Bulletin No. 2021–21

HIGHLIGHTS

OF THIS ISSUE





Bulletin No. 2021–21

May 24, 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.

EMPLOYEE PLANS, INCOME TAX

Rev. Proc. 2021-25, page 1161.

This revenue procedure provides the 2022 inflation adjusted

amounts for Health Savings Accounts (HSAs) as determined

under § 223 of the Internal Revenue Code and the maximum

amount that may be made newly available for excepted benefit health reimbursement arrangements (HRAs) provided under § 54.9831-1(c)(3)(viii) of the Treasury Regulations.

INCOME TAX

AOD 2021-2, page 1156.

Nonacquiescence to the holding that the economic benefits

of a compensatory split-dollar life insurance arrangement

may be treated as a distribution with respect to stock under

I.R.C. § 301.

Notice 2021-26, page 1157.

This notice addresses the taxation of dependent care benefits, provided through a dependent care assistance program,

available in taxable years ending in 2021 and 2022 due to

Finding Lists begin on page ii.

the application of either the carryover or the extension of a

claims period under § 214 of the Taxpayer Certainty and Disaster Tax Relief Act of 2020, enacted as Division EE of the

Consolidated Appropriations Act, 2021, Pub. L. 116-260,

134 Stat. 1182 (Dec. 27, 2020). The notice clarifies that

if these dependent care benefits would have been excluded

from income if used during the preceding taxable year (that

is, during the taxable year ending in 2020 or 2021, as applicable), they will remain excludable from gross income and

are not wages of the employee for the taxable years ending

in 2021 and 2022. In addition, the notice clarifies that these

benefits will not be taken into account for purposes of the

application of the limits under § 129 of the Internal Revenue

Code to other dependent care benefits available for the taxable years ending in 2021 and 2022.

Notice 2021-32, page 1159.

This notice provides the inflation adjustment factors and reference prices for calendar year 2021 that are used to determine the availability of the renewable electricity production

credit, the refined coal production credit, and the Indian coal

production credit under section 45. The notice also provides

the credit amounts for calendar year 2021 under section 45.

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.

May 24, 2021 

Bulletin No. 2021–21

Actions Relating to Court

Decisions

It is the policy of the Internal Reve­

nue Service to announce at an early date

whether it will follow the holdings in cer­

tain cases. An Action on Decision is the

document making such an announcement.

An Action on Decision will be issued at

the discretion of the Service only on un­

appealed issues decided adverse to the

government. Generally, an Action on De­

cision is issued where its guidance would

be helpful to Service personnel working

with the same or similar issues. Unlike a

Treasury Regulation or a Revenue Ruling,

an Action on Decision is not an affirma­

tive statement of Service position. It is not

intended to serve as public guidance and

may not be cited as precedent.

Actions on Decisions shall be relied

upon within the Service only as conclu­

sions applying the law to the facts in the

particular case at the time the Action on

Decision was issued. Caution should be

exercised in extending the recommenda­

1

tion of the Action on Decision to similar

cases where the facts are different. More­

over, the recommendation in the Action

on Decision may be superseded by new

legislation, regulations, rulings, cases, or

Actions on Decisions.

Prior to 1991, the Service published

acquiescence or nonacquiescence only in

certain regular Tax Court opinions. The

Service has expanded its acquiescence

program to include other civil tax cases

where guidance is determined to be help­

ful. Accordingly, the Service now may

acquiesce or nonacquiesce in the holdings

of memorandum Tax Court opinions, as

well as those of the United States District

Courts, Claims Court, and Circuit Courts

of Appeal. Regardless of the court decid­

ing the case, the recommendation of any

Action on Decision will be published in

the Internal Revenue Bulletin.

The recommendation in every Action

on Decision will be summarized as ac­

quiescence, acquiescence in result only,

or nonacquiescence. Both “acquies­

cence” and “acquiescence in result only”

mean that the Service accepts the holding

of the court in a case and that the Ser­

vice will follow it in disposing of cases

with the same controlling facts. How­

ever, “acqui­

escence” indicates neither

approval nor disapproval of the reasons

assigned by the court for its conclusions;

whereas, “acqui­escence in result only”

indicates disagree­ment or concern with

some or all of those reasons. “Nonacqui­

escence” signifies that, although no fur­

ther review was sought, the Service does

not agree with the hold­ing of the court

and, generally, will not follow the deci­

sion in disposing of cases involving other

taxpayers. In reference to an opinion of a

circuit court of appeals, a “nonacquies­

cence” indicates that the Ser­vice will not

follow the holding on a na­tionwide ba­

sis. However, the Service will recognize

the precedential impact of the opinion on

cases arising within the venue of the de­

ciding circuit.

The Commissioner does NOT ACQUI­

ESCE in the following decision:

Machacek v. Commissioner, 906 F.3d

429 (6th Cir. 2018), rev’g T.C. Memo.

2016-55.1

Nonacquiescence to the holding that the economic benefits of a compensatory split-dollar life insurance arrangement may be treated as a distribution with respect to stock under I.R.C. § 301.

