Bulletin No. 2024–17

HIGHLIGHTS

OF THIS ISSUE





Bulletin No. 2024–17

April 22, 2024

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.

ADMINISTRATIVE

INCOME TAX

REG-123376-22, page 952.

Announcement 2024-19, page 950.

This document contains proposed amendments to the regulations relating to the disclosure of specified return information to the Bureau of the Census (Bureau). The proposed

amendments would ensure the efficient and appropriate

transfer of return information to the Bureau and would permit

the disclosure of additional return information pursuant to a

request from the Secretary of Commerce.

Finding Lists begin on page ii.

This announcement addresses the Federal income tax

treatment of amounts paid for the purchase of energy efficient property and improvements as part of the Department of Energy’s “Home Energy Rebate Programs” under

§§ 50121 and 50122 of the Inflation Reduction Act. The

announcement also provides coordination rules for taxpayers who receive such amounts and wish to claim a Federal

tax credit under § 25C of the Internal Revenue Code.

The IRS Mission

Provide America’s taxpayers top-quality service by helping

them understand and meet their tax responsibilities and

enforce the 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.

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 procedures 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 Other Related Items, 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 last 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 last Bulletin of each semiannual period.

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.

April 22, 2024 

Bulletin No. 2024–17

Part IV

Federal Tax Treatment

of Amounts Paid toward

the Purchase of Energy

Efficient Property and

Improvements under

Department of Energy

Home Energy Rebate

Programs Pursuant to

Sections 50121 and 50122

of the Inflation Reduction

Act of 2022

Announcement 2024-19

This announcement addresses the Federal income tax treatment under the Internal Revenue Code (Code)1 of amounts

paid toward the purchase of energy efficient property and improvements under

Department of Energy Home Energy

Rebate Programs pursuant to §§ 50121

and 50122 of Public Law 117-169, 136

Stat. 1818 (August 16, 2022), commonly

known as the Inflation Reduction Act of

2022 (IRA). Such amounts are referred to

as “rebates” in this announcement.

BACKGROUND

Sections 50121 and 50122 of the IRA

appropriate funds to and authorize the U.S.

Department of Energy (DOE) to carry

out two DOE-administered programs

for whole-house energy saving retrofits

and high-efficiency home electrification

projects (DOE Home Energy Rebate Programs). First, § 50121 of the IRA directs

DOE to distribute funds to State energy

offices, as defined in § 124(a) of the

Energy Policy Act of 2005, Public Law

109-58, 119 Stat. 594 (August 8, 2005),

to establish rebate programs for owners of

residential property for whole-house energy-saving retrofits. Second, § 50122 of

the IRA directs DOE to distribute funds to

State energy offices and Indian Tribes, as

defined in § 4 of the Indian Self-Determination and Education Assistance Act, Public Law 93-638, 88 Stat. 2203 (January 4,

1975), to establish rebate programs for

owners and occupants of residential property for qualified electrification projects.

Section 1.5 of the DOE Home Energy

Rebates Program Requirements & Application Instructions2 issued on July 27,

2023, and updated on October 13, 2023

(DOE program guidance), states that the

“overarching goal of the Home Energy

Rebates Programs is to accelerate the transition to more affordable, efficient, resilient, and low carbon homes through the

following long-term outcomes”:

(1) “Well-established exemplary and

innovative efficiency and electrification

programs”,

(2) “Lower energy burden for low-income households and disadvantaged communities”,

(3) “Proven value streams and roles for

sustained investments to continue market

transformation”, and

(4) “Reduced pollution from buildings

and support for the clean energy economy.”

Section 1.5 of the DOE program guidance further states that “States are encouraged to develop their own additional

goals, outcomes, and objectives for their

programs based on each State’s priorities,

climate zone, utility costs, etc.”3 Pursuant

to the DOE program guidance, States, the

District of Columbia, and U.S. Territories

are submitting applications to DOE for an

allocation of funding to participate in one

or both of the DOE Home Energy Rebate

Programs. Indian Tribes will be submitting applications to DOE for an allocation

of funding pursuant to only § 50122 of the

IRA. Participating States, the District of

Columbia, any political subdivisions or

agencies or instrumentalities of any one

or more of the foregoing (State Organiza-

tions), Indian Tribes, and U.S. Territories

will implement programs (Programs) to

provide rebates for the ultimate benefit of

property owners and occupants at the time

of sale or shortly thereafter to reduce the

out-of-pocket cost for goods and services

constituting a whole-home energy saving

retrofit or qualified electrification project

of the residential property owner or end

consumer of the goods or services provided (purchaser).

TREATMENT OF DOE HOME

ENERGY REBATES TO PURCHASERS

Rebates Excluded from Purchasers’

Gross Income

A rebate paid to or on behalf of a

purchaser pursuant to either of the DOE

Home Energy Rebate Programs will be

treated as a purchase price adjustment

for the purchaser for Federal income tax

purposes. Any such rebate is, therefore,

not includible in the purchaser’s gross

income under § 61. See Rev. Rul. 91-36,

1991-2 C.B. 17 (utility rate reductions and

credits related to customers’ purchase of

subsidized products and equipment held

to constitute adjustments to the purchase

price of electricity that are therefore

not includable in the consumers’ gross

income); Rev. Rul. 76-96, 1976-1 C.B. 23

(cash payments from a manufacturer to

qualified retail customers following their

purchase of automobiles from a car dealership held to constitute adjustments to

the purchase price of the automobiles that

are therefore not includable in the customers’ gross income). Similar to Rev. Rul.

91-36 and Rev. Rul. 76-96, subsidies pursuant to the IRA home energy efficiency

programs induce transactions by reducing

the price that purchasing taxpayers must

pay to purchase goods, including costs of

installation as needed. These situations are

comparable to the third-party inducements

in Freedom Newspapers, Inc. v. Commis-

Unless otherwise specified, all “section” or “§” references are to sections of the Code.

U.S. Department of Energy, Office of State and Community Energy Programs, Inflation Reduction Act Home Energy Rebates, Home Efficiency Rebates Program (Sec. 50121), Home Electrification and Appliance Rebates Program (Sec. 50122), Program Requirements & Application Instructions, Version 1.1, available at Home Energy Rebates Programs Guidance | Department

of Energy (https://www.energy.gov/scep/home-energy-rebates-programs-guidance).

3

Section 1.0 of the DOE program guidance provides that references to “States” means “States and U.S. territories” unless otherwise indicated in the DOE program guidance.

1

2

April 22, 2024

950

Bulletin No. 2024–17

sioner, T.C. Memo 1977-429 (broker payment to newspaper buyer), and Brown v.

Commissioner, 10 B.T.A. 1036 (1928) ,

acq. VII-2 C.B. 5 (1928) (majority shareholder payment to minority investor), and

distinguishable from those in which the

funds have no proximate relationship to

assets with basis.

Required Adjustments to Purchasers’

Basis in Property

To the extent a rebate is provided at the

time of sale, the amount of the rebate provided in connection with the DOE Home

Energy Rebate Programs is not included

in a purchaser’s cost basis under § 1012.

For example, if a $500 rebate is provided

at the time of sale of eligible property with

a sales price (before the rebate) of $600,

then the purchaser’s cost basis in the property is only $100 (not $600).

