, Clay, Cochran, Coke, Coleman, Collin,
Collingsworth, Colorado, Comal, Comanche, Concho, Cooke, Coryell,
Cottle, Crane, Crockett, Crosby, Culberson, Dallam, Dallas, Dawson,
Deaf Smith, Delta, Denton, DeWitt, Dickens, Donley, Eastland, Ector,
Edwards, El Paso, Ellis, Erath, Falls, Fannin, Fayette, Fisher, Floyd,
Foard, Fort Bend, Franklin, Freestone, Gaines, Galveston, Garza,
Gillespie, Glasscock, Gonzales, Gray, Grayson, Gregg, Grimes,
Guadalupe, Hale, Hall, Hamilton, Hansford, Hardeman, Hardin, Harris,
Harrison, Hartley, Haskell, Hays, Hemphill, Henderson, Hill, Hockley,
Hood, Hopkins, Houston, Howard, Hudspeth, Hunt, Hutchinson, Irion,
Jack, Jackson, Jasper, Jeff Davis, Jefferson, Johnson, Jones, Kaufman,
Kendall, Kent, Kerr, Kimble, King, Kinney, Knox, Lamar, Lamb,
Lampasas, Lavaca, Lee, Leon, Liberty, Limestone, Lipscomb, Llano,
Loving, Lubbock, Lynn, Madison, Marion, Martin, Mason, Matagorda,
McCulloch, McLennan, Medina, Menard, Midland, Milam, Mills,
Mitchell, Montague, Montgomery, Moore, Morris, Motley, Nacogdoches,
March 20, 2000
778
2000–12 I.R.B.
Navarro, Newton, Nolan, Ochiltree, Oldham, Orange, Palo Pinto,
Panola, Parker, Parmer, Pecos, Polk, Potter, Presidio, Rains, Randall,
Reagan, Real, Red River, Reeves, Roberts, Robertson, Rockwall,
Runnels, Rusk, Sabine, San Augustine, San Jacinto, San Saba,
Schleicher, Scurry, Shackelford, Shelby, Sherman, Smith, Somerveil,
Stephens, Sterling, Stonewall, Sutton, Swisher, Tarrant, Taylor, Terrell,
Terry, Throckmorton, Titus, Tom Green, Travis, Trinity, Tyler, Upshur,
Upton, Uvalde, Val Verde, Van Zandt, Victoria, Walker, Waller, Ward,
Washington, Wharton, Wheeler, Wichita, Wilbarger, Williamson,
Wilson, Winkler, Wise, Wood, Yoakum, and Young
Counties of Aransas, Brooks, Cameron, Duval, Hidalgo, Jim Hogg,
Jim Wells,Kenedy, Kleberg, Nueces, San Patricio, Webb, and Willacy
U.S. Virgin Islands
The U.S. Virgin Islands
Utah
County of Salt Lake
Vermont
Counties of Bennington, Caledonia, Essex, Lamoille, Orange, Orleans,
Rutland, Washington, Windham, and Windsor
Virginia
City of Hampton
Counties of Accomack, Brunswick, Caroline, Charles City, Chesterfield,
Dinwiddie, Essex, Fairfax, Gloucester, Greenville, Halifax, Hanover,
Henrico, Isle of Wight, James City, King and Queen, King George,
King William, Lancaster, Lunenberg, Mathews, Mecklenburg,
Middlesex, New Kent, Northampton, Northumberland, Prince George,
Richmond, Southampton, Surry, Sussex, Westmoreland, and York,
and Cities of Chesapeake City, Colonial Heights, Emporia, Franklin,
Hampton, Hopewell, Newport News, Norfolk, Petersburg, Poquoson,
Portsmouth, Richmond, Suffolk, Virginia Beach, and Williamsburg
Severe storms
and flooding caused
by Hurricane Bret
August 21-26
Hurricane Lenny
November 16-20
Tornado, severe
thunderstorms,
and hail
August 11
Severe storms
and flooding
associated with
Hurricane Floyd
September 16-21
Tropical Storm
Dennis
August 27September 13
Hurricane Floyd
September 13-26
Severe storms, straightline winds, and flooding
July 4-31
Wisconsin
Counties of Ashland, Bayfield, Douglas, Florence, Iron, Oneida, Price,
Rusk, Sawyer, and Vilas
Section 472.—Last-in, First-out
Inventories
26 CFR 1.472–1: Last-in, first-out inventories.
LIFO; price indexes; department
stores. The January 2000 Bureau of
Labor Statistics price indexes are accepted for use by department stores employing the retail inventory and last-in,
first-out inventory methods for valuing
inventories for tax years ended on, or with
reference to, January 31, 2000.
2000–12 I.R.B.
Rev. Rul. 2000–14
methods for tax years ended on, or with
reference to, January 31, 2000.
The following Department Store Inventory Price Indexes for January 2000 were
issued by the Bureau of Labor Statistics.
The indexes are accepted by the Internal
Revenue Service, under § 1.472–1(k) of
the Income Tax Regulations and Rev.
Proc. 86–46, 1986–2 C.B. 739, for appropriate application to inventories of department stores employing the retail inventory and last-in, first-out inventory
The Department Store Inventory Price
Indexes are prepared on a national basis
and include (a) 23 major groups of departments, (b) three special combinations of the
major groups - soft goods, durable goods,
and miscellaneous goods, and (c) a store
total, which covers all departments, including some not listed separately, except for
the following: candy, food, liquor, tobacco,
and contract departments.
779
March 20, 2000
BUREAU OF LABOR STATISTICS, DEPARTMENT STORE
INVENTORY PRICE INDEXES BY DEPARTMENT GROUPS
(January 1941 = 100, unless otherwise noted)
Jan.
1999
Jan.
2000
Percent Change
from Jan. 1999
to Jan. 20001
1. Piece Goods - - - - - - - - - - - - - - - - - - - - - - 2. Domestics and Draperies - - - - - - - - - - - - - - 3. Women’s and Children’s Shoes - - - - - - - - - - 4. Men’s Shoes - - - - - - - - - - - - - - - - - - - - - - 5. Infants’ Wear - - - - - - - - - - - - - - - - - - - - - - 6. Women’s Underwear - - - - - - - - - - - - - - - - 7. Women’s Hosiery - - - - - - - - - - - - - - - - - - - 8. Women’s and Girls’ Accessories - - - - - - - - - 9. Women’s Outerwear and Girls’ Wear - - - - - - 10. Men’s Clothing - - - - - - - - - - - - - - - - - - - - 11. Men’s Furnishings - - - - - - - - - - - - - - - - - - 12. Boys’ Clothing and Furnishings - - - - - - - - - 13. Jewelry - - - - - - - - - - - - - - - - - - - - - - - - - 14. Notions - - - - - - - - - - - - - - - - - - - - - - - - - 15. Toilet Articles and Drugs - - - - - - - - - - - - - - 16. Furniture and Bedding - - - - - - - - - - - - - - - 17. Floor Coverings - - - - - - - - - - - - - - - - - - - - 18. Housewares - - - - - - - - - - - - - - - - - - - - - - 19. Major Appliances - - - - - - - - - - - - - - - - - - - 20. Radio and Television - - - - - - - - - - - - - - - - 21. Recreation and Education2 - - - - - - - - - - - - - 22. Home Improvements2 - - - - - - - - - - - - - - - - 23. Auto Accessories2 - - - - - - - - - - - - - - - - - - -
507.3
643.1
640.4
894.0
628.6
560.7
316.2
535.4
376.9
603.8
585.2
482.1
965.3
729.7
946.8
678.4
602.4
813.6
237.7
69.6
100.7
130.3
107.8
493.8
622.0
613.3
887.2
650.8
571.4
327.6
530.3
369.1
612.9
618.0
497.1
962.0
764.5
970.9
697.0
603.2
789.9
233.3
62.7
95.2
129.8
107.6
-2.7
-3.3
-4.2
-0.8
3.5
1.9
3.6
-1.0
-2.1
1.5
5.6
3.1
-0.3
4.8
2.5
2.7
0.1
-2.9
-1.9
-9.9
-5.5
-0.4
-0.2
Groups 1 - 15: Soft Goods - - - - - - - - - - - - - - - - -
586.4
588.6
0.4
Groups 16 - 20: Durable Goods - - - - - - - - - - - - - -
459.0
446.2
-2.8
Groups 21 - 23: Misc. Goods2 - - - - - - - - - - - - - - -
106.0
102.2
-3.6
Store Total3 - - - - - - - - - - - - - - - - - - - - - - - - - - -
539.4
535.4
-0.7
Groups
1 Absence of a minus sign before the percentage change in this column signifies a price increase.
2 Indexes on a January 1986=100 base.
3 The store total index covers all departments, including some not listed separately, except for the following:
candy, food, liquor, tobacco, and contract
departments.
DRAFTING INFORMATION
The principal author of this revenue ruling
is Alan J. Tomsic of the Office of Assistant
Chief Counsel (Income Tax and Accounting). For further information regarding this
revenue ruling, contact Mr. Tomsic on (202)
622-4970 (not a toll-free call).
Section 6621.—Determination
of Interest Rate
26 CFR 301.6621–1: Interest rate.
Interest rates; underpayements and
overpayments. The rate of interest determined under section 6621 of the Code for
the calendar quarter beginning April 1,
March 20, 2000
2000, will be 9 percent for overpayments
(8 percent in the case of a corporation), 9
percent for underpayments, and 11 percent for large corporate underpayments.
The rate of interest paid on the portion of
a corporate overpayment exceeding
$10,000 is 6.5 percent.
tion of a corporate overpayment of tax exceeding $10,000 for a taxable period is
the sum of the federal short-term rate plus
0.5 of a percentage point for interest computations made after December 31, 1994.
Under § 6621(a)(2), the underpayment
rate is the sum of the federal short-term
rate plus 3 percentage points.
Rev. Rul. 2000–16
Section 6621(c) provides that for purposes of interest payable under § 6601 on
any large corporate underpayment, the
underpayment rate under § 6621(a)(2) is
determined by substituting “5 percentage
points” for “3 percentage points.” See §
6621(c) and § 301.6621–3 of the Regulations on Procedure and Administration for
the definition of a large corporate underpayment and for the rules for determining
Section 6621 of the Internal Revenue
Code establishes the rates for interest on
tax overpayments and tax underpayments.
Under § 6621(a)(1), the overpayment rate
beginning April 1, 2000, is the sum of the
federal short-term rate plus 3 percentage
points (2 percentage points in the case of
a corporation), except the rate for the por-
780
2000–12 I.R.B.
the applicable date. Section 6621(c) and
§ 301.6621–3 are generally effective for
periods after December 31, 1990.
Section 6621(b)(1) provides that the
Secretary will determine the federal shortterm rate for the first month in each calendar quarter.
Section 6621(b)(2)(A) provides that the
federal short-term rate determined under
§ 6621(b)(1) for any month applies during
the first calendar quarter beginning after
such month.
Section 6621(b)(2)(B) provides that in
determining the addition to tax under §
6654 for failure to pay estimated tax for
any taxable year, the federal short-term
rate that applies during the third month
following such taxable year also applies
during the first 15 days of the fourth
month following such taxable year.
Section 6621(b)(3) provides that the
federal short-term rate for any month is
the federal short-term rate determined
during such month by the Secretary in accordance with § 1274(d), rounded to the
nearest full percent (or, if a multiple of
1/2 of 1 percent, the rate is increased to
the next highest full percent).
Notice 88–59, 1988–1 C.B. 546, announced that, in determining the quarterly
interest rates to be used for overpayments
and underpayments of tax under § 6621,
the Internal Revenue Service will use the
federal short-term rate based on daily
compounding because that rate is most
consistent with § 6621 which, pursuant to
§ 6622, is subject to daily compounding.
Rounded to the nearest full percent, the
federal short- term rate based on daily
compounding determined during the
month of January 2000 is 6 percent. Accordingly, an overpayment rate of 9 percent (8 percent in the case of a corporation) and an underpayment rate of 9
percent are established for the calendar
quarter beginning April 1, 2000. The
overpayment rate for the portion of a corporate overpayment exceeding $10,000
for the calendar quarter beginning April 1,
2000, is 6.5 percent. The underpayment
rate for large corporate underpayments
for the calendar quarter beginning April 1,
2000, is 11 percent. These rates apply to
amounts bearing interest during that cal-
endar quarter.
Under § 6621(b)(2)(B), the 8 percent
rate that applies to estimated tax underpayments for the first calendar quarter in
2000, as provided in Rev. Rul. 99–53,
1999–50 I.R.B. 657, also applies to such
underpayments for the first 15 days in
April 2000.
Interest factors for daily compound interest for annual rates of 6.5 percent, 8
percent, 9 percent, and 11 percent are
published in Tables 66, 69, 71, and 75 of
Rev. Proc. 95–17,1995–1 C.B. 556, 620,
623, 625, and 629.
Annual interest rates to be compounded
daily pursuant to § 6622 that apply for
prior periods are set forth in the tables accompanying this revenue ruling.
DRAFTING INFORMATION
The principal author of this revenue
ruling is Raymond Bailey of the Office of
Assistant Chief Counsel (Income Tax and
Accounting). For further information regarding this revenue ruling, contact Mr.
Bailey on (202) 622-6226 (not a toll-free
call).
TABLE OF INTEREST RATES
PERIODS BEFORE JUL. 1, 1975 - PERIODS ENDING DEC. 31, 1986
OVERPAYMENTS AND UNDERPAYMENTS
PERIOD
RATE
In 1995–1 C.B.
DAILY RATE TABLE
Before Jul. 1, 1975
Jul. 1, 1975—Jan. 31, 1976
Feb. 1, 1976—Jan. 31, 1978
Feb. 1, 1978—Jan. 31, 1980
Feb. 1, 1980—Jan. 31, 1982
Feb. 1, 1982—Dec. 31, 1982
Jan. 1, 1983—Jun. 30, 1983
Jul. 1, 1983—Dec. 31, 1983
Jan. 1, 1984—Jun. 30, 1984
Jul. 1, 1984—Dec. 31, 1984
Jan. 1, 1985—Jun. 30, 1985
Jul. 1, 1985—Dec. 31, 1985
Jan. 1, 1986—Jun. 30, 1986
Jul. 1, 1986—Dec. 31, 1986
6%
9%
7%
6%
12%
20%
16%
11%
11%
11%
13%
11%
10%
9%
Table 2, pg. 557
Table 4, pg. 559
Table 3, pg. 558
Table 2, pg. 557
Table 5, pg. 560
Table 6, pg. 560
Table 37, pg. 591
Table 27, pg. 581
Table 75, pg. 629
Table 75, pg. 629
Table 31, pg. 585
Table 27, pg. 581
Table 25 pg. 579
Table 23, pg. 577
2000–12 I.R.B.