May 24, 2021

1156

Bulletin No. 2021–21

Part III

TAXATION OF DEPENDENT

CARE BENEFITS AVAILABLE

PURSUANT TO AN

EXTENDED CLAIMS PERIOD

OR CARRYOVER

NOTICE 2021-26

PURPOSE

This notice addresses the taxation of

dependent care benefits, provided through

a dependent care assistance program,

available in taxable years ending in 2021

and 2022 due to the application of either

the carryover or the extension of a claims

period under § 214 of the Taxpayer Cer­

tainty and Disaster Tax Relief Act of 2020

(the Act), enacted as Division EE of the

Consolidated Appropriations Act, 2021,

Pub. L. 116-260, 134 Stat. 1182 (Dec. 27,

2020) (CAA). The notice clarifies that if

these dependent care benefits would have

been excluded from income if used during

the preceding taxable year (that is, during

the taxable year ending in 2020 or 2021,

as applicable), they will remain exclud­

able from gross income and are not wag­

es of the employee for the taxable years

ending in 2021 and 2022. In addition, the

notice clarifies that these benefits will not

be taken into account for purposes of the

application of the limits under § 129 of the

Internal Revenue Code (Code) to other

dependent care benefits available for the

taxable years ending in 2021 and 2022.

BACKGROUND

A. Dependent Care Assistance

Programs – In General

Section 129 of the Code provides an

exclusion from gross income of an em­

ployee for amounts paid or incurred by the

employer for dependent care assistance

benefits provided to the employee if the

assistance is furnished pursuant to a de­

pendent care assistance program (DCAP)

described in § 129. Section 129(a)(2)

limits the benefits that may be excluded

with respect to dependent care assistance

services provided during the taxable year.

For 2020, the exclusion could not exceed

$5,000, or $2,500 in the case of a separate

return filed by a married individual.

DCAPs may be provided by a flexi­

ble spending arrangement (FSA) under

a § 125 cafeteria plan. Thus, an employ­

ee may contribute to the DCAP through

salary reduction, and the DCAP may re­

imburse the employee for dependent care

expenses incurred during the year. The

reimbursements of dependent care ex­

penses are excluded from gross income

under § 129. Reimbursements that are not

excludable under § 129 are includable in

the employee’s gross income and wages.1

The limitation under § 129 applies

toamounts paid or reimbursed for depen­

dent care services provided during the

taxable year of the employee. Under No­

tice 2005-42, 2005-1 CB 1204, unused

benefits in a DCAP may be used during a

2½ month grace period following the end

of the plan year. If the sum of DCAP bene­

fits used in the taxable year (including un­

used DCAP benefits used during a grace

period, or a portion thereof, that falls in

the taxable year) exceeds the applicable

limit under § 129, however, the excess is

taxable.

B. Section 214(a) and (b) of the Act –

Carryovers and Extended Claims Periods

Section 214(a) and (b) of the Act allow

DCAPs to carry over unused benefits from

a plan year ending in 2020 to a plan year

ending in 2021 and from a plan year end­

ing in 2021 to a plan year ending in 2022.

Alternatively, § 214(c)(1) allows a DCAP

to extend its claims period for a plan year

ending in 2020 or 2021 to 12 months af­

ter the end of the plan year with respect to

unused benefits remaining in the DCAP.

Notice 2021-15, 2021-10 IRB 898, pro­

vides guidance regarding the implementa­

tion of the temporary ability under § 214

of the Act to allow unused DCAP benefits

remaining at the end of a plan year to re­

imburse dependent care expenses incurred

in the next plan year, either due to a car­

ryover or an extended period for incurring

claims. Notice 2021-15 states that:

If an employer adopts the § 214 car­

ryover or the extended period for in­

curring claims permitted by § 214(c)

(1) of the Act, the annual limits under

§§ 125(i) and 129(a) apply to amounts

contributed to a health FSA or de­

pendent care assistance program for

a particular year, and not to amounts

reimbursed or otherwise available for

reimbursement from a health FSA or

dependent care assistance program in a

particular plan or calendar year. Thus,

unused amounts carried over from pri­

or years or available during an extend­

ed period for incurring claims are not

taken into account in determining the

annual limit applicable for the follow­

ing year.

C. Section 9632 of the American

Rescue Plan Act of 2021 – Increase of

Benefit Limit under § 129 of the Code

to $10,500 for Taxable Year Beginning

after December 31, 2020, and before

January 1, 2022

Section 9632 of the American Rescue

Plan Act of 2021 (ARP), Pub. L. 117-2,

135 Stat. 4 (March 11, 2021), increases the

exclusion for employer-provided depen­

dent care under § 129 to $10,500 (half that

amount in the case of a married individual

filing separately) with respect to any tax­

able year beginning after December 31,

2020, and before January 1, 2022. Section

9632(c) of the ARP provides that a DCAP

generally may be amended retroactively

to increase the contribution allowed under

the plan if (1) the amendment is adopted

no later than the last day of the plan year

in which the amendment is effective, and

(2) the plan is operated consistent with the

terms of the amendment during the peri­

od beginning on the effective date of the

amendment and ending on the date the

amendment is adopted.

Under §§ 3121(a)(18) and 3401(a)(18), any payment made or benefit furnished to an employee is excluded from wages if at the time of the payment or furnishing it is reasonable to believe

that the employee will be able to exclude the payment or benefit from income under § 129.

1

Bulletin No. 2021–21

1157

May 24, 2021

Section 9632 of the ARP increases the

exclusion for employer-provided depen­

dent care under § 129 to $10,500 (half that

amount in the case of a married individual

filing separately) for the individual’s 2021

taxable year (not the plan year). Accord­

ingly, in the case of a DCAP offered by a

§ 125 cafeteria plan with a non-calendar

plan year beginning in 2021 and ending in

2022, the increased exclusion amount will

not apply to reimbursement of expenses

incurred during the 2022 portion of the

plan year. Thus, reimbursement of more

than $5,000 from the DCAP may result in

a portion of the employee’s contribution

to the DCAP for the 2021 plan year that

is used to reimburse expenses incurred

during the 2022 taxable year becoming

taxable upon reimbursement. Also, un­

used DCAP benefits from one taxable year

of the participant (typically the calendar

year) used to reimburse expenses incurred

in the immediately following taxable year,

where the expenses are incurred during

the same non-calendar plan year spanning

those two taxable years, are not carryover

benefits or benefits made available under

an extended claims period. Accordingly,

the guidance provided in this notice does

not apply to these benefits.