To the extent a rebate is provided at

a later time, the amount of the rebate

constitutes an adjustment to basis under

§ 1016. See section 1016(a)(1) (proper

adjustment in respect of property shall

in all cases be made for expenditures,

receipts, losses, or other items, properly

chargeable to capital account). For example, if a purchaser spends $600 to purchase eligible property in 2023 but later

receives a $500 rebate, then the purchaser’s cost basis in the property is reduced

from $600 to $100 when the rebate is

provided to the purchaser.

No Information Reporting Required for

Rebates Paid to Purchasers

Payments of rebate amounts to the purchaser that are treated as a purchase price

adjustment are not subject to information

reporting under § 6041, which generally

requires payors of amounts of $600 or

more paid to a person to file information

returns with the IRS and furnish statements to the person paid. Accordingly, the

payor of the rebate is not required to file

an information return with the IRS or fur-

nish a statement to the purchaser to report

the payments of rebate amounts to the purchaser.

TREATMENT OF DOE HOME

ENERGY REBATES TO CERTAIN

BUSINESS TAXPAYERS

Payments of rebate amounts made

directly to a business taxpayer, such as

a contractor as defined in the DOE program guidance, pursuant to either of the

DOE Home Energy Rebate Programs in

connection with the business taxpayer’s

sale of goods or provision of services to

a purchaser are not excluded from such

business taxpayer’s gross income under

§ 61. Accordingly, payments of rebate

amounts that are includable in a business

taxpayer’s gross income must be taken

into account in computing such business

taxpayer’s taxable income under § 63 and

other applicable rules under the Code.

Payments of rebate amounts made

directly to a business taxpayer of $600 or

more that are includable in the business

taxpayer’s gross income and are not solely

attributable to gross receipts from the sale

of goods may be subject to information

reporting under § 6041 by the State Organization or Indian Tribe making the rebate

payment unless the business taxpayer to

whom the rebate payment is made is a

taxable corporation or if another exception applies. This reporting requirement

applies to State Organizations, Indian

Tribes, and third party administrators that

facilitate payments to business taxpayers

on behalf of any such State Organization

or Indian Tribe.4 If information reporting

is required under § 6041, information

returns for payments made by any State

Organization subject to the reporting

requirement must be made by the officer

or employee having control of such payments or by the officer or employee appropriately designated to make such returns

to the IRS, and furnished to the business

taxpayer, on Forms 1099 and W-2, as

applicable.5

COORDINATION OF REBATES

PURSUANT TO DOE HOME ENERGY

REBATE PROGRAMS WITH § 25C

CREDIT

As a result of the IRA’s amendment of §

25C, taxpayers have access to an expanded

Federal income tax credit for energy efficiency improvements, including certain

onsite installation costs. Starting in 2023,

taxpayers can receive a Federal tax credit

under § 25C of up to 30 percent of certain

qualified expenditures for making energy

efficiency improvements to their home (§

25C credit). The § 25C credit is generally

limited to an annual cap of $1,200, with an

additional $2,000 annual cap for improvements that include electric or natural gas

heat pumps, electric or natural gas heat

pump water heaters, or biomass stoves and

boilers. Taxpayers who receive rebates

under the DOE Home Energy Rebate Programs who are also eligible for the § 25C

credit must reduce the amount of qualified

expenditures used to calculate the § 25C

credit by the amount of the rebate from the

DOE Home Energy Rebate Program. For

example, if a taxpayer purchases an eligible product for $400 and receives a $100

rebate for this purchase through a DOE

Home Energy Rebate Program, the taxpayer may claim a 30 percent credit with

respect to the remaining $300 of qualifying expenditures, resulting in a §25C

credit equal to $90 (not $120). A taxpayer

must not include the amount of any rebate

received or provided at a later time in calculating their § 25C credit.6

In addition, if a taxpayer purchases

item(s) eligible for both rebates under

§ 50121 of the IRA and the § 25C credit,

the taxpayer may make a pro rata allocation of amounts received as rebates to individually itemized expenditures as a share

of total project cost in determining the

amounts paid or incurred for such items

under § 25C. For example, if a $2,000

rebate for a whole-house energy-saving

retrofit is proportionately allocated 60 percent to $3,000 in qualifying expenditures

4

This announcement does not address whether payments of rebate amounts made directly to a business taxpayer in a U.S. Territory by a U.S. Territory or agency thereof are includable in

gross income or subject to information reporting. Any questions on payments of rebate amounts made directly to a business taxpayer in a U.S. Territory by a U.S. Territory or agency thereof

should be directed to the local territorial tax department.

5

See §§ 1.6041-1(b)(1), 1.6041-1(i), and 1.6041-3(p).

6

Taxpayers who qualify for a rebate under the Section 50121 measured savings pathway for which the value of the rebate is still uncertain when they would otherwise file their federal income

tax return for the year of purchase may wish to file for an extension.

Bulletin No. 2024–17

951

April 22, 2024

for a heat pump ($1,200 of the $2,000

rebate) and 40 percent to $2,000 in qualifying expenditures for insulation ($800 of

the $2,000 rebate), the taxpayer may treat

the amount paid or incurred for the heat

pump and the insulation as $1,800 ($3,000

less the $1,200 allocated portion of the

rebate) and $1,200 ($2,000 less the $800

allocated portion of the rebate), respectively, for purposes of the § 25C credit.

closure of additional return information

pursuant to a request from the Secretary

of Commerce. These proposed regulations

would require no action by taxpayers and

would have no effect on their tax liabilities.

DRAFTING INFORMATION

ADDRESSES: Commenters are strongly

encouraged to submit public comments

electronically. Submit electronic submissions via the Federal eRulemaking Portal

at https://www.regulations.gov (indicate

IRS and REG-123376-22) by following

the online instructions for submitting comments. Requests for a public hearing must

be submitted as prescribed in the “Comments and Requests for a Public Hearing”

section. Once submitted to the Federal

eRulemaking Portal, comments cannot be

edited or withdrawn. The Department of

the Treasury (Treasury Department) and

the IRS will publish for public availability any comments submitted electronically

or on paper to the IRS’s public docket.

Send paper submissions to CC:PA:01:PR

(REG-123376-22), Room 5203, Internal

Revenue Service, P.O. Box 7604, Ben

Franklin Station, Washington, DC 20044.

SUPPLEMENTARY INFORMATION:

such returns or return information as the

Secretary may prescribe by regulation to

officers and employees of the Bureau for

the purpose of, but only to the extent necessary in, the structuring of censuses and

national economic accounts and conducting related statistical activities authorized

by law.

There is a long history of providing

return information to the Bureau under

section 6103(j)(1)(A), and the regulations promulgated under this section have

been amended periodically to increase the

amount of return information provided to

facilitate the statistical activities of the

Bureau. See e.g., TD 9037, 68 FR 2693,

January 21, 2003; TD 9188, 70 FR 12141,

March 11, 2005; TD 9267, 71 FR 38263,

July 6, 2006; TD 9372, 72 FR 73262,

December 27, 2007; TD 9439, 73 FR

79361, December 29, 2008; TD 9500, 75

FR 52459, August 26, 2010; TD 9631, 78

FR 52857, August 27, 2013; TD 9754, 81

FR 9767, February 26, 2016; TD 9856, 84

FR 14011, April 9, 2019.

