Bulletin No. 2021–27

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Bulletin No. 2021–27

July 6, 2021

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

Notice 2021-39, page 3.

Transition penalty relief for taxable years that begin in 2021

with respect to new Schedules K-2 and K-3 required for Forms

1065, U.S. Return of Partnership Income, 1120-S, U.S. Income Tax Return for an S Corporation, and 8865, Return of

U.S. Persons With Respect to Certain Foreign Partnerships.

Rev. Proc. 2021-29, page 12.

This document contains a draft Revenue Procedure allowing

an eligible partnership to file an amended Form 1065, U.S.

Return of Partnership Income, and furnish a corresponding

Schedule K-1 (Form 1065), Partner’s Share of Income, Deductions, Credits, etc., to each of its partners as an alternative option to filing an administrative adjustment request

(AAR).

INCOME TAX

Rev. Proc. 2021-28, page 5.

The Taxpayer Certainty and Disaster Tax Relief Act of 2020

(TCDTRA), enacted in December 2020, retroactively provides

Finding Lists begin on page ii.

a recovery period of 30 years under the alternative depreciation system in § 168(g) (ADS) for certain residential rental

property, as defined in § 168(e)(2)(A) of the Code, placed

in service before January 1, 2018, held by an electing real

property trade or business as defined in § 163(j)(7)(B), and

not previously subject to the ADS. This revenue procedure

explains how a taxpayer changes its method of computing

depreciation under § 168(g) for such property to comply with

TCDTRA. This revenue procedure also modifies Rev. Proc.

2019-08, which provides guidance under § 168(g) related

to certain property held by an electing real property trade or

business. Finally, this revenue procedure modifies Rev. Proc.

2019-43, which provides the list of automatic changes in

methods of accounting, to expand the applicability of automatic changes for a change in use of certain depreciable

property.

Rev. Rul. 2021-12, page 1.

Federal rates; adjusted federal rates; adjusted federal longterm rate, and the long-term tax exempt rate. For purposes

of sections 382, 1274, 1288, 7872 and other sections of

the Code, tables set forth the rates for July 2021.

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.

July 6, 2021 

Bulletin No. 2021–27

Part I

Section 1274.—

Determination of Issue

Price in the Case of Certain

Debt Instruments Issued for

Property

(Also Sections 42, 280G, 382, 467, 468, 482, 483,

1288, 7520, 7872.)

Rev. Rul. 2021-12

This revenue ruling provides various prescribed rates for federal income

Annual

AFR

110% AFR

120% AFR

130% AFR

0.12%

0.13%

0.14%

0.16%

AFR

110% AFR

120% AFR

130% AFR

150% AFR

175% AFR

1.00%

1.10%

1.20%

1.30%

1.51%

1.76%

AFR

110% AFR

120% AFR

130% AFR

2.07%

2.28%

2.49%

2.70%

Short-term adjusted AFR

Mid-term adjusted AFR

Long-term adjusted AFR

Bulletin No. 2021–27

tax purposes for July 2021 (the current

month). Table 1 contains the shortterm, mid-term, and long-term applicable federal rates (AFR) for the current

month for purposes of section 1274(d)

of the Internal Revenue Code. Table 2

contains the short-term, mid-term, and

long-term adjusted applicable federal

rates (adjusted AFR) for the current

month for purposes of section 1288(b).

Table 3 sets forth the adjusted federal long-term rate and the long-term

tax-exempt rate described in section

382(f). Table 4 contains the appropriate percentages for determining the

REV. RUL. 2021-12 TABLE 1

Applicable Federal Rates (AFR) for July 2021

Period for Compounding

Semiannual

Short-term

0.12%

0.13%

0.14%

0.16%

Mid-term

1.00%

1.10%

1.20%

1.30%

1.50%

1.75%

Long-term

2.06%

2.27%

2.47%

2.68%

Annual

0.09%

0.76%

1.57%

REV. RUL. 2021-12 TABLE 2

Adjusted AFR for July 2021

Period for Compounding

Semiannual

0.09%

0.76%

1.56%

1

low-income housing credit described

in section 42(b)(1) for buildings placed

in service during the current month.

However, under section 42(b)(2), the

applicable percentage for non-federally subsidized new buildings placed in

service after July 30, 2008, shall not

be less than 9%. Table 5 contains the

federal rate for determining the present

value of an annuity, an interest for life

or for a term of years, or a remainder

or a reversionary interest for purposes

of section 7520. Finally, Table 6 contains the blended annual rate for 2021

for purposes of section 7872.

Quarterly

Monthly

0.12%

0.13%

0.14%

0.16%

0.12%

0.13%

0.14%

0.16%

1.00%

1.10%

1.20%

1.30%

1.50%

1.75%

1.00%

1.10%

1.20%

1.30%

1.50%

1.74%

2.05%

2.26%

2.46%

2.67%

2.05%

2.26%

2.46%

2.67%

Quarterly

0.09%

0.76%

1.56%

Monthly

0.09%

0.76%

1.55%

July 6, 2021

REV. RUL. 2021-12 TABLE 3

Rates Under Section 382 for July 2021

Adjusted federal long-term rate for the current month

Long-term tax-exempt rate for ownership changes during the current month (the highest of the adjusted federal

long-term rates for the current month and the prior two months.)

1.57%

1.64%

REV. RUL. 2021-12 TABLE 4

Appropriate Percentages Under Section 42(b)(1) for July 2021

Note: Under section 42(b)(2), the applicable percentage for non-federally subsidized new buildings placed in service after July

30, 2008, shall not be less than 9%.

Appropriate percentage for the 70% present value low-income housing credit

7.35%

Appropriate percentage for the 30% present value low-income housing credit

3.15%

REV. RUL. 2021-12 TABLE 5

Rate Under Section 7520 for July 2021

Applicable federal rate for determining the present value of an annuity, an interest for life or a

term of years, or a remainder or reversionary interest

1.2%

REV. RUL. 2021-12 TABLE 6

Blended Annual Rate for 2021

Section 7872(e)(2) blended annual rate for 2021

Section 42.—Low-Income

Housing Credit

The applicable federal short-term, mid-term,

and long-term rates are set forth for the month of

July 2021. See Rev. Rul. 2021-12, page 1.

Section 280G.—Golden

Parachute Payments

The applicable federal short-term, mid-term,

and long-term rates are set forth for the month of

July 2021. See Rev. Rul. 2021-12, page 1.

Section 382.—Limitation

on Net Operating Loss

Carryforwards and

Certain Built-In Losses

Following Ownership

Change

The adjusted applicable federal long-term rate

is set forth for the month of July 2021. See Rev.

Rul. 2021-12, page 1.

.13%

Section 467.—Certain

Payments for the Use of

Property or Services

The applicable federal short-term, mid-term,

and long-term rates are set forth for the month of

July 2021. See Rev. Rul. 2021-12, page 1.

Section 468.—Special

Rules for Mining and Solid

Waste Reclamation and

Closing Costs

The applicable federal short-term rates are set

forth for the month of July 2021. See Rev. Rul.

2021-12, page 1.

Section 482.—Allocation

of Income and Deductions

Among Taxpayers

The applicable federal short-term, mid-term,

and long-term rates are set forth for the month of

July 2021. See Rev. Rul. 2021-12, page 1.

Section 483.—Interest on

Certain Deferred Payments

The applicable federal short-term, mid-term,

and long-term rates are set forth for the month of

July 2021. See Rev. Rul. 2021-12, page 1.

Section 1288.—Treatment

of Original Issue Discount

on Tax-Exempt Obligations

The adjusted applicable federal short-term, midterm, and long-term rates are set forth for the month of

July 2021. See Rev. Rul. 2021-12, page 1.

Section 7520.—Valuation

Tables

The applicable federal mid-term rates are set

forth for the month of July 2021. See Rev. Rul.

2021-12, page 1.

Section 7872.—Treatment

of Loans With BelowMarket Interest Rates

The applicable federal short-term, mid-term,

and long-term rates are set forth for the month of

July 2021. See Rev. Rul. 2021-12, page 1.

July 6, 2021

2

Bulletin No. 2021–27

Part III

Transition Period Penalty

Relief for New Schedules

K-2 and K-3 for Forms

1065, 1120-S and 8865

Notice 2021-39

SECTION 1. PURPOSE

This notice announces transition relief for taxable years that begin in 2021

with respect to new Schedules K-2 and

K-3 required for Forms 1065, U.S. Return of Partnership Income, 1120-S, U.S.

Income Tax Return for an S Corporation,

and 8865, Return of U.S. Persons With

Respect to Certain Foreign Partnerships.

Section 2 provides background on these

new schedules and the penalties that may

apply for failure to furnish complete and

correct information with respect to such

schedules. Section 3 provides transition

relief from these penalties for any incorrect or incomplete reporting on the Schedules K-2 and K-3 if the filer establishes to

the satisfaction of the Commissioner that

it made a good faith effort to comply with

the new reporting requirements.

SECTION 2. BACKGROUND

.01 Longstanding Filing and Reporting

Requirements

Section 6031 of the Internal Revenue

Code (“Code”) and §§ 1.6031(a)-1 and

1.6031(b)-1T of the Income Tax Regulations generally require a partnership to do

the following:

• make a return for each taxable year

stating the items of its gross income

and deductions allowable by subtitle

A of the Code and any other information as prescribed by forms and instructions for the purpose of carrying

out the provisions of subtitle A of the

Code, and

• furnish to its partners statements containing each partner’s distributive

share of the partnership’s items of income, gain, loss, deduction, or credit

required to be shown on the partnership return and any additional infor-

Bulletin No. 2021–27

mation required to apply particular

provisions of subtitle A of the Code to

the partner with respect to items related to the partnership as prescribed by

form or accompanying instructions.