GUIDANCE – TREATMENT

OF UNUSED BENEFITS MADE

AVAILABLE IN 2021 OR 2022 DUE

TO A CARRYOVER OR EXTENDED

CLAIMS PERIOD

Notice 2021-15 states that in apply­

ing the temporary ability to carry over

amounts or extend claims periods under

§ 214 of the Act, unused amounts carried

over from prior years or available during

an extended period for incurring claims

are not taken into account in determining

the annual limit applicable for the follow­

ing year. The Department of the Treasury

(Treasury Department) and the Internal

Revenue Service (IRS) have concluded

that inherent in the legislation temporarily

permitting unused amounts to be carried

over to 2021 or 2022, or made available

under an extended claims period, is that

amounts that continue to be available are

excluded from income if used by the par­

ticipant for dependent care benefits. Con­

sequently, this notice clarifies that DCAP

benefits that would have been excluded

May 24, 2021

from income if used during the taxable

year ending in 2020 or 2021, as applica­

ble, remain eligible for exclusion from the

participant’s gross income and are disre­

garded for purposes of application of the

limits for the subsequent taxable years of

the employee when they are carried over

from a plan year ending in 2020 or 2021

or permitted to be used pursuant to an ex­

tended claims period. This notice also pro­

vides examples illustrating the possible

tax consequences of electing $10,500 in

DCAP benefits for a plan year beginning

in 2021 but ending in 2022.

In the following examples, the employ­

ee’s taxable year is the calendar year and

the employee is not a married individual

filing separately. The DCAP and the § 125

cafeteria plan comply with all applicable

statutory requirements in effect as of the

date this notice is published (including ap­

plicable nondiscrimination requirements)

for all relevant periods. Consistent with

current law, the examples assume that the

§ 129 exclusion for the 2022 taxable year

reverts to $5,000.

EXAMPLE 1: An employee is covered by a cal­

endar year § 125 cafeteria plan that offers a DCAP

benefit. The employee elects no DCAP benefits for

the 2019 plan year. The employee elects to contribute

$5,000 for DCAP benefits for the 2020 plan year but

incurs no dependent care expenses during the plan

year. Pursuant to § 214 of the Act, the § 125 cafeteria

plan allows the employee to carry over the unused

$5,000 of DCAP benefits to the 2021 plan year. The

employee elects to contribute $10,500 for DCAP

benefits for the 2021 plan year.

The employee incurs $15,500 in dependent care

expenses in 2021 and is reimbursed $15,500 by the

DCAP. The $15,500 is excluded from the employ­

ee’s gross income and wages because $10,500 is ex­

cluded as 2021 benefits and the remaining $5,000 is

attributable to a carryover permitted under § 214 of

the Act.

EXAMPLE 2: An employee is covered by a

non-calendar year § 125 cafeteria plan that offers a

DCAP benefit. The § 125 cafeteria plan has a July 1

to June 30 plan year. The employee elects no DCAP

benefits for the plan year beginning July 1, 2019. For

the plan year beginning July 1, 2020, the employee

elects to contribute $5,000 for DCAP benefits, but

the employee incurs no dependent care expenses

during the plan year. Pursuant to § 214 of the Act,

the § 125 cafeteria plan allows the employee to carry

over the unused $5,000 of DCAP benefits to the plan

year beginning July 1, 2021.

Taxable Year 2021 – Facts and Conclusion. Pur­

suant to § 9632 of the ARP, the employee elects to

contribute $10,500 for DCAP benefits for the plan

year beginning July 1, 2021. The employee has

$15,500 available for dependent care expenses for

the plan year beginning July 1, 2021. The employee

incurs no dependent care expenses during the period

1158

from July 1, 2021, to December 31, 2021, and has

$15,500 of DCAP benefits available as of January 1,

2022. For the taxable year 2021, the employee did

not receive any DCAP benefits because no depen­

dent care expenses eligible for reimbursement under

the DCAP were incurred in 2021.

Taxable Year 2022 – Facts and Conclusion. For

the taxable year 2022, the exclusion for DCAP bene­

fits under § 129 of the Code is $5,000. The employee

incurs $7,000 in dependent care expenses during the

period from January 1, 2022, through June 30, 2022,

and is reimbursed $7,000 by the DCAP. The § 125

cafeteria plan adopts a 2½ month grace period that is

added to the end of the plan year beginning July 1,

2021, which allows the employee to use the unused

$8,500 of DCAP benefits until September 15, 2022.

The employee elects to contribute $5,000 for DCAP

benefits for the plan year beginning July 1, 2022.

The employee incurs $8,500 in dependent care ex­

penses during the period from July 1, 2022, through

September 15, 2022, and incurs $2,500 in dependent

care expenses during the period from September 15,

2022, through December 31, 2022. The employee

is reimbursed $11,000 by the DCAP ($8,500 plus

$2,500). The employee therefore receives $18,000

($7,000 plus $11,000) in reimbursements of depen­

dent care expenses during the 2022 taxable year. Of

the $18,000 received in calendar year 2022, $10,000

is excluded from the employee’s gross income and

wages because $5,000 is excluded under the exclu­

sion for DCAP benefits under § 129 of the Code for

the taxable year 2022, and $5,000 of the $7,000 re­

ceived from January 1, 2022, to June 30, 2022, is

excluded because it is attributable to carryovers per­

mitted under § 214 of the Act that would have been

excluded from gross income if used in the preceding

taxable year (that is, attributable to carryovers to plan

years ending before 2023). The remaining $8,000 is

included in the employee’s gross income and wages

because it is not attributable to carryovers permitted

under § 214 of the Act.