The existing regulations under section

6103(j)(1)(A) are set forth in 26 CFR

301.6103(j)(1)-1 (existing §301.6103(j)

(1)-1). They authorize the Bureau to

receive return information that supports

many different Bureau projects and programs, including the Economic Census,

the Longitudinal Employer-Household

Dynamics program, and the Small Area

Income and Poverty Estimates program,

among others.

Pursuant to section 6103(p)(4), the

IRS sets stringent privacy and security

requirements for agencies receiving return

information, including the Bureau. These

requirements are currently detailed in IRS

Publication 1075, Tax Information Security Guidelines For Federal, State and

Local Agencies. See also, §301.6103(p)

(4)-1.

ACTION: Notice of proposed rulemaking.

Background

Explanation of Provisions

SUMMARY: This document contains

proposed amendments to the regulations

relating to the disclosure of specified

return information to the Bureau of the

Census (Bureau). The proposed amendments would ensure the efficient and

appropriate transfer of return information

to the Bureau and would permit the dis-

This document contains proposed

amendments to the Procedure and Administration Regulations, 26 CFR part 301,

relating to section 6103(j)(1)(A) of the

Internal Revenue Code (Code). Section

6103(j)(1)(A) of the Code authorizes the

Secretary of the Treasury or her delegate (Secretary) to furnish, upon written

request by the Secretary of Commerce,

By letter dated February 29, 2024, the

Secretary of Commerce requested amendments to existing §301.6103(j)(1)-1 to

allow disclosure of additional items of

return information to the Bureau to enable

the Bureau to perform mission critical statistical functions. The Secretary of Commerce further stated that the additional

items would allow the Bureau to conduct

The principal author of this announcement is the Office of the Associate Chief

Counsel (Income Tax and Accounting).

For further information regarding this

announcement, contact the Office of the

Associate Chief Counsel (Income Tax and

Accounting) at (202) 317-7009 (not a tollfree number).

Notice of Proposed

Rulemaking

Disclosures of Return

Information Reflected

on Returns to Officers

and Employees of the

Department of Commerce,

including the Bureau of

the Census, for Certain

Statistical Purposes and

Related Activities

REG-123376-22

AGENCY: Internal Revenue Service

(IRS), Treasury.

April 22, 2024

DATES: Electronic or written comments

and request for a public hearing must be

received by April 29, 2024.

FOR FURTHER INFORMATION

CONTACT: Concerning the proposed

regulations, Elizabeth Erickson of the

Office of the Associate Chief Counsel

(Procedure and Administration), at (202)

317-6834; concerning submissions of

comments and requests for a public hearing, Vivian Hayes, at (202) 317-6901 (not

toll-free numbers) or by sending an email

to publichearings@irs.gov (preferred).

952

Bulletin No. 2024–17

its economic, demographic, decennial, and

research statistics programs, censuses, and

related program evaluations. The amendments to the existing regulations would

permit the Bureau to publish statistical

information, enhance the use of administrative records, improve the quality of

program estimates, and support the reduction of burden. The Secretary of Commerce’s letter lists the additional items of

return information requested based on the

Bureau’s specific need for each item of

information.

The Secretary of Commerce asserted

that good cause exists to amend existing

§301.6103(j)(1)-1 to add the requested

items to the list of items of return information that may be disclosed to the Bureau.

The Treasury Department and the IRS

agree that amending existing §301.6103(j)

(1)-1 to permit disclosure of these items

to the Bureau is appropriate to meet the

needs of the Bureau.

Accordingly, the proposed regulations

would amend the existing regulations to

authorize disclosure of additional return

information and reorganize the list of

items that may be disclosed to the Bureau

to allow the IRS more administrative

flexibility when providing the authorized

return information.

The proposed regulations would also

permit the disclosure of return information if an item of return information

currently listed in the regulations is subsequently reported in a substantially

similar format or on a substantially similar document. Complications can occur

when a data element in the regulations is

described as located on a particular document and that document is later updated or

superseded. For example, the regulations

under section 6103(j) allow the Bureau to

have access to data pertaining to pensions

and annuities for individual taxpayers, but

not individual retirement arrangements

(IRAs). See existing §301.6103(j)(1)-1(b)

(1)(ix)(F). In 2018, the Form 1040, U.S.

Individual Tax Return, combined the pension and annuity income line item with the

IRA income line item. Because the IRS

was only authorized to provide the Bureau

with data pertaining to pensions and annuities, and not IRAs, the IRS could not

provide the Bureau with the return information from the combined pension-annuities-IRA line item to the Bureau. Thus,

Bulletin No. 2024–17

for 2018, the Bureau was unable to receive

return information pertaining to annuities

and pensions. These proposed regulations

would seek to address this type of discrepancy and other similar situations. The IRS

seeks comments on how to address these

types of situations to balance the need to

properly disclose return information with

the need to ensure only return information

authorized by the regulations is transmitted to the Bureau.

The proposed regulations would

further include amendments to existing

§301.6103(j)(1)-1(d)

(proposed

§301.6103(j)(1)-1(d)) to require that

all projects that use return information

disclosed under these regulations be

approved by the IRS Director of Statistics of Income, the Director’s successor,

or the Director’s delegate. This includes

both projects authorized under title 13,

U.S.C., chapter 5 and projects under title

13, U.S.C., chapter 3. These amendments

would formalize existing practice.

Finally, proposed §301.6103(j)(1)1(d) would include language related to the

IRS’s and the Bureau’s disclosure review

obligations. First, proposed §301.6103(j)

(1)-1(d) would permit the IRS to authorize the use of the Bureau’s disclosure

review processes prior to any public disclosure by the Bureau of a project using

return information disclosed pursuant to

these regulations so long as the Bureau’s

processes ensure that all releases meet

or exceed all requirements set by the

IRS for protecting the confidentiality of

returns and return information. Second,

proposed §301.6103(j)(1)-1(d) would

permit review by the IRS Statistics of

Income Disclosure Review Board of any

Bureau project that used return information disclosed under these regulations

prior to disclosure of that information to

the public. The IRS seeks comments on

each of these proposed additions. These

proposed amendments would also formalize existing practice.

Proposed Applicability Date

The

amendments

to

existing

§301.6103(j)(1)-1 are proposed to apply

to disclosures of return information under

section 6103(j)(1)(A) made on or after

[date of publication of final regulations in

the Federal Register].

953

Special Analyses

I. Regulatory Planning and Review

Pursuant to the Memorandum of

Agreement, Review of Treasury Regulations under Executive Order 12866 (June

9, 2023), tax regulatory actions issued by

the IRS are not subject to the requirements

of section 6 of Executive Order 12866, as

amended. Therefore, a regulatory impact

assessment is not required.

II. Regulatory Flexibility Act

Because these proposed regulations

would not impose a collection of information on small entities, the Regulatory

Flexibility Act (5 U.S.C. chapter 6) does

not apply. Pursuant to section 7805(f) of

the Internal Revenue Code, this notice of

proposed rulemaking has been submitted

to the Chief Counsel for Advocacy of the

Small Business Administration for comment on its impact on small business.

