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Bulletin No. 2023–7

February 13, 2023

These synopses are intended only as aids to the reader in

identifying the subject matter covered. They may not be

relied upon as authoritative interpretations.

ADMINISTRATIVE, INCOME TAX

Rev. Proc. 2023-9, page 471.

This revenue procedure obsoletes Rev. Proc. 92-29, 19921 C.B. 748 and provides new rules and conditions for implementing the optional safe harbor method of accounting

for real estate developers (developers) to determine when

common improvement costs may be included in the basis

of individual units of real property (units) in a real property

development project (project) to determine the gain or loss

from sale of those units (Alternative Cost Method). This

revenue procedure treats the Alternative Cost Method as a

method of accounting under §§ 446 and 481 of the Internal

Revenue Code (Code) and is an alternative to the general

requirements under § 461(h) of the Code. Under the Alternative Cost Method, a developer includes the share of the

Finding Lists begin on page ii.

estimated cost of common improvements allocable to the

units sold in the basis of such units regardless of whether

the costs have been incurred under § 461(h), subject to the

alternative cost limitations set forth in this revenue procedure. This revenue procedure also provides guidance on

the application of the Alternative Cost Method to contracts

accounted for under § 460 of the Code and the regulations

thereunder.

EXEMPT ORGANIZATIONS

Announcement 2023-4, page 470.

Revocation of IRC 501(c)(3) Organizations for failure to meet

the code section requirements. Contributions made to the organizations by individual donors are no longer deductible under IRC 170(c).

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.

February 13, 2023 

Bulletin No. 2023–7

Part I

Deletions From Cumulative

List of Organizations,

Contributions to Which are

Deductible Under Section

170 of the Code

Announcement 2023-4

The Internal Revenue Service has revoked its determination that the organization listed below qualifies as an organization described in sections 501(c)(3) and

170(c)(2) of the Internal Revenue Code of

1986.

Generally, the IRS will not disallow

deductions for contributions made to a

listed organization on or before the date

of announcement in the Internal Revenue

Bulletin that an organization no longer

qualifies. However, the IRS is not precluded from disallowing a deduction for any

contributions made after an organization

ceases to qualify under section 170(c)(2)

if the organization has not timely filed a

suit for declaratory judgment under section 7428 and if the contributor (1) had

knowledge of the revocation of the ruling

or determination letter, (2) was aware that

such revocation was imminent, or (3) was

in part responsible for or was aware of the

activities or omissions of the organization

that brought about this revocation.

If on the other hand a suit for declaratory judgment has been timely filed, contributions from individuals and organizations

described in section 170(c)(2) that are oth-

erwise allowable will continue to be deductible. Protection under section 7428(c) would

begin on January 19, 2023 and would end

on the date the court first determines the organization is not described in section 170(c)

(2) as more particularly set for in section

7428(c)(1). For individual contributors, the

maximum deduction protected is $1,000,

with a husband and wife treated as one contributor. This benefit is not extended to any

individual, in whole or in part, for the acts

or omissions of the organization that were

the basis for revocation.

The Following organization is no longer qualified as an organization exempt

from income tax under Internal Revenue

Code (the “Code”) Section 501(a) as an

organization described in Section 501(c)

(3) of the Code:

NAME OF ORGANIZATION

EFFECTIVE DATE OF

REVOCATION

LOCATION

MINISTRIES DISCRETIONARY URBAN INITIATIVE INC.

1/1/2018

MILWAUKEE, WI

February 13, 2023

470

Bulletin No. 2023–7

Part III

26 CFR 601.204: Changes in accounting periods

and in methods of accounting.

(Also: Part I, Sections 446, 460, 461, 481, 1011,

1012, 1016; 1.446-1, 1.460-1, 1.460-3, 1.460-4,

1.460-5, 1.461-1, and 1.461-4.)

Rev. Proc. 2023-9

SECTION 1. PURPOSE

This revenue procedure obsoletes Rev.

Proc. 92-29, 1992-1 C.B. 748, and provides new rules and conditions for implementing the optional safe harbor method

of accounting for real estate developers

(developers) to determine when common

improvement costs may be included in the

basis of individual units of real property (units) in a real property development

project (project) held for sale to determine

the gain or loss from sales of those units

(Alternative Cost Method). Under this

revenue procedure, the Alternative Cost

Method is a method of accounting under

§§ 446 and 481 of the Internal Revenue

Code (Code) and is an alternative to the

general requirements under § 461(h).1 Under the Alternative Cost Method, a developer includes the share of the estimated

cost of common improvements allocable

to the units sold in the basis of such units

regardless of whether the costs have been

incurred under § 461(h), subject to the alternative cost limitations set forth in this

revenue procedure. This revenue procedure also provides guidance on the application of the Alternative Cost Method to

contracts accounted for under § 460 and

the regulations thereunder.

SECTION 2. BACKGROUND

.01 Section 1011 provides, in part, that

the adjusted basis for determining gain

or loss from the sale or other disposition

of property is the taxpayer’s basis in the

property, determined under § 1012, adjusted as provided in § 1016. Section 1012

provides that the basis of property is the

cost of such property. Section 1.10162(a) provides that the cost or other basis

is properly adjusted for any expenditure

1

properly chargeable to a capital account,

including the cost of improvements and

betterments made to the property.

.02 A developer may allocate the costs

of certain common improvements to the

bases of lots held for sale “[i]f an analysis

of the common improvements indicated

that (1) the basic purpose of the taxpayer

in constructing the common improvement

is to induce sales of the lots and (2) the

taxpayer does not retain too much ownership and control of the common improvements.” Norwest Corp. and Subsidiaries

v. Commissioner, 111 T.C. 105, 134-35

(1998). See also Rev. Rul. 68-478, 19682 C.B. 330; Rev. Rul. 81-83, 1981-1 C.B.

434.

.03 Section 461(h)(1) provides that, in

determining whether an amount has been

incurred with respect to any liability during

any taxable year, the all events test is not

treated as met any earlier than when economic performance with respect to such

liability occurs. The term “liability”, as

defined in §1.446-1(c)(1)(ii)(B), includes

any item allowable as a deduction, cost, or

expense for federal income tax purposes,

as well as any amount otherwise allowable as a capitalized cost, as a cost taken

into account in computing cost of goods

sold, as a cost allocable to a long-term

contract, or as any other cost or expense.

.04 Under § 461, developers cannot add

common improvement costs to the basis of

the benefitted units until such costs are incurred under § 461(h). Thus, any common

improvement costs that have not been incurred under § 461(h) when the benefitted

units are sold cannot be included in the

basis of the units in determining the gain

or loss resulting from the sales.