781
March 20, 2000
TABLE OF INTEREST RATES
FROM JAN. 1, 1987 - Dec. 31, 1998
OVERPAYMENTS
Jan. 1, 1987—Mar. 31, 1987
Apr. 1, 1987—Jun. 30, 1987
Jul. 1, 1987—Sep. 30, 1987
Oct. 1, 1987—Dec. 31, 1987
Jan. 1, 1988—Mar. 31, 1988
Apr. 1, 1988—Jun. 30, 1988
Jul. 1, 1988—Sep. 30, 1988
Oct. 1, 1988—Dec. 31, 1988
Jan. 1, 1989—Mar. 31, 1989
Apr. 1, 1989—Jun. 30, 1989
Jul. 1, 1989—Sep. 30, 1989
Oct. 1, 1989—Dec. 31, 1989
Jan. 1, 1990—Mar. 31, 1990
Apr. 1, 1990—Jun. 30, 1990
Jul. 1, 1990—Sep. 30, 1990
Oct. 1, 1990—Dec. 31, 1990
Jan. 1, 1991—Mar. 31, 1991
Apr. 1, 1991—Jun. 30, 1991
Jul. 1, 1991—Sep. 30, 1991
Oct. 1, 1991—Dec. 31, 1991
Jan. 1, 1992—Mar. 31, 1992
Apr. 1, 1992—Jun. 30, 1992
Jul. 1, 1992—Sep. 30, 1992
Oct. 1, 1992—Dec. 31, 1992
Jan. 1, 1993—Mar. 31, 1993
Apr. 1, 1993—Jun. 30, 1993
Jul. 1, 1993—Sep. 30, 1993
Oct. 1, 1993—Dec. 31, 1993
Jan. 1, 1994—Mar. 31, 1994
Apr. 1, 1994—Jun. 30, 1994
Jul. 1, 1994—Sep. 30, 1994
Oct. 1, 1994—Dec. 31, 1994
Jan. 1, 1995—Mar. 31, 1995
Apr. 1, 1995—Jun. 30, 1995
Jul. 1, 1995—Sep. 30, 1995
Oct. 1, 1995—Dec. 31, 1995
Jan. 1, 1996—Mar. 31, 1996
Apr. 1, 1996—Jun. 30, 1996
Jul. 1, 1996—Sep. 30, 1996
Oct. 1, 1996—Dec. 31, 1996
Jan. 1, 1997—Mar. 31, 1997
Apr. 1, 1997—Jun. 30, 1997
Jul. 1, 1997—Sep. 30, 1997
Oct. 1, 1997—Dec. 31, 1997
Jan. 1, 1998—Mar. 31, 1998
Apr. 1, 1998—Jun. 30, 1998
Jul. 1, 1998—Sep. 30, 1998
Oct. 1, 1998—Dec. 31, 1998
March 20, 2000
1995–1 C.B.
RATE TABLE
8%
21
8%
21
8%
21
9%
23
10%
73
9%
71
9%
71
10%
73
10%
25
11%
27
11%
27
10%
25
10%
25
10%
25
10%
25
10%
25
10%
25
9%
23
9%
23
9%
23
8%
69
7%
67
7%
67
6%
65
6%
17
6%
17
6%
17
6%
17
6%
17
6%
17
7%
19
8%
21
8%
21
9%
23
8%
21
8%
21
8%
69
7%
67
8%
69
8%
69
8%
21
8%
21
8%
21
8%
21
8%
21
7%
19
7%
19
7%
19
782
PG
575
575
575
577
627
625
625
627
579
581
581
579
579
579
579
579
579
577
577
577
623
621
621
619
571
571
571
571
571
571
573
575
575
577
575
575
623
621
623
623
575
575
575
575
575
573
573
573
UNDERPAYMENTS
1995–1 C.B.
RATE TABLE
9%
23
9%
23
9%
23
10%
25
11%
75
10%
73
10%
73
11%
75
11%
27
12%
29
12%
29
11%
27
11%
27
11%
27
11%
27
11%
27
11%
27
10%
25
10%
25
10%
25
9%
71
8%
69
8%
69
7%
67
7%
19
7%
19
7%
19
7%
19
7%
19
7%
19
8%
21
9%
23
9%
23
10%
25
9%
23
9%
23
9%
71
8%
69
9%
71
9%
71
9%
23
9%
23
9%
23
9%
23
9%
23
8%
21
8%
21
8%
21
PG
577
577
577
579
629
627
627
629
581
583
583
581
581
581
581
581
581
579
579
579
625
623
623
621
573
573
573
573
573
573
575
577
577
579
577
577
625
623
625
625
577
577
577
577
577
575
575
575
2000–12 I.R.B.
TABLE INTEREST RATES
FROM JANUARY 1, 1999 - PRESENT
NONCORPORATE OVERPAYMENTS AND UNDERPAYMENTS
RATE
7%
8%
8%
8%
8%
9%
Jan. 1, 1999—Mar. 31, 1999
Apr. 1, 1999—Jun. 30, 1999
Jul. 1, 1999—Sep. 30, 1999
Oct. 1, 1999—Dec. 31, 1999
Jan. 1, 2000—Mar. 31, 2000
Apr. 1, 2000—Jun. 30, 2000
1995–1 C.B.
TABLE
19
21
21
21
69
71
PAGE
573
575
575
575
623
625
TABLE OF INTEREST RATES
FROM JANUARY 1, 1999 - PRESENT
CORPORATE OVERPAYMENTS AND UNDERPAYMENTS
Jan. 1, 1999—Mar. 31, 1999
Apr. 1, 1999—Jun. 30, 1999
Jul. 1, 1999—Sep. 30, 1999
Oct. 1, 1999—Dec. 31, 1999
Jan. 1, 2000—Mar. 31, 2000
Apr. 1, 2000—Jun. 30, 2000
OVERPAYMENTS
1995–1 C.B
RATE TABLE PG
UNDERPAYMENTS
1995–1 C.B.
RATE
TABLE PG
6%
7%
7%
7%
7%
8%
571
573
573
573
621
623
7%
8%
8%
8%
8%
9%
RATE
1995–1 C.B.
TABLE
PG
13%
12%
12%
12%
11%
10%
10%
9%
9%
9%
9%
9%
9%
9%
10%
11%
11%
12%
11%
11%
11%
10%
31
29
29
29
75
73
73
71
23
23
23
23
23
23
25
27
27
29
27
27
75
73
85
583
583
583
629
627
627
625
577
577
577
577
577
577
579
581
581
583
581
581
629
627
17
19
19
19
67
69
19
21
21
21
69
71
573
575
575
575
623
625
TABLE OF INTEREST RATES FOR
LARGE CORPORATE UNDERPAYMENTS
FROM JANUARY 1, 1991 - PRESENT
Jan. 1, 1991—Mar. 31, 1991
Apr. 1, 1991—Jun. 30, 1991
Jul. 1, 1991—Sep. 30, 1991
Oct. 1, 1991—Dec. 31, 1991
Jan. 1, 1992—Mar. 31, 1992
Apr. 1, 1992—Jun. 30, 1992
Jul. 1, 1992—Sep. 30, 1992
Oct. 1, 1992—Dec. 31, 1992
Jan. 1, 1993—Mar. 31, 1993
Apr. 1, 1993—Jun. 30, 1993
Jul. 1, 1993—Sep. 30, 1993
Oct. 1, 1993—Dec. 31, 1993
Jan. 1, 1994—Mar. 31, 1994
Apr. 1, 1994—Jun. 30, 1994
Jul. 1, 1994—Sep. 30, 1994
Oct. 1, 1994—Dec. 31, 1994
Jan. 1, 1995—Mar. 31, 1995
Apr. 1, 1995—Jun. 30, 1995
Jul. 1, 1995—Sep. 30, 1995
Oct. 1, 1995—Dec. 31, 1995
Jan. 1, 1996—Mar. 31, 1996
Apr. 1, 1996—Jun. 30, 1996
2000–12 I.R.B.
783
March 20, 2000
TABLE OF INTEREST RATES FOR
LARGE CORPORATE UNDERPAYMENTS—Continued
FROM JANUARY 1, 1991 - PRESENT
RATE
1995–1 C.B.
TABLE
PG
11%
11%
11%
11%
11%
11%
11%
10%
10%
10%
9%
10%
10%
10%
10%
11%
75
75
27
27
27
27
27
25
25
25
23
25
25
25
73
75
629
629
581
581
581
581
581
579
579
579
577
579
579
579
627
629
1995–1 C.B.
TABLE
18
20
18
18
66
64
66
66
18
18
18
18
18
16
16
16
14
16
16
16
64
66
PG
572
574
572
572
620
618
620
620
572
572
572
572
572
570
570
570
568
570
570
570
618
620
Jul. 1, 1996—Sep. 30, 1996
Oct. 1, 1996—Dec. 31, 1996
Jan. 1, 1997—Mar. 31, 1997
Apr. 1, 1997—Jun. 30, 1997
Jul. 1, 1997—Sep. 30, 1997
Oct. 1, 1997—Dec. 31, 1997
Jan. 1, 1998—Mar. 31, 1998
Apr. 1, 1998—Jun. 30, 1998
Jul. 1, 1998—Sep. 30, 1998
Oct. 1, 1998—Dec. 31, 1998
Jan. 1, 1999—Mar. 31, 1999
Apr. 1, 1999—Jun. 30, 1999
Jul. 1, 1999—Sep. 30, 1999
Oct. 1, 1999—Dec. 31, 1999
Jan. 1, 2000—Mar. 31, 2000
Apr. 1, 2000—Jun. 30, 2000
TABLE OF INTEREST RATES FOR CORPORATE
OVERPAYMENTS EXCEEDING $10,000
FROM JANUARY 1, 1995 - PRESENT
RATE
6.5%
7.5%
6.5%
6.5%
6.5%
5.5%
6.5%
6.5%
6.5%
6.5%
6.5%
6.5%
6.5%
5.5%
5.5%
5.5%
4.5%
5.5%
5.5%
5.5%
5.5%
6.5%
Jan. 1, 1995—Mar. 31, 1995
Apr. 1, 1995—Jun. 30, 1995
Jul. 1, 1995—Sep. 30, 1995
Oct. 1, 1995—Dec. 31, 1995
Jan. 1, 1996—Mar. 31, 1996
Apr. 1, 1996—Jun. 30, 1996
Jul. 1, 1996—Sep. 30, 1996
Oct. 1, 1996—Dec. 31, 1996
Jan. 1, 1997—Mar. 31, 1997
Apr. 1, 1997—Jun. 30, 1997
Jul. 1, 1997—Sep. 30, 1997
Oct. 1, 1997—Dec. 31, 1997
Jan. 1, 1998—Mar. 31, 1998
Apr. 1, 1998—Jun. 30, 1998
Jul. 1. 1998—Sep. 30, 1998
Oct. 1, 1998—Dec. 31, 1998
Jan. 1, 1999—Mar. 31, 1999
Apr. 1, 1999—Jun. 30, 1999
Jul. 1, 1999—Sep. 30, 1999
Oct. 1, 1999—Dec. 31, 1999
Jan. 1, 2000—Mar. 31, 2000
Apr. 1, 2000—Jun. 30, 2000
March 20, 2000
784
2000–12 I.R.B.
Part III. Administrative, Procedural, and Miscellaneous
Rev. Proc. 2000–19
TABLE OF CONTENTS
CHAPTER 1 - INTRODUCTION TO SUBSTITUTE FORMS
Section 1.1 - Overview of Revenue Procedure 2000–19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 1.2 - IRS Contacts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 1.3 - Nature of Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 1.4 - Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 1.5 - Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
786
787
787
788
789
CHAPTER 2 - GENERAL GUIDELINES FOR SUBMISSIONS AND APPROVALS
Section 2.1 - General Specificiations for Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 2.2 - Highlights of Permitted Changes and Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 2.3 - Vouchers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 2.4 - Restrictions on Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 2.5 - Guidelines for Obtaining IRS Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 2.6 - Office of Management and Budget (OMB) Requirements
for All Substitute Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
789
790
790
791
791
794
CHAPTER 3 - PHYSICAL ASPECTS AND REQUIREMENTS
Section 3.1- General Guidelines for Substitute Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 3.2 - Paper . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 3.3 - Printing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 3.4 - Margins . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 3.5 - Examples of Approved Formats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 3.6 - Miscellaneous Information for Substitute Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
794
796
797
797
798
798
CHAPTER 4 - ADDITIONAL RESOURCES
Section 4.1 - Guidance From Other Revenue Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 4.2 - Ordering Publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 4.3 - Electronic Tax Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 4.4 - Federal Tax Forms on CD-ROM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
799
799
800
800
CHAPTER 5 - REQUIREMENTS FOR SPECIFIC TAX RETURNS
Section 5.1 - Tax Returns (Form 1040, 1040A, 1120, Etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 5.2 - Changes Permitted to Graphics (Forms 1040A and 1040) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 5.3 - Changes Permitted to Form 1040A Graphics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 5.4 - Changes Permitted to Form 1040 Graphics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
801
802
803
803
CHAPTER 6 - FORMAT AND CONTENT OF SUBSTITUTE RETURNS
Section 6.1 - Acceptable Formats for Computer-Generated Forms
and Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 6.2 - Additional Instructions for All Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
804
804
CHAPTER 7 - OCR FORMS
Section 7.1 - Special Form 1040EZ Optical Character Recognition/Image
Character Recognition (OCR/ICR) Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 7.2 - Computer-Generated Alternative Returns,
Form 1040PC Format Return . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 7.3 - Specifications for OCR Scannable Application Forms
for Employee Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2000–12 I.R.B.
785
805
807
808
March 20, 2000
CHAPTER 8 - MISCELLANEOUS FORMS AND PROGRAMS
Section 8.1 - Paper Substitutes for Form 1042-S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 8.2 - Specifications for Filing Substitute Schedules K-1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 8.3 - Procedures for Printing Internal Revenue Service Envelopes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 8.4 - Procedures for Substitute Form 5471 and Form 5472 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
809
811
811
813
CHAPTER 9 - ALTERNATIVE METHODS OF FILING
Section 9.1 - Forms for Electronically Filed Returns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 9.2 - FTD Magnetic Tape Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 9.3 - Effect on Other Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
814
815
815
EXHIBITS
Exhibit A-1. Schedule A (Preferred)
Exhibit A-2. Schedule A (Acceptable)
Exhibit B-1. Schedule B (Preferred)
Exhibit B-2. Schedule B (Acceptable)
Exhibit CG-A. Schedule A (Computer Generated)
Exhibit CG-B. Schedule B (Computer Generated)
Exhibit C. Sample Checklist
Exhibit L-1. List of Forms Referred to in Revenue Procedure
Chapter 1
Introduction to Substitute Forms
Section 1.1 - Overview of Revenue Procedure 2000–19
1.1.1
Purpose
This revenue procedure provides the general requirements and conditions for the development, print
ing, and approval of all substitute tax forms to be acceptable for filing in lieu of official IRS forms.
1.1.2
Unique Forms
Certain unique, specialized forms require the use of other additional revenue procedures to supplement
this publication. See Chapter 4.
1.1.3
Scope
The Internal Revenue Service accepts quality substitute tax forms that are consistent with the official
forms and do not have an adverse impact on our processing. The IRS Substitute Forms Program administers the formal acceptance and processing of these forms nationwide. While this program deals primarily with paper documents, it also interfaces with other processing and filing media such as:
•
•
•
Magnetic tape,
Optical character recognition, and
Electronic filing, etc.
Only those substitute forms that comply fully with the requirements set forth herein are acceptable.
Exhibit L-1 lists the form numbers mentioned in this document and their titles. This revenue procedure is updated as required to reflect pertinent tax year form changes and to meet processing and/or
legislative requirements.
1.1.4
Forms Covered
by This
Revenue Procedure
The following types of forms are covered by this revenue procedure:
•
•
•
•
•
1.1.5
Forms NOT
Covered by
This Revenue
March 20, 2000
IRS tax returns and their related forms and schedules.
Applications for permission to file returns electronically and forms used as required documentation for electronically filed returns.
Powers of Attorney.
Estimated tax payment vouchers.
Forms and schedules relating to partnerships, exempt organizations, and employee plans.
The following types of forms are not covered:
•
•
W-2, W-3 (see Publication 1141 for information on these forms)
1096, 1098 series, 1099 series, 5498 series, and W-2G (see Publication 1179 for information on
786
2000–12 I.R.B.
Procedure
these forms)
Federal Tax Deposit (FTD) coupons, which may not be reproduced.
Forms 1040-ES(OCR) and 1041-ES(OCR), which may not be reproduced.
Requests for information or documentation initiated by the Service.
Forms used internally by the Service.
State tax forms.
Forms developed outside IRS (except for Form TD F 90-22.1, Report of Foreign Bank and
Financial Accounts).
