Bulletin No. 2022–48

HIGHLIGHTS

OF THIS ISSUE





Bulletin No. 2022–48

November 28, 2022

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.

EMPLOYEE PLANS, EXCISE TAX

Notice 2022-59, page 498.

Sections 4375 and 4376 impose a fee on issuers of

specified health insurance policies and plan sponsors

of applicable self-insured health plans to help fund

the Patient-Centered Outcomes Research Trust Fund.

The fee is determined by multiplying the applicable

dollar amount for that year by the average number

of lives covered during the year. The applicable dollar

amount is based on increases in the projected per capita amount of National Health Expenditures, as most

recently released by HHS. Notice 2022-4 provided that

the adjusted applicable dollar amount for policy years

and plan years ending on or after October 1, 2021,

and before October 1, 2022, is $2.79. Notice 202259 provides that the adjusted applicable dollar amount

that applies for determining the PCORTF fee for policy years and plan years ending on or after October

1, 2022, and before October 1, 2023, is $3.00. This

amount has been determined by Treasury economists

using the percentage increase in the projected per capita amount of National Health Expenditures published

Finding Lists begin on page ii.

by HHS in March 2022 (Table 3) and the adjustment, as

determined by Treasury economists, for year to year

variations.

INCOME TAX

Announcement 2022-23, page 499.

Following enactment of Public Law 117-169, 136 Stat.

1818 (August 16, 2022), commonly known as the Inflation Reduction Act of 2022 (IRA), this announcement

notifies taxpayers of new credit amounts for calendar

year 2022 for the renewable electricity production

credit under § 45 of the Internal Revenue Code (§

45 credit) in the case of any qualified facility placed

in service after December 31, 2021. Because the IRA

changed the manner in which the § 45 credit amounts

are calculated in the case of any qualified facility placed

in service after December 31, 2021, this announcement supplements the § 45 credit amounts as originally

published in Notice 2022-20, 2022-21 I.R.B. 1095. In

the case of any qualified facility placed in service before

January 1, 2022, the § 45 credit amounts published in

Notice 2022-20 remain unchanged.

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.

November 28, 2022 

Bulletin No. 2022–48

Part III

Sections 4375 & 4376 –

Insured and Self-Insured

Health Plans Adjusted

Applicable Dollar Amount

for Fee Imposed by

Sections 4375 and 4376

Notice 2022-59

I. PURPOSE

This notice provides the adjusted applicable dollar amount to be multiplied by

the average number of covered lives for

purposes of calculating the fee imposed

by sections 4375 and 4376 of the Internal

Revenue Code for policy years and plan

years that end on or after October 1, 2022,

and before October 1, 2023.

II. BACKGROUND

Section 4375 imposes a fee on the

issuer of a specified health insurance policy for each policy year ending after September 30, 2012, and before October 1,

2029. Section 4376 imposes a fee on the

plan sponsor of an applicable self-insured

health plan for each plan year ending after

September 30, 2012, and before October

1, 2029. The fee imposed by sections 4375

and 4376 helps to fund the Patient-Centered Outcomes Research Trust Fund

(PCORTF) and is calculated using the

average number of lives covered under

the policy or plan and the applicable dollar

amount for that policy year or plan year.

Under sections 4375(a) and 4376(a), the

applicable dollar amount is $2 for policy

1

2

and plan years ending on or after October 1, 2013, and before October 1, 2014.1

See Treas. Reg. §§ 46.4375-1(c)(4) and

46.4376-1(c)(3).

Under sections 4375(d) and 4376(d)

and §§ 46.4375-1(c)(4) and 46.43761(c)(3), the applicable dollar amount for

policy years and plan years ending in

any Federal fiscal year beginning on or

after October 1, 2014, is increased based

on increases in the projected per capita

amount of National Health Expenditures.

Specifically, the applicable dollar

amount is the sum of—

(i) The applicable dollar amount for the

policy year or plan year ending in the

previous Federal fiscal year; plus

(ii) The amount equal to the product of—

(A) The applicable dollar amount for

the policy year or plan year ending in the previous Federal fiscal

year; and

(B) The percentage increase in the

projected per capita amount of

the National Health Expenditures, as most recently released

by the Department of Health and

Human Services (HHS) before

the beginning of the Federal fiscal year.