EXAMPLE 3: An employee is covered by a

non-calendar year § 125 cafeteria plan that offers a

DCAP benefit. The § 125 cafeteria plan has a July 1

to June 30 plan year. The employee elects no DCAP

benefits for the plan year beginning July 1, 2020, and

there are no unused amounts from prior plan years

available.

Taxable Year 2021 – Facts and Conclusion. Pur­

suant to § 9632 of the ARP, the employee elects to

contribute $10,500 for DCAP benefits for the plan

year beginning July 1, 2021. The employee incurs

$5,000 in dependent care expenses during the peri­

od from July 1, 2021, to December 31, 2021, and

receives $5,000 in reimbursements during 2021. The

$5,000 is excluded from the employee’s gross in­

come and wages pursuant to § 129 of the Code. The

employee has $5,500 of DCAP benefits available as

of January 1, 2022.

Taxable Year 2022 – Facts and Conclusion. For

the taxable year 2022, the exclusion for DCAP ben­

efits under § 129 of the Code is $5,000. The em­

ployee incurs $5,500 in dependent care expenses

during the period from January 1, 2022, through

June 30, 2022, and is reimbursed $5,500 by the

DCAP. The employee elects to contribute $5,000

for DCAP benefits for the plan year beginning July

1, 2022. The employee incurs $2,500 in dependent

Bulletin No. 2021–21

care expenses during the period from July 1, 2022,

to December 31, 2022, and is reimbursed $2,500 by

the DCAP. The employee receives a total of $8,000

in reimbursements for DCAP benefits during 2022.

Of the $8,000 received in the 2022 taxable year,

$5,000 is excluded from the employee’s gross in­

come and wages under the exclusion for DCAP

benefits under § 129 of the Code. The remaining

$3,000 received by the employee is included in the

employee’s gross income and wages.

EFFECT ON OTHER DOCUMENTS

This notice clarifies the application of

Notice 2021-15.

DRAFTING INFORMATION

The principal author of this notice is

Jennifer Solomon of the Office of Asso­

ciate Chief Counsel (Employee Benefits,

Exempt Organizations, and Employment

Taxes), though other Treasury Depart­

ment and IRS officials participated in its

development. For further information on

the provisions of this notice, contact Jen­

nifer Solomon at (202) 317-5500 (not a

toll-free number).

Credit for Renewable

Electricity Production,

Refined Coal Production,

and Indian Coal Production,

and Publication of Inflation

Adjustment Factors and

Reference Prices for

Calendar Year 2021

Notice 2021-32

This notice publishes the inflation ad­

justment factors and reference prices for

calendar year 2021 for the renewable elec­

tricity production credit, the refined coal

production credit, and the Indian coal pro­

duction credit under section 45 of the In­

ternal Revenue Code. The 2021 inflation

adjustment factors and reference prices

are used in determining the availability

of the credits and apply to calendar year

2021 sales of kilowatt hours of electricity

produced in the United States or a pos­

session thereof from qualified energy re­

sources, and to calendar year 2021 sales of

Bulletin No. 2021–21

refined coal and Indian coal produced in

the United States or a possession thereof.

BACKGROUND

Section 45(a) provides that the renew­

able electricity production credit for any

tax year is an amount equal to the prod­

uct of 1.5 cents multiplied by the kilowatt

hours of specified electricity produced

by the taxpayer and sold to an unrelated

person during the tax year. This electricity

must be produced from qualified energy

resources and at a qualified facility during

the 10-year period beginning on the date

the facility was originally placed in ser­

vice.

Section 45(b)(1) provides that the

amount of the credit determined under

section 45(a) is reduced by an amount

which bears the same ratio to the amount

of the credit as (A) the amount by which

the reference price for the calendar year

in which the sale occurs exceeds 8 cents,

bears to (B) 3 cents. Under section 45(b)

(2), the 1.5 cent amount in section 45(a),

the 8 cent amount in section 45(b)(1), the

$4.375 amount in section 45(e)(8)(A),

and, in section 45(e)(8)(B)(i), the refer­

ence price of fuel used as feedstock (with­

in the meaning of section 45(c)(7)(A)) in

2002, are each adjusted by multiplying

such amount by the inflation adjustment

factor for the calendar year in which the

sale occurs. If any amount as increased

under the preceding sentence is not a mul­

tiple of 0.1 cent, the amount is rounded to

the nearest multiple of 0.1 cent. In the case

of electricity produced in open-loop bio­

mass facilities, landfill gas facilities, trash

facilities, qualified hydropower facilities,

and marine and hydrokinetic renewable

energy facilities, section 45(b)(4)(A) re­

quires the amount in effect under section

45(a)(1) (before rounding to the nearest

0.1 cent) to be reduced by one-half.

Section 45(b)(5) provides that in the

case of any facility using wind to produce

electricity, the amount of the credit deter­

mined under section 45(a) (determined af­

ter the application of section 45(b)(1), (2),

and (3) and without regard to section 45(b)

(5)) shall be reduced by (A) in the case

of any facility the construction of which

begins after December 31, 2016, and be­

fore January 1, 2018, 20 percent, (B) in

the case of any facility the construction of

1159

which begins after December 31, 2017,

and before January 1, 2019, 40 percent,

(C) in the case of any facility the con­

struction of which begins after December

31, 2018, and before January 1, 2020, 60

percent, and (D) in the case of any facili­

ty the construction of which begins after

December 31, 2019, and before January 1,

2022, 40 percent.