•
•
•
•
•
•
Section 1.2 — IRS Contacts
1.2.1
Where To Send
Substitute Forms
Send your substitute forms for approval to the following offices (DO NOT send forms with taxpayer
data):
Form
Office and Address
4789, 8300, 8362, 8852,
TD F 90-22.1, TD F 90-22.47
IRS Computing Center
BSA Compliance Branch
P.O. Box 32063
Detroit, MI 48232-0063
4461, 4461-A, 4461-B, 5300, 5303,
5307, 5310, 5310-A, and 6406
Internal Revenue Service
Attn: EP OCR Forms Coordinator
OP:E:EP:FC
1111 Constitution Avenue, NW
Room 2232 IR
Washington, DC 20224
All others (except W-2, W-3, 1096,
1098, 1099, 5498, and W-2G)
Internal Revenue Service
Attn: Substitute Forms Program
OP:FS:FP:F:CD
1111 Constitution Avenue, NW
Room 5244 IR
Washington, DC 20224
In addition, the Substitute Forms Program can be contacted via email at tfpmail@publish.no.irs.gov.
Use this email address only to inquire about forms covered by this revenue procedure. DO NOT attach
graphic files for approval with email.
For questions about Forms W-2 and W-3, refer to IRS Publication 1141, General Rules and
Specifications for Private Printing of Substitute Forms W-2 and W-3. For Forms 1096, 1098, 1099,
5498, and W-2G, refer to IRS Publication 1179, Specifications for Paper Document Reporting and
Paper Substitutes for Forms 1096, 1098, 1099 Series, 5498, and W-2G.
Section 1.3 - Nature of Changes
1.3.1 Changes to the
Revenue Procedure
•
•
•
•
•
•
•
2000–12 I.R.B.
The pages of this revenue procedure has been numbered to facilitate ease of use.
The IRS Internet website address has been changed to http://www.irs.gov. References to the FTP
and Telnet addresses have been deleted..
Definition of “advanced draft” has been added.
Vendor responsibility for monitoring revisions to official forms has been articulated.
Section on Form 941 OCR requirements has been removed.
Pricing information for the Federal Tax Forms CD-ROM has been revised.
Processing of 1999 Plan Year Forms 5500 and 5500-EZ will be processed by the Pension and
Welfare Benefits Administration, effective July 1, 2000.
787
March 20, 2000
•
•
•
•
•
•
•
•
Form 5500-C/R has been obsoleted for Plan Year 1999.
The Electronic Filing Program is now called the IRS e-file Program.
Instructions for the boxes on Form 1042-S have been revised.
Voucher scan lines now have a six-digit tax period (YYYYMM).
Forms 8543-NR and 8453-OL are now referenced in the section on electroncially filed returns.
Forms 1040-ES(OCR) and 1041-ES(OCR) added to list of forms not covered by this revenue
procedure.
Four-digit portion of ZIP codes on envelopes revised for froms 1040, 940, and 943.
Various editorial changes have been made.
Section 1.4 - Definitions
1.4.1
Substitute
Form
A tax form (or related schedule) that differs in any way from the official version and is intended to
replace theentire form that is printed and distributed by the Service. This term also covers those
approved substitute forms exhibited in this revenue procedure.
1.4.2
Printed (or
Preprinted)
Form
A form produced using conventional printing processes. Also, a printed form which has been reproduced
by photocopying or similar processes.
1.4.3
Preprinted
Pin-Fed Form
A printed form that has marginal perforations for use with automated and high-speed printing equipment.
1.4.4 ComputerPrepared
Substitute
Form
A preprinted form in which the taxpayer’s tax entry information has been inserted by a computer, computer-printer, or other computer type equipment, such as word-processing equipment.
1.4.5 ComputerGenerated
Substitute
Tax Return
or Form
A tax return or form that is entirely designed and printed by the use of a computer printer,such as a
laser printer, etc., on plain white paper. This return or form must conform to the physical layout of the
corresponding Service form although the typeface may differ. The text should match the text on the
officially printed form as closely as possible; condensed text and abbreviations will be considered
on a case-by-case basis. Exception: All jurats (perjury statements) must be reproduced verbatim.
1.4.6 ManuallyPrepared Form
A preprinted reproduced form in which the taxpayer’s tax entry information is entered by an individual using a pen, pencil, typewriter, or other non-automated equipment.
1.4.7 ComputerGenerated Answer
Sheet Format
Tax Return
A tax return that contains only the taxpayer’s significant line entries, and is formatted three columns
per page with tax form headings, a summary, and jurat. This return is printed on plain white paper
using a computer printer.
1.4.8 Graphics
Those parts of a printed tax form that are not tax amount entries nor called-for information. Generally,
these are line numbers, captions, shadings, instructions, special indicators, borders, rules, and strokes
created by typesetting, photographics, photocomposition, etc.
1.4.9 Acceptable
Reproduced Form
A legible photocopy of an original form.
1.4.10 Supporting
Statement
(Supplemental
Schedule)
A document providing detailed information to support an entry for a line(s) on an official or approved
substitute form and filed with (attached to) a tax return. (A supporting statement is not a tax form and
does not take the place of an official form, unless specifically permitted elsewhere in this procedure.)
1.4.11 Specific
Forms Terms
The following terms are used throughout this revenue procedure in reference to all substitute forms,
with the exception of the 1040PC “answer sheet format” tax return.
Continued on next page
March 20, 2000
788
2000–12 I.R.B.
1.4.12
Format
The overall physical arrangement and general layout of a substitute form.
1.4.13 Sequence
The same numeric and logical placement order of data, as reflected on the official form version.
Sequence is an integral part of the total format requirement.
1.4.14 Line
Reference (Code)
The line numbers, letters or alphanumerics used to identify each captioned line on the official forms,
and printed to the immediate left of each caption or data entry field.
1.4.15 Item
Caption
The textual portion of each line on the form identifying the specific data elements required.
1.4.16 Data
Entry Field
All areas designated on a form for the insertion of data, such as dollar amounts, quantities, responses,
checkboxes, etc.
1.4.17 Advanced
Draft
A draft revision of a new or revised form may be posted to the IRS Internet site for information
purposes. Substitute forms may be submitted based on these advanced drafts but any company that
receives forms approval based on these early drafts is responsible for monitoring and revising froms
to mirror any revisions in the final forms provided by the Service.
Section 1.5 - Agreement
Section 1.5.1
Important
Stipulation of
This Revenue
Procedure
Any person or company who uses substitute forms and makes all or part of the changes specified in
this revenue procedure agrees to the following stipulations:
•
The Internal Revenue Service presumes the changes are made in accordance with these procedures and, as such, will be noninterruptive to the processing of the tax return.
•
Should any of the changes prove to be not exactly as described, and as a result become disruptive to the Internal Revenue Service during processing of the tax return, the person or company agrees to accept the determination of the IRS as to whether or not the form may continue to
be used during the filing season.
•
The person or company agrees to work with the IRS in correcting noted deficiencies.
Notification of deficiencies may be made by any combination of fax, letter, email, or phone contact and may include the return of unacceptable forms for resubmission of acceptable forms.
Chapter 2
General Guidelines for Submissions and Approvals
Section 2.1 - General Specifications for Approval
2.1.1 Overview
If you produce any tax returns and forms using IRS guidelines on permitted changes, you can generate your own substitutes without further approval. If your changes are more extensive, you must get
official approval before using substitute forms. These changes include the use of typefaces and sizes
other than those found on the official form and the condensing of line item descriptions to save space.
2.1.2 Schedules
Schedules are considered to be an integral part of a complete tax return when assigned consecutive
page numbers and printed contiguously with page 1 of the return.
2.1.3 Example of
Schedules That
Must Be Submitted
With the Return
Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return, is an example of this
situation, where Schedules A through U have pages numbered as part of the basic return. For a Form
706 to be approved, the entire form including Schedules A through U must be submitted.
2.1.4 Examples of
Schedules That
However, Schedules 1, 2, and 3 of Form 1040A are examples of schedules that can be separately computer-generated. Although printed by the IRS as a continuation of Form 1040A, none of these schedContinued on next page
2000–12 I.R.B.
789
Can Be Submitted
Separately
ules have page numbers that require them to be filed with Form 1040A, and may, therefore, be separated from Form 1040A and submitted as computer-generated substitute schedules.
2.1.5 Use and
Distribution of
Unapproved Forms
The Internal Revenue Service is continuing a program to identify and contact tax return preparers,
forms developers, and software publishers who use or distribute unapproved forms that do not conform to this revenue procedure. The use of unapproved forms impedes processing of the returns.
Section 2.2 - Highlights of Permitted Changes and Requirements
2.1.1 Methods of
Reproducing
Internal Revenue
Service Forms
Official versions are supplied by the Internal Revenue Service, such as those in the taxpayer’s tax package,
those printed in revenue procedures, and over-the-counter forms available at IRS and other governmental
public offices or buildings. Forms are also available on CD-ROM, and on-line viaFedworld and the Internet.
There are methods of reproducing Internal Revenue Service printed tax forms suitable for use as substitute tax forms without prior approval.
•
You can photocopy most tax forms and use them instead of the official ones. The entire substitute form, including entries, must be legible.
•
You can reproduce any current tax form as cut sheets, snapsets, and marginally punched, pin-fed
forms so long as you use an official IRS version as the master copy.
•
You can reproduce a “signature form” as a valid substitute form. Many tax forms (including returns)
have a taxpayer signature requirement as part of the form layout. The jurat/perjury statement/signature line areas must be retained and worded exactly as on the official form. The requirement for
a signature by itself does not prohibit a tax form from being properly computer-generated.
•
You can computer-generate Answer Sheet Format Tax Returns on plain bond paper using IRSaccepted software for the 1040PC format for return types 1040EZ, 1040, 1040A, and attachments, forms, and schedules.
Section 2.3 - Vouchers
2.3.1 Overview
All payment vouchers (Forms 940-V, 940-EZ(V), 941- V, 943-V, 945-V, 1040-V, and 2290-V) must
be reproduced. Substitute vouchers must be the same size as the officially printed vouchers. Vouchers
that are prepared for printing on a laser printer may include a scanline.
2.3.2 Scanline
Specifications
NNNNNNNNN AA AAAA NN N NNNNNN NNN
A
B
C
D E
F
G
A - Social Security Number/Employer Identification Number (SSN/EIN) has 9 numeric spaces.
B - Check Digit has 2 alpha spaces.
C - Name Control has 4 alphanumeric spaces.
D - Master File Tax (MFT) Code has 2 numeric spaces (see below).
E - Taxpayer Identification Number (TIN) Type has 1 numeric space (see below).
F - Tax period has six numeric spaces in year/month format (YYYYMM).
G - Transaction Code has 3 numeric spaces.
2.3.3 MFT Code
Code Number for:
•
Form 1040 family - 30;
•
Form 940/940-EZ - 10;
•
Form 941 - 01;
•
Form 943 - 11;
•
Form 945 - 16; and
•
Form 2290 - 60.
2.4 TIN Type
Type Number for:
•
Form 1040 family - 0; and
•
Forms 940, 940-EZ, 941, 943, 945, and 2290 - 2.
2.3.5 Voucher Size
The voucher size must be exactly 8.0” X 3.25”. The document scanline must be vertically positioned
1.625 inches from the bottom of the scanline to the bottom of the voucher. The right most character
Continued on next page
March 20, 2000
790
2000–12 I.R.B.
of the scanline must be placed 3.5 inches from the right leading edge of the document. The maximum
vertical displacement is .06 inches. The minimum required horizontal clear space between characters
is .014 inches. The line to be scanned must have a clear band 0.25 inches in height from top to bottom of the scanline, and from border to border of the document. “Clear band” means no printing
except for dropout ink.
2.3.6 Print and
Paper Weight
Vouchers must be imaged in black ink using OCR A or OCR B, size 1 font. The paper must be 20 to
24 pound OCR bond paper weight.
Section 2.4 - Restrictions on Changes
2.4.1
Things You
CANNOT Do to IRS
Forms Suitable
for Substitute
Tax Forms
You cannot, without prior IRS approval, change any Internal Revenue Service tax form or use your
own (non-approved) versions (preprinted labels), including graphics, unless specifically permitted by
this revenue procedure.
You cannot adjust any of the graphics on Forms 1040, 1040A, and 1040EZ (except in those areas specified in Chapter 5 of this revenue procedure) without prior approval from the IRS Substitute Forms
Program.
You cannot use your own preprinted label on tax returns filed with IRS, unless you fully comply with
the exception criteria specified in the section on use of preaddressed IRS labels in this revenue procedure.
Section 2.5 - Guidelines for Obtaining IRS Approval
2.5.1 Basic
Requirements
Preparers who desire to file substitute privately designed and printed tax forms and/or computer-generated and computer-prepared tax forms must develop such substitutes using the guidelines for substitute forms established in this chapter. These substitutes, unless excepted by revenue procedure, must
be approved by the IRS before being filed.
2.5.2 1040PC
Format Return
A software developer who wants to market, distribute, or use for its own clientele, a tax preparation
package featuring the 1040PC tax return format, must first file an application to participate in the program. Only after successfully fulfilling test requirements will a developer’s software package be
accepted by the IRS to produce 1040PC tax returns.
2.5.3 Conditional
Approval Based
on Advance Drafts
The Internal Revenue Service cannot grant final approval of your substitute form until the official form
has been published. However, the IRS has established a location on the Internet for the posting of
advance drafts of forms. This site can be reached through the Tax Professional’s Corner at
http://www.irs.ustreas.gov/prod/bus_info/tax_pro.
We encourage submission of proposed substitutes of these advance draft forms, and will grant conditional approval based solely on these early drafts. These advance drafts are subject to significant
change before forms are finalized. If these advance drafts are used as the basis for your substitute
forms, you will be responsible for subsequently updating your final forms to agree with the final official version before use. These revisions need not be submitted for further approval.
NOTE: Approval of forms based on advance drafts will not be granted after the final version of an official form is published.
•
Any alteration of forms must be within the limits acceptable to the Service. It is possible that,
from one filing period to another, a change in law or a change in internal need (processing, audit,
compliance, etc.) may change the allowable limits for the alteration of the official form.
•
When specific approval of any substitute form (other than those specified in Chapter 2, IRS
Contacts) is desired, a sample of the proposed substitute should be forwarded for consideration
by letter to the Substitute Forms Program Coordinator at the address shown in Chapter 2.
•
To expedite multiple forms approval, we prefer that your proposed forms be submitted in separate sets by return. For example, Forms 1040 and their normally related schedules or attachContinued on next page
2000–12 I.R.B.
791
March 20, 2000
2.5.3 Conditional
Approval Based
on Advanced Drafts
(continued)
ments should be submitted separately from Forms 1120, 1065, 5500 Series, etc., if at all possible. Schedules and forms (e.g., Forms 3468, 4136, etc.) that can be used with more than one
type of return (e.g., 1040, 1041, 1120, etc.) should be submitted only once for approval, regardless of the number of different tax returns with which they may be ultimately associated. In addition, all pages of a multipage form or return should be submitted in the same package.
2.5.4 Approving
Offices
As no IRS office except the ones specified in this procedure (per the chart in Chapter 1) are authorized
to approve substitute forms, unnecessary delay may result if forms are sent elsewhere for approval.
All forms submitted to any other office must be forwarded to the appropriate office for formal control
and review. The Substitute Forms Program Coordinator may then coordinate the response with the
program analyst responsible for the processing of that form. Such coordination may include allowing
the analyst to officially approve the form. No IRS office is authorized to allow deviations from this
revenue procedure.
2.5.5 Service’s
Review of Software
Programs, etc.
The IRS does not review or approve the logic of specific software programs, nor confirm the calcula
tions entered on forms output from these programs that are submitted for approval. The accuracy of
the program itself remains the responsibility of the software package developer, distributor, or user.