Notice 2022-4, 2022-2 IRB 309, provides that the adjusted applicable dollar

amount for policy years and plan years

that end on or after October 1, 2021, and

before October 1, 2022, is $2.79.

III. ADJUSTED APPLICABLE

DOLLAR AMOUNT

The applicable dollar amount that

must be used to calculate the fee imposed

by sections 4375 and 4376 for policy

years and plan years that end on or after

October 1, 2022, and before October 1,

2023, is $3.00. The increase from the

prior applicable dollar amount is calculated by multiplying $2.79 (which is

the adjusted applicable dollar amount

for policy years and plan years ending

in the previous Federal fiscal year) by

the percentage increase of the projected

per capita amount of National Health

Expenditures published by HHS on

March 24, 2022. See: https://www.cms.

gov/Research-Statistics-Data-and-Systems/Statistics-Trends-and-Reports/

NationalHealthExpendData/NationalHealthAccountsProjected.html,

Table

3. The percentage increase is calculated

after adjustment to reflect updates to the

data used to calculate the prior applicable

dollar amount, $2.79, which was based

on the per capita amounts of National

Health Expenditures for 2021 and 2022

published by HHS on March 20, 2019.2

IV. EFFECTIVE DATE

This notice is effective for policy years

and plan years ending on or after October

1, 2022, and before October 1, 2023.

V. DRAFTING INFORMATION

The principal author of this notice is

Jason Sandoval of the Office of Associate Chief Counsel (Employee Benefits,

Exempt Organizations, and Employment Taxes). For further information

regarding this notice, contact Mr. Sandoval at 202–317–5500 (not a toll-free

number).

The applicable dollar amount is $1 for policy and plan years ending before October 1, 2013.

HHS did not publish updated National Health Expenditures tables for fiscal year 2021.

November 28, 2022

498

Bulletin No. 2022–48

Part IV

Renewable Electricity

Production Credit Amounts

for Calendar Year 2022

Announcement 2022-23

This announcement notifies taxpayers

of new credit amounts for calendar year

2022 for the renewable electricity production credit under § 45 of the Internal

Revenue Code (§ 45 credit) in the case

of any qualified facility placed in service

after December 31, 2021. Section 45 was

amended by § 13101 of Public Law 117169, 136 Stat. 1818 (August 16, 2022),

commonly known as the Inflation Reduction Act of 2022 (IRA). Because the IRA

changed the manner in which the § 45

credit amounts are calculated in the case

of any qualified facility placed in service

after December 31, 2021, this announcement supplements the § 45 credit amounts

as originally published in Notice 2022-20,

2022-21 I.R.B. 1095. In the case of any

qualified facility placed in service before

January 1, 2022, the § 45 credit amounts

published in Notice 2022-20 remain

unchanged.

As amended, § 45(a) provides that

the § 45 credit for any taxable year is an

amount equal to the product of 0.3 cents

multiplied by the kilowatt hours of electricity produced by the taxpayer and sold

to an unrelated person during the taxable year. This electricity must be produced from qualified energy resources

at a qualified facility during the 10-year

period beginning on the date the facility

was originally placed in service.

Under amended § 45(b)(2), the 0.3

cent amount referenced in § 45(a) is

adjusted by multiplying such amount by

the inflation adjustment factor for the calendar year in which the sale occurs. If the

0.3 cent amount as adjusted for inflation

is not a multiple of 0.05 cent, the amount

is rounded to the nearest multiple of

0.05 cent.

In the case of electricity produced in

open-loop biomass facilities, landfill gas

facilities, trash facilities, qualified hydropower facilities, and marine and hydrokinetic renewable energy facilities, § 45(b)

(4)(A) requires the amount in effect under

§ 45(a)(1) (determined before the application of the last two sentences of § 45(b)(2)

regarding rounding) to be reduced by onehalf. As amended, § 45(b)(4)(A) no longer

applies to qualified hydropower facilities

and marine and hydrokinetic renewable

energy facilities placed in service after

December 31, 2022.