Section 45(c)(1) defines qualified en­

ergy resources as wind, closed-loop bio­

mass, open-loop biomass, geothermal

energy, municipal solid waste, qualified

hydropower production, and marine and

hydrokinetic renewable energy.

Section 45(d)(1) defines a qualified

facility using wind to produce electricity

as any facility owned by the taxpayer that

is originally placed in service after De­

cember 31, 1993, and the construction of

which begins before January 1, 2022. See

section 45(e)(7) for rules relating to the

inapplicability of the credit to electricity

sold to utilities under certain contracts.

Section 45(d)(2)(A) defines a qualified

facility using closed-loop biomass to pro­

duce electricity as any facility (i) owned

by the taxpayer that is originally placed in

service after December 31, 1992, and the

construction of which begins before Janu­

ary 1, 2022, or (ii) owned by the taxpayer

which before January 1, 2022 is original­

ly placed in service and modified to use

closed-loop biomass to co-fire with coal,

with other biomass, or with both, but only

if the modification is approved under the

Biomass Power for Rural Development

Programs or is part of a pilot project of

the Commodity Credit Corporation as

described in 65 FR 63052. For purposes

of section 45(d)(2)(A)(ii), a facility shall

be treated as modified before January 1,

2022, if the construction of such modifica­

tion begins before such date. Section 45(d)

(2)(C) provides that in the case of a qual­

ified facility described in section 45(d)(2)

(A)(ii), (i) the 10-year period referred to

in section 45(a) is treated as beginning no

earlier than the date of the enactment of

section 45(d)(2)(C)(i) (October 22, 2004),

and (ii) if the owner of such facility is not

the producer of the electricity, the person

eligible for the credit allowable under

section 45(a) is the lessee or the operator

of such facility. A qualified facility using

closed-loop biomass includes a new unit

placed in service after the date of the en­

May 24, 2021

actment of section 45(d)(2)(B) (October 3,

2008) in connection with a qualified facil­

ity using closed-loop biomass, but only to

the extent of the increased amount of elec­

tricity produced at the facility by reason of

such new unit.

Section 45(d)(3)(A) defines a quali­

fied facility using open-loop biomass to

produce electricity as any facility owned

by the taxpayer which (i) in the case of a

facility using agricultural livestock waste

nutrients, (I) is originally placed in service

after the date of the enactment of section

45(d)(3)(A)(i)(I) (October 22, 2004) and

the construction of which begins before

January 1, 2022, and (II) the nameplate

capacity rating of which is not less than

150 kilowatts, and (ii) in the case of any

other facility, the construction of which

begins before January 1, 2022. In the case

of any facility described in section 45(d)

(3)(A), if the owner of such facility is not

the producer of the electricity, section

45(d)(3)(C) provides that the person eligi­

ble for the credit allowable under section

45(a) is the lessee or the operator of such

facility. A qualified facility using openloop biomass includes a new unit placed

in service after the date of the enactment

of section 45(d)(3)(B) (October 3, 2008)

in connection with a qualified facility us­

ing open-loop biomass, but only to the ex­

tent of the increased amount of electricity

produced at the facility by reason of such

new unit.

Section 45(d)(4) defines a qualified

facility using geothermal energy to pro­

duce electricity as any facility owned by

the taxpayer that is originally placed in

service after the date of the enactment of

section 45(d)(4) (October 22, 2004) and

the construction of which begins before

January 1, 2022. A qualified facility using

geothermal energy does not include any

property described in section 48(a)(3) the

basis of which is taken into account by the

taxpayer for purposes of determining the

energy credit under section 48.

Section 45(d)(6) defines a qualified

facility using gas derived from the bio­

degradation of municipal solid waste to

produce electricity as any facility owned

by the taxpayer that is originally placed in

service after the date of the enactment of

section 45(d)(6) (October 22, 2004) and

the construction of which begins before

January 1, 2022.

May 24, 2021

Section 45(d)(7) defines a qualified

facility (other than a facility described in

section 45(d)(6)) that uses municipal solid

waste to produce electricity as any facility

owned by the taxpayer that is originally

placed in service after the date of the en­

actment of section 45(d)(7) (October 22,

2004) and the construction of which be­

gins before January 1, 2022. A qualified

facility using municipal solid waste in­

cludes a new unit placed in service in con­

nection with a facility placed in service on

or before the date of the enactment of sec­

tion 45(d)(7), but only to the extent of the

increased amount of electricity produced

at the facility by reason of such new unit.

Section 45(d)(8) provides, in the case

of a facility that produces refined coal

(other than a facility producing steel in­

dustry fuel), the term “refined coal pro­

duction facility” means any facility pro­

ducing refined coal placed in service after

the date of the enactment of the American

Jobs Creation Act of 2004 (October 22,

2004) and before January 1, 2012.

Section 45(d)(9) defines a qualified

facility producing qualified hydroelectric

production described in section 45(c)(8)

as (i) any facility producing incremental

hydropower production, but only to the

extent of its incremental hydropower pro­

duction attributable to efficiency improve­

ments or additions to capacity described in

section 45(c)(8)(B) placed in service after

the date of the enactment of section 45(d)

(9) (August 8, 2005) and before January

1, 2022, and (ii) any other facility placed

in service after the date of the enactment

of section 45(d)(9) (August 8, 2005) and

the construction of which begins before

January 1, 2022. Section 45(d)(9)(B) pro­

vides that, in the case of a qualified facil­

ity described in section 45(d)(9)(A), the

10-year period referred to in section 45(a)

shall be treated as beginning on the date

the efficiency improvements or additions

to capacity are placed in service. Section

45(d)(9)(C) provides that for purposes of

section 45(d)(9)(A)(i), an efficiency im­

provement or addition to capacity shall be

treated as placed in service before January

1, 2022 if the construction of such im­

provement or addition begins before such

date.