Section 6037(a) and (b) provide similar

requirements with respect to an S corporation.

Section 6038(a)(1) and (a)(5) and

§1.6038-3 of the Income Tax Regulations

generally require a United States person

that controls a foreign partnership or holds

at least a 10-percent interest in a foreign

partnership that is controlled by United

States persons holding at least 10-percent

interests (a U.S. partner) to furnish information relating to the partnership (a controlled

foreign partnership or CFP), including

information relating to the U.S. partner’s

ownership interests in the partnership and

allocations to the partner of partnership

items. A U.S. partner that controls a CFP

may also need to provide information relating to another U.S. partner’s ownership

interest in the partnership and allocations to

that partner of partnership items.

Pursuant to sections 6031, 6037, and

6038 and the accompanying Income Tax

Regulations, the Internal Revenue Service

(IRS) has, in forms and instructions, long

required that any partnership, S corporation, or U.S. partner in a CFP report information of international tax relevance.

.02 New Schedules K-2 and K-3

Form 1065, Schedules K-2, Partners’

Distributive Share Items—International,

and K-3, Partner’s Share of Income, Deductions, Credits, etc.—International, are

new for taxable years beginning in 2021.

These schedules replace, supplement, and

clarify the reporting of certain amounts

formerly reported on Form 1065, Schedule K, Partners’ Distributive Share Items,

line 16, Foreign Transactions, and Schedule K-1 (Form 1065), Partner’s Share of

Income, Deductions, Credits, etc., Part III,

Partner’s Share of Current Year Income,

Deductions, Credits, and Other Items, line

16, Foreign Transactions. Schedules K-2

and K-3 also replace, supplement, and

clarify reporting of certain amounts formerly reported on Form 1065, Schedule

K, line 20c, Other items and amounts, and

3

Schedule K-1 (Form 1065), Part III, line

20, Other information. The new standardized format assists partnerships in providing partners with the information necessary to complete their returns with respect

to the international tax aspects of the Code

and allows the IRS to more efficiently verify tax compliance.

For the same reasons, for taxable years

beginning in 2021, Form 1120-S includes

new Schedules K-2, Shareholders’ Pro

Rata Share Items—International, and K-3,

Shareholder’s Share of Income, Deductions, Credits, etc.—International. These

schedules replace, supplement, and clarify

the reporting of certain amounts formerly

reported on line 14, Foreign Transactions,

of both Form 1120-S, Schedule K, Shareholders’ Pro Rata Share Items, and Schedule

K-1 (Form 1120-S), Shareholder’s Share of

Income, Deductions, Credits, etc. Part III,

Shareholder’s Share of Current Year Income, Deductions, Credits, etc. Schedules

K-2 and K-3 also replace, supplement, and

clarify the reporting of certain amounts formerly reported on Form 1120-S, Schedule

K, line 17d, Other items and amounts, and

Schedule K-1 (Form 1120-S), Part III, line

17, Other information.

Finally, for the same reasons, for taxable years beginning in 2021, Form 8865

includes new Schedules K-2, Partners’

Distributive Share Items—International, and K-3, Partner’s Share of Income,

Deductions, Credits, etc.—International.

These schedules replace, supplement, and

clarify the reporting of certain amounts

formerly reported on line 16, Foreign

Transactions, of both Form 8865, Return

of U.S. Persons With Respect to Certain

Foreign Partnerships, Schedule K, Partners’ Distributive Share Items, and Schedule K-1 (Form 8865), Partner’s Share of

Income, Deductions, Credits, etc., Part III,

Partner’s Share of Current Year Income,

Deductions, Credits, and Other Items.

Schedules K-2 and K-3 also replace, supplement, and clarify the reporting of certain amounts formerly reported on Form

8865, Schedule K, line 20c, Other items

and amounts, and Schedule K-1 (Form

8865), Part III, line 20, Other information.

The IRS released on July 14, 2020, for

public comment drafts of the Form 1065,

Schedules K-2 and K-3 and the associat-

July 6, 2021

ed instructions. At that time, the IRS also

requested comments on the Forms 1120-S

and 8865 with respect to which the IRS

planned to issue similar Schedules K-2

and K-3. After considering the comments

received, on June 3 and 4, 2021, the IRS

released the final versions of new Schedules K-2 and K-3 for the Forms 1065,

1120-S and 8865 applicable for taxable

years beginning in 2021.

.03 Penalties

(a) Failure to File or Show Information

on Partnership Return

Section 6698 imposes a penalty for failing to file a return at the time prescribed

therefor, or for filing a return that fails to

show the information required under section 6031. A return required under section

6031 includes Form 1065 and Schedule

K-1 (Form 1065). For partnership taxable

years beginning in 2021, it will also include

Schedules K-2 and K-3. A failure to file a

timely partnership return that shows information required under section 6031 would

generally subject a partnership to the section 6698 penalty. A section 6698 penalty

will not be imposed if it is shown that the

failure is due to reasonable cause.

(b) Failure to File or Show Information

on an S Corporation Return

Section 6699 imposes a penalty for failing to file a return required under section

6037 at the time prescribed therefor, or for

filing a return that fails to show the information required under that section. A return

required under section 6037 includes Form

1120-S and Schedule K-1 (Form 1120-S).

For S corporation taxable years beginning

in 2021, it will also include Schedules K-2

and K-3. A failure to file a timely S corporation return that shows information required under section 6037 would generally

subject an S corporation to the section 6699

penalty. A section 6699 penalty will not be

imposed if it is shown that the failure is due

to reasonable cause.

(c) Failure to File Correct Information

Returns

Section 6721 imposes a penalty for

any failure to file an information return

July 6, 2021

on or before the required filing date, and

for any failure to include all of the information required to be shown on the return

or the inclusion of incorrect information.

When regulations under section 6011 require a partnership to file a partnership

return electronically, each schedule required to be included with the return with

respect to each partner (that is, Schedules

K-1 and K-3) is treated as a separate information return subject to the section

6721 penalty. See section 6724(e). Failure to electronically file a correct Schedule K-1 or K-3 when required would generally subject a partnership to a section

6721 penalty.

(d) Failure to Furnish Correct Payee

Statements

Section 6722 imposes a penalty for

failure to furnish a payee statement on

or before the date prescribed therefor to

the person to whom such statement is required to be furnished, and for any failure

to include all of the information required

to be shown on a payee statement or the

inclusion of incorrect information. Section 6724(d)(2) provides a definition for

“payee statement” that applies to section

6722. Under section 6724(d)(2)(A), a payee statement includes a statement required

to be furnished to each partner under section 6031(b) or (c) and to each S corporation shareholder under section 6037(b). A

failure to furnish a correct Schedule K-1

or K-3 as required under section 6031

would generally subject a partnership

to the section 6722 penalty. A failure to

furnish a correct Schedule K-1 or K-3 as

required under section 6037 would generally subject an S corporation to the section

6722 penalty.

Section 6724 provides an exception to

a penalty for any failure under sections

6721 and 6722 if it is shown that the failure is due to reasonable cause and not to

willful neglect. Under § 301.6724-1 of the

Procedure and Administration Regulations, a penalty is waived for reasonable

cause only if the filer establishes that either there are significant mitigating factors

with respect to the failure or the failure

arose from events beyond the filer’s control. In addition, the filer must establish

that the filer acted in a responsible manner

both before and after the failure occurred.

4

(e) Failure to furnish information

required by section 6038

Section 6038(b) and (c) impose penalties for failing to furnish the information

required under that section by its due date.

The reporting required under section 6038

includes Form 8865 and each Schedule

K-1 (Form 8865). For partnership taxable

years beginning in 2021, it will also include Schedules K-2 and K-3. A U.S. partner is generally subject to penalties under

section 6038 for failure to file a Form

8865 that shows information required under section 6038. No penalties are applicable under section 6038 for a partner that

shows that the failure to file Form 8865 is

due to reasonable cause.

SECTION 3. PENALTY RELIEF

This section provides transition relief for taxable years that begin in 2021

(processing year 2022) with respect to

Schedules K-2 and K-3 to Forms 1065,

1120-S, and 8865. During this transition

period, a partnership required to file Form

1065, an S corporation required to file

Form 1120-S, or a U.S. partner required

to file Form 8865 (a “Schedule K-2/K-3

filer”) will not be subject to the relevant

penalties described in section 2 for any

incorrect or incomplete reporting on the

Schedules K-2 and K-3 if the filer establishes to the satisfaction of the Commissioner that it made a good faith effort to

comply with the Schedules K-2 and K-3

filing requirements (and the Schedule K-3

furnishing requirements) per the instructions. A Schedule K-2/K-3 filer that does

not establish that it made a good faith effort to comply with the new requirements

will not be eligible for penalty relief under

this notice.

For purposes of determining whether a

Schedule K-2/K-3 filer makes a good faith

effort to complete Schedules K-2 and K-3,

the IRS will take into account the extent to

which a Schedule K-2/K-3 filer has made

changes to its systems, processes, and

procedures for collecting and processing

information relevant to filing the Schedules K-2 and K-3 and the extent to which

a Schedule K-2/K-3 filer has obtained information from partners, shareholders, or

the CFP, or applied reasonable assumptions when information is not obtained.