.05 On April 9, 1992, the Internal Revenue Service (IRS) issued Rev. Proc. 92-29,

which provided procedures under which

the IRS would consent to developers including the estimated cost of common

improvements in the basis of units in a

project sold without meeting the economic performance requirements of § 461(h)

(92-29 alternative cost method). In order

for a developer to receive consent to use

the 92-29 alternative cost method for a

project, the developer was required to file

a request to use the 92-29 alternative cost

method with the developer’s applicable

District Director on or before the due date

of the developer’s original federal income

tax return (determined with regard to extensions of time) for the taxable year in

which the first benefitted unit in the project was sold. The developer also had to attach a copy of the request to the developer’s timely filed (determined with regard

to extensions of time) original federal income tax return for the taxable year. A request had to be filed for each project, and

the request required detailed information

about the developer, the project, and the

common improvement cost calculations

under the 92-29 alternative cost method.

See section 6.04 of Rev. Proc. 92-29. Rev.

Proc. 92-29 obsoleted Rev. Proc. 75-25,

1975-1 C.B. 720, with respect to sales of

property after December 31, 1992.

.06 The use of the 92-29 alternative

cost method was also conditioned on the

developer’s agreement to extend the statutory period of limitation for assessing

any tax deficiency arising from employing that method for each taxable year in

which the 92-29 alternative cost method

was used. To satisfy this condition, the

developer executed and filed a consent

on Form 921, Consent to Extend the Time

to Assess Income Tax, or Form 921-A,

Consent Fixing Period of Limitation On

Assessment of Income and Profits Tax, as

applicable. In addition, developers were

required to file annual statements with

the District Director for each project for

which the 92-29 alternative cost method

was used. The annual statements required

detailed information about the developer,

the project, and updates to the common

improvement cost calculations under the

92-29 alternative cost method. See section

8.02 of Rev. Proc. 92-29. The developer

also had to attach a copy of the annual

statement to the developer’s timely filed

(determined with regard to extensions of

time) original federal income tax return

for the taxable year. If the project could

not be completed within the original estimated completion period, a developer was

Unless otherwise specified, all “section” or “§” references are to sections of the Code or the Income Tax Regulations (26 CFR part 1).

Bulletin No. 2023–7

471

February 13, 2023

required to file a supplemental request for

consent to extend the period to use the 9229 alternative cost method and to agree to

extend the statutory period of limitation

to assess income tax for each additional

taxable year that the 92-29 alternative cost

method was used.

.07 Section 460(a) generally requires

that the taxable income from a long-term

contract be determined under the percentage-of-completion method (PCM).

Section 460(f)(1) defines a long-term

contract to include any contract for the

construction of property if the contract

is not completed in the taxable year it is

entered into. For this purpose, a contract

is for the construction of property if (1)

construction is required in order to fulfill a

taxpayer’s contractual obligations, and (2)

the construction of the property was not

completed when the contract was entered

into. How the parties characterize their

agreement, for example, as a contract for

the sale of property, is irrelevant. Section

1.460-1(b)(2)(i). Nonetheless, a contract

is not a construction contract if it requires

the taxpayer to transfer land and the estimated total allocable contract costs attributable to the taxpayer’s construction

activities (exclusive of the cost of the

land) are less than 10 percent of the total

contract price (de minimis test). Section

1.460-1(b)(2)(ii). Accordingly, contracts

for the sale of units that do not meet the

de minimis test are long-term contracts for

purposes of § 460.

.08 Section 460(e)(1) exempts from

the required use of the PCM the following

construction contracts (exempt construction contracts): (1) home construction

contracts (defined in § 460(e)(5)) and (2)

other construction contracts of taxpayers, other than tax shelters, who meet

the § 448(c) gross receipts test, and who

estimate that the contracts will be completed within two years of the contract

commencement date (generally the date

the taxpayer first incurs allocable contract

costs). A long-term construction contract

is a home construction contract if a taxpayer reasonably expects to attribute 80

percent or more of the estimated total allocable contract costs, determined as of the

close of the contracting year, to the construction of (1) dwelling units contained

in buildings containing 4 or fewer dwelling units and (2) improvements to real

February 13, 2023

property directly related to, and located at

the site of, the dwelling units (80-percent

test). Section 1.460-3(b)(2). A contract’s

share of common improvement costs is

counted toward meeting the 80 percent

test only if there are “dwelling unit costs.”

Howard Hughes Co., LLC v. Commissioner, 805 F.3d 175, 184-185 (5th Cir. 2015).

An exempt construction contract may be

accounted for under a number of “exempt

methods,” which include the completed

contract method described in § 1.4604(d) (CCM) and the accrual method. See

§ 1.460-4(c)(1).

.09 In general, for exempt construction contracts using the CCM, a taxpayer

must annually allocate to each contract all

costs that are incident to or necessary for

the taxpayer’s performance under the contract. Section 1.460-5(d). Upon contract

completion, a taxpayer generally takes

into account the gross contract price and

those allocable contract costs that have

been incurred. Section 1.460-4(d). A contract is completed upon the earlier of (1)

use of the subject matter of the contract

by the customer for its intended purpose

(other than for testing) and at least 95 percent of the total allocable contract costs

attributable to the subject matter have

been incurred by the taxpayer; or (2) final

completion and acceptance of the subject

matter of the contract. Section 1.460-1(c)

(3)(i).

.10 The Department of the Treasury

(Treasury Department) and the IRS recognize that aspects of Rev. Proc. 92-29

are outdated due to the enactment of the

Internal Revenue Service Restructuring

and Reform Act of 1998, Public Law No.

105-206, 112 Stat. 685 (1998), and the Bipartisan Budget Act of 2015, Public Law

No. 117-74, 129 Stat. 584 (2015). The

Treasury Department and the IRS also

recognize that certain terms and conditions in Rev. Proc. 92-29, including those

described in section 2.06 of this revenue

procedure, place additional administrative burdens on developers and the IRS.

Lastly, the Treasury Department and the

IRS recognize that the application of the

92-29 alternative cost method to contracts

accounted for under § 460 may be unclear.

Accordingly, this revenue procedure provides updates to Rev. Proc. 92-29 to reflect

current law; to reduce the administrative,

recordkeeping, and compliance burdens

472

associated with the use of the 92-29 alternative cost method; and to clarify its application to contracts accounted for under

§ 460 and the regulations thereunder.

.11 Under this revenue procedure, the

Alternative Cost Method is a method of

accounting under § 446. Sections 446(e)

and 1.446-1(c) require taxpayers to secure the consent of the Commissioner of

Internal Revenue (Commissioner) before

changing a method of accounting for federal income tax purposes. Section 1.4461(e)(3)(ii) authorizes the Commissioner

to prescribe administrative procedures

setting forth the limitations, terms, and

conditions necessary to permit a taxpayer

to obtain consent to change a method of

accounting.