Section 45(d)(10) provides that the

term “Indian Coal Production Facility”

means a facility that produces Indian coal.

1160

Section 45(d)(11) provides in the case

of a facility producing electricity from

marine and hydrokinetic renewable ener­

gy, the term “qualified facility” means any

facility owned by the taxpayer which (A)

has a nameplate capacity rating of at least

150 kilowatts, and (B) is originally placed

in service on or after the date of the en­

actment of section 45(d)(11) (October 3,

2008) and the construction of which be­

gins before January 1, 2022.

Section 45(e)(8)(A) provides that the

refined coal production credit is an amount

equal to $4.375 per ton of qualified refined

coal (i) produced by the taxpayer at a re­

fined coal production facility during the 10year period beginning on the date the fa­

cility was originally placed in service, and

(ii) sold by the taxpayer (I) to an unrelated

person and (II) during such 10-year period

and the tax year. Section 45(e)(8)(B) pro­

vides that the amount of credit determined

under section 45(e)(8)(A) is reduced by an

amount which bears the same ratio to the

amount of the increase as (i) the amount

by which the reference price of fuel used

as feedstock (within the meaning of section

45(c)(7)(A)) for the calendar year in which

the sale occurs exceeds an amount equal

to 1.7 multiplied by the reference price for

such fuel in 2002, bears to (ii) $8.75.

Section 45(e)(10)(A) provides in the

case of a producer of Indian coal, the cred­

it determined under section 45 for any tax­

able year is an amount equal to the appli­

cable dollar amount per ton of Indian coal

(i) produced by the taxpayer at an Indian

coal production facility during the 16-year

period beginning on January 1, 2006, and

(ii) sold by the taxpayer (I) to an unrelated

person, and (II) during such 16-year peri­

od and such taxable year.

Section 45(e)(10)(B)(i) defines “appli­

cable dollar amount” for any taxable year

as (I) $1.50 in the case of calendar years

2006 through 2009, and (II) $2.00 in the

case of calendar years beginning after

2009.

Section 45(e)(2)(A) requires the Secre­

tary to determine and publish in the Feder­

al Register each calendar year the inflation

adjustment factors and the reference pric­

es for such calendar year. The inflation ad­

justment factors and the reference prices

for the 2021 calendar year were published

in the Federal Register at 86 FR 22300 on

April 27, 2021.

Bulletin No. 2021–21

Section 45(e)(2)(B) defines the infla­

tion adjustment factor for a calendar year

as a fraction the numerator of which is the

GDP implicit price deflator for the pre­

ceding calendar year and the denominator

of which is the GDP implicit price defla­

tor for the calendar year 1992. The term

“GDP implicit price deflator” means the

most recent revision of the implicit price

deflator for the gross domestic product as

computed and published by the Depart­

ment of Commerce before March 15 of

the calendar year.

Under section 45(e)(10)(B)(ii), in the

case of any calendar year after 2006, each

of the dollar amounts under section 45(e)

(10)(B)(i) shall be equal to the product of

such dollar amount and the inflation ad­

justment factor determined under section

45(e)(2)(B) for the calendar year, except

that section 45(e)(2)(B) shall be applied

by substituting 2005 for 1992.

Section 45(e)(2)(C) provides that the

reference price is the Secretary’s determi­

nation of the annual average contract price

per kilowatt hour of electricity generated

from the same qualified energy resource

and sold in the previous year in the United

States. Only contracts entered into after

December 31, 1989 are taken into account.

Under section 45(e)(8)(C), the deter­

mination of the reference price for fuel

used as feedstock within the meaning of

section 45(c)(7)(A) is made according to

rules similar to the rules under section

45(e)(2)(C).

INFLATION ADJUSTMENT

FACTORS AND REFERENCE

PRICES

The inflation adjustment factor for cal­

endar year 2021 for qualified energy re­

sources and refined coal is 1.6878. The in­

flation adjustment factor for calendar year

2021 for Indian coal is 1.2998.

The reference price for calendar year

2021 for facilities producing electrici­

ty from wind (based upon information

provided by the Department of Energy)

is 3.59 cents per kilowatt hour. The ref­

erence prices for fuel used as feedstock

within the meaning of section 45(c)(7)(A),

relating to refined coal production (based

upon information provided by the Depart­

ment of Energy) are $31.90 per ton for

calendar year 2002 and $45.64 per ton for

Bulletin No. 2021–21

calendar year 2021. The reference prices

for facilities producing electricity from

closed-loop biomass, open-loop biomass,

geothermal energy, municipal solid waste,

qualified hydropower production, and

marine and hydrokinetic energy have not

been determined for calendar year 2021.