New § 45(b)(6)(A) provides that, in the

case of any qualified facility that satisfies

the requirements of § 45(b)(6)(B), the

credit amount determined under § 45(a)

(determined after the application of

§ 45(b)(1) through (5)1 and without regard

to § 45(b)(6)) is equal to such amount

multiplied by 5. A qualified facility satisfies the requirements of § 45(b)(6)(B) if

it is placed in service after December 31,

2021, and is one of the following: (i) a

facility with a maximum net output of less

than 1 megawatt (as measured in alternating current); (ii) a facility the construction

of which begins prior to the date that is

60 days after the Secretary of the Treasury

or her delegate publishes guidance with

respect to the requirements of § 45(b)(7)

(A) (prevailing wage requirements) and

§ 45(b)(8) (apprenticeship requirements);2

or (iii) a facility that satisfies the requirements of § 45(b)(7)(A) and (8).

Under the calculations required by

§ 45(b)(2) and § 45(b)(6)(A), the § 45

credit for calendar year 2022 under § 45(a)

is 2.75 cents3 per kilowatt hour on the sale

of electricity produced in any qualified

facility placed in service after December 31, 2021, from the qualified energy

resources of wind, closed-loop biomass,

geothermal energy, and solar energy.

Under the calculations required by

§ 45(b)(2), § 45(b)(4)(A), and § 45(b)(6)

(A), the § 45 credit for renewable electricity production for calendar year 2022

under § 45(a) is 1.25 cents4 per kilowatt

hour on the sale of electricity produced

in any qualified facility placed in service

after December 31, 2021, that is an openloop biomass facility, a landfill gas facility, a trash facility, a qualified hydropower

facility, or a marine and hydrokinetic

renewable energy facility.

The principal author of this announcement is Charles Hyde of the Office of

Associate Chief Counsel (Passthroughs &

Special Industries). For further information regarding this announcement contact

Mr. Hyde at (202) 317-6853 (not a tollfree number).

The phaseout of the § 45 credit for wind facilities provided in § 45(b)(5) does not apply to facilities placed in service after December 31, 2021.

The publication of this announcement is not the publication of guidance with respect to the prevailing wage and apprenticeship requirements described in § 45(b)(6)(B)(ii), and it is not

relevant in determining whether the prevailing wage and apprenticeship requirements are satisfied under § 45 or any other provision of the Internal Revenue Code. The Department of the

Treasury and the Internal Revenue Service will explicitly identify when guidance with respect to the prevailing wage and apprenticeship requirements that is relevant for determining whether

such requirements have been satisfied for purposes of any provision of the Internal Revenue Code has been published.

3

This number is determined by multiplying the base credit amount of 0.3 cent by the 2022 inflation adjustment factor (1.7593), then rounding to the nearest multiple of 0.05 cent. The rounded

number is then multiplied by 5. All calendar year 2022 sales of kilowatt hours of electricity produced in any qualified facility placed in service after December 31, 2021, from the qualified

energy resources of wind, closed-loop biomass, geothermal energy, and solar energy, will meet the requirements for the 5X credit multiplier under § 45(b)(6)(A).

4

This number is determined by multiplying the base credit amount of 0.3 cent by the 2022 inflation adjustment factor (1.7593), then reducing this number by one-half, before rounding to the

nearest multiple of 0.05 cent. The rounded number is then multiplied by 5. All calendar year 2022 sales of kilowatt hours of electricity produced in any qualified facility placed in service

after December 31, 2021, that is an open-loop biomass facility, a landfill gas facility, a trash facility, a qualified hydropower facility, or a marine and hydrokinetic renewable energy facility,

will meet the requirements for the 5X credit multiplier under § 45(b)(6)(A).

1

2

Bulletin No. 2022–48

499

November 28, 2022

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. 2022–48

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.