.12 This revenue procedure provides

new rules and procedures for developers

to use the Alternative Cost Method for

certain common improvement costs. Developers that want to use the Alternative

Cost Method generally will be required to

apply the method to all qualifying projects in a trade or business instead of on

a per-project basis as required under Rev.

Proc. 92-29. Additionally, section 8 of this

revenue procedure provides the exclusive procedures for taxpayers that want

to change their method of accounting to

apply the Alternative Cost Method. To

ease the administrative burden faced by

taxpayers to comply with the change to

the Alternative Cost Method for the first

taxable year beginning after December

31, 2022, this revenue procedure (1) permits certain taxpayers to use a short Form

3115, Application for Change in Accounting Method, to make method changes to

apply the Alternative Cost Method if each

change results in a § 481(a) adjustment of

zero, and (2) waives the eligibility rule in

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

2015-5 I.R.B. 419, which prohibits taxpayers from filing an automatic method

change if the taxpayer has made or requested a change for the same item during

the 5 taxable years ending with the year

of change.

SECTION 3. SCOPE

.01 Scope. The Alternative Cost Method is available to developers using an

overall accrual method of accounting that

are contractually obligated or required by

Bulletin No. 2023–7

law to provide common improvements,

as defined in section 4.02 of this revenue

procedure, as part of a qualifying project,

as defined in section 4.01 of this revenue

procedure. The Alternative Cost Method

must be applied to all projects in a trade

or business that meet the definition of a

qualifying project. That is, the Alternative Cost Method is applied on a trade

or business-by-trade or business basis

pursuant to § 1.446-1(d). However, the

alternative cost limitation in section 5.04

of this revenue procedure is calculated on

a project-by-project basis. Any common

improvement costs incurred with respect

to one qualifying project may not be included in the Alternative Cost Method calculations of a separate qualifying project.

SECTION 4. DEFINITIONS

.01 Qualifying Project.

(1) General Definition. For purposes

of this revenue procedure, the term “qualifying project” means any project of a developer for which common improvement

costs will be incurred, provided such costs

are properly allocable to–

(a) contracts that are properly accounted for under the CCM and for which one

or more benefitted units are the subject

matter, and/or

(b) benefitted units, the sales of which

are properly accounted for under an accrual method.

(2) Reasonable Method. For purposes of the definition of a qualifying project, a developer may use any reasonable

method to define a project in light of the

common improvements to be provided.

For example, a developer is using a reasonable method to define a project when

it separates commercial and residential

projects that provide for different common

improvements.

.02 Common Improvement. For purposes of this revenue procedure, the term

“common improvement” means any real

property or improvements to real property

that benefit two or more units that are separately held for sale by a developer. The

developer must be contractually obligated

or required by law to provide the common

improvement and must not be able to recover the cost of the common improvement through depreciation. See Rev. Rul.

76-247, 1976-1 C.B. 217, for guidance re-

Bulletin No. 2023–7

garding the necessary contractual obligation. Examples of common improvements

include streets, sidewalks, sewer lines,

playgrounds, clubhouses, tennis courts,

and swimming pools that the developer is

contractually obligated or required by law

to make, as long as the costs are not properly recoverable through depreciation.

However, common improvement costs do

not include, for example, the costs to manage, mow, maintain, or repair the property,

construction period interest, or property

taxes.

.03 CCM Contract. For purposes of

this revenue procedure, the term “CCM

contract” means any contract that is properly accounted for under the CCM and for

which one or more benefitted units in a

qualifying project are the subject matter.

SECTION 5. APPLICATION OF

ALTERNATIVE COST METHOD

.01 Developers Using an Accrual

Method of Accounting. A developer that

uses an accrual method to account for the

sale of units in a qualifying project and

meets the scope requirements of section 3

of this revenue procedure is permitted to

include in the basis of units sold (or make

an adjustment to income with respect to

units sold in prior taxable years) their allocable share of the estimated cost of common improvements, as determined under

section 5.03 of this revenue procedure, regardless of whether the costs are incurred

under § 461(h), subject to the alternative

cost limitation in section 5.04 of this revenue procedure.

.02 Developers Using CCM. A developer that uses the CCM to account for a

CCM contract and meets the scope requirements of section 3 of this revenue

procedure is permitted to treat a CCM

contract’s allocable share of the estimated

cost of common improvements, as determined under section 5.03 of this revenue

procedure, as incurred allocable contract

costs for purposes of determining income under § 1.460-4(d)(1) in the CCM

contract’s completion year (or making an

adjustment to income for CCM contracts

completed in prior taxable years), regardless of whether the costs are incurred under § 461(h), subject to the alternative cost

limitation in section 5.04 of this revenue

procedure. However, the Alternative Cost

473

Method is disregarded for purposes of determining the year in which a CCM contract is complete under § 1.460-1(c)(3)(i).

.03 Allocable Share of Estimated Cost of

Common Improvements.

(1) Under the Alternative Cost Method,

a developer allocates the estimated cost of

common improvements to all the benefitted units in the qualifying project (and, in

the case of a developer using the CCM,

all the CCM contracts from the qualifying

project). The allocation of the estimated

cost of common improvements among

the benefitted units (or CCM contracts)

in the qualifying project is made using

any method that is applied on a consistent basis within that qualifying project

and reasonably reflects the benefits provided to the units (or the CCM contracts)

in that qualifying project. For example, a

pro rata allocation of the estimated cost

of common improvements or an allocation of the estimated cost of common

improvements based on the relative costs

to be incurred for the benefitted unit, on

the relative size of the benefitted unit, or

on the relative fair market value of the

benefitted unit may be reasonable. Additionally, an allocation of a portion of the

estimated cost of common improvements

for certain common improvements based

on one of the foregoing approaches and a

different portion of the estimated cost of

common improvements for other common

improvements based on another of the

foregoing approaches may be reasonable.

If so, such an allocation method must be

applied consistently among all benefitted

units (or CCM contracts) in the qualifying

project, as indicated above.

(2) The “estimated cost of common

improvements” as of the end of any taxable year is equal to the amount of common improvement costs incurred under §

461(h) as of the end of the taxable year,

plus the amount of common improvement

costs the developer reasonably anticipates

it will incur under § 461(h) during the ten

succeeding taxable years (ten-taxable year

horizon). The estimated cost of common

improvements may change from taxable

year to taxable year as, for example, (1) the

developer performs obligations at costs

that differ from its previous estimate,

(2) the developer changes its estimate of

costs, (3) the developer undertakes new

legal obligations or is released from ex-

February 13, 2023

isting ones, and (4) a new taxable year is

added to the ten-taxable year horizon for

estimating costs. A developer may not

adjust the estimated cost of common improvements for a prior taxable year when

events after filing the prior year original

federal income tax return show that the

original estimate has been either understated or overstated. If, after the original return is filed, it is determined that a

greater or lesser amount should have been

claimed, the correction is made in and

for the year the determination is made.