The Substitute Forms Program is primarily concerned with the prefiling quality review of the final
forms output, produced by whatever means, that are expected to be processed by IRS field offices. For
the above reasons, it is suggested that you submit forms without including any “taxpayer” information
such as names, addresses, monetary amounts, etc.
2.5.6 When to Send
Proposed Substitutes
Proposed substitutes, which are required to be submitted per this revenue procedure, should be sent as
much in advance of the filing period as possible. This is to allow adequate time for analysis and
response.
2.5.7 Accompanying
Statement
When the sample substitute is submitted, there should be an accompanying statement that lists the
form number of each substitute requested and detail those items that deviate from the official form in
position, arrangement, appearance, line numbers, additions, deletions, etc. Included with each of the
items should be a detailed reason or justification for the change and an approximation of the number
of forms expected to be filed.
When requesting approval for multiple forms, the statement should be presented as a checksheet.
Checksheets are not mandatory, but do facilitate the approval process. The checksheet may look like
the example (Exhibit C) displayed in the back of this procedure or may be one of your own design.
Please include your fax number on the checksheet.
2.5.8 Approval/
Non-Approval
Notice
The Substitute Forms Coordinator will fax the checksheet or an approval letter back to the originator
if a fax number has been provided, unless:
•
the requester has asked for a formal letter; or
•
significant corrections are required to the submitted forms
Notice of approval may contain qualifications for use of the substitutes. Notices of non-approval letters may specify the changes required for approval, and may also require resubmission of the form(s)
in question. Telephone contact is used when possible.
2.5.9 Duration of
Approval
Most signature tax returns and many of their schedules and related forms have the tax (liability) year
printed in the upper right corner. Approvals for these forms are usually good for one calendar year
(January through December of the year of filing). Quarterly tax forms in the 94X series, and Form
720, require approval for any quarter in which the form has been revised.
2.5.10 Limited
Continued Use
of Approved
Change
•
If the preprinted year is the only change made to a form, the form for the upcoming year is not
subject to review.
•
Otherwise, each new filing season requires a new approval.
Limited continued use of a change approved for one tax year may be allowed for the same form in the
following tax year. Examples of such limitations and requirements are the use of abbreviated words,
revised form spacing, compressed text lines, shortened captions, etc., which do not change the con
sistency of lines or text on the official forms.
If substantial changes are made to the form, new substitutes must be submitted for approval. If only
minor editorial changes are made to the form, it is not subject to review.
Continued on next page
March 20, 2000
792
2000–12 I.R.B.
If you received written approval of a previous tax year substitute form governed by this revenue procedure and continue to use the approved change on your current tax year substitute form, you may
revise your form to include this change and, without additional written approval, use it as a current tax
year substitute form, provided you comply with the requirements in this revenue procedure.
2.5.11 When
Approval Is
Not Required
If you received written approval for a specific change on a specific form last year, such as deleting the
vertical lines used to separate dollars and cents on some forms and schedules, e.g., Schedules A&B
of Form 1040, you may again make the same change on the same form this year if the item changed
is still present on this year’s official form.
•
The new substitute does not have to be sent to the IRS and written approval is not required.
•
However, the new substitute must conform to the official current year IRS form in other respects:
date, Office of Management and Budget (OMB) approval number, attachment sequence number,
Paperwork Reduction Act Notice statement, arrangement, item caption, line number, line reference, data sequence, etc.
•
It must also comply with this revenue procedure—which may have eliminated, added to, or otherwise changed the guideline(s) which affected the change approved last year.
Exception: Those written approvals which state that the approved change or form would not be
allowed in any other tax year, or for a temporary, limited, or interim approval pending resolution of a
failure to meet one or more IRS-prescribed requirements are subject to revire in subsequent years.
•
This authorization for continued use of an approved change is limited to the continuation of
design logic from an immediately prior tax year substitute form to a current tax year substitute
form.
2.5.12 Continuous
Use Forms
Forms without preprinted tax years are called “continuous use” forms. Many of these forms had expiration dates, but these are being phased out. Continuous use forms are revised when a legislative
change affects the form or a change will facilitate processing.
2.5.13 Internet
Program Chart
A chart of print dates (for annual and quarterly forms) and most current revision dates (for continuous
use forms) will be maintained on the Internet. For further details, see the section on Internet access in
Chapter 4 of this revenue procedure.
2.5.14 Required
Copies
Generally, you must send us one copy of each form being submitted for approval. However, if you
are producing forms for different computer systems (e.g., IBM (or compatible) vs. MacIntosh) or different types of printers (laser vs. dot matrix), and these forms differ significantly in appearance, submit one copy for each type of system or printer.
2.5.15 Requestor’s
Responsibility After
Receipt of Approval
Following the receipt of initial approval for a substitute forms package, or of a software output program to print substitute forms, it is the responsibility of the originator (designer or distributor) to provide each subsequent client firm or individual with the pertinent Service forms requirements that must
be met for continuing acceptability.
Examples of this responsibility include:
•
•
2.5.16 Source Code
The Substitute Forms Program Unit, OP:FS:FP:F:CD, will assign a unique source code to each firm
that submits substitute paper forms for approval. This will be a permanent control number that should
be used on every form created by a particular firm.
•
•
•
2000–12 I.R.B.
The use of prescribed print paper, font size, legibility, state tax data deletion.
The legal requirements of the Paperwork Reduction Act Notice for informing all users of substitute forms of the official use and collection requirements stated in the instructions for the official IRS forms, completion of documents, etc.
This source code should be printed at the bottom left margin area on the first page of every
approved substitute paper form.
The source code for paper returns consists of three alpha characters.
This source code should not be used on optically scanned (OCR) forms.
793
March 20, 2000
Section 2.6 - Office of Management and Budget (OMB) Requirements for All Substitute Forms
2.6.1 OMB
Requirements for
All Substitute Forms
Legal Requirements of the Paperwork Reduction Act of 1995 (“Act”). Public Law 104-13 requires that:
•
OMB approve all IRS tax forms that are subject to the Act,
•
Each IRS form contains (in the upper right corner) the OMB number, if any, and
•
Each IRS form (or its instructions) states why IRS needs the information, how it will be used,
and whether or not the information is required to be furnished.
This information must be provided to every user of official or substitute tax forms.
2.6.2 Application
of Act to Substitute
Forms
2.6.3 Required
Explanation to
Users
2.6.4 Obtaining
OMB Number
and Notice
On forms to which OMB numbers have been assigned:
•
All substitute forms must contain in the upper right corner the OMB number that is on the official form.
•
Format Required - OMB No. XXXX-XXXX (Preferred) or OMB # XXXX-XXXX.
You must also inform the users of your substitute forms of the IRS use and collection requirements
stated in the instructions for the official IRS form.
•
If you provide your users or customers with the official IRS instructions, page 1 of each form
must retain either the Paperwork Reduction Act Notice, or a reference to it as the IRS does on
the official forms (usually in the lower left corner of the forms).
•
If the IRS instructions are not provided to users of your forms, the exact text of the Paperwork
Reduction Act Notice must be furnished on the form or separately.
•
This notice reads, in part, “We ask for this information to carry out the Internal Revenue laws of
the United States. You are required to give us the information. We need it to ensure that you are
complying with these laws and to allow us to figure and collect the right amount of tax...”
•
You must also include a copy of the alternative statement provided to users of your forms with
the forms you submit for approval.
The OMB number and Paperwork Reduction Act Notice may be obtained from the official form (or
its instructions), or any format produced by the IRS (e.g., Compact Disc (CD), Internet download, or
Bulletin Board System (BBS) download).
Chapter 3
Physical Aspects and Requirements
Section 3.1 - General Guidelines for Substitute Forms
3.1.1 General
Information
The Official Form is the standard. Because a substitute form is a variation from the official form, you
should know the requirements of the official form for the year of use before you modify it to meet your
needs. The IRS provides several means of obtaining the most frequently used tax forms. These
include the Internet, fax-on-demand, CD-ROM and an electronic forms bulletin board (see chapter 4).
3.1.2 Design
Each form must follow the design of the official form as to format arrangement, item caption, line
numbers, line references, and sequence.
3.1.3 State Tax
Information
Prohibited
State tax information must not appear (be visible) on the federal tax return or associated form or schedule
which is filed with the IRS, except where amounts are claimed on or required by the federal return,
e.g., state and local income taxes, Schedule A (Form 1040).
Continued on next page
March 20, 2000
794
2000–12 I.R.B.
3.1.4 Vertical
Alignment of
Amount Fields
IF a form is to be...
A form is to be manually prepared
THEN...
•
•
Computer-generated
•
•
Computer-prepared
•
•
3.1.5 Attachment
Sequence Number
•
The federal column must have a vertical line
or some type of indicator in the amount field
to separate dollars from cents if the official
form has a vertical line.
The cents column must be at least 3/10” wide.
Vertically align the amount entry fields where
possible.
Use one of the following amount formats:
•
0,000,000.
•
0,000,000.00
You may remove the vertical line in the
amount field that separates dollars from cents.
Use one of the following amount formats:
•
0,000,000.
•
0,000,000.00
Most individual income tax forms have a required “attachment sequence number” located just
below the year designation in the upper right corner of the form. The IRS uses this number to
indicate the order in which forms are to be attached to the tax return so they may be processed
in that order. Some of the attachment sequence numbers may change each year.
On computer-prepared forms:
•
The sequence number may be printed in no less than 12-point boldface type and centered below
the form’s year designation.
•
The sequence number may also be placed following the year designation for the tax form and
separate with an asterisk.
•
It is not necessary to duplicate the “Attachment Sequence Number” wording, except for the
actual number.
3.1.6 Paid Preparer’s
Information and
Signature Area
On Forms 1040EZ, 1040A, 1040, and 1120, etc., the “Paid Preparer’s Use Only” area may not be
rearranged or relocated. You may, however, add three extra lines to the paid preparer’s address area
without prior approval. This applies to other tax forms as well. Please note that the preparer’s area
on Form 1040EZ is on the bottom of page 2. Substitute Forms 1040EZ with the preparer area in any
location other than the bottom of page 2 will not be accepted.
3.1.7 Assembly
of Forms
If developing software or forms for use by others, please inform your customers/clients that the order
in which the forms are arranged may affect the processing of the package. A return must be arranged
in order indicated below.
2000–12 I.R.B.
795
March 20, 2000
If the form is...
Then sequence is
1040
•
•
Any other (Form 1120, 1120S,
1065, 1041, etc.)
•
•
Form 1040
Schedules and forms in sequence number
order
The tax return
Lettered schedules (Schedule D, etc.) in
alphabetical order
• nNnumbered forms in numerical order
Supporting statements should then follow in the same sequence as the forms they support. Additional
information required should be attached last.
In this way, the forms are received in the order in which they must be processed. If you do not send
returns to us in this order, the IRS has to delay processing to disassemble them and place them in
order before processing is continued.
Section 3.2 - Paper
3.2.1 Paper
Content
The paper must be:
•
Chemical wood writing paper that is equal to or better than the quality used for the official form,
•
At least 18 pound (17” x 22”, 500 sheets), or
•
At least 50 pound offset book (25” x 38”, 500 sheets).
3.2.2 Paper with
Chemical Transfer
Properties
There are several kinds of paper prohibited for substitute forms. These are:
•
Carbon-bonded paper
•
Chemical transfer paper except when the following specifications are met:
•
Each ply within the chemical transfer set of forms must be labeled.
•
Only the top ply (ply one and white in color), the one that contains chemical on the back
only (coated back), may be filed with the Service.
3.2.3 Example
A set containing three plies would be constructed as follows:
one ply (coated back), “Federal Return, File with IRS”; ply two (coated front and back), “Taxpayer’s
copy”, and ply three (coated front), “Preparer’s copy.”
•
The file designation, “Federal Return, File with IRS,”
for ply one must be printed in the bottom right margin (just below the last line of the form) in
12-point, bold-face type.
•
It is not mandatory, but recommended, that the file designation ”Federal Return, File with IRS,”
be printed in a contrasting ink for visual emphasis.
3.2.4 Carbon
Paper
Do not attach any carbon paper to any return you file with the Internal Revenue Service.
3.2.5 Paper and
Ink Color
We prefer that the color and opacity of paper substantially duplicates that of the original form. This
means that your substitute must be printed in black ink and may be on white or on the colored paper
the IRS form is printed on. Forms 1040A and 1040 substitute reproductions may be in black ink without the colored shading. The only exception to this rule is Form 1041-ES, which should always be
printed with a very light gray shading in the color screened area. This is necessary to assist us in expeditiously separating this form from the very similar Form 1040-ES.
3.2.6 Page Size
Substitute or reproduced forms and computer prepared/generated substitutes may be the same size as
the official form (8” x 11” in most cases) or they may be the standard commercial size (8 1/2” x 11”)
exclusive of pin-feed holes. The thickness of the stock cannot be less than .003 inch.
March 20, 2000
796
2000–12 I.R.B.
Section 3.3 - Printing
3.3.1 Printing
Medium
The private printing of all substitute tax forms must be by conventional printing processes, photo
copying, computer-graphics, or similar reproduction processes.
3.3.2 Legibility
All forms must have a high standard of legibility, both as to printing and reproduction and as to fill-in
matter. Entries of taxpayer data may be no smaller than eight points. The Internal Revenue Service
reserves the right to reject those with poor legibility. The ink and printing method used must ensure
that no part of a form (including text, graphics, data entries, etc.) develops “smears” or similar quality deterioration. This includes any subsequent copies or reproductions made from an approved master substitute form, either during preparation or during IRS processing.
3.3.3 Type Font
Many federal tax forms are printed using “Helvetica” as the basic type font. We request that you use
this type font when composing substitute forms.
3.3.4 Print Spacing
Substitute forms should be printed using a 6 lines/inch vertical print option. They should also be printed horizontally in 10 pitch pica (i.e., 10 print characters per inch) or 12 pitch elite (i.e., 12 print positions per inch).
3.3.5 Image Size
The image size of a printed substitute form should be as close as possible to that of the official form.
You may omit any text on both computer-prepared and computer-generated forms that is solely
instructional.
3.3.6 Title Area
Changes
To allow a large top margin for marginal printing and more lines per page, the title line(s) for all substitute forms (not including the form’s year designation and sequence number, when present), may be
photographically reduced by 40 percent or reset as one line of type. When reset as one line, the type
size may be no smaller than 14-point. You may omit “Department of the Treasury, Internal Revenue
Service” and all reference to instructions in the form’s title area.
3.3.7 Remove
Government Printing
Office Symbol and
IRS Catalog Number
When privately printing substitute tax forms, the Government Printing Office symbol and/or jacket
number must be removed. In the same place, using the same type size, print the Employer
Identification Number (EIN), the Social Security Number (SSN) of the printer or designer, or the IRS
assigned source code. (We prefer this last number be printed in the lower left area of the first page of
each form.) Also remove the IRS Catalog Number, if one is present in the bottom center margin, and
the Recycle Symbol, if the substitute is not produced on recycled paper.
3.3.8 Printing
on One Side
of Paper
While it is preferred that both sides of the paper be used for substitute and reproduced forms, resulting in the same page arrangement as that of the official form or schedule, the IRS will not reject your
forms if only one side of the paper is used.
3.3.9 Photocopy
Equipment
The IRS does not undertake to approve or disapprove the specific equipment or process used in reproducing official forms. Photocopies of forms must be entirely legible and satisfy the conditions stated
in this and other revenue procedures.
3.3.10 Reproductions
Reproductions of official forms and substitute forms that do not meet the requirements of this revenue
procedure may not be filed instead of the official forms. Illegible photocopies are subject to being
returned to the filer for resubmission of legible copies.
3.3.11 Removal
of Instructions
You may remove all references to instructions. No prior approval is needed. One exception is that the
statement, “For Paperwork Reduction Act Notice, see instructions”, must be retained or a similar
statement provided on each form. Some forms refer the taxpayer to a page number in the instructions
for information on the Paperwork Reduction Act.