Bulletin No. 2021–27

The IRS will also take into account the

steps taken by the Schedule K-2/K-3 filer

to modify the partnership or S corporation agreement or governing instrument to

facilitate the sharing of information with

partners and shareholders that is relevant

to determining whether and how to file

Schedules K-2 and K-3.

In several instances, certain information about partners, shareholders, or the

CFP is relevant for determining the applicability of a part of Schedules K-2 and

K-3. For example, if a partnership has a

direct or indirect partner that is a nonresident alien individual or a foreign corporation, the partnership must complete Form

1065, Part X of Schedules K-2 and K-3.

Information about the partners, shareholders, or the CFP is also relevant for determining how to report some amounts. For

example, for taxable years beginning in

2021, the instructions for Form 1065, Part

IX of Schedule K-2 and K-3 state that a

partnership is expected to collaborate with

its partners to identify the foreign related

parties of each partner.

The Treasury Department and the IRS

are aware that a Schedule K-2/K-3 filer

may not currently have systems or procedures in place to obtain information about

its partners, shareholders, or the CFP to

determine whether it must file a part of

Schedules K-2 and K-3 or how to complete a part that must be filed. In general, in

the taxable year 2021 instructions, unless

the Schedule K-2/K-3 filer has knowledge

to the contrary, it must file or complete

certain parts assuming that the information would be relevant to the partner or

shareholder. Under this notice, during the

transition period, a Schedule K-2/K-3 filer

will not be subject to the relevant penalties

described in section 2 for any incorrect or

incomplete reporting on Schedules K-2

or K-3 if it establishes to the satisfaction

of the Commissioner that it made a good

faith effort to determine whether it must

file a part and how to complete a part that

it files.

With respect to information about

partners, shareholders, or the CFP that is

relevant to determine whether to file and

how to complete a part, the IRS will assess the effort the Schedule K-2/K-3 filer

made to obtain this information and the

reasonableness of any assumptions, taking

into account the relationship between the

Bulletin No. 2021–27

Schedule K-2/K-3 filer and its partners,

shareholders or the CFP. For example, the

appropriate level of diligence and/or the

reasonableness of an assumption may differ with respect to a partner that manages

or controls the partnership, or a partnership with a partner with a significant interest in the partnership, such as a partner

with a 10-percent interest, as compared to

partners holding small interests for which

there may not be the same ease of access

to information. Nevertheless, a Schedule K-2/K-3 filer may have made a good

faith effort despite being unsuccessful in

obtaining information from its partners,

shareholders, or the CFP.

SECTION 4. REQUEST FOR

COMMENTS

The IRS solicits comments on the draft

instructions to Schedules K-2 and K-3 for

taxable years beginning in 2021 being released the same date as this Notice, particularly any instances where the instructions

do not provide sufficient guidance on how

to complete the returns or where additional clarity is needed. The IRS is specifically interested in suggestions for addressing

structures and situations that make it difficult to determine certain information (for

example, tiered partnership structures or

publicly-traded partnerships).

As discussed in section 3, in general, the instructions for taxable years beginning in 2021 for certain parts of the

Schedules K-2 and K-3 require the partnership and the S corporation to report

information unless the partnership and

S corporation know that the information

is not relevant to partners, shareholders, or indirect partners. The IRS solicits comments concerning reasonable

assumptions Schedule K-2/K-3 filers

could make in determining whether and

how to complete Schedules K-2 and K-3

for years after the transition period and

whether these assumptions may differ

between various parts of the Schedules

K-2 and K-3.

Comments should be submitted in

writing and should include a reference to

Notice 2021-39. Comments may be submitted in one of two ways:

(1) Electronically via the Federal

eRulemaking Portal at www.regulations.

gov (type IRS-2021-0006 in the search

5

field on the regulations.gov homepage to

find this notice and submit comments).

(2) Alternatively, by mail to: Internal

Revenue Service, Attn: CC:PA:LPD:PR

(Notice 2021-39), Room 5203, P.O. Box

7604, Ben Franklin Station, Washington,

D.C. 20044.

All commenters are strongly encouraged to submit public comments electronically. The IRS expects to have limited

personnel available to process public comments that are submitted on paper through

the mail and these comments, submitted

through the mail, may not be processed

with enough time before revisions to the

instructions need to be prepared. Until

further notice, any comments submitted

on paper will be considered to the extent

practicable. The Treasury Department and

the IRS will publish for public availability any comment submitted electronically,

and to the extent practicable on paper, to

its public docket.

SECTION 5. CONTACT

INFORMATION

The principal author of this notice is

Ronald M. Gootzeit of the Office of Associate Chief Counsel (International).

For further information regarding the issues described in this notice, contact Mr.

Gootzeit at (202) 317-6937 (not a toll-free

number).

26 CFR 1.168(i)-4: Changes in use.

(Also Part I, §§ 163(j), 168, 446; 1.446-1, 1.163(j)-9.)

Rev. Proc. 2021-28

SECTION 1. PURPOSE

This revenue procedure provides

guidance under § 202 of the Taxpayer

Certainty and Disaster Tax Relief Act of

2020 (TCDTRA), enacted as Division EE

of the Consolidated Appropriations Act,

2021, Pub. L. No. 116-260, 134 Stat.

1182 (December 27, 2020). Section 202

of the TCDTRA retroactively provides a

recovery period of 30 years under the alternative depreciation system in § 168(g)

(ADS) of the Internal Revenue Code

(Code) for certain residential rental property, as defined in § 168(e)(2)(A) of the

Code, placed in service before January

July 6, 2021

1, 2018, held by an electing real property

trade or business as defined in § 163(j)

(7)(B) of the Code, and not previously

subject to the ADS. This revenue procedure explains how a taxpayer changes its

method of computing depreciation under

§ 168(g) of the Code for such property

to comply with § 202 of the TCDTRA.

This revenue procedure also modifies

Rev. Proc. 2019-08, 2019-03 I.R.B. 347,

which provides guidance under § 168(g)

of the Code related to certain property

held by an electing real property trade

or business. Finally, this revenue procedure modifies Rev. Proc. 2019-43, 201948 I.R.B. 1107, which provides the list

of automatic changes in methods of accounting, to expand the applicability of

automatic changes for a change in use of

certain depreciable property.

SECTION 2. BACKGROUND

.01 Alternative depreciation system under § 168(g) for residential rental property.

(1) Prior to amendment by §§ 13204

and 13205 of Public Law 115-97, 131 Stat.

2054 (2017), commonly referred to as the

Tax Cuts and Jobs Act (TCJA), § 168(g)

(1) of the Code provided that the depreciation deduction provided by § 167(a)

of the Code is determined under the ADS

for: (A) any tangible property that during

the taxable year is used predominantly

outside the United States; (B) any tax-exempt use property; (C) any tax-exempt

bond financed property; (D) any imported

property covered by an Executive order

under § 168(g)(6) of the Code; and (E)

any property to which an election under

§ 168(g)(7) of the Code applies. Sections

13204(a)(3)(A) and 13205(a) of the TCJA

amended § 168(g)(1) of the Code by requiring the depreciation deduction provided by § 167(a) of the Code to be determined under the ADS for the following

additional property: nonresidential real

property, residential rental property, and

qualified improvement property held by an

electing real property trade or business as

defined in § 163(j)(7)(B) of the Code; and

any property with a recovery period of 10

years or more that is held by an electing

farming business as defined in § 163(j)(7)

(C) of the Code. These amendments apply

to taxable years beginning after December

July 6, 2021

31, 2017, without regard to when the property is or was placed in service. See TCJA

§ 13204(b)(2) and § 13205(b).

(2) Prior to amendment by the TCJA,

the table of recovery periods under

§ 168(g)(2)(C) of the Code provided that

the recovery period under the ADS was 40

years for residential rental property. Section 13204(a)(3)(C) of the TCJA amended

that table by providing that the ADS recovery period is 30 years for residential

rental property. Prior to the enactment of

the TCDTRA, this amendment applied

only to property placed in service after

December 31, 2017. See TCJA § 13204(b)

(1).

(3) Therefore, although the TCJA added residential rental property held by an

electing real property trade or business to

the list of property to which the ADS is

applicable, the change in recovery period

from 40 years to 30 years for all residential rental property applied only to property placed in service after December 31,

2017. See TCJA § 13204(b)(1) and (2).

(4) Section 202 of the TCDTRA

amended § 13204(b) of the TCJA to add

new § 13204(b)(3) of the TCJA. Section

13204(b)(3) of the TCJA provides that

in the case of any residential rental property (i) that was placed in service before

January 1, 2018, (ii) that is held by an

electing real property trade or business,

as defined in § 163(j)(7)(B) of the Code

(electing real property trade or business),

and (iii) for which § 168(g)(1)(A) through

(E) of the Code did not apply prior to January 1, 2018, the amendments made by

§ 13204(a)(3)(C) of the TCJA apply to

taxable years beginning after December

31, 2017. Accordingly, such residential

rental property has a 30-year recovery period under the ADS for taxable years beginning after December 31, 2017.

(5) Unless otherwise provided, all references hereinafter in this revenue procedure to § 168(g) of the Code are references to § 168(g) of the Code as in effect

on December 28, 2020, the day after the

enactment date of the TCDTRA.

.02 Rev. Proc. 2019-08.

(1) On January 14, 2019, the Department of Treasury (Treasury Department)

and the Internal Revenue Service (IRS)

published Rev. Proc. 2019-08 to provide

guidance, in part, on the recovery period

under the ADS for residential rental prop-

6

erty placed in service before 2018 and on

how taxpayers can change their computation of depreciation to the ADS for certain

properties held by electing real property

trades or businesses.