The adjustment to the estimated cost of

common improvements is allocated to

all of the benefitted units (and/or CCM

contracts) in the project, including units

that were sold (or CCM contracts that

were completed) in prior taxable years. In

the case of units that were sold (or CCM

contracts that were completed) in a prior

taxable year, their allocable share of the

adjustment gives rise to a current year adjustment to income rather than an amended return or an administrative adjustment

request, subject to the alternative cost limitation under section 5.04 of this revenue

procedure. See section 5.06(3), Example

3, of this revenue procedure.

.04 Alternative Cost Limitation.

(1) The sum of the amount of estimated

cost of common improvements included

in the basis of (or otherwise taken into account with respect to) all of the units in

the qualifying project that have been sold

as of the end of the taxable year, or treated as incurred allocable contract costs for

purposes of determining income under §

1.460-4(d)(1) for CCM contracts completed as of the end of the taxable year,

may not exceed the total amount of common improvement costs that have been

incurred, within the meaning of § 461(h),

with respect to the qualifying project as of

the end of the taxable year (alternative cost

limitation). If the alternative cost limitation precludes a developer from including

the entire allocable share of the estimated

cost of common improvements in the basis

of the units sold (or treating the entire allocable share of the estimated cost of common improvements as incurred allocable

contract costs of completed CCM contracts) in that taxable year, the costs not

included in such year may be taken into

account in a subsequent taxable year to the

extent additional common improvement

February 13, 2023

costs have been incurred under § 461(h).

The common improvement costs incurred

in a subsequent year are allocated first to

the units already sold (or CCM contracts

already completed) and then to the units

sold in such subsequent year (or CCM

contracts completed in such subsequent

year). See section 5.06(2), Example 2, of

this revenue procedure.

(2) The alternative cost limitation must

be applied on a project-by-project basis.

Thus, the common improvement costs

incurred with respect to one qualifying

project may not be included in the alternative cost limitation of a second qualifying

project.

.05 Other Provisions in the Code. The

Alternative Cost Method does not affect

the application of general capitalization

rules to developers under §§ 263(a) and

263A. Thus, common improvement costs

incurred under § 461(h) are allocated

among the benefitted units and may provide the basis for additional computations

(for example, interest capitalization under

§ 263A(f)).

.06 Examples. The following examples

illustrate the application of the Alternative

Cost Method.

(1) Example 1. (a) Facts. Developer will build 10

houses as part of the same project on a tract of land.

The project is expected to take 3 years to complete.

Developer is contractually obligated to provide common improvements that will benefit all the houses

on the tract equally. Developer estimates that the

common improvement costs will total $500,000,

and the estimate does not change during the project. The common improvement costs are not properly recoverable through depreciation by Developer.

Pursuant to section 5.03 of this revenue procedure,

Developer allocates the estimated cost of common

improvements pro rata to each house. Accordingly,

each house’s allocable share of the estimated cost of

the common improvements is $50,000 ($500,000/10

houses). During Year 1, Developer sells four houses

and incurs, within the meaning of § 461(h), $250,000

of common improvement costs. In Year 2, Developer

sells four houses and incurs, within the meaning of §

461(h), $150,000 of common improvement costs. In

Year 3, Developer sells two houses and incurs, within

the meaning of § 461(h), $100,000 of common improvement costs. Developer uses an accrual method

of accounting to account for the sale of all 10 houses

in the development project and uses the Alternative

Cost Method.

(b) Year 1--(i) Alternative Cost Method Used.

Because Developer used the Alternative Cost Method, Developer includes $200,000 of estimated cost

of common improvements in the aggregate bases of

the four houses sold during Year 1 in determining the

gain or loss resulting from the sales. This amount is

the allocable share of the estimated cost of common

improvements for the four houses as of the end of

474

Year 1, $200,000 ($50,000 x 4) and does not exceed

the amount of the common improvement costs incurred with respect to the qualifying project under §

461(h) as of the end of Year 1 (that is, the alternative

cost limitation), $250,000.

(ii) Alternative Cost Method Not Used. If Developer had not used the Alternative Cost Method,

Developer would allocate the $250,000 of common

improvement costs incurred to all 10 houses in the

project and only include $100,000 ($250,000/10 x

4) of common improvement costs in the aggregate

bases of the houses sold during Year 1 in determining

the gain or loss resulting from the sales.

(c) Year 2--(i) Alternative Cost Method Used.

Because Developer used the Alternative Cost Method, Developer includes $200,000 of estimated cost

of common improvements in the aggregate bases of

the four houses sold during Year 2 in determining the

gain or loss resulting from the sales. This amount is

the allocable share of the estimated cost of common

improvements as of the end of Year 2 for the four

houses, $200,000 ($50,000 x 4). The total amount of

estimated cost of common improvements included in

the bases of all of the houses sold as of the end of

Year 2, $400,000 ($200,000 in Year 1 + $200,000 in

Year 2), does not exceed the amount of the common

improvement costs incurred with respect to the qualifying project under § 461(h) as of the end of Year

2 (that is, the alternative cost limitation), $400,000.

(ii) Alternative Cost Method Not Used. If Developer had not used the Alternative Cost Method,

it would allocate the $150,000 of common improvement costs incurred in Year 2 to all 10 houses in the

project ($15,000 to each house). The $60,000 allocated to the four houses sold in Year 1 would be recovered as a reduction to Developer’s income in Year

2. The $60,000 allocated to the 4 houses sold in Year

2 would be included in their aggregate adjusted bases

(along with the $100,000 of common improvement

costs incurred in Year 1) in determining the gain or

loss resulting from the sales. The remaining $30,000

allocated to the 2 houses that were not yet sold as of

the end of Year 2 would be included in their aggregate adjusted bases and recovered when those houses

are sold in Year 3.

(d) Year 3--(i) Alternative Cost Method Used.

Because Developer used the Alternative Cost Method, Developer includes $100,000 of estimated cost

of common improvements in the aggregate bases of

the two houses sold during Year 3 in determining the

gain or loss resulting from the sales. This amount is

the allocable share of the estimated cost of common

improvements as of the end of Year 3 for the two

houses, $100,000 ($50,000 x 2). The total amount of

estimated cost of common improvements included in

the bases of all of the houses sold as of the end of

Year 3, $500,000 ($200,000 in Year 1 + $200,000 in

Year 2 + $100,000 in Year 3), does not exceed the

amount of the common improvement costs incurred

with respect to the qualifying project under § 461(h)

as of the end of Year 3 (that is, the alternative cost

limitation), $500,000.