Section 3.4 - Margins
3.4.1 Margin Size
The format of a reproduced tax return when printed on the page must have margins on all sides at least
as large as the margins on the official form. This allows room for IRS employees to make the necessary entries on the form during processing.
•
2000–12 I.R.B.
A 1/2” to 1/4” inch margin must be maintained across the top, bottom, and both sides (exclusive
of any pin-fed holes) of all computer-generated substitutes.
797
March 20, 2000
•
3.4.2 Marginal
Printing
The marginal, perforated strips containing the pin-fed holes must be removed from all forms
prior to filing with the Internal Revenue Service.
Non-tax material allowed in limited areas.
•
•
Printing is never allowed in the top right margin of the tax return form (i.e., Forms 1040, 1040A,
1040EZ, 1120, 940, 941, 5500 Series, etc.). The Service uses this area to imprint a Document
Locator Number for each return.
With the exception of the actual tax return forms (i.e., Forms 1040, 1040A, 1040EZ, 1120, 940,
941, etc.), you may print in the left vertical margin and in the left half of the bottom margin.
Prior approval is not required for the marginal printing allowed when printed on an official form or on
a photocopy of an official form.
The marginal printing allowance is also the guide for the preparation of acceptable substitute forms.
There is no exception to the requirement that no printing is allowed in the top right margin of the tax
return form.
Section 3.5 - Examples of Approved Formats
3.5.1 Examples of
Approved Formats
From the Exhibits
Two sets of exhibits (Exhibits A-1, A-2, B-1, and B-2) are at the end of this revenue procedure. These
are examples of how the guidelines in this revenue procedure may be used in some specific cases.
Vertical spacing is six (6) lines to the inch.
3.5.2 Examples of
Acceptable computergenerated formats
Examples of acceptable computer-generated formats are also shown in the Exhibits section of this rev
enue procedure. Exhibits CG-A and CG-B show computer-generated Schedules 1995 A and B.
Vertical spacing is six (6) lines to the inch. You may also refer to them as examples of how the guidelines in this revenue procedure may be used in specific cases. A combination of upper and lower case
print fonts is acceptable in producing the computer-generated forms included in this procedure. This
same logic for computer-generated forms can be applied to any IRS form that is normally reproducible
as a substitute form, with the exception of tax return forms as discussed elsewhere. These examples
are from a prior year and are not to be used as substitute forms.
Section 3.6 - Miscellaneous Information for Substitute Forms
3.6.1 Filing
Substitute Forms
To be acceptable for filing, a substitute return or form must print out in a format that will allow the
party submitting the return to follow the same instructions as for filing official forms. These instructions are in the taxpayer’s tax package or in the related form instructions. The form must be on the
appropriate size paper, be legible, and include a jurat where one appears on the published form.
3.6.2 Caution
to Software
Publishers
The IRS has received returns produced by software packages with approved output where either the
form heading was altered or the lines were spaced irregularly. This produces an illegible or unrecognizable return or a return with the wrong number of pages. We realize that many of these problems
are caused by individual printer differences but they may delay input of return data and, in some cases,
generate correspondence to the taxpayer. Therefore, in the instructions to the purchasers of your product, both individual and professional, please stress that their returns will be processed more efficiently if they are properly formatted. This includes:
•
•
3.6.3 Use
Preaddressed
IRS Label
March 20, 2000
Having the correct form numbers and titles at the top of the return, and
Submitting the same number of pages as if the form were an official IRS form, with the line
items on the proper pages.
If you are a practitioner filling out a return for a client or a software publisher who prints instruction
manuals, stress the use of the preaddressed label provided in the tax package the IRS sent to the tax
payer, when available. The use of this label (or its precisely duplicated label information) is extremely important for the efficient, accurate, and economical processing of a taxpayer’s return. Labeled
returns indicate that a taxpayer is an established filer and permits us to automatically accelerate processing of those returns. This results in quicker refunds, more accurate names/addresses and postal
deliveries, and less manual review by IRS functions.
Continued on next page
798
2000–12 I.R.B.
3.6.5 Programming
to Print Forms
Whenever applicable:
•
Use only the following label information format for single filers:
JOHN Q. PUBLIC
310 OAK DRIVE
HOMETOWN, STATE 94000
•
Use only the following information for joint filers:
JOHN Q. PUBLIC
MARY I. PUBLIC
310 OAK DRIVE
HOMETOWN, STATE 94000
Chapter 4
Additional Resources
Section 4.1 - Guidance From Other Revenue Procedures
4.1.1 General
Guidance for the substitute tax forms not covered in this revenue procedure and the revenue procedures that govern their use are as follows:
•
Revenue Procedure 94-79, IRS Publication 1355, Requirements and Conditions for the
Reproduction, Private Design, and Printing of Substitute Forms 1040-ES.
•
Revenue Procedures 99-24, IRS Publication 1141, General Rules and Specifications for Private
Printing of Substitute Forms W-2 and W-3.
•
Revenue Procedure 99-34, IRS Publication 1179, Specifications for Paper Document Reporting
and Paper Substitutes for Forms 1096, 1098, 1099, 5498, and W-2G.
•
Revenue Procedure 98-44, IRS Publication 1187, Specifications for Filing Form 1042-S,
Foreign Person’s U.S. Source Income Subject to Withholding, on Magnetic Tape.
•
Revenue Procedure 99-29, IRS Publication 1220, Specifications for Filing Forms 1098, 1099,
5498, and W-2G Magnetically or Electronically.
•
Revenue Procedure 95-18, IRS Publication 1223, Specifications for Private Printing of
Substitute Forms W-2c and W-3c.
Section 4.2 - Ordering Publications
4.2.1 Sources of
Publications
The publications listed below may be ordered by calling 1-800-TAX-FORM (1-800-829-3676).
Identify the requested document by IRS publication number:
•
Pub. 1141, the revenue procedure on specifications for private printing for Forms W-2 and W-3.
•
Pub. 1167, the revenue procedure on substitute printed, computer- prepared, and computer-generated tax forms and schedules. This publication is available from the IRS Internet website.
•
Pub. 1179, the revenue procedure on paper substitute information returns (Forms 1096, 1098,
1099, 5498, and W-2G).
•
Pub. 1192, Catalog of Reproducible Forms and Instructions.
•
Pub. 1220, the revenue procedure on electronic or magnetic tape and magnetic diskette reporting for information returns (Forms 1098, 1099 series, 5498, and W-2G).
•
Pub. 1223, the revenue procedure on substitute Forms W-2c and W-3c.
•
Pub. 1239, Specifications for Filing Form 8027, Employer’s Annual Information Return of Tip
Income and Allocated Tips, on Magnetic Tape.
•
Pub. 1245, Magnetic Tape Reporting for Forms W-4.
Continued on next page
2000–12 I.R.B.
799
March 20, 2000
4.2.2 Where
To Order
•
Pub. 1345, Handbook for Electronic Filers of Individual Income Tax Returns (Tax Year 1999).
(This is an annual publication; tax year is subject to change). This publication is available from
the IRS Internet website.
•
Pub. 1345-A, Handbook for Electronic Filers of Individual Income Tax Returns (Tax Year 1999)
(Supplement). This publication, printed in the late fall, supplements Publication 1345.
•
Pub. 1355, the revenue procedure on the requirements for substitute Form 1040-ES.
If you are mailing your order, the address to use is determined by your location.
If you live in the ...
Then mail your order to ...
Western United States
Western Area Distribution Center
Rancho Cordova, CA 95743-0001
Central United States
Central Area Distribution Center
P.O. Box 8903
Bloomington, IL 61702-8903
Eastern United States or
or foreign country
Eastern Area Distribution Center
P.O. Box 85074
Richmond, VA 23261-5074
Section 4.3 - Electronic Tax Products
4.3.1 The
Internet
Copies of tax forms with instructions, publications, and other tax related materials may be obtained
via the Internet. Forms can be downloaded in several file formats (PDF- Portable Document Format,
PS - PostScript, and PCL - Printer Control Language). Those choosing to use PDF files for viewing
on a personal computer can also download a free copy of the Adobe Acrobat Reader.
•
World Wide Web - http://www.irs.gov
Access to these sites is free but time on the Internet is subject to the fees charged by your Internet provider.
4.3.2 Fedworld
(BBS)
The Internal Revenue Information Systems (IRIS) Bulletin Board can be reached via FedWorld, an
aggregation of federal BBS maintained by the Department of Commerce. IRIS can be reached directly by modem at (703) 321-8020; FedWorld’s main number is (703) 321-3339. These are toll calls.
4.3.3 Tax Fax
The most frequently requested tax forms, instructions, and other information are available through IRS
Tax Fax at (703) 368-9694. Call from your fax machine and follow the voice prompts. Your request
will be transmitted directly back to you. Each call is limited to requesting three items; users pay the
telephone line charges.
4.3.4 Report of
Print Dates
The Service makes available a site on the Internet that shows print dates for forms used by taxpayers
in the preparation of returns and subsequent transactions. It is in three parts:
•
Schedule of anticipated print dates of annual returns,
•
Schedule of anticipated print dates of quarterly returns, and
•
Schedule of last revision dates for continuous use only forms.
The site address is http://www.irs.gov/prod/bus_info/tax_pro/formsch.html. The site will be updated
weekly during peak printing periods and as necessary at other times.
Section 4.4 - Federal Tax Forms on CD-ROM
4.4.1 Information
About Federal Tax
Forms CD-ROM
March 20, 2000
The CD-ROM contains over 3,000 tax forms and publications for small businesses, return preparers,
and others who frequently need current or prior year tax products. Most current tax forms on the CDROM may be filled in electronically, then printed out for submission and saved for recordkeeping.
800
2000–12 I.R.B.
Other products on the CD-ROM include the Internal Revenue Bulletins, Tax Supplements, and
Internet resources for the tax professional with links to the World Wide Web.
All necessary software to view the files must be installed from the CD-ROM. Software for Adobe
Acrobat Reader is included on the disk. The software will run under Windows 95/98/NT and
MacIntosh System 7.5 and later. All products are presented in Adobe’s Portable Document Format
(PDF). In addition, the TIPs are provided in the Standard Generalized Markup Language (SGML).
4.4.2 System
Requirements and
How to Order the
Federal Tax Forms
CD-ROM
For system requirements, contact the National Technical Information Service (NTIS) help desk at 703487-4608.
The cost of the CD if purchased via the Internet at http://www.irs.gov/cdorders from NTIS is $16 (plus
a $5 handling fee). If purchased using the following methods the cost is $23 (plus a $5 handling fee).
•
by phone - 1-877-CDFORMS (1-877-233-6767)
•
by fax - (703) 605-6900
•
by mail using the order form contained in IRS Publication 1045 (Tax Professionals Program)
•
by mail to:
National Technical Information Service
5285 Port Royal Road
Springfield, VA 22161
There is a $7 discount per CD for orders of 50 or more copies, making the price $16 per CD plus a $5
handling fee.
Chapter 5
Requirements for Specific Tax Returns
Section 5.1 - Tax Returns (Form 1040, 1040A, 1120, Etc.)
5.1.1 Acceptable
Forms
There are acceptable computer-generated versions of a tax return form (e.g., Form 1040, 1040A, 1120,
etc., which requires a signature and that establishes tax liability) that are permitted under the following conditions:
•
These substitute returns must be printed on plain white paper.
•
Substitute returns and forms must conform to the physical layout of the corresponding IRS form
although the typeface may differ. The text should match the text on the officially published form
as closely as possible; condensed text and abbreviations will be considered on a case-by-case
basis.
Exception: All jurats (perjury statements) must be reproduced verbatim. No text can be added, deleted, or changed in meaning. It must be readily identifiable as a valid tax return.
5.1.2 ComputerGenerated
Condensed
Format Versions
•
Various computer-graphic print media such as laser printing, dot matrix addressable printing,
etc., may be used to produce the substitute forms.
•
The substitute return must be the same exact number of pages, and contain the same line text as
the official return.
•
All computer-generated tax returns MUST be submitted for approval prior to their original use.
Should you receive an approval letter for a return and the following year’s return has no changes
except the preprinted year, the latter return is not subject to approval. Exception: If the approval
letter specifies a one-time exception for your return, the next year’s return must be approved.
The accepted condensed print format version for individual returns is the 1040PC “answer sheet format” tax return. The approval process for Form 1040PC differs from that of traditional forms. See
Chapter 7 for additional information.
Continued on next page
2000–12 I.R.B.
801
March 20, 2000
5.1.3 Prohibited
Forms
The following are prohibited:
•
Tax returns (e.g., Forms 1040, etc.) computer-generated on lined or color-barred paper.
•
Tax returns that differ from the official IRS forms in a manner that makes them not standard or
processable.
5.1.4 Changes
Permitted to
Forms 1040
and 1040A
Certain changes (listed in Section 5.2 through 5.4) are permitted to the graphics of the form without
prior approval, but these changes apply only to acceptable preprinted forms. Changes not requiring
prior approval are good only for the annual filing period, which is the current Tax Year. Such changes
are valid in subsequent years only if the official form does not change.
5.1.5 Other
Changes Not
Listed
All changes not listed in Sections 5.2 through 5.4 require prior approval from the Service BEFORE
the form may be filed.
Section 5.2 - Changes Permitted to Graphics (Forms 1040A and 1040)
5.2.1 Adjustments
You may make minor vertical and horizontal spacing adjustments to allow for computer or word-processing printing. This includes widening the amount columns or tax entry areas so long as the adjustments do not exceed other provisions stated in revenue procedures. No prior approval is needed for
these changes.
5.2.2 Name and
Address Area
The horizontal rules and instructions within the name and address area may be removed and the entire
area left blank; no line or instruction can remain in the area. However, the statement regarding use of
the IRS label should be retained. The heavy ruled border (when present) that outlines the name,
address area, and social security number must not be removed, relocated, expanded, or contracted.
5.2.3 Required
Format
When the name and address area is left blank, the following format must be used when printing the
taxpayer’s name and address. Otherwise, unless the taxpayer’s preprinted label is affixed over the
information entered in this area, the lines must be filled in as shown:
•
1st name line (35 characters maximum)
•
2nd name line (35 characters maximum)
•
In-care-of name line (35 characters maximum)
•
City, State (25 char. max.), one blank char., & ZIP (five char.)
5.2.4 Conventional
Name and
Address Data
When there is no in-care-of name line, the name and address will consist of only three lines (single
filer) or four lines (joint filer).
Name and address (joint filer) with no in-care-of name line:
JOHN Z. JONES
MARY I. JONES
1234 ANYWHERE ST., APT 111
ANYTOWN, STATE 12321
5.2.5 Example of
In-Care-Of Name
Line
Name and address (single filer) with in-care-of name line:
5.2.6 Social Security
Number (SSN) and
Employer Identification
Number (EIN) Area
The vertical lines separating the format arrangement of the SSN/EIN may be removed. When the vertical lines are removed, the SSN and EIN formats must be 000-00-0000 or 00-0000000, respectively
5.2.7 Cents Column
•
•
JOHN Z. JONES
C/O THOMAS A. JONES
4311 SOMEWHERE AVE.
SAMETOWN, STATE 54345
•
March 20, 2000
You may remove the vertical rule that separates the dollars from the cents.
All entries in the amount column should have a decimal point following the whole dollar
amounts whether or not the vertical line that separates the dollars from the cents is present.
You may omit printing the cents, but all amounts entered on the form must follow a consistent
format. You are strongly urged to round off the figures to whole dollar amounts, following the
official return instructions.
Continued on next page
802
2000–12 I.R.B.
•
•
•
5.2.8 “Paid
Preparer’s Use
Only” Area
Where several amounts are summed together, the total should be rounded off subsequent to the
addition (i.e, individual amounts should not be rounded off for computation purposes).