(2) Section 4.01(1) of Rev. Proc. 201908 provides that the recovery period under

the table in § 168(g)(2)(C) of the Code

is 30 years for residential rental property

placed in service by the taxpayer after December 31, 2017, and 40 years for residential rental property placed in service by the

taxpayer before January 1, 2018. To comply with § 202 of the TCDTRA, section 6

of this revenue procedure modifies section

4.01 of Rev. Proc. 2019-08 to provide that

the 30-year recovery period also applies to

certain residential rental property placed

in service before January 1, 2018, and

held by an electing real property trade or

business for taxable years beginning after

December 31, 2017.

(3) Sections 4.02(1) and 4.02(2)(a)

of Rev. Proc. 2019-08 provide that for

the election year (that is, the first taxable

year for which a trade or business makes

an election under § 163(j)(7)(B) and the

regulations thereunder), the electing real

property trade or business must begin

depreciating nonresidential real property, residential rental property, and qualified improvement property in accordance

with the ADS. This rule applies to such

properties placed in service by the electing real property trade or business in the

election year and all subsequent taxable

years (newly-acquired property), and to

such properties placed in service by the

electing real property trade or business in

taxable years beginning before the election year (existing property). Pursuant to

section 4.02(2)(b) of Rev. Proc. 2019-08,

a change in use occurs under § 168(i)(5)

and § 1.168(i)-4(d) of the Income Tax

Regulations for existing property as a result of an election under § 163(j)(7)(B).

Therefore, depreciation for such property

is determined in accordance with the rules

under § 1.168(i)-4(d).

.03 Method of accounting.

(1) Section 446(e) and § 1.446-1(e)(2)

require a taxpayer to secure the consent

of the Commissioner of Internal Revenue

(Commissioner) before changing a method of accounting for Federal income tax

purposes. Section 1.446-1(e)(3)(ii) authorizes the Commissioner to prescribe ad-

Bulletin No. 2021–27

ministrative procedures setting forth the

limitations, terms, and conditions necessary to permit a taxpayer to obtain consent

to change a method of accounting.

(2) Section 2.05 of Rev. Proc. 201513, 2015-5 I.R.B 419, 425, provides that

a taxpayer may not request, or otherwise

make, a retroactive change in method of

accounting, unless specifically authorized

by the Commissioner or by statute.

(3) Section 1.446-1(e)(2)(ii)(d)(3)(ii)

provides that a change in computing depreciation or amortization allowances in

the taxable year in which the use of an

asset changes in the hands of the same

taxpayer is not a change in method of accounting. See also § 1.168(i)-4(f).

(4) Section 1.446-1(e)(2)(ii)(d)(5)(iii)

provides that a change from an impermissible method of computing depreciation

to a permissible method of computing depreciation for an asset results in a § 481(a)

adjustment.

(5) With the enactment of the TCDTRA, immediate guidance is needed

under § 168(g) of the Code for taxpayers

who are affected by the retroactive effective date of § 13204(b)(3) of the TCJA.

Accordingly, this revenue procedure permits taxpayers to file an amended Federal

income tax return or information return,

administrative adjustment request under

§ 6227 of the Code (AAR), or a Form

3115, Application for Change in Accounting Method, to change their method of

computing depreciation of certain residential rental property held by an electing real

property trade or business to use a 30-year

ADS recovery period and, if such property

is included in a general asset account, to

change their general asset account treatment for such property to comply with

§ 1.168(i)-1(h)(2). See section 4.04 of this

revenue procedure for the procedures to

change to a 30-year recovery period.

(6) The Treasury Department and the

IRS are aware that some taxpayers may

have elected to be an electing real property trade or business for their taxable year

beginning in 2019 (2019 taxable year),

and thereby changed to a 40-year ADS recovery period for residential rental property placed in service before 2018 under

the change in use rules for the 2019 taxable year. The Treasury Department and

the IRS also are aware that some of those

taxpayers may not have made the adjust-

Bulletin No. 2021–27

ments to general asset accounts under the

change in use rules in § 1.168(i)-1(h)(2)

for the 2019 taxable year. To the extent

those taxpayers have not yet filed their

Federal income tax return or Form 1065,

U.S. Return of Partnership Income, for the

taxable year beginning in 2020, the change

to the 30-year recovery period for residential rental property to comply with the TCDTRA or to the method of accounting provided in § 1.168(i)-1(h)(2) would be made

on an amended Federal income tax return

or information return, or an AAR, as applicable. See Rev. Rul. 90-38, 1990-1 C.B.

57 (a taxpayer adopts an impermissible

method of accounting for a material item

by treating the item in the same way in determining the gross income or deductions

in two or more consecutively filed Federal income tax returns). However, consistent with section 4 of Rev. Proc. 2007-16,

2007-1 C.B. 358, this revenue procedure

provides these taxpayers with the option

of changing to a 30-year recovery period

or to the method of accounting provided

in § 1.168(i)-1(h)(2) by filing a Form 3115

in lieu of an amended Federal income tax

return or information return, or an AAR.

See sections 4.01(2) and 4.04(2) of this

revenue procedure for the procedures to

change to a 30-year recovery period by

filing a Form 3115. See sections 4.02(3)

and 4.04(2) of this revenue procedure for

the procedures to change to the method of

accounting provided in § 1.168(i)-1(h)(2).

.04 Earnings and profits. In the case

of tangible property to which § 168 applies, § 312(k)(3)(A) provides that the

adjustment to earnings and profits for depreciation for any taxable year generally

is determined under the ADS within the

meaning of § 168(g)(2). If a change in use

occurs for such property under § 168(i)(5)

and § 1.168(i)-4 for Federal income tax

purposes, the adjustment to earnings and

profits for depreciation under § 312(k)(3)

(A) for such property beginning for the

year of change, as defined in § 1.168(i)4(a), is determined under the ADS in

accordance with § 1.168(i)-4. However, if

the depreciation method and recovery period for such property under the ADS are

the same before and after the change in

use for § 312(k)(3)(A), the adjustment to

earnings and profits for depreciation under § 312(k)(3)(A) is not affected by the

change in use.

7

SECTION 3. SCOPE

.01 In general. This revenue procedure

applies to residential rental property:

(1) that was placed in service by (a) the

taxpayer before January 1, 2018, or (b) the

transferor of the residential rental property

before January 1, 2018, if the acquisition

of such property by the transferee-taxpayer is subject to § 168(i)(7) as provided in

section 3.03 of this revenue procedure;

(2) that is held by an electing real property trade or business; and

(3) that was not subject to § 168(g)(1)

(A), (B), (C), (D), or (E) prior to January

1, 2018, in the hands of (a) the taxpayer or

(b) the transferor if the acquisition of such

property by the transferee-taxpayer is subject to § 168(i)(7) as provided in section

3.03 of this revenue procedure.

.02 Exclusions. This revenue procedure

does not apply to:

(1) A taxpayer that makes an election

under § 163(j)(7)(B) and the regulations

thereunder on its Federal income tax return or information return for a taxable

year ending after December 27, 2020. See

section 4.02(2) of Rev. Proc. 2019-08 for

the method of changing depreciation for

residential rental property or other depreciable property for the election year and

for subsequent taxable years;

(2) A taxpayer that makes a late election under § 163(j)(7)(B) on an amended

Federal income tax return, amended Form

1065, or an AAR, as applicable, filed after

December 27, 2020, pursuant to section

4 of Rev. Proc. 2020-22, 2020-18 I.R.B.

745. See sections 4.02 and 4.03 of Rev.

Proc. 2020-22 for the method of changing

depreciation for residential rental property

or other depreciable property; or

(3) A taxpayer that withdraws the election under § 163(j)(7)(B) pursuant to section 5 of Rev. Proc. 2020-22. See section

5.02 of Rev. Proc. 2020-22 for the method

of changing depreciation for residential

rental property or other depreciable property.

.03 Transferor in a § 168(i)(7)(B)

transaction.

(1) Section 168(i)(7)(A) provides that,

in the case of any property transferred in

a transaction described in § 168(i)(7)(B),

the transferee is treated as the transferor

for purposes of computing the depreciation deduction determined under § 168

July 6, 2021

with respect to so much of the basis in

the hands of the transferee as does not

exceed the adjusted basis in the hands of

the transferor. As a result, where the transferee-taxpayer acquires residential rental property in a transaction described in

§ 168(i)(7)(B) (for example, §§ 351 and

721) and such residential rental property

was placed in service by the transferor, the

transferee-taxpayer is treated as placing in

service the residential rental property on

the same date as the transferor, but only

for the portion of the transferee-taxpayer’s basis in such property that does not

exceed the transferor’s adjusted depreciable basis (as defined in § 1.168(b)-1(a)

(4)) in such property. Similarly, where the

transferee-taxpayer acquires residential

rental property in a transaction described

in § 168(i)(7)(B) and such residential rental property was placed in service by the

transferor and was subject to § 168(g)(1)

(A), (B), (C), (D), or (E) before January

1, 2018, in the hands of the transferor,

the property is treated as being subject to

§ 168(g)(1)(A), (B), (C), (D), or (E) before January 1, 2018, in the hands of the

transferee-taxpayer, but only for the portion of the transferee-taxpayer’s basis in

such property that does not exceed the

transferor’s adjusted depreciable basis

in such property. Therefore, where the

transferee-taxpayer acquires residential

rental property in a transaction described

in § 168(i)(7)(B), the determination under

sections 3.01(1) and (3) of this revenue

procedure must be made by taking into

account the transferee-taxpayer, the transferor, or both as described above, but only

for the portion of the transferee-taxpayer’s

basis in such property that does not exceed

the transferor’s adjusted depreciable basis

of this property.