(ii) Alternative Cost Method Not Used. If Developer had not used the Alternative Cost Method, it

would allocate the $100,000 common improvement

costs incurred in Year 3 to all 10 houses in the project

($10,000 to each house). The $80,000 allocated to

the 8 houses sold in Year 1 and Year 2 would be re-

Bulletin No. 2023–7

covered as a reduction to Developer’s income in Year

3. The remaining $20,000 allocated to the 2 houses

sold in Year 3 would be included in their aggregate

adjusted bases (along with the $80,000 of common

improvement costs incurred in Year 1 and Year 2 and

allocated to such houses) in determining the gain or

loss resulting from the sales.

(2) Example 2. (a) Facts. The facts are the same

as in Example 1, except that the project is expected

to take 4 years to complete, and Developer incurs,

within the meaning of § 461(h), $30,000 of common

improvement costs in Year 2, $130,000 of common

improvement costs in Year 3, and $90,000 of common

improvement costs in Year 4. In addition, Developer sells only one house in Year 3 and one house in

Year 4.

(b) Year 1. Alternative Cost Method Used. The

results in Year 1 are the same as in Example 1.

(c) Year 2. Alternative Cost Method Used. Because Developer used the Alternative Cost Method,

Developer may include $80,000 of estimated cost

of common improvements in the aggregate bases of

the four houses sold during Year 2 in determining

the gain or loss resulting from the sales. The total

amount of estimated cost of common improvements

allocable to all of the houses sold as of the end of

Year 2, $400,000 ($200,000 in Year 1 + $200,000

in Year 2), exceeds the alternative cost limitation

of $280,000 ($250,000 + $30,000) by $120,000

($400,000 - $280,000). The estimated cost not yet

taken into account because of the alternative cost

limitation, $120,000, may be taken into account

when common improvement costs are incurred in a

subsequent year.

(c) Year 3. Alternative Cost Method Used. Because Developer used the Alternative Cost Method, Developer may take into account $130,000 of

estimated cost of common improvements in Year

3. The total amount of estimated cost of common

improvements allocable to all of the houses sold as

of the end of Year 3, $450,000 ($200,000 in Year

1 + $200,000 in Year 2 + $50,000 in Year 3), exceeds the alternative cost limitation of $410,000

($250,000 + $30,000 + 130,000) by $40,000

($450,000 - $410,000). Developer first allocates

$120,000 of the estimated cost to the four houses

sold in Year 2 and recovers the amount as a reduction to income in Year 3. Developer includes the

remaining $10,000 ($130,000 - $120,000) in the

basis of the house sold in Year 3 in determining the

gain or loss resulting from the sale. The estimated

cost not included in basis because of the alternative

cost limitation, $40,000, may be taken into account

when the remaining $90,000 of common improvement costs are incurred in Year 4.

(3) Example 3. (a) Facts. The facts are the same

as in Example 1, except that in Year 2, after the filing

of Developer’s original federal income tax return for

Year 1, Developer determines that the estimated cost

for common improvements increased from $500,000

to $700,000. Further, during Year 2, Developer incurs, within the meaning of § 461(h), $340,000 of

common improvement costs (rather than $150,000).

In Year 3, after the filing of Developer’s original

federal income tax return for Year 2, Developer

determines that the estimated cost for common improvements decreased from $700,000 to $625,000.

During Year 3, Developer incurs, within the meaning

Bulletin No. 2023–7

of § 461(h), $35,000 of common improvement costs

(rather than $100,000).

(b) Year 2. Alternative Cost Method Used. Developer does not amend its federal income tax return or

file an administrative adjustment request for Year 1

to account for the change in the estimated cost of

common improvements. The correction to the estimated cost of common improvements is made in

Year 2. The $200,000 increase to the estimate of the

cost of common improvements is allocated equally to all 10 homes in the project. The total amount

of estimated cost of common improvements taken

into account for Year 2 is $360,000, comprised of

$280,000 ($700,000/10 x 4) of estimated cost of

common improvements included in the aggregate

bases of the four houses sold during Year 2 plus

$80,000 of the Year 2 increase to the estimate of the

cost of common improvements that is allocated to

the four houses sold in Year 1 ($20,000 x 4), which

reduces Developer’s income for Year 2. The total

amount of estimated cost of common improvements

included in the bases of (or otherwise taken into account with respect to) all of the houses sold as of

the end of Year 2, $560,000 ($200,000 in Year 1 +

$360,000 in Year 2), does not exceed the amount of

the common improvement costs incurred with respect to the qualifying project under § 461(h) as of

the end of Year 2 (that is, alternative cost limitation),

$590,000.

(c) Year 3. Alternative Cost Method Used. Developer does not amend its federal income tax return or file an administrative adjustment request for

Year 2 to account for the change in the estimated

cost of common improvements. The correction to the

estimated cost of common improvements is made

in Year 3. The $75,000 downward adjustment to

the estimate of the cost of common improvements

is allocated equally to all 10 homes in the project.

The total amount of estimated cost of common improvements taken into account in Year 3 is $65,000,

which is comprised of $125,000 ($625,000/10 x 2)

of common improvement costs included in the aggregate bases of the two houses sold during Year 3

minus $60,000 of the Year 3 decrease in the estimate

of the cost of common improvements allocable to the

eight houses sold in Year 1 and Year 2 ($7,500 x 8),

which increases Developer’s income in Year 3. The

total amount of estimated cost of common improvements included in the bases of (or otherwise taken

into account with respect to) all of the houses sold as

of the end of Year 3, $625,000 ($200,000 in Year 1 +

$360,000 in Year 2 + $65,000 in Year 3), does not exceed the amount of the common improvement costs

incurred with respect to the qualifying project under

§ 461(h) as of the end of Year 3 (that is, alternative

cost limitation), $625,000.

(4) Example 4. (a) Facts. The facts are the same

as in Example 1, except that the 10 houses are each

the subject matter of a CCM contract. Each CCM

contract requires Developer to construct a house and

common improvements. In Years 1, 2, and 3, when

Developer sells four, four and two houses, respectively, it has incurred, without regard to the Alternative Cost Method, at least 95 percent of the estimated allocable costs of each of the respective CCM

contracts.

(b) Year 1--(i) Alternative Cost Method Used.

Because Developer used the Alternative Cost Meth-

475

od, Developer treats $200,000 of estimated cost of

common improvements as incurred allocable contract costs for purposes of determining income upon

completion of the four CCM contracts in Year 1. This

amount is the allocable share of the estimated cost of

common improvements for the four CCM contracts

completed in Year 1, $200,000 ($50,000 x 4), and

does not exceed the amount of the common improvement costs incurred with respect to the qualifying

project under § 461(h) as of the end of Year 1 (that is,

the alternative cost limitation), $250,000.