When printing money amounts, you must use one of the following ten- character formats: (a)
0,000,000. (b) 000,000.00
When there is no entry for a line, leave the line blank.
On all forms, the paid preparer’s information area may not be rearranged or relocated. You may add
three lines and remove the horizontal rules in the preparer’s address area.
Section 5.3 - Changes Permitted to Form 1040A Graphics
5.3.1 General
No prior approval is needed for the following changes (for use with computer-prepared forms only).
5.3.2 Line 4 of
Form 1040A
This line may be compressed horizontally (to allow for same line entry for the name of the qualifying
child) by using the following caption: “Head of household; child’s name” (name field).
5.3.3 Other Lines
Any line whose caption takes up two or more vertical lines may be compressed to one line by using
contractions, etc., and by removing instructional references.
5.3.4 Page 2 of
Form 1040A
All lines must be present and numbered in the order shown on the official form. These lines may also
be compressed.
5.3.5 Color
Screening
It is not necessary to duplicate the colorscreening used on the official form. A substitute Form 1040A
may be printed in black and white only, with no color screening.
5.3.6 Other
Changes Prohibited
No other changes to the Form 1040A graphics are allowed without prior approval, except for the
removal of instructions and references to instructions.
Section 5.4 - Changes Permitted to Form 1040 Graphics
5.4.1 General
No prior approval is needed for the following changes (for use with computer-prepared forms only).
5.4.2 Line 4 of
Form 1040
This line may be compressed horizontally (to allow for a larger entry area for the name of the qualifying child) by using the following caption: “Head of household; child’s name” (name field).
5.4.3 Line 6c of
Form 1040
The vertical lines separating columns (1) through (4) may be removed. The captions may be short
ened to allow a one-line caption for each column.
5.4.4 Other Lines
Any other line whose caption takes up two or more vertical lines may be compressed to one line by
using contractions, etc., and by removing instructional references.
5.4.5 Line 21 Other Income
The fill-in portion of this line may be expanded vertically to three lines.
The amount entry box must remain a single entry.
5.4.6 Line 40 of
Form 1040 - Tax
You may change the line caption to read “Tax” and computer print the words “Total includes tax from”
and either “Form(s) 8814”, or “Form 4972”. If both forms are used , print both form numbers.
5.4.7 Line 47 of
Form 1040
You may change the caption to read: “Other credits from Form” and computer-print only the form(s)
that apply.
5.4.8 Color
Screening
It is not necessary to duplicate the color screening used on the official form. A substitute Form 1040
may be printed in black and white only, with no color screening.
5.4.9 Other
Changes Prohibited
No other changes to the Form 1040 graphics are permitted without prior approval except for the
removal of instructions and references to instructions.
2000–12 I.R.B.
803
March 20, 2000
Chapter 6
Format and Content of Substitute Returns
Section 6.1 - Acceptable Formats for Computer-Generated Forms and Schedules
6.1.1 Exhibits and
Use of Acceptable
ComputerGenerated Formats
Exhibits of acceptable computer-generated formats for the schedules usually attached to the Form
1040 are shown in the Exhibits section of this revenue procedure.
•
If your computer-generated forms appear exactly like the exhibits, no prior authorization is needed.
•
Those who want to computer-generate forms not shown here may do so, but they must design
such forms themselves by following the manner and style of those in the Exhibits section of this
revenue procedure, and by taking care to observe other requirements and conditions stated here.
The Service encourages the submission of all proposed forms covered by this revenue procedure.
6.1.2 Instructions
The format of each substitute schedule or form must follow the format of the official schedule or form
as to item captions, line references, line numbers, sequence, form arrangement and format, etc.
Basically, try to make the form look like the official one, with readability and consistency being primary factors. You may use periods and/or other similar special characters to separate the various parts
and sections of the form. DO NOT use alpha or numeric characters for these purposes. With the
exceptions described in paragraph 6.1.3, all line numbers and items must be printed even though an
amount is not entered on the line.
6.1.3 Line Numbers
When a line on an official form is designated by a number or a letter, that designation (reference code)
must be used on a substitute form. The reference code must be printed to the left of the corresponding captioned line and also immediately preceding the data entry field even if there is no reference
code immediately preceding the data entry field on the official form. If an entry field contains multiple lines but shows the line references only one time on the left and right side of the form, do not use
more than the same number of line references on the substitute return.
In addition, the reference code that is immediately before the data field must either be followed by a
period or enclosed in parentheses. There also must be at least two blank spaces between the period or
the right parenthesis and the first digit of the data field. (See example below.)
6.1.4 Decimal Points
A decimal point (i.e., a period) should be used for each money amount regardless of whether the amount
is reported in dollars and cents or in whole dollars, or whether or not the vertical line that separates the
dollars from the cents is present. The decimal points must be vertically aligned when possible.
Example:
5 STATE & LOCAL INC.
TAXES................5 495.00
6 REAL ESTATE
TAXES................6
7 PERSONAL PROPERTY
TAXES................7 198.00
or
5 STATE & LOCAL INC.
TAXES................(5) 495.00
6 REAL ESTATE
TAXES................(6)
7 PERSONAL PROPERTY
TAXES................(7) 198.00
6.1.5 Multiple
Page Forms
When submitting multiple page forms, send all pages of the form in the same package. If you are not
producing certain pages, please note that in your cover letter.
Section 6.2 - Additional Instructions for All Forms
6.2.1 Use of Your
Own Internal Control
Numbers and
March 20, 2000
Internal control numbers and identifying symbols of the computer preparer may be shown on the sub
stitute, if the use of such numbers or symbols is acceptable to the taxpayer and the taxpayer’s representative. If shown, such information must not be printed in the top 1/2” clear area of any form or
Continued on next page
804
2000–12 I.R.B.
Identifying Symbols
schedule requiring a signature. With the exception of the actual tax return form (i.e., Forms 1040,
1120, 940, 941, 5500 Series, etc.), you may print in the left vertical and bottom left margins. The bottom left margin you may use extends 3 1/2 inches from the left edge of the form.
6.2.2 Descriptions
for Captions,
Lines, etc.
Descriptions for captions, lines, etc., appearing on the substitute forms may be limited to one print line
by using abbreviations and contractions, and by omitting articles, prepositions, etc. However, sufficient key words must be retained to permit ready identification of the caption, line, or item.
6.2.3 Derivation
of Final Totals
Explanatory detail and/or intermediate calculations for derivation of final line totals may be included
on the substitute. We prefer that such calculations be submitted in the form of a supporting statement.
If intermediate calculations are included on the substitute, the line on which they appear may not be
numbered or lettered. Intermediate calculations may not be printed in the right column. This column
is reserved for official numbered and lettered lines that correspond to the ones on the official form. If
a supporting statement is submitted, intermediate calculations or subtotals may be formatted at the preparer’s option.
6.2.4 Instructional
Text Prescribed
for the Official Form
Text prescribed for the official form, which is solely instructional in nature, e.g., “Attach this schedule to Form 1040,” “See instructions,” etc., may be omitted from the substitute form.
6.2.5 Mixing of
Forms on the Same
Page Prohibited
Information for more than one schedule or form may not be shown on the same printout page. Both
sides of the paper may be printed for multiple page official forms; but it is unacceptable to intermix
single page schedules of forms, except for Schedules A and B (Form 1040), which are printed back to
back by the Service.
Schedule E can be printed on both sides of the paper, because the official form is multiple page, with
page 2 continued on the back. However, do not print Schedule E on the front page and Schedule SE
on the back, or Schedule A on the front and Form 8615 on the back, etc. Both pages of a substitute
form must match the official form version it represents, except that the back page may be blank if the
Service form only contains the instructions thereon.
6.2.6 Identifying
Computer-Prepared
Substitutes
Identify all computer-prepared substitutes clearly; print the form designation 1/2” from the top margin and 1 1/2” from the left margin; print the title centered on the first line of print; and print the taxable year and, where applicable, the sequence number on the same line _ to 1” from right margin.
Include the taxpayer’s name and SSN on all forms and attachments. Also, print the OMB number as
reflected on the official form.
6.2.7 Negative
Amounts
Negative (or loss) monetary amount entries should be enclosed in brackets, or signed minus, to assist
in the accurate computation and input of form data. On many official forms the Service preprints
brackets in selected negative data fields, and these designations should be retained or inserted on
affected substitute forms.
Chapter 7
OCR Forms
Section 7.1 - Special Form 1040EZ Optical Character Recognition/Image Character Recognition
(OCR/ICR) Requirements
7.1.1 Form 1040EZ
Designed in
OCR/ICR Format
The Form 1040EZ is designed in OCR/ICR format. The IRS has the capability to machine read this
form by optical character recognition/image character recognition (OCR/ICR) equipment. Form
1040EZ data may also be filed electronically or on a 1040PC format return.
An acceptable substitute OCR/ICR Form 1040EZ must generally be an exact replica of the official
OCR/ICR reproduction proof with respect to layout, content, and required OCR/ICR characteristics.
2000–12 I.R.B.
805
March 20, 2000
7.1.2 Paper
Requirements for
OCR/ICR Form
1040EZ
7.1.3 Specific Ink
Requirements
The special paper requirements which must be met for the development of a substitute (privately print
ed) OCR/ICR Form 1040EZ include the following:
Property
Requirements
Color and quality of paper
Paper must be white, OCR/ICR grade bond,
with no fluorescent additives or water marks,
and with zero rag content.
Reflectivity of paper
Must be 80% or greater.
Opacity
The paper opacity ratio must be 80% or more.
Paper Weight
Specified paper weight is 20 lb. OCR/ICR
bond (.0035”).
Dirt
Must not exceed 10 parts per million.
Finish (smoothness)
Must be between 90 and 160 units (Sheffield).
Porosity
Paper should have a Gurley reading between
15 and 95.
Gloss
Paper with shiny or lustrous appearance
(glossy) should be avoided.
Size
Form trim size must be 8” x 11”.
The specific ink requirements which must be met for this form include the following:
Property
March 20, 2000
Requirements
Print Color
The face of the form prints in black and green,
the back prints in black only (70 % screen).
Ink
Green ink used must be highly reflective
OCR/ICR type, such as Flint J-27975, or an
exact match. Black ink used must be nonreflective.
Face Registration
Black to green must be .02” (plus or minus)
both horizontally and vertically.
Face Screen
Forms contain a green-screened background
equal to a 15% tone of 110-line screen. Follow
registration marks on repro-proof for screen
positioning. Handprinted boxes are included
on Page 1 of the reproduction proof and should
be printed as a 50% value of the recommended
OCR/ICR green ink. Inks used for handprinted
boxes must reflect at least 90% of the background on which it is printed as measured in
the visible range.
Face Margins
Approximately 2/6” head from top trimmed
edge to screen (1/2” to black image). 1/6” outside from trimmed edges to screen.
Back Margins
1/2” head, 5/16” foot, and 5/16” sides.
Back Screen
Back copy should be screened for 70% tone
value.
806
2000–12 I.R.B.
7.1.4 Typography
Type must be substantially identical in both size and shape with corresponding type on the official
form reproduction proof.
7.1.5 Proper
Alignment and
Position of
Handprinted
Characters
To assure proper alignment and position of handprinted characters representing return lines 1 through
10 tax data, they must be handprinted (entered) into the preprinted amount field boxes on the form. A
#2 lead wooden pencil, or blue, and/or black ink pen (ball point, fountain, or felt-tipped) is recommended as the writing tool that will consistently provide the required stroke width and print contrast
on entered characters.
7.1.6 Reading of
Handprinted
Character
Techniques
Reading of handprinted characters requires adherence to the following techniques:
•
Enter numeric amount digits carefully and clearly. Fill at least 2/3 of the individual character
box height, keeping the character within the box with no overlapping or touching characters. Specific
required constraints are shown below.
•
When entering “fours”, keep the top open.
•
When entering “ones”, do not use serifs.
•
When entering “twos”, do not add extra loops.
•
All character lines must be connected with no gaps.
7.1.7 Note:
All the general and detailed provisions of this revenue procedure apply (in addition to this specific
OCR/ICR Section) to the development of substitute OCR/ICR Forms 1040EZ.
Section 7.2 - Computer-Generated Alternative Returns, 1040PC Format Return
7.2.1 Introduction
The Internal Revenue Service offers an electronic approach for filing individual income tax returns.
The 1040PC Format Return is an alternative to th e conventional preprinted tax return. The 1040PC
is an answer sheet return, generated on a personal computer in a three-column format, that prints only
tax data that is input into the software. Tax returns are filed by tax preparers and taxpayers using commercially available tax preparation software packages that include the 1040PC Format Return print
option.
7.2.2 1040PC
Format Returns
1040PC Format Returns are computer-prepared, printed on plain white paper, signed and mailed to the
designated processing center, and processed like any other conventionally filed return.
7.2.3 Software
Packages Must
Be Purchased
Preparers, or taxpayers, must purchase IRS-accepted tax preparation software packages that include
the 1040PC print option. All that is necessary to participate in 1040PC is a personal computer, accepted software, a printer, and plain white paper. The 1040PC is attractive to tax preparers and taxpayers
who might not be interested or capable of electronic filing.
7.2.4 Options
Available to
Taxpayers
The Direct Deposit option is available to taxpayers filing 1040PC returns. Balance due returns may
also be filed using 1040PC. The payment may be forwarded to the Service Center with a separate
payment voucher (Form 1040-V).
7.2.5 Use of the
1040PC Program
All software used to generate the 1040PC Format Return must be tested and accepted by the Internal
Revenue Service. Testing will validate 1040PC returns generated by the software and that the software program is in compliance with validity and consistency checks in the IRS 1040PC project specifications. Software developers who wish to participate in the 1040PC program must submit Form
9356, Application for Software Developers to Participate in the 1040PC Answer Sheet for Individual
Income Tax Returns, to the 1040PC Filing Section.
7.2.6 Acceptance
Code
Upon successful completion of software acceptance testing, the software developer will be issued a
software acceptance code that will be embedded into the software and print on every 1040PC return
generated. This is not the same as the Source Code issued by the Substitute Forms Program or the
approval number which is generated for OCR Scannable Application Forms for Employee Plans.
7.2.7 References/
Information on
the 1040PC
Format Return
The Internal Revenue Service believes that 1040PC will prove beneficial to taxpayers, tax preparers,
and the Service. For specific information about the alternative computer-generated 1040PC Format
Return, refer to Publication 1678, Project 1040PC, Handbook for 1040PC Format Preparers and
Publication 1630, Project 1040PC, Specifications for Software Developers. You may also call (202)
283-0823 or write:
2000–12 I.R.B.
807
March 20, 2000
Internal Revenue Service
1040PC Filing Office, OP:FS:S:P:S
5000 Ellin Rd
Lanham, MD 20706
Section 7.3 - OCR Scannable Application Forms for Employee Plans
7.3.1 OCR
Scannable
Documents
Forms 4461, 4461-A, 4461-B, 5300, 5303, 5307, 5310-A, 5310-A, and 6406 are OCR scannable documents submitted to key district offices for employee plans matters. They may be submitted as computer-generated substitute forms if the requirements of this section are satisfied.
7.3.2 OCR Data
Sheet Requirements
An OCR data sheet must be generated according to the following requirements:
•
Set at least 1” margin at top, bottom, and both sides.
•
A data element consists of a less than sign (delimiter), information or at least 5 blank spaces, and
a greater than sign (delimiter). All data elements from page one of the application forms listed
above must be printed on the OCR data sheet, even if no information is entered between the
delimiters.
•
Each data element must start at the left margin.
•
One line for each data field, except for employer and plan name fields which may be two lines.
However, only one set of delimiters may bracket the field, even if the field is on two lines.
•
Each data element must appear on the OCR data sheet in the same sequence as printed on the
preprinted form, reading top to bottom and from left to right.
•
Each data field must be sequentially numbered at left commencing with 1. See Notice 90-38 for
examples of the acceptable format.