.04 Examples. The following examples

illustrate section 3 of this revenue procedure.

(1) Example 1. In January 2016, B purchased

and placed in service a residential rental property

at a cost of $1,000,000. B depreciates the residential rental property under the general depreciation

system of § 168(a) (GDS) by using the straight-line

method, a 27.5-year recovery period, and the midmonth convention. In January 2018, B and D form

an equal partnership, BD. D contributes cash to BD,

and B contributes the residential rental property to

BD. The contribution of the residential rental property by B to BD is a transaction described in § 721. At

the time of the contribution, B’s adjusted basis in the

residential rental property was $928,790. Pursuant to

July 6, 2021

§ 723, BD’s basis in the residential rental property

contributed by B is $928,790. On its Form 1065 for

the 2019 taxable year, BD makes an election under

§ 163(j)(7)(B) and the regulations thereunder to be

an electing real property trade or business. Because

the contribution of the residential rental property

by B to BD is a transaction described in § 168(i)

(7)(B), § 168(i)(7)(A) and section 3.03 of this revenue procedure apply. To the extent of BD’s basis

of $928,790 in the residential rental property, BD is

treated as placing in service such property in January 2016 and as depreciating such property under the

GDS before January 1, 2018. Accordingly, this residential rental property is within the scope of section

3.01 of this revenue procedure and is subject to the

30-year recovery period under the ADS beginning in

the 2019 taxable year, which is the election year.

(2) Example 2. The facts are the same as in Example 1, except B made an election under § 168(g)

(7) on its timely filed 2016 Federal income tax return

to depreciate the residential rental property under the

ADS by using the straight-line method, a 40-year

recovery period, and the mid-month convention. As

a result, B’s adjusted basis in the residential rental

property was $951,040 at the time of the contribution and BD’s basis in the residential rental property

contributed by B is $951,040. Because the contribution of the residential rental property by B to BD is

a transaction described in § 168(i)(7)(B), § 168(i)(7)

(A) and section 3.03 of this revenue procedure apply. To the extent of BD’s basis of $951,040 in the

residential rental property, BD is treated as placing

in service such property in January 2016 and such

property is treated as being subject to § 168(g)(1)(E)

in the hands of BD before January 1, 2018. Accordingly, this residential rental property is not within the

scope of section 3.01 of this revenue procedure and

continues to be subject to the 40-year recovery period under the ADS.

(3) Example 3. In January 2016, C purchased

and placed in service a residential rental property

at a cost of $1,000,000. C made an election under

§ 168(g)(7) on its timely filed 2016 Federal income

tax return to depreciate the residential rental property under the ADS by using the straight-line method,

a 40-year recovery period, and the mid-month convention. In January 2017, C transfers this residential rental property to X Corporation in exchange

for 80 percent of its only class of stock, plus cash of

$10,000. The transfer of the residential rental property by C to X Corporation is a transaction described

in § 351, and C recognized gain of $10,000 on such

transfer. At the time of the transfer, C’s adjusted basis

in the residential rental property was $976,040. Pursuant to § 362(a), X Corporation’s basis in the residential rental property transferred by C is $986,040.

For the 2017 taxable year, X Corporation depreciates

its excess basis of $10,000 ($986,040-$976,040)

in the residential rental property under the GDS by

using the straight-line method, a 27.5-year recovery

period, and the mid-month convention. On its Federal income tax return for the 2018 taxable year, X

Corporation makes an election under § 163(j)(7)(B)

and the regulations thereunder to be an electing real

property trade or business. Because the transfer of

the residential rental property by C to X Corporation

is a transaction described in § 168(i)(7)(B), § 168(i)

(7)(A) and section 3.03 of this revenue procedure

8

apply. To the extent of X Corporation’s basis of

$976,040 in the residential rental property, X Corporation is treated as placing in service such property

in January 2016 and such property is treated as being

subject to § 168(g)(1)(E) in the hands of X Corporation before January 1, 2018, and, accordingly, this

residential rental property with a basis of $976,040

is not within the scope of section 3.01 of this revenue procedure and continues to be subject to the

40-year recovery period under the ADS. X Corporation is treated as placing in service its excess basis

of $10,000 ($986,040-$976,040) in the residential

rental property, in January 2017 and as depreciating

such property under the GDS before January 1, 2018.

Accordingly, this residential rental property with an

excess basis of $10,000 is within the scope of section

3.01 of this revenue procedure and is subject to the

30-year recovery period under the ADS beginning in

the 2018 taxable year, which is the election year.

SECTION 4. CHANGE IN METHOD

OF COMPUTING DEPRECIATION

FOR RESIDENTIAL RENTAL

PROPERTY HELD BY AN

ELECTING REAL PROPERTY

TRADE OR BUSINESS

.01 Impermissible method to permissible method of determining depreciation.

(1) In general. Beginning with the

election year, an electing real property

trade or business within the scope of section 3 of this revenue procedure must depreciate residential rental property within

the scope of section 3 of this revenue procedure in accordance with the ADS using

a 30-year recovery period. For such property, a change in use occurs under § 168(i)

(5) and § 1.168(i)-4(d) for the election

year and depreciation for the election year

and each subsequent taxable year is determined in accordance with § 1.168(i)-4(d)

(4) or § 1.168(i)-4(d)(5)(ii)(B), as applicable. If an electing real property trade

or business within the scope of section

3 of this revenue procedure does not depreciate residential rental property within the scope of section 3 of this revenue

procedure under the ADS using a 30-year

recovery period for the election year and

the subsequent taxable year in accordance

with § 1.168(i)-4(d)(4) or § 1.168(i)-4(d)

(5)(ii)(B), as applicable, then that trade

or business has adopted an impermissible

method of accounting for depreciation

for that residential rental property. As a

result, a change from that impermissible

method of accounting to a method of accounting for depreciation under which the

electing real property trade or business

Bulletin No. 2021–27

determines depreciation for the residential rental property in accordance with

§ 1.168(i)-4(d)(4) or § 1.168(i)-4(d)(5)(ii)

(B), as applicable, by using the straightline method, the 30-year recovery period,

and the mid-month convention under the

ADS is a change in method of accounting

under § 446(e). See § 1.446-1(e)(2)(ii)(d)

(2)(i). An electing real property trade or

business within the scope of section 3 of

this revenue procedure may change from

the impermissible method of determining

depreciation to the permissible method of

determining depreciation for residential

rental property within the scope of section

3 of this revenue procedure in accordance

with section 4.04 of this revenue procedure.

(2) Electing real property trade or business has not adopted a method of accounting for the residential rental property. For

residential rental property that is within

the scope of section 3 of this revenue procedure and held by a trade or business that

is within the scope of section 3 of this revenue procedure and that made the election

under § 163(j)(7)(B) and the regulations

thereunder for the taxable year immediately preceding the year of change, as defined

in section 3.19 of Rev. Proc. 2015-13 (1year residential rental property), the electing real property trade or business may

change from the impermissible method of

determining depreciation to the permissible method of determining depreciation

for the 1-year residential rental property.

This change may be accomplished by filing a Form 3115 in accordance with section 4.04(2) of this revenue procedure,

provided the § 481(a) adjustment reported

on the Form 3115 includes the amount of

any adjustment attributable to all property, including the 1-year residential rental

property, subject to the Form 3115. Alternatively, the electing real property trade or

business may change its depreciation for

the 1-year residential rental property by

filing an amended Federal income tax return or information return, or an AAR, as

applicable, for the election year provided

the amended Federal income tax return or

information return, or AAR, as applicable,

is filed prior to the date the electing real

property trade or business files its Federal income tax return or information return

for the taxable year succeeding the election year.

Bulletin No. 2021–27

.02 Impermissible method to permissible method of general asset account treatment.

(1) In general. If the residential rental

property is within the scope of section 3

of this revenue procedure and is included in a general asset account, an electing

real property trade or business within the

scope of section 3 of this revenue procedure must change to the general asset

account treatment for such property provided in § 1.168(i)-1(h)(2) for the election

year. If an electing real property trade or

business within the scope of section 3 of

this revenue procedure does not change

to such general asset account treatment

for the election year and the subsequent

taxable year, then that trade or business

has adopted an impermissible method of

accounting for general asset account treatment of that residential rental property. As

a result, a change from that impermissible

method of accounting to the method of accounting provided in § 1.168(i)-1(h)(2) is

a change in method of accounting under

§ 446(e). See § 1.446-1(e)(2)(ii)(d)(2)(vi).

An electing real property trade or business

within the scope of section 3 of this revenue procedure may make this change in

method of accounting for residential rental property within the scope of section 3 of

this revenue procedure in accordance with

section 4.04 of this revenue procedure.

(2) Ordering rules. If, for the same taxable year, an electing real property trade

or business within the scope of section

3 of this revenue procedure makes the

change in method of accounting described

in section 4.01 of this revenue procedure

and also makes the change in method of

accounting described in this section 4.02

for the same residential rental property,

the taxpayer applies the change in method

of accounting described in section 4.01 of

this revenue procedure first.

(3) Electing real property trade or

business has not adopted a method of accounting for the residential rental property. For residential rental property that is

within the scope of section 3 of this revenue procedure, is included in a general

asset account, and is held by a trade or

business that is within the scope of section

3 of this revenue procedure and that made

the election under § 163(j)(7)(B) and

the regulations thereunder in the taxable

year immediately preceding the year of

9

change, as defined in section 3.19 of Rev.