(ii) Alternative Cost Method Not Used. If Developer had not used the Alternative Cost Method,

Developer would have allocated the $250,000 of

common improvement costs incurred to all 10 CCM

contracts for houses in the project and only treated

$100,000 ($250,000/10 x 4) of common improvement costs as incurred allocable contract costs for

purposes of determining income upon the completion of the four CCM contracts in Year 1.

(c) Year 2—(i) Alternative Cost Method Used.

Because Developer used the Alternative Cost Method, Developer treats $200,000 of estimated cost of

common improvements as incurred allocable contract costs for purposes of determining income upon

completion of the four CCM contracts in Year 2. This

amount is the allocable share of the estimated cost

of common improvements for the four CCM contracts completed during Year 2, $200,000 ($50,000

x 4). The total amount of estimated cost of common

improvements treated as incurred allocable contract

costs for all eight CCM contracts completed as of

the end of Year 2, $400,000 ($200,000 in Year 1 +

$200,000 in Year 2), does not exceed the amount of

the common improvement costs incurred with respect to the qualifying project under § 461(h) as of

the end of Year 2 (that is, the alternative cost limitation), $400,000.

(ii) Alternative Cost Method Not Used. If Developer had not used the Alternative Cost Method,

it would have allocated the $150,000 of common

improvement costs incurred in Year 2 to all 10 CCM

contracts ($15,000 to each contract). The $60,000 allocated to the four CCM contracts completed in Year

1 would have been recovered as a reduction to Developer’s income in Year 2. The $60,000 allocated to

the four CCM contracts completed in Year 2 would

have been treated as incurred allocable contract costs

for purposes of determining income upon completion of the contracts (along with the $100,000 of

common improvement costs incurred in Year 1 and

allocated to such contracts). The remaining $30,000

allocated to the two CCM contracts that were not yet

completed as of the end of Year 2 would be included

in the allocable contract costs for such contracts and

recovered when those contracts were completed in

Year 3.

(d) Year 3--(i) Alternative Cost Method Used.

Because Developer used the Alternative Cost Method, Developer treats $100,000 of estimated costs of

common improvements as incurred allocable contract costs for purposes of determining income upon

completion of the two CCM contracts in Year 3. This

amount is the allocable share of the estimated cost

of common improvements for the two CCM contracts completed during Year 3, $100,000 ($50,000

x 2). The total amount of estimated cost of common

improvements treated as incurred allocable con-

February 13, 2023

tract costs for all ten CCM contracts completed as

of the end of Year 3, $500,000 ($200,000 in Year 1

+ $200,000 in Year 2 + $100,000 in Year 3), does

not exceed the amount of the common improvement

costs incurred with respect to the qualifying project

under § 461(h) as of the end of Year 3 (that is, the

alternative cost limitation), $500,000.

(ii) Alternative Cost Method Not Used. If Developer had not used the Alternative Cost Method,

it would have allocated the $100,000 common improvement costs incurred in Year 3 to all 10 CCM

contracts ($10,000 to each contract). The $80,000

allocated to the eight CCM contracts completed in

Year 1 and in Year 2 would have been recovered as

a reduction to Developer’s income in Year 3. The

remaining $20,000 allocated to two CCM contracts

completed in Year 3 would have been treated as incurred allocable contract costs for such contracts

(along with the $80,000 of common improvement

costs incurred in Year 1 and Year 2 and allocated to

such contracts).

obligation or legal requirement to provide

the common improvements.

.03 Retention Period for Records.

Pursuant to § 1.6001-1(e), all books and

records required to be maintained in section 6.02 of this revenue procedure are

required to be retained so long as the contents thereof may become material in the

administration of any internal revenue

law. For this purpose, such books and records need to be retained, at a minimum,

as long as costs of the qualifying project

may be incurred or taken into account and

for 3 years after the filing of the federal tax

return for the last taxable year in which

the costs of the qualifying project may be

incurred or taken into account.

SECTION 6. RETENTION AND

PRODUCTION OF RECORDS

SECTION 7. TAXPAYERS THAT

DO NOT USE THE ALTERNATIVE

COST METHOD

.01 In General. A developer using the

Alternative Cost Method must keep, and

timely provide to the Commissioner upon

request, records and books of account

that are sufficient to establish compliance

with the requirements of this revenue

procedure. See § 1.6001-1. If a developer fails to provide the required records in

a timely manner or fails to demonstrate

reasonable cause for the failure to maintain and produce the required records,

the developer’s method of accounting for

its common improvement costs may be

changed at the discretion of the Commissioner to a proper method of accounting.

See Rev. Proc. 2002-18, 2002-13 I.R.B.

678.

.02 Sufficiency of Records. The records

and books of account that are sufficient

to establish compliance with the requirements of this revenue procedure will include sufficient information to support (1)

the estimated cost of common improvements for each qualifying project, including documentation showing how the

developer determined the estimated cost

of common improvements and that the

estimate was reasonable, and any changes

to that estimate, (2) the allocation of the

estimated cost of common improvements

to each of the benefitted houses, parcels or

lots in the qualifying project (and to each

CCM contract), (3) the application of the

alternative cost limitation to the qualifying

project, and (4) the taxpayer’s contractual

February 13, 2023

A developer that fails to substantially

comply with the provisions of this revenue

procedure, including a developer whose

estimates of common improvement costs

are unreasonable under the circumstances,

will not be permitted to use the Alternative

Cost Method and therefore must include

only common improvement costs that

have been incurred under § 461(h) in the

basis of benefitted units (or in allocable

contract costs) of a project for the purpose

of determining the gain or loss resulting

from the sale of the units (or income upon

CCM contract completion).

SECTION 8. CHANGE IN METHOD

OF ACCOUNTING

.01 In general. The Alternative Cost

Method is a method of accounting subject

to § 446 and the regulations under § 446.

A change to the Alternative Cost Method

as provided in this revenue procedure is a

change in method of accounting to which

§§ 446(e) and 481 apply. An eligible taxpayer that wants to change to the Alternative Cost Method as defined in section 5

of this revenue procedure, or that wants

to change from the 92-29 alternative cost

method, must use the automatic change

procedures in Rev. Proc. 2015-13 or its

successor.

.02 Automatic change procedures. Rev.

Proc. 2022-14 is modified to add new section 20.14 to read as follows:

476

.14 Alternative Cost Method.

(1) Description of change. This change

applies to a taxpayer that wants to change

its method of accounting for common improvement costs either to (1) use the Alternative Cost Method in accordance with

Rev. Proc. 2023-9; or (2) discontinue using the alternative cost method under Rev.

Proc. 92-29 (92-29 alternative cost method) and instead account for common improvement costs using an accrual method

of accounting under § 461.

(2) Applicability. This change applies

to a taxpayer:

(a) that wants to change to the Alternative Cost Method described in Rev. Proc.