III. Unfunded Mandates Reform Act

Section 202 of the Unfunded Mandates

Reform Act of 1995 (UMRA) requires that

agencies assess anticipated costs and benefits and take certain other actions before

issuing a final rule that includes any Federal mandate that may result in expenditures in any one year by a State, local, or

Tribal government, in the aggregate, or by

the private sector, of $100 million in 1995

dollars, updated annually for inflation. In

2023, that threshold was approximately

$200 million. This rule does not include

any Federal mandate that may result in

expenditures by State, local, or Tribal

governments, or by the private sector in

excess of that threshold.

IV. Executive Order 13132: Federalism

Executive Order 13132 (Federalism)

prohibits an agency from publishing any

rule that has federalism implications if

the rule either imposes substantial direct

compliance costs on State and local governments, and is not required by statute,

or preempts State law, unless the agency

meets the consultation and funding

requirements of section 6 of the Executive order. These proposed regulations do

April 22, 2024

not have federalism implications and do

not impose substantial direct compliance

costs on State and local governments or

preempt State law within the meaning of

the Executive order.

of the Associate Chief Counsel (Procedure

and Administration). However, other personnel from the Treasury Department and

the IRS also participated in their development.

Comments and Requests for a Public

Hearing

List of Subjects in 26 CFR Part 301

Before these proposed amendments to

the regulations are adopted as final regulations, consideration will be given to

any comments that are submitted timely

to the Treasury Department and the IRS

as prescribed in this preamble under the

ADDRESSES heading. The Treasury

Department and the IRS request comments on all aspects of the proposed

regulations including, but not limited to:

(1) the scope of permitted disclosures

and taxpayer privacy concerns, if any;

(2) the addition of “substantially similar” information or document language;

(3) the approval requirements by the IRS

Director of Statistics of Income; and

(4) the use of the Bureau’s review processes and review by the IRS Statistics of

Income Disclosure Review Board prior

to public disclosure of a Bureau project

using information released under these

proposed regulations.

Any electronic and paper comments

submitted will be available at https://www.

regulations.gov or upon request.

A public hearing will be scheduled if

requested in writing by any person that

timely submits electronic or written comments. Requests for a public hearing are

also encouraged to be made electronically.

If a public hearing is scheduled, notice

of the date, time, and place for the public

hearing will be published in the Federal

Register.

Announcement 2023–16, 2023–20

I.R.B. 854 (May 15, 2023), provides that

public hearings will be conducted in person, although the IRS will continue to provide a telephonic option for individuals

who wish to attend or testify at a hearing

by telephone. Any telephonic hearing will

be made accessible to people with disabilities.

Drafting Information

The principal author of these regulations is Elizabeth Erickson of the Office

April 22, 2024

Employment taxes, Estate taxes,

Excise taxes, Gift taxes, Income taxes,

Penalties, Reporting and recordkeeping

requirements.

Proposed Amendments to the

Regulations

Accordingly, the Treasury Department

and the IRS propose to amend 26 CFR

part 301 as follows:

PART 301–PROCEDURE AND

ADMINISTRATION

Paragraph 1. The authority citation

for part 301 continues to read in part as

follows:

Authority: 26 U.S.C. 7805.

*****

Par 2. Section 301.6103(j)(1)-1 is

amended by adding a sentence to the end

of paragraph (a) and revising paragraphs

(b), (d), and (e) to read as follows:

§301.6103(j)(1)-1 Disclosures of

return information reflected on

returns to officers and employees of

the Department of Commerce for

certain statistical purposes and related

activities.

(a) * * * To the extent a particular form,

schedule, or other document filed with the

Internal Revenue Service is referenced in

this section, such information shall continue to be disclosable pursuant to this

section even if subsequently reported in a

substantially similar format or on a substantially similar document filed with the

Internal Revenue Service.

(b) Disclosure of return information reflected on returns to officers and

employees of the Bureau of the Census.

(1) Officers or employees of the Internal

Revenue Service will disclose the following return information reflected on returns

to officers and employees of the Bureau

of the Census for purposes of, but only to

954

the extent necessary in, the structuring of

censuses and national economic accounts

and conducting related statistical activities

authorized by law.

(i) With respect to returns filed by individual taxpayers:

(A) Taxpayer identity information (as

defined in section 6103(b)(6) of the Internal Revenue Code (Code)), validity code

with respect to the taxpayer identifying

number (as described in section 6109 of

the Code), and taxpayer identity information of spouse and dependents, if reported.

(B) Filing status.

(C) Number and classification of

reported exemptions.

(D) Wage and salary income.

(E) Dividend income.

(F) Interest income.

(G) Gross rent and royalty income.

(H) Total of—

(1) Wages, salaries, tips, etc.;

(2) Interest income;

(3) Dividend income;

(4) Alimony received;

(5) Business income;

(6) Pensions and annuities;

(7) Income from rents, royalties, partnerships, estates, trusts, etc.;

(8) Farm income;

(9) Unemployment compensation; and

(10) Total Social Security benefits.

(I) Adjusted gross income.

(J) Type of tax return filed.

(K) Entity code.

(L) Code indicators for Form 1040,

Form 1040 (Schedules A, C, D, E, F, and

SE), and Form 8814.

(M) Posting cycle date relative to filing.

(N) Social Security benefits.

(O) Earned income (as defined in section 32(c)(2) of the Code).

(P) Number of Earned Income Tax

Credit-eligible qualifying children.

(Q) Electronic filing system indicator.

(R) Return processing indicator.

(S) Paid preparer code.

(T) Dependent Social Security numbers.

(U) Total income.

(V) Ordinary dividends.

(W) Taxable refunds, credits, or offsets

of State and local income taxes.

(X) Business income or (loss).

(Y) Capital gain or (loss).

(Z) Other gains or (losses).

Bulletin No. 2024–17

(AA) Individual Retirement Arrangement (IRA) distributions.

(BB) Taxable amount of IRA distributions.

(CC) Pensions and annuities.

(DD) Taxable amount of pensions and

annuities.

(EE) Rental real estate, royalties, partnerships, S corporations, trusts, etc.

(FF) Farm income or (loss).

(GG) Earned income credit.

(HH) Taxable amount of Social Security benefits.

(II) Other income.

(JJ) Itemized deductions.

(KK) Taxable income.

(LL) Tax.

(MM) Credit for child and dependent

care expenses.

(NN) Education credits.

(OO) Retirement savings contributions

credit.

(PP) Child tax credit.

(QQ) Nontaxable combat pay election.

(RR) Additional Child Tax Credit.

(SS) American Opportunity Tax Credit.

(TT) Medical and dental expenses.

(UU) State and local income taxes.

(VV) State and local general sales

taxes.

(WW) State and local personal property taxes.

(XX) State and local real estate taxes.

(YY) Other taxes (amount).

(ZZ) Home mortgage interest and

points.

(AAA) Mortgage interest not on a

Form 1098.

(BBB) Points not on a Form 1098.

(CCC) Investment interest.

(DDD) Total gifts to charity, including

carryover from prior year.

(EEE) Casualty and theft losses.

(FFF) Total itemized deductions.

(GGG) Ordinary dividends.

(HHH) Qualified dividends.