Proc. 2015-13 (1-year residential rental

property), the electing real property trade

or business may change to the method of

accounting provided in § 1.168(i)-1(h)(2)

for the 1-year residential rental property.

This change is accomplished by filing

a Form 3115 in accordance with section

4.04(2) of this revenue procedure. Alternatively, the electing real property trade

or business may change to the method of

accounting provided in § 1.168(i)-1(h)(2)

for the 1-year residential rental property

by filing an amended Federal income tax

return or information return, or an AAR, as

applicable, for the election year provided

the amended Federal income tax return or

information return, or AAR, as applicable,

is filed prior to the date the electing real

property trade or business files its Federal tax return or information return for the

taxable year succeeding the election year.

.03 Retroactive change in method of

accounting. The Commissioner allows

an electing real property trade or business within the scope of section 3 of this

revenue procedure to make the change in

methods of accounting described in sections 4.01(1) and 4.02(1) of this revenue

procedure retroactively for residential

rental property within the scope of section

3 of this revenue procedure under section

4.04(1) of this revenue procedure for a

limited period of time, provided the electing real property trade or business files the

amended Federal income tax return(s) or

information return(s), or AAR(s), as applicable, within the time and manner provided in section 4.04(1) of this revenue procedure. A Form 3115 is not required to be

filed with such amended Federal income

tax return(s) or information return(s), or

AAR(s).

.04 Changing to the permissible method

of determining depreciation. The electing

real property trade or business within the

scope of section 3 of this revenue procedure may change from the impermissible

methods of accounting to the permissible

methods of accounting described in sections 4.01(1) and 4.02(1) of this revenue

procedure for residential rental property

within the scope of section 3 of this revenue procedure by filing either:

(1) Except as provided in Rev. Proc.

2021-29, 2021-27 I.R.B. 12, released on

www.irs.gov on June 17, 2021, regarding

July 6, 2021

the time to file amended returns by a partnership subject to the centralized partnership audit regime enacted as part of the

Bipartisan Budget Act of 2015 (BBA partnership), an amended Federal income tax

return or amended Form 1065 for the election year on or before April 15, 2022, but

in no event later than the applicable period

of limitations on assessment for the taxable year for which the amended return is

being filed. In the case of a BBA partnership that chooses not to file an amended

Form 1065 as permitted under Rev. Proc.

2021-29 or that cannot file an amended

Form 1065 because the date for doing so

has expired under Rev. Proc. 2021-29, the

BBA partnership may file an AAR for the

election year on or before April 15, 2022,

but in no event later than the applicable

period of limitations on making adjustments under § 6235 for the reviewed

year as defined in § 301.6241-1(a)(8) of

the Procedure and Administration Regulations. This amended return or Form

1065, or AAR, must include the adjustment to taxable income for the change in

determining depreciation of the residential

rental property and any collateral adjustments to taxable income or to tax liability.

Such collateral adjustments also must be

made on original or amended Federal income tax returns or Forms 1065, or AARs,

for any affected succeeding taxable years.

If the residential rental property is included in a general asset account, the taxpayer also must make the adjustments in

§ 1.168(i)-1(h)(2)(ii) and (iii)(B); or

(2) A Form 3115 under the automatic change procedures or non-automatic

change procedures, as applicable, in Rev.

Proc. 2015-13 (or any successor). If the

electing real property trade or business is

eligible to make this method change under

the automatic change procedures-(a) The method change described in

section 4.01 of this revenue procedure is

described in section 6.05 of Rev. Proc.

2019-43, 2019-48 I.R.B. 1107 (or any

successor), as modified by section 5.02 of

this revenue procedure. The § 481(a) adjustment for such method change as of the

first day of the year of change is calculated

as though the change in use occurred for

the residential rental property in the election year; and

(b) The method change described in

section 4.02 of this revenue procedure is

July 6, 2021

described in section 6.04 of Rev. Proc.

2019-43 (or any successor), as modified

by section 5.02 of this revenue procedure.

This change is made on a modified cut-off

basis, as defined in § 1.446-1(e)(2)(ii)(d)

(5)(iii).

SECTION 5. MODIFICATION TO

REV. PROC. 2019-43

.01 In general. Section 6.04 of Rev.

Proc. 2019-43 provides the procedures

for obtaining automatic consent to change

the method of accounting for general asset account treatment of MACRS property

due to a change in the use. Section 6.05

of Rev. Proc. 2019-43 provides the procedures for obtaining automatic consent to

change the method of accounting for depreciation due to a change in the use of

MACRS property.

.02 Modifications to existing automatic

changes.

(1) Section 6.01(1)(c)(viii) of Rev.

Proc. 2019-43 is modified to read as follows:

(viii) any depreciable property for

which the use changes in the hands of

the same taxpayer. See § 1.446-1(e)

(2)(ii)(d)(3)(ii). But see sections 6.04

and 6.05 of this revenue procedure for

changing to the methods of accounting

provided in § 1.168(i)-1(c)(2)(ii)(I) or

§ 1.168(i)-1(h)(2), and § 1.168(i)-4, respectively. However, an original Form

3115 for a change in method of accounting described in section 6.04 of this revenue procedure and section 4.02 of Rev.

Proc. 2021-28, 2021-27 I.R.B. 5, may

be filed under this section 6.01 instead

of section 6.04 of this revenue procedure

if the original Form 3115 was filed before June 17, 2021, and such change was

made on a modified cut-off basis pursuant to section 6.04(3)(a) of this revenue

procedure. Also, an original Form 3115

for a change in method of accounting

described in section 6.05 of this revenue procedure and section 4.01 of Rev.

Proc. 2021-28, 2021-27 I.R.B. 5, may be

filed under this section 6.01 instead of

section 6.05 of this revenue procedure if

the original Form 3115 was filed before

June 17, 2021, and the § 481(a) adjustment for such change was determined in

accordance with section 6.05(4) of this

revenue procedure.

10

(2) Section 6.04 of Rev. Proc. 201943, as modified by section 6.02(2) of Rev.

Proc. 2020-25, 2020-19 I.R.B. 785, is

modified as follows:

(a) Section 6.04(1)(b) is redesignated

as section 6.04(1)(c).

(b) New section 6.04(1)(b) is added to

read as follows:

(b) Taxpayer has not adopted a method of accounting for the item of property. If a taxpayer does not satisfy section

6.04(1)(a) of this revenue procedure for

an item of MACRS property because a

change in the use of this item of MACRS

property occurred in the taxable year immediately preceding the year of change

(1-year change in use property), the taxpayer may change from the impermissible method for general asset account

treatment to the permissible method

provided in § 1.168(i)-1(c)(2)(ii)(I) or

§ 1.168(i)-1(h)(2) for the 1-year change

in use property by filing a Form 3115.

Alternatively, the taxpayer may change

from the impermissible method for general asset account treatment to the permissible method provided in § 1.168(i)1(c)(2)(ii)(I) or § 1.168(i)-1(h)(2) for a

1-year change in use property by filing

an amended Federal income tax return or

information return, or an administrative

adjustment request under § 6227 (AAR),

as applicable, for the year of change in

the use of such property provided such

filing occurs prior to the date the taxpayer files its Federal income tax return or

information return for the taxable year

succeeding the year of change in the use

of such property.

(c) Redesignated section 6.04(1)(c) is

modified to read as follows:

(c) Inapplicability.

(i) The change described in section

6.04(1)(a) of this revenue procedure does

not apply to any property to which section 4.05 of Rev. Proc. 2020-22, 2020-18

I.R.B. 745, applies unless the taxpayer

and property are within the scope of Rev.

Proc. 2021-28, 2021-27 I.R.B. 5. (See sections 4.02 and 4.03 of Rev. Proc. 2020-22,

as applicable, for making such change for

such property.); and

(ii) The change described in section

6.04(1)(a) of this revenue procedure does

not apply to any property to which section 5.04 of Rev. Proc. 2020-22, 202018 I.R.B. 745, applies. (See section 5.02

Bulletin No. 2021–27

of Rev. Proc. 2020-22 for making such

change for such property.).

(d) Sections 6.04(2) through (5) are redesignated as sections 6.04(3) through (6).

(e) New section 6.04(2) is added to

read as follows:

(2) Certain eligibility rules inapplicable.

(a) In general. The eligibility rule in

section 5.01(1)(d) of Rev. Proc. 2015-13,

2015-5 I.R.B. 419, does not apply to a taxpayer making this change.

(b) Special rule. The eligibility rule in

section 5.01(1)(f) of Rev. Proc. 2015-13,

2015-5 I.R.B. 419, does not apply to a taxpayer within the scope of section 3 of Rev.

Proc. 2021-28, 2021-27 I.R.B. 5, making

this change for any residential rental property within the scope of section 3 of Rev.

Proc. 2021-28, 2021-27 I.R.B. 5, for a taxable year beginning in 2019, 2020, 2021,

or 2022.

(f) Redesignated section 6.04(3)(b) is

modified to read as follows:

(b) Reduced filing requirement for qualified small taxpayers. A qualified small

taxpayer, as defined in section 6.01(4)(b)

of this revenue procedure, is required to

complete only the following information

on Form 3115 (Rev. December 2018) to

make this change:

(i) The identification section of page 1

(above Part I);

(ii) The signature section at the bottom

of page 1;

(iii) Part I;

(iv) Part II, all lines except lines 13,

15b, 16, 17, and 19;

(v) Part IV, line 25; and

(vi) Schedule E, all lines except lines 1,

4c, 5, 6, 7b, and 7c.