2023-9, for all of its qualifying projects

within a trade or business, including taxpayers that want to change their method

of allocating adjustments to the estimated

cost of common improvements for all of

their qualifying projects within a trade or

business;

(b) that, on the first day of the first taxable year beginning after December 31,

2022, in the same trade or business, uses

the 92-29 alternative cost method for one

or more qualifying projects that are in

progress and an accrual method under §

461 to account for common improvement

costs for one or more qualifying projects

that are in progress (legacy rule). For purposes of this section, a qualifying project

is in progress if the developer has sold

at least one unit in the project in a prior

taxable year (or in the case of a developer

that uses the completed contract method,

has completed at least one contract in the

project in a prior taxable year) and holds

units in the project available for sale

during the taxable year. In this situation,

the taxpayer is not required to change

to the Alternative Cost Method for such

qualifying projects in progress using an

accrual method under § 461 as long as

all new qualifying projects in the trade

or business are accounted for using the

Alternative Cost Method in accordance

with Rev. Proc. 2023-9; or

(c) that, on the first day of the first taxable year beginning after December 31,

2022, wants to change from the 92-29 alternative cost method to an accrual method under § 461 for all of its qualifying

projects in a trade or business.

(3) Inapplicability. This change does

not apply to a taxpayer that is using the

Bulletin No. 2023–7

Alternative Cost Method described in

Rev. Proc. 2023-9 that wants to change

its method of allocating the estimated

cost of common improvements among the

benefitted units in the qualifying project

(and in the case of a taxpayer using the

completed contract method described in §

1.460-4(d) (CCM), a taxpayer that wants

to change its method of allocating the estimated cost of common improvements

among all the CCM contracts, as defined

in section 4.03 of Rev. Proc. 2023-9, in the

qualifying project).

(4) Short Form 3115 in lieu of a standard Form 3115 for certain taxpayers.

(a) Applicability. The procedures described in section 20.14(4)(b) may be

used by a taxpayer to make a change in

method of accounting described in section

20.14(2)(a) or (b) for the taxpayer’s first

taxable year beginning after December

31, 2022, provided the taxpayer otherwise

meets the requirements of this section

20.14(4)(a). A taxpayer may use a short

Form 3115 in lieu of a standard Form 3115

only if the § 481(a) adjustment required by

each such change is zero, and the taxpayer either: (1) is currently using the 92-29

alternative cost method for all qualifying

projects and wants to change to the Alternative Cost Method in accordance with

Rev. Proc. 2023-9 for all trades or businesses with such qualifying projects for

the taxpayer’s first taxable year beginning

after December 31, 2022; or (2) wants to

apply the legacy rule described in section

20.14(2)(b) of this revenue procedure to

change to the Alternative Cost Method

in accordance with Rev. Proc. 2023-9 for

the taxpayer’s first taxable year beginning

after December 31, 2022. Notwithstanding any provisions of this section 20.14, a

taxpayer making more than one change in

method of accounting under this revenue

procedure for the same year of change is

not permitted to net the § 481(a) adjustments to determine if the taxpayer meets

the requirements to use the streamlined

method change procedures.

(b) Short Form 3115. A taxpayer making a change under section 20.14(4)(a) for

the taxpayer’s first taxable year beginning

after December 31, 2022, is required to

complete only the following information

on Form 3115 (Rev. 2018):

(i) The identification section of page 1

(above Part I);

Bulletin No. 2023–7

(ii) The signature section at the bottom

of page 1;

(iii) Part I, line 1(a); and

(iv) For taxpayers using the legacy

rule, Part II, line 16(a) identifying any

qualifying projects in progress for which

the taxpayer used the 92-29 alternative

cost method and any qualifying projects in progress for which taxpayer will

continue to use an accrual method of accounting.

(5) Eligibility rule temporarily inapplicable. The eligibility rule in section

5.01(1)(f) of Rev. Proc. 2015-13, 2015-5

I.R.B. 419, does not apply to the changes

described in this section 20.14 for the taxpayer’s first taxable year beginning after

December 31, 2022.

(6) Examples. The following examples

illustrate the application of the Alternative Cost Method in accordance with Rev.

Proc. 2023-9.

(a) Example 1. (i) Facts. Developer, a calendar

year taxpayer that uses an overall accrual method of

accounting, is in the business of developing residential subdivisions. As of December 31, 2022, Developer has two subdivision projects in progress in its

only trade or business, Project A and Project B; both

projects are separate qualifying projects, as defined

in section 4.01 of Rev. Proc. 2023-9. Developer sold

the first lots in both projects during the 2022 taxable

year. Developer requested consent to use the 92-29

alternative cost method for Project A in 2022. Developer has not requested consent to use the 92-29

alternative cost method for Project B.

(ii) Application of the Alternative Cost Method in

accordance with Rev. Proc. 2023-9 for all qualifying

projects. Developer wants to use the Alternative Cost

Method for both qualifying projects. Developer must

file a change in method of accounting using the automatic change in method of accounting procedures

of this section 20.14 and must calculate the § 481(a)

adjustment resulting from changing the method of

accounting for Project A and Project B, if any.

(b) Example 2. Application of the legacy rule.

The facts are the same as in Example 1, except that

Developer wants to use the Alternative Cost Method for Project A but not for Project B. Pursuant to

section 20.14 of this revenue procedure, Developer

does not have to apply the Alternative Cost Method to Project B. However, if the Developer applies

the Alternative Cost Method for Project A, then

the Developer must also apply the Alternative Cost

Method to all new qualifying projects in its trade or

business for taxable years beginning after December

31, 2022. Developer must also calculate the § 481(a)

adjustment resulting from changing the method of

accounting for Project A, if any.

(7) Designated automatic accounting

method change number.

(a) Change to the Alternative Cost

Method in accordance with Rev. Proc.

2023-9. The designated automatic ac-

477

counting method change number for a

change to the Alternative Cost Method

in accordance with section 20.14(2)(a) is

“266.”

(b) Legacy rule. The designated automatic accounting method change number

for a taxpayer that wants to apply the legacy rule described in section 20.14(2)(b)

for the taxpayer’s first taxable year beginning after December 31, 2022, is “267.”

(c) Change to an accrual method. The

designated automatic accounting method

change number for a change to an accrual method in accordance with section

20.14(2)(c) for the taxpayer’s first taxable

year beginning after December 31, 2022,

is “268.”

(8) Contact information. For further

information regarding a change under this

section 20.14, contact Maria Castillo Valle

at (202) 317-7003 (not a toll-free call).

SECTION 9. EFFECT ON OTHER

DOCUMENTS

.01 This revenue procedure obsoletes

Rev. Proc. 92-29 for taxable years beginning after December 31, 2022.

.02 This revenue procedure modifies

and amplifies Rev. Proc. 2022-14.

SECTION 10. EFFECTIVE DATE

.01 This revenue procedure is effective

for taxable years beginning after December 31, 2022.

