# Bulletin No. 2021–21

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/agency%3Airs%3A98f9a9e87b00f39f

## Record

- **Collection:** Agency decision
- **Document type:** Agency decision

## Text

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
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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/agency%3Airs%3A98f9a9e87b00f39f. Public record. Not legal advice.