(g) Redesignated section 6.04(4) is

modified to read as follows:

(4) Concurrent automatic change.

(a) A taxpayer making this change for

more than one asset for the same year of

change should file a single Form 3115 for

all such assets.

(b) A taxpayer making this change

and a change under section 6.05, section

6.12(3)(b), and/or section 6.15 of this

revenue procedure for the same year of

change should file a single Form 3115

for all such changes and must enter the

designated automatic accounting method

change numbers for the changes on the

appropriate line on the Form 3115. See

Bulletin No. 2021–27

section 6.03(1)(b) of Rev. Proc. 2015-13

for information on making concurrent

changes.

(3) Section 6.05 of Rev. Proc. 201943, as modified by section 6.02(3) of Rev.

Proc. 2020-25, is modified as follows:

(a) Section 6.05(1)(b) is redesignated

as section 6.05(1)(c).

(b) New section 6.05(1)(b) is added to

read as follows:

(b) Taxpayer has not adopted a method of accounting for the item of property. If a taxpayer does not satisfy section

6.05(1)(a)(i) of this revenue procedure

for an item of MACRS property because a change in the use of this item of

MACRS property occurred in the taxable

year immediately preceding the year of

change (1-year change in use property), the taxpayer may change from the

impermissible method of determining

depreciation to the permissible method

of determining depreciation provided in

§ 1.168(i)-4 for the 1-year change in use

property by filing a Form 3115 for this

change, provided the § 481(a) adjustment

reported on the Form 3115 includes the

amount of any adjustment that is attributable to all property (including the 1-year

change in use property) subject to the

Form 3115. Alternatively, the taxpayer may change from the impermissible

method of determining depreciation to

the permissible method of determining

depreciation provided in § 1.168(i)-4 for

a 1-year change in use property by filing

an amended Federal income tax return or

information return, or an administrative

adjustment request under § 6227 (AAR),

as applicable, for the year of change in

the use of such property provided such

filing occurs prior to the date the taxpayer files its Federal income tax return or

information return for the taxable year

succeeding the year of change in the use

of such property.

(c) Redesignated section 6.05(1)(c) is

modified to read as follows:

(c) Inapplicability.

(i) The change described in section

6.05(1)(a)(i) of this revenue procedure

does not apply to any property to which

section 4.05 of Rev. Proc. 2020-22, 202018 I.R.B. 745, applies unless the taxpayer

and property are within the scope of Rev.

Proc. 2021-28, 2021-27 I.R.B. 5. (See sections 4.02 and 4.03 of Rev. Proc. 2020-22,

11

as applicable, for making such change for

such property.);

(ii) The change described in section

6.05(1)(a)(i) of this revenue procedure

does not apply to any property to which

section 5.04 of Rev. Proc. 2020-22, 202018 I.R.B. 745, applies. (See section 5.02

of Rev. Proc. 2020-22 for making such

change for such property.); and

(iii) The change described in this section 6.05 does not apply to any property

that is not owned by the taxpayer at the

beginning of the year of change.

(d) Sections 6.05(2) through (6) are redesignated as sections 6.05(3) through (7).

(e) New section 6.05(2) is added to

read as follows:

(2) Certain eligibility rules inapplicable.

(a) In general. The eligibility rule in

section 5.01(1)(d) of Rev. Proc. 2015-13,

2015-5 I.R.B. 419, does not apply to a taxpayer making this change.

(b) Special rule. The eligibility rule in

section 5.01(1)(f) of Rev. Proc. 2015-13,

2015-5 I.R.B. 419, does not apply to a taxpayer within the scope of section 3 of Rev.

Proc. 2021-28, 2021-27 I.R.B. 5, making

this change for any residential rental property within the scope of section 3 of Rev.

Proc. 2021-28, 2021-27 I.R.B. 5, for a taxable year beginning in 2019, 2020, 2021,

or 2022.

(f) Redesignated section 6.05(3) is

modified to read as follows:

(3) Reduced filing requirement for qualified small taxpayers. A qualified small

taxpayer, as defined in section 6.01(4)(b)

of this revenue procedure, is required to

complete only the following information

on Form 3115 (Rev. December 2018) to

make this change:

(a) The identification section of page 1

(above Part I);

(b) The signature section at the bottom

of page 1;

(c) Part I;

(d) Part II, all lines except lines 13,

15b, 16, 17, and 19;

(e) Part IV, all lines except line 25; and

(f) Schedule E, all lines except lines 1,

4c, 5, 6, 7b, and 7c.

(g) Redesignated section 6.05(5) is

modified to read as follows:

(5) Concurrent automatic change.

(a) A taxpayer making this change for

more than one asset for the same year of

change should file a single Form 3115

July 6, 2021

for all such assets and provide a single

net § 481(a) adjustment for all the changes included in that Form 3115. If one or

more of the changes in that single Form

3115 generate a negative § 481(a) adjustment and other changes in that same Form

3115 generate a positive § 481(a) adjustment, the taxpayer may provide a single

negative § 481(a) adjustment for all the

changes that are included in that Form

3115 generating such adjustment and a

single positive § 481(a) adjustment for all

the changes that are included in that Form

3115 generating such adjustment.

(b) A taxpayer making this change and a

change under section 6.04, section 6.12(3)

(b), and/or section 6.15 of this revenue

procedure for the same year of change

should file a single Form 3115 for all such

changes and must enter the designated automatic accounting method change numbers for the changes on the appropriate

line on the Form 3115. See section 6.03(1)

(b) of Rev. Proc. 2015-13 for information

on making concurrent changes.

SECTION 6. MODIFICATION TO

REV. PROC. 2019-08

New section 4.01(3) of Rev. Proc.

2019-08 is added to read as follows:

(3) Residential rental property held by

an electing real property trade or business.

Notwithstanding section 4.01(1) of this revenue procedure, the recovery period under

the table in § 168(g)(2)(C) for taxable years

beginning after December 31, 2017, is 30

years for residential rental property that:

(a) was placed in service by (i) the taxpayer before January 1, 2018, or (ii) the

transferor of the residential rental property

before January 1, 2018, if the acquisition

of such property by the transferee-taxpayer is subject to § 168(i)(7),

(b) is held by an electing real property

trade or business as defined in § 163(j)(7)

(B) and the regulations thereunder, and

(c) was not subject to § 168(g)(1)(A),

(B), (C), (D), or (E) prior to January 1,

2018, in the hands of (i) the taxpayer or

(ii) the transferor if the acquisition of such

property by the transferee-taxpayer is subject to § 168(i)(7).

See Rev. Proc. 2021-28, 2021-27

I.R.B. 5, for further guidance. In particular, see section 3.03 of Rev. Proc. 2021-28

regarding the rules applicable to acquisi-

July 6, 2021

tions of residential rental property subject

to § 168(i)(7).

SECTION 7. EFFECT ON OTHER

DOCUMENTS

.01 Section 4.01 of Rev. Proc. 2019-08

is modified.

.02 Sections 6.01, 6.04, and 6.05 of

Rev. Proc. 2019-43 are modified.

SECTION 8. EFFECTIVE DATE

This revenue procedure is effective

June 17, 2021.

SECTION 9. DRAFTING

INFORMATION

The principal author of this revenue

procedure is Jaime C. Park of the Office

of Associate Chief Counsel (Income Tax

& Accounting). For further information

regarding this revenue procedure contact

Patrick Clinton at (202) 317-4651 (not a

toll-free number).

26 CFR 601.601. Rules and regulations.

(Also Part I, §§ 6031, 6222, 6227.)

Rev. Proc. 2021-29

SECTION 1. PURPOSE

This revenue procedure allows eligible partnerships to file amended partnership returns for taxable years beginning in

2018, 2019, and 2020 using a Form 1065,

U.S. Return of Partnership Income (Form

1065), with the “Amended Return” box

checked, and issue an amended Schedule

K-1, Partner’s Share of Income, Deductions, Credits, etc. (Schedule K-1), to each

of its partners. The option to file amended

returns only applies to partnerships satisfying the requirements of section 3 of this

revenue procedure.

SECTION 2. BACKGROUND

.01 Section 1101(a) of the Bipartisan

Budget Act of 2015 (BBA), P.L. 114-74,

Title XI (November 2, 2015), replaced subchapter C of chapter 63 of subtitle F of the

Internal Revenue Code (Code) effective for

partnership taxable years beginning after

12

December 31, 2017. Prior to the enactment

of the BBA, subchapter C of chapter 63

contained the unified partnership audit and

litigation rules enacted by the Tax Equity

and Fiscal Responsibility Act of 1982 (TEFRA), P.L. 97–248 (September 3, 1982),

that were commonly referred to as the

TEFRA partnership procedures. Section

1101(c) of the BBA replaced the TEFRA

partnership procedures with a centralized

partnership audit regime that, in general,

determines, assesses, and collects tax at the

partnership level. The centralized partnership audit procedures enacted by the BBA

are found at sections 6221 through 6241 of

the Code. The centralized partnership audit

procedures apply to all partnerships, unless

the partnership makes a valid election under section 6221(b) not to have those procedures apply. Partnerships subject to the

centralized partnership audit regime are

referred to as BBA partnerships.