(III) Tax-exempt interest.

(JJJ) Unemployment compensation.

(KKK) From Form 1098–

(1) Borrower taxpayer identification

number;

(2) Mortgage interest;

(3) Outstanding mortgage principal;

(4) Refund of overpaid interest;

(5) Mortgage insurance premiums;

(6) Points paid on purchase of principal

residence;

Bulletin No. 2024–17

(7) Payee/payer/employee taxpayer

identification number;

(8) Payee/payer/employee name (first,

middle, last, suffix);

(9) Street address;

(10) City;

(11) State;

(12) Zip code (9 digit);

(13) Posting cycle week;

(14) Posting cycle year; and

(15) Document code.

(LLL) From Form 1098-E, Student

loan interest.

(MMM) From Form 1098-T–

(1) Payments received for qualified tuition and related expenses;

(2) Scholarships or grants;

(3) Check box indicating that the amount

in box 1 or 2 includes amounts for an academic period beginning in the following year;

(4) Check box indicating that student is

at least a half-time student; and

(5) Check box indicating that student is

a graduate student.

(NNN) From Form 5498–

(1) IRA contributions (other than

amounts in certain boxes);

(2) Rollover contributions;

(3) Roth IRA conversion amount;

(4) Fair market value of account;

(5) Checkboxes: IRA, Simplified

Employee Pension (SEP), Savings Incentive Match Plan for Employees of Small

Employers (SIMPLE), Roth IRA;

(6) SEP contributions; and

(7) SIMPLE contributions.

(OOO) From Form SSA-1099/RRB1099–

(1) Net benefits;

(2) Address; and

(3) Trust fund description.

(PPP) From Form 1099-G, Unemployment compensation.

(QQQ) From Form 1099-K–

(1) Filer name;

(2) Filer address;

(3) Filer taxpayer identification number;

(4) Payee taxpayer identification number;

(5) Payee name;

(6) Payee address;

(7) Gross payments;

(8) Card not present transactions;

(9) Merchant category code;

(10) Number of payment transactions;

and

955

(11) Payments by month.

(RRR) From Form 1099-MISC, Nonemployee compensation.

(SSS) From Form 1099-NEC, Nonemployee compensation.

(TTT) From Form 1099-Q–

(1) Gross distribution; and

(2) Plan type checkboxes.

(UUU) From Form 1099-R/RRB1099-R-(1) Gross distribution;

(2) Distribution code(s); and

(3) Plan type checkboxes.

(VVV) From Form W-2–

(1) Employee’s Social Security number;

(2) Employer identification number;

(3) Employer’s name, address, and Zip

code;

(4) Employee’s name and address;

(5) Social Security tips;

(6) Medicare wages and tips;

(7) Box 12 codes and values; and

(8) Statutory employee, retirement

plan, and third-party sick pay checkboxes.

(WWW) From Form 1040, Schedule

D–

(1) Net short-term capital gain/loss;

and

(2) Net long-term capital gain/loss.

(XXX) From Form 1040, Schedule E–

(1) Total rental real estate and royalty

income or (loss); and

(2) Total estate and trust income or

(loss).

(YYY) From Form 1040, Schedule F–

(1) Gross income;

(2) Total expenses;

(3) Net farm profit (or loss); and

(4) Gross income (accrual).

(ii) With respect to taxpayers filing a

return on behalf of a trade or business-(A) The taxpayer name directory and

entity records consisting of taxpayer identity information with respect to taxpayers

engaged in a trade or business.

(B) The principal industrial activity

code.

(C) The filing requirement code.

(D) The employment code.

(E) The physical location.

(F) Monthly corrections of, and additions to, the information described in paragraphs (b)(1)(ii)(A) through (E) of this

section.

(G) From Form SS–4, all information

reflected on such form.

April 22, 2024

(H) From an employment tax return—

(1) Taxpayer identifying number of the

employer;

(2) Total compensation reported;

(3) Master file tax account code (MFT);

(4) Taxable period covered by such

return;

(5) Employer code;

(6) Document locator number;

(7) Record code;

(8) Total number of individuals

employed in the taxable period covered

by the return;

(9) Total taxable wages paid for purposes of chapter 21 of the Code;

(10) Total taxable tip income reported

for purposes of chapter 21 of the Code;

(11) If a business has closed or stopped

paying wages;

(12) Final date a business paid wages;

and

(13) If a business is a seasonal employer

and does not have to file a return for every

quarter of the year.

(I) From Form 1040, Schedule C—

(1) Purchases less cost of items withdrawn for personal use;

(2) Materials and supplies;

(3) Gross income;

(4) Total expenses; and

(5) Net profit or loss.

(J) From Form 1040 (Schedule SE)—

(1) Taxpayer identifying number of

self-employed individual;

(2) Business activities subject to the tax

imposed by chapter 21 of the Code;

(3) Net earnings from farming;

(4) Net earnings from nonfarming

activities;

(5) Total net earnings from self-employment;

(6) Taxable self-employment income

for purposes of chapter 2 of the Code;

(7) Net profit and loss; and

(8) Church employee income.

(K) Total Social Security taxable earnings.

(L) Quarters of Social Security coverage.

(M) From Form 940–

(1) State of state unemployment tax;

and

(2) Total payments to all employees.

(N) From Form 941–

(1) Number of employees who received

wages, tips, or other compensation for the

pay period including: March 12 (Quarter

April 22, 2024

1), June 12 (Quarter 2), September 12

(Quarter 3), or December 12 (Quarter 4);

and

(2) Wages, tips, and other compensation.

(O) From Form 943–

(1) Agricultural employees; and

(2) Total wages subject to Social Security tax.

(P) Taxpayer identity information

including parent corporation, shareholder,

partner, and employer identity information.

(Q) Gross income, profits, or receipts.

(R) Returns and allowances.

(S) Cost of labor, salaries, and wages.

(T) Total expenses or deductions,

including totals of the following components thereof:

(1) Repairs (and maintenance) expense;

(2) Rents (or lease) expense;

(3) Taxes and licenses expense;

(4) Interest expense, including mortgage or other interest;

(5) Depreciation expense;

(6) Depletion expense;

(7) Advertising expense;

(8) Pension and profit-sharing plans

(retirement plans) expense;

(9) Employee benefit programs

expense;

(10) Utilities expense;

(11) Supplies expense;

(12) Contract labor expense; and

(13) Management (and investment

advisory) fees.

(U) Total assets.

(V) Beginning- and end-of-year inventory.

(W) Royalty income.

(X) Interest income, including portfolio interest.

(Y) Rental income, including gross

rents.

(Z) Tax-exempt interest income.

(AA) Net gain from sales of business

property.

(BB) Other income.

(CC) Total income.

(DD) Percentage of stock owned by

each shareholder.

(EE) Percentage of capital ownership

of each partner.

(FF) Principal industrial activity code,

including the business description.

(GG) Consolidated return indicator.

(HH) Wages, tips, and other compensation.

956

(II) Social Security wages.

(JJ) Deferred wages.

(KK) Social Security tip income.

(LL) Total Social Security taxable

earnings.

(MM) Gross distributions from

employer-sponsored and individual retirement plans from Form 1099–R.