PHASEOUT CALCULATION

Because the 2021 reference price for

electricity produced from wind (3.59

cents per kilowatt hour) does not exceed

8 cents multiplied by the inflation adjust­

ment factor (1.6878), the phaseout of the

credit provided in section 45(b)(1) does

not apply to such electricity sold during

calendar year 2021. However, refer to sec­

tion 45(b)(5) for an additional phaseout of

the credit for wind facilities the construc­

tion of which begins after December 31,

2016. Because the 2021 reference price

of fuel used as feedstock for refined coal

($45.64) does not exceed $91.53 (which

is the $31.90 reference price of such fuel

in 2002 multiplied by the inflation adjust­

ment factor (1.6878) and 1.7), the phase­

out of the credit provided in section 45(e)

(8)(B) does not apply to refined coal sold

during calendar year 2021. Further, for

electricity produced from closed-loop

biomass, open-loop biomass, geothermal

energy, municipal solid waste, qualified

hydropower production, and marine and

hydrokinetic energy, the phaseout of the

credit provided in section 45(b)(1) does

not apply to such electricity sold during

calendar year 2021.

CREDIT AMOUNT BY QUALIFIED

ENERGY RESOURCE AND

FACILITY, REFINED COAL, AND

INDIAN COAL

As required by section 45(b)(2), the

1.5 cent amount in section 45(a)(1), and

the $4.375 amount in section 45(e)(8)(A)

are each adjusted by multiplying such

amount by the inflation adjustment fac­

tor for the calendar year in which the sale

occurs. If any amount as increased under

the preceding sentence is not a multiple

of 0.1 cent, such amount is rounded to the

nearest multiple of 0.1 cent. In the case of

electricity produced in open-loop biomass

facilities, landfill gas facilities, trash facil­

ities, qualified hydropower facilities, and

1161

marine and hydrokinetic renewable ener­

gy facilities, section 45(b)(4)(A) requires

the amount in effect under section 45(a)(1)

(before rounding to the nearest 0.1 cent)

to be reduced by one-half. Under the cal­

culation required by section 45(b)(2), the

credit for renewable electricity production

for calendar year 2021 under section 45(a)

is 2.5 cents per kilowatt hour on the sale

of electricity produced from the qualified

energy resources of wind, closed-loop

biomass, and geothermal energy, and 1.3

cents per kilowatt hour on the sale of elec­

tricity produced in open-loop biomass fa­

cilities, landfill gas facilities, trash facil­

ities, qualified hydropower facilities, and

marine and hydrokinetic energy facilities.

Under the calculation required by section

45(b)(2), the credit for refined coal pro­

duction for calendar year 2021 under sec­

tion 45(e)(8)(A) is $7.384 per ton on the

sale of qualified refined coal.

As required by section 45(e)(10)(B)

(ii), the $2.00 amount in section 45(e)

(10)(B)(i) is adjusted by multiplying such

amount by the inflation adjustment factor

for the calendar year. Under the calcula­

tion required by section 45(e)(10)(B)(ii),

the credit for Indian coal production for

calendar year 2021 under section 45(e)

(10)(B) is $2.600 per ton on the sale of

Indian coal.

DRAFTING AND CONTACT

INFORMATION

The principal author of this notice is

Charles Hyde of the Office of Associate

Chief Counsel (Passthroughs & Special

Industries). For further information re­

garding this notice contact Mr. Hyde at

(202) 317-6853 (not a toll-free number).

26 CFR 601.602: Tax forms and instructions.

(Also Part I, §§ 1, 223; Part III § 54.9831-1.)

Rev. Proc. 2021-25

SECTION 1. PURPOSE

This revenue procedure provides the

2022 inflation adjusted amounts for Health

Savings Accounts (HSAs) as determined

under § 223 of the Internal Revenue Code

and the maximum amount that may be

made newly available for excepted ben­

May 24, 2021

efit health reimbursement arrangements

(HRAs) provided under § 54.9831-1(c)(3)

(viii) of the Pension Excise Tax Regula­

tions.

SECTION 2. 2022 INFLATION

ADJUSTED ITEMS

.01 HSA INFLATION ADJUSTED

ITEMS

Annual contribution limitation. For

calendar year 2022, the annual limitation

on deductions under § 223(b)(2)(A) for an

individual with self-only coverage under a

high deductible health plan is $3,650. For

calendar year 2022, the annual limitation

on deductions under § 223(b)(2)(B) for an

individual with family coverage under a

high deductible health plan is $7,300.

High deductible health plan. For calen­

dar year 2022, a “high deductible health

plan” is defined under § 223(c)(2)(A) as a

May 24, 2021

health plan with an annual deductible that

is not less than $1,400 for self-only cover­

age or $2,800 for family coverage, and the

annual out-of-pocket expenses (deduct­

ibles, co-payments, and other amounts,

but not premiums) do not exceed $7,050

for self-only coverage or $14,100 for fam­

ily coverage.

.02 HRA INFLATION ADJUSTED

ITEM

For plan years beginning in 2022, the

maximum amount that may be made new­

ly available for the plan year for an ex­

cepted benefit HRA under § 54.9831-1(c)

(3)(viii) is $1,800. See § 54.9831-1(c)(3)

(viii)(B)(1) for further explanation of this

calculation.

SECTION 3. EFFECTIVE DATE

This revenue procedure is effective for

HSAs for calendar year 2022 and for ex­

1162

cepted benefits HRAs for plan years be­

ginning in 2022.

SECTION 4. DRAFTING

INFORMATION

The principal author of this revenue

procedure is Bill Ruane of the Office of

Associate Chief Counsel (Income Tax

& Accounting). For further information

regarding § 223 of the Code and HSAs

contact William Fischer at (202) 3175500 (not a toll-free number). For further

information regarding excepted benefit

HRAs, contact Christopher Dellana at

(202) 317-5500 (not a toll-free number).

For further information regarding the

calculation of the inflation adjustments

in this revenue procedure, contact Mr.

Ruane at (202) 317-4718 (not a toll-free

number).