•
The data sheet must be printed on 8 _” x 11” white nonrecycled paper suitable for use with printing equipment and duplicating machines. A photocopy is not acceptable. Heavyweight bond
paper and onion skin paper are not acceptable.
•
Use 10 pitch type in a standard business font (e.g., courier, elite, pica).
•
Add at least two spaces before and after each less than and greater than sign (delimiters).
•
Do not fold or staple the OCR data sheet. It may remain loose, or be paper or spring clipped to
the application.
•
At the top of the OCR data sheet add the heading “OCR Data Sheet, File With Application Form
(Enter Form Number), Approval Number” (leave nine spaces for approval number).
7.3.3 Where To
Send OCR Data
Sheet for Approval
The OCR data sheet must be submitted for approval to EP OCR Forms Coordinator, OP:E:EP:FC,
Room 2232, 1111 Constitution Ave., NW, Washington, DC 20224.
7.3.4 Submission
Requirements
The OCR data sheet must be submitted with a complete word-for-word identical copy of the application form except as described below. This copy may be a photocopy or a computer-generated substitute form. Computer-generated substitute forms may be submitted for approval to the address above.
However, except for the OCR data sheet, such approval is not required if the requirements of this revenue procedure are satisfied. If approval is requested, leave nine spaces for the approval number
above the OMB approval number.
7.3.5 Procedures
for Filing the
OCR Data Sheet
The OCR data sheet replaces the first copy of page 1 of the application which must otherwise be submitted in duplicate. To avoid confusion when generating the OCR data sheet, the following wording
should be deleted from page 1 of the application: “File page 1 of the form in duplicate” and “Both
copies of this page must be signed”. If the Procedural Requirements Checklist is being generated, the
following line item statements should be modified as indicated. The question “Has page one been submitted in duplicate” should be modified to read, “Have you submitted the OCR data sheet?”, and the
question “Have you signed both copies of page 1 of the application?” should be modified to read
“Have you signed the application?”
7.3.6 Nonscannable
EP Application
Forms
Nonscannable EP application forms, e.g., Form(s) 5305 and 5306, may be computer generated. They
need not be submitted for approval if the requirements of this revenue procedure are satisfied. If
approval is desired, these forms may be submitted to the Substitute Forms Coordinator.
March 20, 2000
808
2000–12 I.R.B.
Chapter 8
Miscellaneous Forms and Programs
Section 8.1 - Paper Substitutes for Form 1042-S
8.1.1 Paper
Substitutes
Paper substitutes for Form 1042-S, Foreign Person’s U.S. Source Income Subject to Withholding, that
totally conform to the specifications contained in this procedure may be privately printed without prior
approval from the Internal Revenue Service. Proposed substitutes not conforming to these specifications must be submitted for consideration.
8.1.2 Timeframe
for Submission
of Form 1042-S
The request should be submitted by November 15 of the year prior to the year the form is to be used.
This is to allow the Service adequate time to respond and the submitter adequate time to make any corrections. These requests should contain a copy of the proposed form, the need for the specific deviation(s), and the number of information returns to be printed.
8.1.3 Revisions
Form 1042-S is subject to annual review and possible change. Withholding agents and form suppliers are cautioned against overstocking supplies of the privately printed substitutes.
8.1.4 Obtaining
Copies
Copies of the official form for the reporting year may be obtained from most Service offices. The
Service provides only cut sheets (no carbon interleaves) of these forms. Continuous fan-fold/pin-fed
forms are not provided.
8.1.5 Instructions
For Withholding
Agents
Instructions for withholding agents:
•
Only original copies may be filed with the Service. Carbon copies and reproductions are
not acceptable.
•
The term “Recipient’s U.S. taxpayer identification number” for an individual means the social
security number (SSN) or individual taxpayer identification number (ITIN), consisting of nine
digits separated by hyphens as follows: 000-00-0000. For all other recipients, the term means
employer identification number (EIN). The EIN consists of nine digits separated by hyphen as
follows: 00-0000000. The taxpayer identification number (TIN) must be in one of these formats.
•
Withholding agents are requested to type or machine print whenever possible, provide quality
data entries on the forms (that is, use black ribbon and insert data in the middle of blocks well
separated from other printing and guidelines), and take other measures to guarantee a clear, sharp
image. Withholding agents are not required, however, to acquire special equipment solely for
the purpose of preparing these forms.
•
The “VOID” and “CORRECTED” boxes must be printed at the bottom left corner of the form,
and checked if applicable.
•
Substitute forms prepared in continuous or strip form must be burst and stripped to conform to
the size specified for a single form before they are filed with the Service. The dimensions are
found below. Computer cards are acceptable provided they meet all requirements regarding layout, content, and size.
8.1.6 Substitute
Forms Format
Requirements
2000–12 I.R.B.
Property
Substitute Forms Format Requirements
Printing
Privately printed substitute Forms 1042-S must
be exact replicas of the official forms with
respect to layout and contents. Only the dimensions of the substitute form may differ and the
printing of the Government Printing Office symbol must be deleted. The exact dimensions are
found below.
Line Entries
Line 1 must be present, line 2 may be omitted if
it is not needed. If line 2 is omitted, also omit
line 3.
Columns
None of the columns can be omitted. Each column (a through h) must be present and in the
exact order. The column for each payment
amount must contain the appropriate caption.
809
March 20, 2000
Property
Substitute Forms Format Requirements
Color Quality of Paper
• Paper For Copy A must be white chemical
wood bond, or equivalent, 20 pound (basis 17 x
22-500), plus or minus 5 percent; or offset book
paper, 50 pound (basis 25 x 38-500). No optical brighteners may be added to the pulp or
paper during manufacture. The paper must consist of principally bleach chemical woodpulp or
recycled printed paper. It also must be suitably
sized to accept ink without feathering.
• Copies B, C, D (for Recipient), and E (For
Withholding Agent) are provided in the official assembly solely for the convenience of
the withholding agent. Withholding agents
may choose the format, design, color and
quality of the paper used for these copies.
Color and Quality of Ink
All printing must be in a high quality non-gloss black
ink. Bar codes should be free from picks and voids.
Typography
Type must be substantially identical in size and
shape to corresponding type on the official form.
All rules on the document are either 1 point
(0.015”) or 3 point (0.045”). Vertical rules must
be parallel to the left edge of the document; horizontal rules, parallel to the top edge.
Dimensions
• The official form is 8” wide x 5-1/2” deep,
exclusive of a _ snap stub on the left side of
the form. The snap feature is not required on
substitutes.
• The width of a substitute Copy A must be a
minimum of 7” and a maximum of 8”,
although adherence to the size of the official
form is preferred. If the width of substitute
Copy A is reduced from that of the official
form, the width of each field on the substitute
form must be reduced proportionately. The
left margin must be 1/2” and free of all printing other than that shown on the official form.
• The depth of a substitute Copy A must be a
minimum of 5 1/6” and a maximum of 5 1/2”.
March 20, 2000
Carbons
Carbonized forms or “spot carbons” are not permissible. Interleaved carbons, if used, must be
of good quality to preclude smudging and
should be black.
Other Copies
Copies B, C, and D are required to be furnished
forthe convenience of payees who are required
to send a copy of the form with other federal and
state returns they file. Copy E may be desired as
a withholding agent’s record/copy.
Assembly
If all five parts are present, the parts of the assembly shall be arranged from top to bottom as follows: Copy A (Original) “For Internal Revenue
Service,” Copies B, C, and D “For Recipient,” and
Copy E “For Withholding Agent.”
810
2000–12 I.R.B.
Section 8.2- Specifications for Filing Substitute Schedules K-1
8.2.1 Schedule K-1
Requirements
Prior approval is NOT required for a substitute Schedule K-1 that accompanies Form 1065 (for partnership), a Form 1120S (for small business corporation), or a Form 1041 (for fiduciary) when the substitute Schedule K-1 meets all of the following requirements.
•
•
•
•
•
•
•
•
The Schedule K-1 must contain the payer and recipient’s name, address and SSN/EIN.
The Schedule K-1 must contain all the items required for use by the taxpayer.
The line items must be in the same order and arrangement as those on the official form.
Each taxpayer’s information must be on a separate sheet of paper. Therefore, all continuously
printed substitutes must be separated, by taxpayer, before filing with the Service.
Schedule K-1 for recipients must have instructions for required line items attached.
You may be subject to penalties if you file Schedules K-1 with the Service and furnish Schedules
K-1 to partners, shareholders, or beneficiaries that do not conform to the specifications of this
revenue procedure.
The amount of each partner’s shareholder’s or beneficiary’s share of each line item must be
shown. The furnishing of a total amount of each line item and a percentage (or decimal equivalent) to be applied to such total amount by the partner, shareholder, or beneficiary does not satisfy the law and the specifications of this revenue procedure.
If you file Schedules K-1 not conforming to the above specifications, IRS may consider these as
not processable and return them to you to be filed correctly. You may also be subjected to the
penalty as mentioned.
Section 8.3 - Procedures for Printing Internal Revenue Service Envelopes
8.3.1 Procedures
for Printing IRS
Envelopes
Organizations are permitted to produce substitute tax return envelopes. Use of substitute return
envelopes that comply with the requirements set forth in this section will assist in delivery of mail by
the U.S. Postal Service and facilitate internal sorting once the envelopes are received at the Internal
Revenue Service Centers.
The permanent five-digit ZIP codes must be utilized when mailing returns to the prescribed service
center:
Service Center
Atlanta, GA
Kansas City, MO
Austin, TX
Philadelphia, PA
Memphis, TN
Andover, MA
Cincinnati, OH
Holtsville, NY
Ogden, UT
Fresno, CA
Zip Code
39901
64999
73301
19255
37501
05501
45999
00501
84201
93888
8.3.2 Sorting of
Returns by
Form Type
The sorting of returns by form type is accomplished by the preprinted bar codes on return envelopes
that are included in each specific type of form or package mailed to the taxpayer. The 32 bit bar code
located to the left of the address on each envelope identifies the type of form that person is filing and
assists the Service in consolidating like returns for processing. Failure to use the envelopes furnished
by the Service results in additional processing time and effort, and possibly delays the timely deposit
of funds, processing of returns, and issuance of refund checks.
8.3.3 Sorting of
Returns by ZIP+4
or 9 Digit ZIP Codes
The Internal Revenue Service will not furnish or sell bulk quantities of preprinted tax return envelopes
to taxpayers or tax practitioners. A suitable alternative has been developed that will accommodate the
sorting needs of both the IRS and the U.S. Postal Service. The new alternative is based on the use of
2000–12 I.R.B.
811
March 20, 2000
ZIP + 4 or 9 digit ZIP codes for mailing various types of tax returns to the different area service centers. Essentially, the Postal Service will utilize the last four digits to identify and sort the various form
types into separate groups for processing. The list of add-on four digits or + 4 portion of the 9 digit
ZIP codes with the related form designations is provided below and is to become a permanent part of
the five digit service center ZIP codes shown above.
8.3.4 Add-on Four
Digits or + 4
Portion of the
9 Digit ZIP Codes
8.3.5 Changes
Involving EPMF
Forms (Plan Year
1999)
Form ZIP + FOUR
XXXXX-0001
XXXXX-0102
XXXXX-0005
XXXXX-0046
XXXXX-0018
XXXXX-0011
XXXXX-0012
XXXXX-0013
XXXXX-0014
XXXXX-0015
XXXXX-0020
XXXXX-0024
XXXXX-0027
XXXXX-0031
XXXXX-0044
Package
Reserved
1040
941
940
943
1065
1120
1120S
1040EZ
1040A
5500-CR
5500EZ
990
2290
5500
Beginning July 1, 2000, all Forms 5500 and 5500-EZ (for the 1999 plan year) will be processed by
the Pension and Welfare Benefits Administration (PWBA), an agency of the Department of Labor. In
addition, Form 5500-C/R has been obsoleted for plan year 1999. Forms 5500 and 5500-EZ should
be filed as follows:
If the plan year is ...
Then file the form with ...
1999 even if the form used is
a prior year form
The PWBA. See the instructions for Forms
5500 and 5500-EZ for the mailing addresses.
Do not use the tables in paragraphs 8.3.1 or
8.3.4.
1998 or earlier
The Internal Revenue Service using the tables
in paragraphs 8.3.1 and 8.3.4.
Forms 5500 and 5500-EZ for plan year 1999 will be printed in green drop-out ink. While it is not setting up a program to approve substitute (non-standard) forms, PWBA has announced that it will not
reject during the first processing year any 1999 annual return/report filing submitted on an unofficial
computer generated version of the form. They have however established the following criteria:
•
•
•
•
The form should be the same size as the hand-print form.
The layout on each page should be the same as the layout on the approved hand-print form.
There should be no addition or deletion of words, and no misspellings or abbreviations (other
than exact duplication of abbreviations on the approved form).
The font size, spacing, and boxes on the form should be substantially the same as those used on
the approved hand-print form.
Additional information is available on the PWBA website, http://www.efast.dol.gov.
March 20, 2000
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2000–12 I.R.B.
8.3.6 Reproducible
Program Is
Abolished
The Reproducible Program that in past years supplied the envelope Reproduction Proofs was abolished September 30, 1996. The IRS will no longer provide camera copy to practitioners for the production of envelopes. Practitioners must develop their own camera copy.
8.3.7 Guidelines
for Having
Envelopes
Preprinted
Use of preparer company names, addresses, and logos is permissible as long as prescribed clear areas
are not invaded. The government recommends that the envelope stock have an average opacity not
less than 89 percent and contain a minimum of 50 percent waste paper. Use of carbon-based ink is
essential for effective address and bar code reading. Envelope construction can be of side seam or
diagonal seam design. The government recommends that the size of the envelope should be 5-3/4” by
9”. Continuous pin-fed construction is not desirable but is permissible if the glued edge is at the top.
This requirement is firm because mail opening equipment is designed to slice or otherwise open the
bottom edge of each envelope.
8.3.7 Envelopes/
Zip Codes
The above procedures or guidelines are written for the user having envelopes preprinted. Many practitioners may not wish to have volumes of the different envelopes with differing ZIP codes/form designations preprinted for reasons of low volume, warehousing, waste, etc. In this case, the practitioner can type or machine print the addresses with the appropriate ZIP codes to accommodate sorting. If
the requirements/guidelines outlined in this section cannot be met, then use of only the appropriate five
digit service center ZIP code is needed.
Section 8.4 - Procedures for Substitute Form 5471 and Form 5472
8.4.1 Form 5471
and Form 5472
This section covers instructions for producing substitutes for:
•
Form 5471, Information Return of U.S. Persons with Respect to Certain Foreign Corporations,
and accompanying Schedules J, M, N, and O.
•
Form 5472, Information Return of a 25% Foreign-Owned U.S. Corporation or a Foreign
Corporation Engaged in a U.S. Trade or Business (Under Sections 6038A and 6038C of the
Internal Revenue Code).
8.4.2 Paper and
Computer-Generated
Substitutes
Paper and computer-generated substitutes for Form 5471 and the accompanying Schedules J, M, N,
and O, and Form 5472 that totally conform to the specifications contained in this procedure may be
privately printed, but must have prior approval and are subject to annual review from the Internal
Revenue Service.
8.4.3 Official Forms
Can Be Obtained
From Most
Service Offices
Copies of the official forms for the reporting year may be obtained from most Service offices. The
Service provides only cut sheets of these forms. Continuous fan-folded/pin-fed forms are not provided.
8.4.4 Quality
Substitute Forms
The Service will accept quality substitute tax forms that are consistent with the official forms they represent AND that do not have an adverse impact on our processing. Therefore, only those substitute
forms that conform to, and do not deviate from, the corresponding official forms are acceptable.