.02 Developers that have received consent pursuant to Rev. Proc. 92-29 to use

the 92-29 alternative cost method cannot

use the 92-29 alternative cost method for

taxable years beginning after December

31, 2022. Developers who wish to use the

Alternative Cost Method must follow the

rules and satisfy the conditions in this revenue procedure for taxable years beginning after December 31, 2022.

SECTION 11. PAPERWORK

REDUCTION ACT

The collection of information contained in this revenue procedure has been

submitted to the Office of Management

and Budget for review under OMB control number 1545-0123 in accordance with

the Paperwork Reduction Act (44 U.S.C.

3507(d)). An agency may not conduct or

February 13, 2023

sponsor, and a person is not required to

respond to, a collection of information

unless the collection of information displays a valid OMB control number. The

collection of information in this revenue

procedure is in section 8. This information

is necessary and will be used to determine

whether the taxpayer properly changed to

a permitted method of accounting. The

February 13, 2023

collections of information are required for

the taxpayer to obtain consent to change

its method of accounting.

SECTION 12. DRAFTING

INFORMATION

the Office of Associate Chief Counsel

(Income Tax & Accounting). For further information regarding this revenue

procedure, contact Ms. Castillo Valle at

(202) 317-7003.

The principal author of this revenue procedure is Maria Castillo Valle of

478

Bulletin No. 2023–7

Definition of Terms

Revenue rulings and revenue procedures

(hereinafter referred to as “rulings”) that

have an effect on previous rulings use the

following defined terms to describe the

­effect:

Amplified describes a situation where

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

being extended to apply to a variation of

the fact situation set forth therein. Thus, if

an earlier ruling held that a principle applied to A, and the new ruling holds that

the same principle also applies to B, the

earlier ruling is amplified. (Compare with

modified, below).

Clarified is used in those instances

where the language in a prior ruling is being made clear because the language has

caused, or may cause, some confusion. It

is not used where a position in a prior ruling is being changed.

Distinguished describes a situation

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

difference between them.

Modified is used where the substance

of a previously published position is being

changed. Thus, if a prior ruling held that a

principle applied to A but not to B, and the

new ruling holds that it applies to both A

and B, the prior ruling is modified because

it corrects a published position. (Compare

with amplified and clarified, above).

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

This term is most commonly used in a ruling

that lists previously published rulings that

are obsoleted because of changes in laws or

regulations. A ruling may also be obsoleted

because the substance has been included in

regulations subsequently adopted.

Revoked describes situations where the

position in the previously published ruling

is not correct and the correct position is

being stated in a new ruling.

Superseded describes a situation where

the new ruling does nothing more than

restate the substance and situation of a

previously published ruling (or rulings).

Thus, the term is used to republish under

the 1986 Code and regulations the same

position published under the 1939 Code

and regulations. The term is also used

when it is desired to republish in a single

ruling a series of situations, names, etc.,

that were previously published over a

period of time in separate rulings. If the

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

terms is used. For example, modified and

superseded describes a situation where the

substance of a previously published ruling

is being changed in part and is continued

without change in part and it is desired to

restate the valid portion of the previously published ruling in a new ruling that is

self contained. In this case, the previously

published ruling is first modified and then,

as modified, is superseded.

Supplemented is used in situations in

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

countries, is published in a ruling and that

list is expanded by adding further names

in subsequent rulings. After the original

ruling has been supplemented several

times, a new ruling may be published that

includes the list in the original ruling and

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

Suspended is used in rare situations to

show that the previous published rulings

will not be applied pending some future

action such as the issuance of new or

amended regulations, the outcome of cases in litigation, or the outcome of a Service study.

Abbreviations

The following abbreviations in current

use and formerly used will appear in

material published in the Bulletin.

A—Individual.

Acq.—Acquiescence.

B—Individual.

BE—Beneficiary.

BK—Bank.

B.T.A.—Board of Tax Appeals.

C—Individual.

C.B.—Cumulative Bulletin.

CFR—Code of Federal Regulations.

CI—City.

COOP—Cooperative.

Ct.D.—Court Decision.

CY—County.

D—Decedent.

DC—Dummy Corporation.

DE—Donee.

Del. Order—Delegation Order.

DISC—Domestic International Sales Corporation.

DR—Donor.

E—Estate.

EE—Employee.

E.O.—Executive Order.

ER—Employer.

Bulletin No. 2023–7

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.

February 13, 2023

Numerical Finding List1

Bulletin 2023–7

Announcements:

2023-2, 2023-2 I.R.B. 344

2023-1, 2023-3 I.R.B. 422

2023-3, 2023-5 I.R.B. 447

2023-4, 2023-7 I.R.B. 470

Notices:

2023-4, 2023-2 I.R.B. 321

2023-5, 2023-2 I.R.B. 324

2023-6, 2023-2 I.R.B. 328

2023-8, 2023-2 I.R.B. 341

2023-1, 2023-3 I.R.B. 373

2023-2, 2023-3 I.R.B. 374

2023-3, 2023-3 I.R.B. 388

2023-7, 2023-3 I.R.B. 390

2023-9, 2023-3 I.R.B. 402

2023-10, 2023-3 I.R.B. 403

2023-11, 2023-3 I.R.B. 404

2023-12, 2023-6 I.R.B. 450

2023-13, 2023-6 I.R.B. 454

Proposed Regulations:

REG-100442-22, 2023-3 I.R.B. 423

REG-146537-06, 2023-3 I.R.B. 436

REG-114666-22, 2023-4 I.R.B. 437

Revenue Procedures:

2023-1, 2023-1 I.R.B. 1

2023-2, 2023-1 I.R.B. 120

2023-3, 2023-1 I.R.B. 144

2023-4, 2023-1 I.R.B. 162

2023-5, 2023-1 I.R.B. 265

2023-7, 2023-1 I.R.B. 305

2023-8, 2023-3 I.R.B. 407

2023-10, 2023-3 I.R.B. 411

2023-11, 2023-3 I.R.B. 417

2023-14, 2023-6 I.R.B. 466

2023-9, 2023-7 I.R.B. 471

Revenue Rulings:

2023-1, 2023-2 I.R.B. 309

2023-3, 2023-6 I.R.B. 448

Treasury Decisions:

9970, 2023-2 I.R.B. 311

9771, 2023-3 I.R.B. 346

A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2022–27 through 2022–52 is in Internal Revenue Bulletin

2022–52, dated December 27, 2022.

1

February 13, 2023

ii

Bulletin No. 2023–7

Finding List of Current Actions on

Previously Published Items1

Bulletin 2023–7

A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2022–27 through 2022–52 is in Internal Revenue Bulletin

2022–52, dated December 27, 2022.

1

Bulletin No. 2023–7

iii

February 13, 2023

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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