Bulletin No. 2021–21

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 pub­

lished 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 ap­

plied 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 be­

ing made clear because the language has

caused, or may cause, some confusion. It

is not used where a position in a prior rul­

ing is being changed.

Distinguished describes a situation

where a ruling mentions a previously pub­

lished 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 pub­

lished ruling that is not considered deter­

minative 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 sub­

stance 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 previous­

ly 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 rul­

ings 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 cas­

es in litigation, or the outcome of a Ser­

vice 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. 2021–21

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.

May 24, 2021

Numerical Finding List1

Bulletin 2021–21

REG-111950-20, 2021-05 I.R.B. 683

REG-115057-20, 2021-05 I.R.B. 714

REG-121095-19, 2021-18 I.R.B. 1131

AOD:

Revenue Procedures:

2021-1, 2021-15 I.R.B. 985

2021-2, 2021-21 I.R.B. 1156

2021-01, 2020-01 I.R.B. 1

2021-02, 2020-01 I.R.B. 116

2021-03, 2020-01 I.R.B. 140

2021-04, 2020-01 I.R.B. 157

2021-05, 2020-01 I.R.B. 250

2021-07, 2020-01 I.R.B. 290

2021-09, 2020-03 I.R.B. 485

2021-08, 2020-04 I.R.B. 502

2021-10, 2020-04 I.R.B. 503

2021-12, 2020-05 I.R.B. 681

2021-11, 2020-06 I.R.B. 833

2021-15, 2020-08 I.R.B. 891

2021-17, 2020-15 I.R.B. 991

2021-18, 2020-15 I.R.B. 1007

2021-19, 2020-15 I.R.B. 1008

2021-21, 2020-17 I.R.B. 1118

2021-20, 2020-19 I.R.B. 1150

2021-23, 2020-20 I.R.B. 1153

2021-25, 2020-21 I.R.B. 1161

Announcements:

2021-01, 2021-04 I.R.B. 506

2021-02, 2021-08 I.R.B. 892

2021-03, 2021-08 I.R.B. 892

2021-04, 2021-09 I.R.B. 895

2021-05, 2021-13 I.R.B. 965

2021-06, 2021-15 I.R.B. 1011

2021-07, 2021-15 I.R.B. 1061

2021-08, 2021-18 I.R.B. 1146

2021-09, 2021-20 I.R.B. 1155

Notices:

2021-01, 2021-02 I.R.B. 315

2021-03, 2021-02 I.R.B. 316

2021-04, 2021-02 I.R.B. 319

2021-02, 2021-03 I.R.B. 478

2021-05, 2021-03 I.R.B. 479

2021-07, 2021-03 I.R.B. 482

2021-09, 2021-05 I.R.B. 678

2021-06, 2021-06 I.R.B. 822

2021-08, 2021-06 I.R.B. 823

2021-11, 2021-06 I.R.B. 827

2021-12, 2021-06 I.R.B. 828

2021-13, 2021-06 I.R.B. 832

2021-10, 2021-07 I.R.B. 888

2021-15, 2021-10 I.R.B. 898

2021-16, 2021-10 I.R.B. 907

2021-18, 2021-11 I.R.B. 911

2021-19, 2021-11 I.R.B. 920

2021-20, 2021-11 I.R.B. 922

2021-17, 2021-14 I.R.B. 984

2021-21, 2021-15 I.R.B. 986

2021-22, 2021-15 I.R.B. 987

2021-23, 2021-16 I.R.B. 1113

2021-25, 2021-17 I.R.B. 1118

2021-24, 2021-18 I.R.B. 1122

2021-27, 2021-18 I.R.B. 1125

2021-28, 2021-18 I.R.B. 1130

2021-29, 2021-19 I.R.B. 1149

2021-30, 2021-19 I.R.B. 1149

2021-26, 2021-21 I.R.B. 1157

2021-32, 2021-21 I.R.B. 1159

Proposed Regulations:

Revenue Rulings:

2021-01, 2021-02 I.R.B. 294

2021-02, 2021-04 I.R.B. 495

2021-03, 2021-05 I.R.B. 674

2021-04, 2021-06 I.R.B. 724

2021-05, 2021-10 I.R.B. 896

2021-06, 2021-12 I.R.B. 946

2021-07, 2021-14 I.R.B. 982

2021-08, 2021-18 I.R.B. 1120

Treasury Decisions:

9925, 2021-02 I.R.B. 296

9940, 2021-02 I.R.B. 311

9932, 2021-03 I.R.B. 345

9939, 2021-03 I.R.B. 376

9941, 2021-03 I.R.B. 396

9942, 2021-03 I.R.B. 450

9937, 2021-04 I.R.B. 495

9936, 2021-05 I.R.B. 508

9943, 2021-05 I.R.B. 577

9945, 2021-05 I.R.B. 627

9946, 2021-06 I.R.B. 726

9947, 2021-06 I.R.B. 748

9948, 2021-06 I.R.B. 801

9938, 2021-07 I.R.B. 838

9944, 2021-16 I.R.B. 1062

REG-130081-19, 2021-02 I.R.B. 321

REG-114615-16, 2021-03 I.R.B. 489

A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2020–27 through 2020–52 is in Internal Revenue Bulletin

2020–52, dated December 27, 2020.

1

May 24, 2021

ii

Bulletin No. 2021–21

Finding List of Current Actions on

Previously Published Items1

Bulletin 2021–21

A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2020–27 through 2020–52 is in Internal Revenue Bulletin

2020–52, dated December 27, 2020.

1

Bulletin No. 2021–21

iii

May 24, 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

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