November 28, 2022

Numerical Finding List1

Revenue Procedures:

2022-14, 2022-31 I.R.B. 136

2022-15, 2022-31 I.R.B. 136

2022-16, 2022-33 I.R.B. 144

2022-17, 2022-35 I.R.B. 179

2022-18, 2022-36 I.R.B. 190

2022-19, 2022-36 I.R.B. 191

2022-20, 2022-38 I.R.B. 238

2022-21, 2022-46 I.R.B. 464

2022-22, 2022-47 I.R.B. 497

2022-23, 2022-48 I.R.B. 499

2022-25, 2022-27 I.R.B. 3

2022-28, 2022-27 I.R.B. 65

2022-26, 2022-29 I.R.B. 90

2022-32, 2022-30 I.R.B. 101

2022-30, 2022-31 I.R.B. 112

2022-29, 2022-33 I.R.B. 141

2022-34, 2022-33 I.R.B. 143

2022-35, 2022-40 I.R.B. 270

2022-36, 2022-40 I.R.B. 274

2022-19, 2022-41 I.R.B. 282

2022-31, 2022-43 I.R.B. 339

2022-37, 2022-43 I.R.B. 377

2022-38, 2022-45 I.R.B. 445

2022-40, 2022-47 I.R.B. 487

Notices:

Revenue Rulings:

2022-29, 2022-28 I.R.B. 66

2022-30, 2022-28 I.R.B. 70

2022-31, 2022-29 I.R.B. 85

2022-32, 2022-32 I.R.B. 137

2022-33, 2022-34 I.R.B. 147

2022-34, 2022-34 I.R.B. 150

2022-35, 2022-36 I.R.B. 184

2022-36, 2022-36 I.R.B. 188

2022-37, 2022-37 I.R.B. 234

2022-38, 2022-39 I.R.B. 239

2022-39, 2022-40 I.R.B. 264

2022-40, 2022-40 I.R.B. 266

2022-42, 2022-41 I.R.B. 276

2022-44, 2022-41 I.R.B. 277

2022-43, 2022-42 I.R.B. 303

2022-45, 2022-42 I.R.B. 307

2022-41, 2022-43 I.R.B. 304

2022-46, 2022-43 I.R.B. 306

2022-47, 2022-43 I.R.B. 312

2022-48, 2022-43 I.R.B. 316

2022-49, 2022-43 I.R.B. 321

2022-50, 2022-43 I.R.B. 325

2022-51, 2022-43 I.R.B. 331

2022-52, 2022-43 I.R.B. 337

2022-53, 2022-45 I.R.B. 437

2022-54, 2022-45 I.R.B. 439

2022-55, 2022-45 I.R.B. 443

2022-56, 2022-47 I.R.B. 480

2022-57, 2022-47 I.R.B. 482

2022-58, 2022-47 I.R.B. 483

2022-59, 2022-48 I.R.B. 498

2022-12, 2022-27 I.R.B. 1

2022-13, 2022-30 I.R.B. 99

2022-14, 2022-31 I.R.B. 110

2022-15, 2022-35 I.R.B. 152

2022-17, 2022-36 I.R.B. 182

2022-18, 2022-40 I.R.B. 262

2022-19, 2022-44 I.R.B. 379

2022-20, 2022-45 I.R.B. 407

2022-21, 2022-47 I.R.B. 468

Bulletin 2022–48

Announcements:

Treasury Decisions:

9963, 2022-34 I.R.B. 145

9964, 2022-35 I.R.B. 172

9965, 2022-37 I.R.B. 192

9966, 2022-44 I.R.B. 380

9967, 2022-44 I.R.B. 385

9968, 2022-45 I.R.B. 409

Proposed Regulations:

REG-130975-08, 2022-28 I.R.B. 71

REG 130675-17, 2022-30 I.R.B. 104

REG-125693-19, 2022-39 I.R.B. 241

REG-110368-22, 2022-44 I.R.B. 405

REG-100719-21, 2022-45 I.R.B. 457

REG-121509-00, 2022-45 I.R.B. 463

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

November 28, 2022

ii

Bulletin No. 2022–48

Finding List of Current Actions on

Previously Published Items1

Bulletin 2022–48

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. 2022–48

iii

November 28, 2022

Internal Revenue Service

Washington, DC 20224

Official Business

Penalty for Private Use, $300

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