8.4.5 ComputerPrepared Tax
Forms
If the substitute returns and schedules meet the guidelines prescribed herein, the Service will (for filing purposes) accept computer-prepared Forms 5471 and 5472 filled in by a computer, word processing equipment or similar automated equipment or a combination of computer-prepared/generated and filled
in information. They may be filed separately or attached to individual or business income tax returns.
8.4.6 Format
Arrangement
The specifications for Form 5471 and 5472 are as follows:
•
•
•
2000–12 I.R.B.
The substitute must follow the design of the official form as to format, arrangement, item caption, line numbers, line references, and sequence. It must be an exact textual and graphic MIRROR image of the official form for it to be acceptable.
The filer must use one of the official ten character amount formats. All entries in the amount
column should have a decimal point following the whole dollar amounts whether or not the vertical line that separates the dollars from the cents is present. It must follow a consistent format.
The reference code must be printed to the left of the corresponding captioned line and also
immediately preceding the data entry field EVEN if there is no reference code preceding the data
entry field on the official form. The reference code that is immediately before the data field must
either be followed by a period or enclosed in parentheses. There also must be at least two blank
spaces between the period or the right parenthesis and the first digit of the data field.
813
March 20, 2000
•
•
•
•
•
•
•
•
•
•
8.4.7 Filing
Instructions
The size of the page must be the same as the official form (8 1/2” x 11”).
The acceptable type is “Helvetica”.
The spacing of the type must be 6 lines/inch vertical, 10 or 12 print characters per inch horizontally.
A 1/2 to 1/4” margin must be maintained across the top, bottom, and both sides (exclusive of any
pin-fed holes).
The substitute form must be of the same number of pages as the official one.
The preprinted brackets in the money fields should be retained.
The filer must COMPLETELY fill in all the specified numbers or referenced lines as they appear
on the official form (not just totals) BEFORE attaching any supporting statement.
Supporting statements are NEVER to be used until the required official form they support are
first totally filled in (completed). A blank or incomplete form that refers to a supporting statement, in lieu of completing a tax return, is unacceptable.
Descriptions for captions, lines, etc., appearing in the substitute forms may be limited to one
print line by using abbreviations and contractions, and by omitting articles, prepostitons, etc.
However, sufficient key words must be retained to permit ready identification of the caption,
line, or item.
Text prescribed for the official form, which is solely instructional in nature, e.g., “Attach this
schedule to Form 1040”, “See instruction”, etc., may be omitted from the form.
Instructions for filing substitute forms are the same as for filing official forms.
Chapter 9
Alternative Methods of Filing
Section 9.1 - Forms for Electronically Filed Returns
9.1.1 Electronic
Filing Program
Electronic filing is a method by which qualified filers transmit tax return information directly to an
IRS Service Center over telephone lines in the format of the official Internal Revenue Service forms.
The Service accepts both refund and balance due indiviual tax returns that are filed electronically.
9.1.2 Applying
for the Electronic
Filing Program
Anyone wishing to participate in the IRS e-File program for individual income tax returns must submit a Form 8633, Application To Participate in the IRS e- file Program. (Note: For business returns,
prospective participants must submit a Form 9041, Application For Electronic/Magnetic Media Filing
of Business and Employee Benefit Plan Returns.)
9.1.3 Mailing
Intructions
If an application filed is...
Form 8633 for Individual
Income Taxes (regular mail)
Internal Revenue Service
Andover Service Center
Attn: EFU Acceptance - Stop 983
P.O. Box 4099
Woburn, MA 01888-4099
Internal Revenue Service
Andover Service Center
Attn: EFU Acceptance -Stop 983
310 Lowell Street
Andover, MA 05501
Internal Revenue Service
Andover Service Center
Attn: EFU Acceptance - Stop 983
P.O. Box 4050
Woburn, MA 01888-4050
Internal Revenue Service
Philadelphia Service Center
Attn: DP 115
11601 Roosevelt Blvd.
Philadelphia, PA 19154
Form 8633 for Individual
Income Taxes (overnight mail)
Form 9041 for Forms 1065
Form 9041 for Forms 1041
March 20, 2000
Then mail it to:
814
2000–12 I.R.B.
Form 9041 for Forms 5500 and 5500-EZ
Internal Revenue Service
Attn: EFU (EPMF), Stop 261
P.O. Box 30309, A.M.F.
Memphis, TN 38310
9.1.4 Obtaining
the Taxpayer
Signature
The taxpayer signature does not appear on the electronically transmitted tax return and is obtained by
the qualified electronic filer on Form 8453, U. S. Individual Income Tax Declaration for an IRS e-file
Return, for Forms 1040, 1040A, and 1040EZ. Form 8453, which serves as a transmittal for the associated non electronic (paper) documents, such as Forms W-2, W-2G, and 1099-R, is a one-page form
and can only be approved through the Substitute Forms Program in that format. Forms 8453-OL and
8453-NR serve the same purpose for taxpayers filing through online services and Form 1040-NR filers, respectively. For specific information about electronic filing, refer to Publication 1345, Handbook
for Electronic Filers of Individual Income Tax Returns. (Note: For business returns, the electronic/magnetic media participants must use the official Form 8453-E, F or P, or an approved substitute
that duplicates the official form in language, format, content, color, and size.)
9.1.5 Guidelines
for Preparing
Substitute Forms
in the Electronic
Filing Program
A participant in the electronic filing program who wants to develop a substitute form should follow
the guidelines for preparing substitute forms throughout this publication, and send a sample of the
form for approval to the Substitute Forms Coordinator at the address in Chapter 2. Forms 8453 prepared using a font where all IRS-approved wording will not fit on a single page will not be accepted
as a substitute form. This applies primarily to dot-matrix printers, although forms prepared similarly
on laser and inkjet printers will also be rejected. PLEASE NOTE: Use of unapproved forms could
result in suspension of the participant from the electronic filing program.
Section 9.2 - FTD Magnetic Tape Payments
9.2.1 Instructions
for Reporting
Agents
Publication 1315 provides the requirements and instructions for reporting agents who sumit Federal
Tax Deposits (FTD) payment information on magnetic tape. Magnetic tape submissions for FTD can
be made for Forms 940, 941, 942, 943, 720, CT-1, 990-PF, 990-T, 990-C, 1042, and 1120,
9.2.2 Instructions
for Banks
and Fiduciaries
Revenue Procedure 89–49 (Pub. 1374) provides the requirements and instructions for certain banks
and fiduciaries to submit quarterly Form 1041-ES payments on magnetic tape through the Federal Tax
Deposit (FTD) system.
Section 9.3 - Effect on Other Documents
9.3.1 Effect on
Other Documents
2000–12 I.R.B.
This revenue procedure supersedes Revenue Procedure 98–65, I.R.B. 1998–52.
815
March 20, 2000
March 20, 2000
816
2000–12 I.R.B.
2000–12 I.R.B.
817
March 20, 2000
March 20, 2000
818
2000–12 I.R.B.
2000–12 I.R.B.
819
March 20, 2000
March 20, 2000
820
2000–12 I.R.B.
2000–12 I.R.B.
821
March 20, 2000
March 20, 2000
822
2000–12 I.R.B.
2000–12 I.R.B.
823
March 20, 2000
March 20, 2000
824
2000–12 I.R.B.
2000–12 I.R.B.
825
March 20, 2000
Listed Transactions
Notice 2000–15
Transactions that are the same as or
substantially similar to transactions described in the list below have been determined by the Internal Revenue Service to
be tax avoidance transactions and are
identified as “listed transactions” for purposes of § 1.6011–4T(b)(2) of the Temporary Income Tax Regulations and §
301.6111–2T(b)(2) of the Temporary Procedure and Administration Regulations.
As a result, corporate taxpayers may need
to disclose their participation in these
listed transactions as prescribed in §
1.6011–4T, and promoters (or other persons responsible for registering tax shelter
transactions) may need to register such
transactions under § 301.6111–2T. In addition, promoters must maintain lists of
investors with respect to these listed
transactions pursuant to § 301.6112–1T.
(1) Rev. Rul. 90–105, 1990–2 C.B. 69
(transactions in which taxpayers claim deductions for contributions to a qualified
cash or deferred arrangement or matching
contributions to a defined contribution
plan where the contributions are attributable to compensation earned by plan participants after the end of the taxable year);
(2) Notice 95–34, 1995–1 C.B. 309
(certain trust arrangements purported to
qualify as multiple employer welfare benefit funds exempt from the limits of §§
419 and 419A of the Internal Revenue
Code);
(3) Notice 95–53, 1995–2 C.B 334
(certain multiple-party transactions intended to allow one party to realize rental
or other income from property or service
contracts and to allow another party to report deductions related to that income
(often referred to as “lease strips”));
(4) Transactions described in Part II of
Notice 98–5, 1998–1 C.B. 334 (transactions in which the reasonably expected
economic profit is insubstantial in comparison to the value of the expected foreign tax credits);
(5) Transactions substantially similar to
those at issue in ASA Investerings Partnership v. Commissioner, No. 98–1583
(D.C. Cir. Feb. 1, 2000) and ACM Partnership v. Commissioner, 157 F.3d 231
(3d Cir. 1998) (transactions involving
contingent installment sales of securities
by partnerships in order to accelerate and
March 20, 2000
allocate income to a tax-indifferent partner, such as a tax-exempt entity or foreign
person, and to allocate later losses to another partner);
(6) Prop. Treas. Reg. § 1.643(a)–8
(transactions involving distributions described in
§ 1.643(a)–8 from charitable remainder
trusts);
(7) Rev. Rul. 99–14, 1999–13 I.R.B. 3
(transactions in which a taxpayer purports
to lease property and then purports to immediately sublease it back to the lessor
(that is, lease-in/lease out or LILO transactions));
(8) Notice 99–59, 1999–52 I.R.B. 761
(transactions involving the distribution of
encumbered property in which taxpayers
claim tax losses for capital outlays that
they have in fact recovered);
(9) Treas. Reg. § 1.7701(l)–3 (transactions involving fast-pay arrangements as
defined in § 1.7701(l)–3(b)); and
(10) Rev. Rul. 2000–12, 2000–11 I.R.B.
744, dated March 13, 2000 (certain transactions involving the acquisition of two debt
instruments the values of which are expected to change significantly at about the
same time in opposite directions).
This notice is effective February 28,
2000, the date this notice was released to
the public.
The principal author of this notice is
Richard Castanon of the Office of Assistant Chief Counsel (Passthroughs and
Special Industries). For further information regarding this notice contact Richard
Castanon on (202) 622-3080 (not a tollfree call).
Differential Earnings Rate for
Mutual Life Insurance
Companies
Notice 2000–16
This notice publishes a tentative determination under § 809 of the Internal Revenue Code of the “differential earnings
rate” for 1999 and the rate that is used to
calculate the “recomputed differential
earnings amount” for 1998. (The latter
rate is referred to in this notice as the “recomputed differential earnings rate” for
1998.) These rates are used by mutual
life insurance companies to calculate their
federal income tax liability for taxable
years beginning in 1999.
826
BACKGROUND
Section 809(a) provides that, in the
case of any mutual life insurance company, the amount of the deduction allowable under § 808 for policyholder dividends is reduced (but not below zero) by
the “differential earnings amount.” Any
excess of the differential earnings amount
over the amount of the deduction allowable under § 808 is taken into account as a
reduction in the closing balance of reserves under subsections (a) and (b) of §
807. The “differential earnings amount”
for any taxable year is the amount equal
to the product of (a) the life insurance
company’s average equity base for the
taxable year multiplied by (b) the “differential earnings rate” for that taxable year.
The “differential earnings rate” for the
taxable year is the excess of (a) the “imputed earnings rate” for the taxable year
over (b) the “average mutual earnings
rate” for the second calendar year preceding the calendar year in which the taxable
year begins. The “imputed earnings rate”
for any taxable year is the amount that
bears the same ratio to 16.5 percent as the
“current stock earnings rate” for the taxable year bears to the “base period stock
earnings rate.”
Section 809(f) provides that, in the case
of any mutual life insurance company, if
the “recomputed differential earnings
amount” for any taxable year exceeds the
differential earnings amount for that taxable year, the excess is included in life insurance gross income for the succeeding
taxable year. If the differential earnings
amount for any taxable year exceeds the
recomputed differential earnings amount
for that taxable year, the excess is allowed
as a life insurance deduction for the succeeding taxable year. The “recomputed
differential earnings amount” for any taxable year is an amount calculated in the
same manner as the differential earnings
amount for that taxable year, except that
the average mutual earnings rate for the
calendar year in which the taxable year
begins is substituted for the average mutual earnings rate for the second calendar
year preceding the calendar year in which
the taxable year begins.
The stock earnings rates and mutual
earnings rates taken into account under §
809 generally are determined by dividing
statement gain from operations by the average equity base. For this purpose, the
2000–12 I.R.B.
term “statement gain from operations”
means “the net gain or loss from operations required to be set forth in the annual
statement, determined without regard to
Federal income taxes, and ... properly adjusted for realized capital gains and
losses....” See § 809(g)(1). The term “equity base” is defined as an amount determined in the manner prescribed by regulations equal to surplus and capital
increased by the amount of nonadmitted
financial assets, the excess of statutory reserves over the amount of tax reserves,
the sum of certain other reserves, and 50
percent of any policyholder dividends (or
other similar liability) payable in the following taxable year. See § 809(b)(2), (3),
(4), (5) and (6). Section 1.809–10 of the
Income Tax Regulations provides that the
equity base includes both the asset valuation reserve and the interest maintenance
reserve for taxable years ending after December 31, 1991.
Section 1.809–9(a) of the regulations
provides that neither the differential earnings rate under § 809(c) nor the recomputed differential earnings rate that is
used in computing the recomputed differential earnings amount under § 809(f)(3)
may be less than zero.
Rev. Rul. 99–3, 1999–3 I.R.B. 4, provides that a life insurance subsidiary of a
mutual holding company is not a mutual
life insurance company for which the deduction for policyholder dividends is reduced pursuant to §§ 808(c)(2) and 809.
As described above, the differential
earnings rate for 1999 and the recomputed
differential earnings rate for 1998 affect
the income and deductions reported by
mutual life insurance companies on their
federal income tax returns for the 1999
taxable year.
Data necessary to determine the tentative
differential earnings rate for 1999 and the
tentative recomputed differential earnings
rate for 1998 have been compiled from returns filed by mutual life insurance companies and certain stock life insurance companies. The Internal Revenue Service is
currently examining these returns. This examination will not be completed before the
March 15, 2000, due date for filing 1999
calendar year returns.
for 1999 and of the recomputed differential earnings rate for 1998. This notice
also publishes a tentative determination of
the rates on which the calculation of the
differential earnings rate for 1999 and the
recomputed differential earnings rate for
1998 are based. The final determination
of these rates is expected to be published
before September 1, 2000.
The tentative determination of the differential earnings rate for 1999 and the
tentative determination of the recomputed
differential earnings rate for 1998 that are
published in this notice should be used by
mutual life insurance companies to calculate the amount of tax liability for taxable
years beginning in 1999 (in the case of
companies that file returns before publication of the final determination of these
rates) or to calculate the amount of estimated unpaid tax liability for taxable
years beginning in 1999 (in the case of
companies that are allowed an extension
of time to file returns). Companies that
file returns before publication of the final
determination of these rates should file
amended returns after the final determination of these rates is published. If there is
a failure to pay tax for a taxable year beginning in 1999 and the failure is attributable to a difference between (a) the tentative determination of the differential
earnings rate for 1999 and recomputed
differential earnings rate for 1998 and (b)
the final determination of these rates, then
any such failure through September 15,
2000, will be treated as due to reasonable
cause and will not give rise to any addition to tax under § 6651.
The tentative determination of the rates
is set forth in Table 1.
DRAFTING INFORMATION
The principal author of this notice is
Katherine A. Hossofsky of the Office of
the Assistant Chief Counsel (Financial Institutions and Products). For further information regardingthis notice, contact
Ms.
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