(NN) From Form 3921–

(1) Date option granted;

(2) Date option exercised;

(3) Exercise price paid per share;

(4) Fair market value per share on exercise date; and

(5) Number of shares transferred.

(OO) From Form 6765 (when filed

with corporation income tax returns)—

(1) Indicator that total qualified

research expenses is greater than zero, but

less than $1 million; greater than or equal

to $1 million, but less than $3 million; or,

greater than or equal to $3 million;

(2) Cycle posted; and

(3) Research tax credit amount to be

carried over to a business return, schedule, or form.

(PP) Total number of documents

reported on Form 1096 transmitting

Forms 1099–MISC.

(QQ) Total amount reported on Form

1096 transmitting Forms 1099–MISC.

(RR) From Form 1125–A, purchases.

(SS) From Form 1041–

(1) Interest income;

(2) Total ordinary dividends;

(3) Total income;

(4) Charitable deduction; and

(5) Taxable income.

(TT) From Form 1041, Schedule K-1–

(1) Beneficiary identifying number;

(2) Beneficiary name;

(3) Interest income;

(4) Total ordinary dividends;

(5) Net short-term capital gain;

(6) Net long-term capital gain;

(7) Other portfolio and non-business

income;

(8) Ordinary business income;

(9) Net rental and real estate income;

and

(10) Other rental income.

(UU) From Form 1120–

(1) Cost of goods sold;

(2) Compensation of officers; and

(3) Salaries and wages (less employment credits).

(VV) From Form 1120-REIT–

Bulletin No. 2024–17

(1) Compensation of officers;

(2) Salaries and wages (less employment credits);

(3) Total assets;

(4) Principal Business Activity (PBA)

code; and

(5) Type of real estate investment trust

(REIT).

(WW) From Form 1120-S–

(1) Cost of goods sold; and

(2) Salaries and wages (less employment credits).

(XX) From Form 1120-S, Schedule

K–1–

(1) Ordinary business income (loss);

(2) Net rental real estate income;

(3) Other net rental income;

(4) Interest income;

(5) Total ordinary dividends;

(6) Royalties;

(7) Net short-term capital gain;

(8) Net long-term capital gain;

(9) Other income (loss); and

(10) Current year allocation percentage.

(YY) From Form 1065–

(1) Gross receipts or sales less returns

and allowances;

(2) Cost of goods sold; and

(3) Ordinary dividends.

(ZZ) From Form 1065, Schedule

K–1—

(1) Publicly-traded partnership indicator;

(2) Partner’s share of nonrecourse,

qualified nonrecourse, and recourse liabilities;

(3) Ordinary business income;

(4) Net rental real estate income;

(5) Other net rental income;

(6) Total guaranteed payments;

(7) Interest income;

(8) Total ordinary dividends;

(9) Dividend equivalents;

(10) Royalties;

(11) Net short-term capital gain;

(12) Net long-term capital gain; and

(13) Other income.

(AAA) From Form 3800 Part II (Current Year General Business Credit from

Form 6765).

(BBB) From Form 3800, Part III,

Increasing research activities (Form

6765).

(CCC) Dividends, including ordinary

or qualified.

(iii) With respect to returns filed on

behalf of a tax-exempt organization–

Bulletin No. 2024–17

(A) Taxpayer identity information.

(B) Activity codes.

(C) Filing requirement code.

(D) Monthly corrections of, and additions to, the information described in paragraphs (b)(1)(iii)(A) through (C) of this

section.

(E) From Form 990, Salaries, other

compensation, employee benefits.

(F) From Form 990-PF–

(1) Compensation of officers, directors,

trustees, etc.; and

(2) Pension plans, employee benefits.

(G) From Form 990-EZ, Salaries, other

compensation, employee benefits.

(iv) With respect to taxpayers filing

information returns relating to health

insurance:

(A) From Form 1095-A–

(1) Marketplace information;

(2) Policy issuer’s name;

(3) Recipient’s name;

(4) Recipient’s Social Security number;

(5) Recipient’s spouse’s name;

(6) Recipient’s spouse’s Social Security number;

(7) Policy start date;

(8) Policy termination date;

(9) Covered individual Social Security

number;

(10) Coverage start date;

(11) Coverage termination date;

(12) Monthly enrollment premium;

(13) Monthly second lowest cost silver

plan premium;

(14) Monthly advance payment of premium tax credit;

(15) Annual premium;

(16) Annual second lowest cost silver

plan premium; and

(17) Annual advance payment of premium tax credit.

(B) From Form 1095-B–

(1) Name;

(2) Social Security number;

(3) Date of birth;

(4) Origin of health coverage;

(5) Employer name;

(6) Employer identification number of

issuer or other coverage provider;

(7) Employer address;

(8) Employer identification number;

(9) Name control validation;

(10) Social Security number of covered

individuals;

(11) Date of birth of covered individuals; and

957

(12) Coverage by month of covered

individuals.

(C) From Form 1095-C–

(1) Name of employee;

(2) Social Security number or other taxpayer identification number of employee;

(3) Address of employee;

(4) Name of employer;

(5) Employer identification number;

(6) Employer address;

(7) Offer of coverage code;

(8) Checkbox for employer provided

self-insured coverage;

(9) Employee required contribution, all

12 months;

(10) Name control validation;

(11) Social Security number or other

taxpayer identification number of covered

individuals; and

(12) Coverage by month of covered

individuals.

(v) With respect to taxpayers filing

information returns related to health savings accounts, from Form 5498-SA-(A) Taxpayer identification number;

(B) Total contributions;

(C) Fair market value of accounts; and

(D) Account type checkboxes.

(2) Subject to the requirements of paragraph (d) of this section and §301.6103(p)

(2)(B)–1, officers or employees of the

Social Security Administration to whom

the following return information reflected

on returns has been disclosed as provided

by section 6103(l)(1)(A) or (l)(5) may

disclose such information to officers and

employees of the Bureau of the Census

for necessary purposes described in paragraph (b)(1) of this section:

(i) From Form SS–4, all information

reflected on such form.

(ii) From Form 1040 (Schedule SE)—

(A) Taxpayer identifying number of

self-employed individual;

(B) Business activities subject to the

tax imposed by chapter 21 of the Code;

(C) Net earnings from farming;

(D) Net earnings from nonfarming

activities;

(E) Total net earnings from self-employment; and

(F) Taxable self-employment income

for purposes of chapter 2 of the Code.

(iii) From Form W-2, and related forms

and schedules—

(A) Social Security number;

(B) Employer identification number;

April 22, 2024

(C) Wages, tips, and other compensation;

(D) Social Security wages; and

(E) Deferred wages.

(iv) Total Social Security taxable earnings.

(v) Quarters of Social Security coverage.

(3)(i) Officers or employees of the

Internal Revenue Service will disclose

the following return information (but not

including return information described in

section 6103(o)(2)) reflected on returns

of corporations with respect to the tax

imposed by chapter 1 of the Code to officers and employees of the Bureau of the

Census for purposes of, but only to the

extent necessary in, developing and preparing, as authorized by law, the Quarterly

Financial Report:

(A) From the business master files of

the Internal Revenue Service—

(1) Taxpayer identity information,

including parent corporation identity

information;

(2) Document code;

(3) Consolidated return and final return

indicators;

(4) Principal industrial activity code;

(5) Partial year indicator;

(6) Annual accounting period;

(7) Gross receipts less returns and

allowances; and

(8) Total assets.