.02 Section 6031(a) of the Code requires every partnership to file a return for

each taxable year stating the items of its

gross income and the deductions allowable by subtitle A of the Code and such

other information as required by forms

and regulations, including information

about the partners in the partnership. For

a partnership, the return required by section 6031(a) is Form 1065, which includes

Schedules K-1. A Schedule K-1 reports a

partner’s name, taxpayer identification

number, and distributive share of partnership-related items and other information related to the partner’s interest in the

partnership. Section 6031(b) requires that

a partnership required to file a return under section 6031(a) furnish a copy of the

Schedule K-1 to each partner that includes

such information as may be required to be

shown by regulations. In general, section

6031(b) also prohibits BBA partnerships

from amending the information required

to be furnished to their partners after the

due date of the return, unless specifically

provided by the Secretary of the Treasury

or her delegate. This revenue procedure

exercises that authority to allow a BBA

partnership to file an amended partnership

return and furnish amended Schedules

K-1 under the circumstances described in

this revenue procedure.

.03 Section 6222(a) of the Code requires partners in a BBA partnership to

treat partnership-related items, as defined

Bulletin No. 2021–27

in section 6241 and the corresponding

regulations, consistently on the partner’s

return with how the BBA partnership

treated such items on its return. This consistency requirement generally applies to

all partners. Consistent treatment with

the partnership generally requires that

partners in a BBA partnership file their

returns consistent with the information

reported to them on the Schedule K-1.

.04 Section 202 of the Taxpayer Certainty and Disaster Tax Relief Act of 2020

(TCDTRA) was enacted as part of Title II

of Division EE of the Consolidated Appropriations Act, 2021, Pub. L. No. 116260, 134 Stat. 1182 (December 27, 2020).

Section 202 of the TCDTRA retroactively

allows a recovery period of 30 years under the alternative depreciation system

(ADS) in section 168(g) of the Code for

certain residential rental property, as defined in section 168(e)(2)(A) of the Code,

placed in service before January 1, 2018,

held by an electing real property trade or

business as defined in section 163(j)(7)(B)

of the Code, and not previously subject to

the ADS. This revenue procedure explains

how a BBA partnership that wishes to

change its recovery period under section

168(g) of the Code for such property in accordance with section 202 of the TCDTRA

may do so without filing an administrative

adjustment request (AAR) under section

6227 of the Code. This revenue procedure

is intended to be implemented in tandem

with Revenue Procedure 2021-28, 202127 I.R.B. 5, released on June 17, 2021.

.05 This revenue procedure allows

BBA partnerships the option to file an

amended return instead of an AAR,

though it does not prevent a partnership

from filing an AAR to obtain the benefits

of the TCDTRA or any other tax benefits to which the partnership is entitled. A

BBA partnership that files an amended return pursuant to this revenue procedure is

still subject to the centralized partnership

audit procedures enacted by the BBA.

SECTION 3. AMENDED RETURN

OPTION PROVIDED TO ELIGIBLE

BBA PARTNERSHIPS FOR THE

2018, 2019, AND 2020 TAXABLE

YEARS

.01 Scope. The filing and furnishing

option provided by section 3.02 of this

Bulletin No. 2021–27

revenue procedure applies to BBA partnerships described in section 3.03 of this

revenue procedure for the taxable years

described in section 3.04 of this revenue

procedure.

.02 Option to file amended return.

BBA partnerships that filed a Form 1065

and furnished all required Schedules K-1

for the taxable years beginning in 2018,

2019, or 2020 and did so prior to the issuance of this revenue procedure may

file amended partnership returns and furnish corresponding Schedules K-1 on or

before October 15, 2021. The amended

returns must take into account tax changes under section 202 of the TCDTRA,

but eligible BBA partnerships under section 3.03 of this revenue procedure may

make any changes on their amended returns.

.03 Eligible BBA partnerships.

(1) The filing and furnishing option

provided in section 3.02 of this revenue

procedure is available only to BBA partnerships that filed Forms 1065 and furnished Schedules K-1 for the partnership

taxable years beginning in 2018, 2019, or

2020 and did so prior to the issuance of

this revenue procedure. The filing and furnishing option in section 3.02 of the revenue procedure is only available to:

(a) BBA partnerships within the scope

of section 3 of Rev. Proc. 2021-28 that

have residential rental property within the

scope of section 3 of Rev. Proc. 2021-28

and that choose to change either or both

of their method of depreciation or general

asset account treatment for such property

by filing an amended Form 1065 in accordance with procedures in sections 4.01(2),

4.02(3), or 4.04(1) of Rev. Proc. 2021-28

as applicable, or

(b) BBA partnerships within the scope

of section 3.01(1) of Revenue Procedure

2020-22, 2020-18 I.R.B. 745, that choose

to make a late section 163(j)(7) election

by filing an amended Form 1065 in accordance with procedures in section 4 of Rev.

Proc. 2020-22.

(2) For purposes of section 6222, the

amended return replaces any prior return

(including any AAR filed by the partnership) for the taxable year for purposes of

determining the partnership’s treatment

of partnership-related items. See section

4.03 of this revenue procedure for a special rule regarding partnerships who have

13

previously filed AARs for an affected taxable year.

.04 Eligible taxable years. The filing

and furnishing option provided in this revenue procedure applies only to partnership

taxable years that began in 2018, 2019, or

2020.

SECTION 4. PROCEDURE

.01 Filing requirements. To take advantage of the option to file an amended

return provided by section 3 of this revenue procedure, a BBA partnership must

file a Form 1065 (with the “Amended

Return” box checked) and furnish corresponding amended Schedules K-1. The

BBA partnership must clearly indicate

the application of this revenue procedure

on the amended return and write “FILED

PURSUANT TO REV PROC 2021-29”

at the top of the amended return and attach a statement with each Schedule K-1

furnished to its partners with the same

notation. The BBA partnership may file

electronically or by mail but filing electronically may allow for faster processing

of the amended return.

.02 Special rule for BBA partnerships

whose returns are under examination. If

a BBA partnership is currently under examination for a taxable year beginning in

2018, 2019, or 2020 and wishes to take

advantage of the option to file an amended

return provided by section 3 of this revenue procedure, the partnership may only

do so if the partnership sends notice in

writing to the revenue agent coordinating

the partnership’s examination that the partnership seeks to use the amended return

option described in this revenue procedure

prior to or contemporaneously with filing

the amended return as described in section 4.01 of this revenue procedure. The

partnership must also provide the revenue

agent with a copy of the amended return

upon filing.

.03 Special rule for BBA partnerships

who have previously filed an AAR. If a

BBA partnership has previously filed an

AAR and wishes to file an amended return

pursuant to this revenue procedure for the

same taxable year, the partnership should

use the items as adjusted in the AAR,

where applicable, in lieu of any reporting

from the originally filed partnership return.

July 6, 2021

.04 Coordination with Notice 201946. If, under Notice 2019-46, 2019-37

I.R.B. 695, a partnership has applied

the rules of the proposed GILTI regulations under proposed §1.951A-5 of the

Income Tax Regulations for its taxable

years ending before June 22, 2019 (Form

1065, Form 8992, U.S Shareholder Calculation of Global Intangible Low-Taxed

Income (GILTI), and Schedules K-1),

the partnership may continue to apply

the rules of proposed §1.951A-5 for purposes of filing an amended Form 1065

for taxable years to which Notice 2019-

July 6, 2021

46 applies under this revenue procedure

if the partnership furnishes amended

Schedules K-1 consistent with those proposed regulations and provides appropriate notifications to its partners under

the principles of section 5.01 of Notice

2019-46 within the period described in

section 3.02 of this revenue procedure.

Nothing in this revenue procedure

changes a partnership’s obligation to

provide information described in section

5.02 of Notice 2019-46. If a partnership

applies the final GILTI regulations under

§1.951A-1(e), any amended Schedules

14

K-1 issued under this revenue procedure

must be consistent with those final regulations.

SECTION 5. DRAFTING

INFORMATION

The principal author of this revenue

procedure is Joy E. Gerdy Zogby of the

Office of the Associate Chief Counsel

(Procedure and Administration). For further information, please contact 202-3174927 (not a toll-free number).

Bulletin No. 2021–27

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. 2021–27

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.

July 6, 2021

Numerical Finding List1

Bulletin 2021–27

Notices:

2021-39, 2021-27 I.R.B. 3

Revenue Procedures:

2021-28, 2021-27 I.R.B. 5

2021-29, 2021-27 I.R.B. 12

Revenue Rulings:

2021-12, 2021-27 I.R.B. 1

A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2021–27 through 2021–52 is in Internal Revenue Bulletin

2021–52, dated December 27, 2021.

1

July 6, 2021

ii

Bulletin No. 2021–27

Finding List of Current Actions on

Previously Published Items1

Bulletin 2021–27

A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2021–27 through 2021–52 is in Internal Revenue Bulletin

2021–52, dated December 27, 2021.

1

Bulletin No. 2021–27

iii

July 6, 2021

Internal Revenue Service

Washington, DC 20224

Official Business

Penalty for Private Use, $300

INTERNAL REVENUE BULLETIN

The Introduction at the beginning of this issue describes the purpose and content of this publication. The weekly Internal Revenue

Bulletins are available at www.irs.gov/irb/.

We Welcome Comments About the Internal Revenue Bulletin

If you have comments concerning the format or production of the Internal Revenue Bulletin or suggestions for improving it,

we would be pleased to hear from you. You can email us your suggestions or comments through the IRS Internet Home Page

www.irs.gov) or write to the Internal Revenue Service, Publishing Division, IRB Publishing Program Desk, 1111 Constitution Ave.

NW, IR-6230 Washington, DC 20224.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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