(B) From Form SS–4—

(1) Month and year in which such form

was executed;

(2) Taxpayer identity information; and

(3) Principal industrial activity, geographic, firm size, and reason for application codes.

(C) From Form 1120–REIT—

(1) Type of REIT; and

(2) Gross rents from real property.

(D) From Form 1120F, corporation’s

method of accounting.

(E) From Form 1096, total amount

reported.

(ii) Subject to the requirements of paragraph (d) of this section and §301.6103(p)

(2)(B)–1, officers or employees of the

Social Security Administration to whom

return information reflected on returns of

corporations described in paragraph (b)(3)

(i)(B) of this section has been disclosed as

provided by section 6103(l)(1)(A) or (l)

April 22, 2024

(5) may disclose such information to officers and employees of the Bureau of the

Census for a purpose described in paragraph (b)(3)(i) of this section.

(iii) Return information reflected on

employment tax returns disclosed pursuant to paragraph (b)(1)(ii)(H)(1), (2), (4),

(9), or (10) of this section may be used by

officers and employees of the Bureau of

the Census for the purpose described in

and subject to the limitations of paragraph

(b)(3)(i) of this section.

*****

(d) Procedures and restrictions. (1)

Disclosure of return information reflected

on returns by officers or employees of the

Internal Revenue Service or the Social

Security Administration as provided by

paragraphs (b) and (c) of this section will

be made only upon written request to the

Commissioner of Internal Revenue by the

Secretary of Commerce describing—

(i) The particular return information

reflected on returns to be disclosed;

(ii) The taxable period or date to which

such return information reflected on

returns relates; and

(iii) The particular purpose for which

the return information reflected on returns

is to be used, and designating by name

and title the officers and employees of the

Bureau of the Census or the Bureau of

Economic Analysis to whom such disclosure is authorized.

(2) No officer or employee of the

Bureau of the Census or the Bureau of

Economic Analysis to whom return information reflected on returns is disclosed

pursuant to the provisions of paragraph

(b) or (c) of this section may disclose such

information to any person, other than, pursuant to section 6103(e)(1), the taxpayer

to whom such return information reflected

on returns relates or other officers or

employees of such bureau whose duties

or responsibilities require such disclosure

for a purpose described in paragraph (b)

or (c) of this section, except in a form that

cannot be associated with, or otherwise

identify, directly or indirectly, a particular

taxpayer. If the Internal Revenue Service

determines that the Bureau of the Census

or the Bureau of Economic Analysis, or

any officer or employee thereof, has failed

to, or does not, satisfy the requirements of

section 6103(p)(4) of the Code or regula-

958

tions in this part or published procedures

(see §601.601(d)(2) of this chapter), the

Internal Revenue Service may take such

actions as are deemed necessary to ensure

that such requirements are or will be satisfied, including suspension of disclosures

of return information reflected on returns

otherwise authorized by section 6103(j)

(1) and paragraph (b) or (c) of this section,

until the Internal Revenue Service determines that such requirements have been or

will be satisfied.

(3) All projects using returns or return

information disclosed to the Bureau

of Census under this section must be

approved by the Internal Revenue Service

Director of Statistics of Income, the Director’s successor, or the Director’s delegate,

prior to the release of such information.

(4) In its sole discretion, the Internal

Revenue Service may authorize the use of

the Bureau of Census’s disclosure review

processes prior to any public disclosure by

the Bureau of Census of a project using

information provided pursuant to this section. Any Bureau of Census disclosure

review process authorized under this paragraph (d)(4) must ensure that all releases

meet or exceed all requirements set by the

Internal Revenue Service for protecting

the confidentiality of returns and return

information. Additionally, in its sole discretion, the Internal Revenue Service

Statistics of Income Disclosure Review

Board may review a Bureau of Census

project using information provided pursuant to this section prior to disclosure

of that project to the public to ensure that

any proposed releases meet or exceed all

requirements set by the Internal Revenue

Service for protecting the confidentiality

of returns and return information. This

review requirement may be imposed at

any stage of the project.

(e) Applicability date. This section

applies to disclosures of return information made on or after [date of publication

of final regulations in the Federal Register].

Heather C. Maloy,

Acting Deputy Commissioner for

Services and Enforcement.

(Filed by the Office of the Federal Register March

28, 2024, 11:15 a.m., and published in the issue of the

Federal Register for March 29, 2024, 89 FR 22101)

Bulletin No. 2024–17

Definition of Terms

Revenue rulings and revenue procedures

(hereinafter referred to as “rulings”) that

have an effect on previous rulings use the

following defined terms to describe the

­effect:

Amplified describes a situation where

no change is being made in a prior published position, but the prior position is

being extended to apply to a variation of

the fact situation set forth therein. Thus,

if an earlier ruling held that a principle

applied to A, and the new ruling holds that

the same principle also applies to B, the

earlier ruling is amplified. (Compare with

modified, below).

Clarified is used in those instances

where the language in a prior ruling is

being made clear because the language

has caused, or may cause, some confusion. It is not used where a position in a

prior ruling is being changed.

Distinguished describes a situation

where a ruling mentions a previously published ruling and points out an essential

difference between them.

Modified is used where the substance

of a previously published position is being

changed. Thus, if a prior ruling held that a

principle applied to A but not to B, and the

new ruling holds that it applies to both A

and B, the prior ruling is modified because

it corrects a published position. (Compare

with amplified and clarified, above).

Obsoleted describes a previously published ruling that is not considered determinative with respect to future transactions.

This term is most commonly used in a ruling

that lists previously published rulings that

are obsoleted because of changes in laws or

regulations. A ruling may also be obsoleted

because the substance has been included in

regulations subsequently adopted.

Revoked describes situations where the

position in the previously published ruling

is not correct and the correct position is

being stated in a new ruling.

Superseded describes a situation where

the new ruling does nothing more than

restate the substance and situation of a

previously published ruling (or rulings).

Thus, the term is used to republish under

the 1986 Code and regulations the same

position published under the 1939 Code

and regulations. The term is also used

when it is desired to republish in a single

ruling a series of situations, names, etc.,

that were previously published over a

period of time in separate rulings. If the

new ruling does more than restate the substance of a prior ruling, a combination of

terms is used. For example, modified and

superseded describes a situation where the

substance of a previously published ruling

is being changed in part and is continued

without change in part and it is desired to

restate the valid portion of the previously

published ruling in a new ruling that is

self contained. In this case, the previously

published ruling is first modified and then,

as modified, is superseded.

Supplemented is used in situations in

which a list, such as a list of the names of

countries, is published in a ruling and that

list is expanded by adding further names

in subsequent rulings. After the original

ruling has been supplemented several

times, a new ruling may be published that

includes the list in the original ruling and

the additions, and supersedes all prior rulings in the series.

Suspended is used in rare situations

to show that the previous published rulings will not be applied pending some

future action such as the issuance of new

or amended regulations, the outcome of

cases in litigation, or the outcome of a

Service study.

Abbreviations

The following abbreviations in current

use and formerly used will appear in

material published in the Bulletin.

A—Individual.

Acq.—Acquiescence.

B—Individual.

BE—Beneficiary.

BK—Bank.

B.T.A.—Board of Tax Appeals.

C—Individual.

C.B.—Cumulative Bulletin.

CFR—Code of Federal Regulations.

CI—City.

COOP—Cooperative.

Ct.D.—Court Decision.

CY—County.

D—Decedent.

DC—Dummy Corporation.

DE—Donee.

Del. Order—Delegation Order.

DISC—Domestic International Sales Corporation.

DR—Donor.

E—Estate.

EE—Employee.

E.O.—Executive Order.

ER—Employer.

Bulletin No. 2024–17

ERISA—Employee Retirement Income Security Act.

EX—Executor.

F—Fiduciary.

FC—Foreign Country.

FICA—Federal Insurance Contributions Act.

FISC—Foreign International Sales Company.

FPH—Foreign Personal Holding Company.

F.R.—Federal Register.

FUTA—Federal Unemployment Tax Act.

FX—Foreign corporation.

G.C.M.—Chief Counsel’s Memorandum.

GE—Grantee.

GP—General Partner.

GR—Grantor.

IC—Insurance Company.

I.R.B.—Internal Revenue Bulletin.

LE—Lessee.

LP—Limited Partner.

LR—Lessor.

M—Minor.

Nonacq.—Nonacquiescence.

O—Organization.

P—Parent Corporation.

PHC—Personal Holding Company.

PO—Possession of the U.S.

PR—Partner.

PRS—Partnership.

i

PTE—Prohibited Transaction Exemption.

Pub. L.—Public Law.

REIT—Real Estate Investment Trust.

Rev. Proc.—Revenue Procedure.

Rev. Rul.—Revenue Ruling.

S—Subsidiary.

S.P.R.—Statement of Procedural Rules.

Stat.—Statutes at Large.

T—Target Corporation.

T.C.—Tax Court.

T.D.—Treasury Decision.

TFE—Transferee.

TFR—Transferor.

T.I.R.—Technical Information Release.

TP—Taxpayer.

TR—Trust.

TT—Trustee.

U.S.C.—United States Code.

X—Corporation.

Y—Corporation.

Z—Corporation.

April 22, 2024

Numerical Finding List1

Bulletin 2024–17

Announcements:

2024-1, 2024-02 I.R.B. 363

2024-3, 2024-02 I.R.B. 364

2024-5, 2024-05 I.R.B. 635

2024-6, 2024-05 I.R.B. 635

2024-4, 2024-06 I.R.B. 665

2024-7, 2024-07 I.R.B. 673

2024-8, 2024-07 I.R.B. 674

2024-9, 2024-07 I.R.B. 675

2024-12, 2024-08 I.R.B. 676

2024-11, 2024-08 I.R.B. 683

2024-13, 2024-10 I.R.B. 710

2024-10, 2024-11 I.R.B. 711

2024-14, 2024-12 I.R.B. 719

2024-15, 2024-15 I.R.B. 876

2024-16, 2024-16 I.R.B. 909

2024-17, 2024-16 I.R.B. 932

2024-19, 2024-17 I.R.B. 950

Notices:

2024-1, 2024-02 I.R.B. 314

2024-2, 2024-02 I.R.B. 316

2024-3, 2024-02 I.R.B. 338

2024-4, 2024-02 I.R.B. 343

2024-5, 2024-02 I.R.B. 347

2024-6, 2024-02 I.R.B. 348

2024-7, 2024-02 I.R.B. 355

2024-8, 2024-02 I.R.B. 356

2024-9, 2024-02 I.R.B. 358

2024-11, 2024-02 I.R.B. 360

2024-10, 2024-03 I.R.B. 406

2024-12, 2024-05 I.R.B. 616

2024-13, 2024-05 I.R.B. 618

2024-16, 2024-05 I.R.B. 622

2024-18, 2024-05 I.R.B. 625

2024-19, 2024-05 I.R.B. 627

2024-21, 2024-06 I.R.B. 659

2024-22, 2024-06 I.R.B. 662

2024-20, 2024-07 I.R.B. 668

2024-23, 2024-07 I.R.B. 672

2024-24, 2024-10 I.R.B. 707

2024-25, 2024-12 I.R.B. 712

2024-26, 2024-12 I.R.B. 713

2024-27, 2024-12 I.R.B. 715

2024-28, 2024-13 I.R.B. 720

2024-29, 2024-14 I.R.B. 751

2024-31, 2024-15 I.R.B. 869

2024-30, 2024-16 I.R.B. 878

2024-32, 2024-16 I.R.B. 897

Proposed Regulations:

REG-118492-23, 2024-02 I.R.B. 366

REG-107423-23, 2024-03 I.R.B. 411

REG-121010-17, 2024-05 I.R.B. 636

REG-101552-24, 2024-13 I.R.B. 741

REG-117631-23, 2024-14 I.R.B. 754

REG-108761-22, 2024-16 I.R.B. 933

REG-117542-22, 2024-16 I.R.B. 942

REG-123376-22, 2024-16 I.R.B. 952

Revenue Procedures:

2024-1, 2024-01 I.R.B. 1

2024-2, 2024-01 I.R.B. 119

2024-3, 2024-01 I.R.B. 143

2024-4, 2024-01 I.R.B. 160

2024-5, 2024-01 I.R.B. 262

2024-7, 2024-01 I.R.B. 303

2024-8, 2024-04 I.R.B. 479

2024-9, 2024-05 I.R.B. 628

2024-12, 2024-09 I.R.B. 677

2024-13, 2024-09 I.R.B. 678

2024-14, 2024-09 I.R.B. 682

2024-15, 2024-12 I.R.B. 717

2024-11, 2024-13 I.R.B. 721

2024-17, 2024-15 I.R.B. 873

2024-18, 2024-15 I.R.B. 874

2024-19, 2024-16 I.R.B. 899

Revenue Rulings:

2024-1, 2024-02 I.R.B. 307

2024-2, 2024-02 I.R.B. 311

2024-3, 2024-06 I.R.B. 646

2024-5, 2024-07 I.R.B. 666

2024-4, 2024-10 I.R.B. 686

2024-6, 2024-10 I.R.B. 688

2024-7, 2024-14 I.R.B. 749

2024-8, 2024-16 I.R.B. 877

Treasury Decisions:

9984, 2024-03 I.R.B. 386

9985, 2024-05 I.R.B. 573

9986, 2024-05 I.R.B. 610

9987, 2024-06 I.R.B. 648

9988, 2024-15 I.R.B. 794

9989, 2024-15 I.R.B. 850

1

A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2023–27 through 2023–52 is in Internal Revenue Bulletin

2023–52, dated December 26, 2023.

April 22, 2024

ii

Bulletin No. 2024–17

Finding List of Current Actions on

Previously Published Items1

Bulletin 2024–17

1

A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2023–27 through 2023–52 is in Internal Revenue Bulletin

2023–52, dated December 26, 2023.

Bulletin No. 2024–17

iii

April 22, 2024

Internal Revenue Service

Washington, DC 20224

Official Business

Penalty for Private Use, $300

INTERNAL REVENUE BULLETIN

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