Bulletin No. 2024–13

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HIGHLIGHTS

OF THIS ISSUE

Bulletin No. 2024–13

March 25, 2024

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, SPECIAL

ANNOUNCEMENT

INCOME TAX

Notice 2024-28, page 720.

The proposed regulations would provide certain exceptions to

the existing regulations regarding elections by certain unincorporated organizations to be excluded from the application of

otherwise applicable partnership tax rules. These exceptions

would apply to certain unincorporated organizations owned, in

full or in part, by one or more tax-exempt organizations, the

District of Columbia, State and local governments, Indian Tribal

governments, Alaska Native Corporations, the Tennessee Valley Authority, rural electric cooperatives or certain agencies

or instrumentalities. Such owners would be permitted to make

elective payment elections under section 6417(a) with respect

to certain property held by the unincorporated organization,

provided that certain requirements are met.

This notice requests recommendations for the 2024-2025

Priority Guidance Plan.

EMPLOYMENT TAX

Rev. Proc. 2024-11, page 721.

General Rules and Specifications for Substitute Form 941,

Schedule B (Form 941), Schedule D (Form 941), Schedule R

(Form 941), and Form 8974.

This revenue procedure provides general rules and specifications from the IRS for paper and computer-generated

substitutes for Form 941; Schedule B (Form 941); Schedule

D (Form 941); Schedule R (Form 941); and Form 8974. This

revenue procedure supersedes Revenue Procedure 202313, 2023-13 I.R.B. 581.

Finding Lists begin on page ii.

REG-101552-24, page 741.

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.

March 25, 2024

Bulletin No. 2024–13

Part III

Public Recommendations

Invited on Items to be

Included on the 2024-2025

Priority Guidance Plan

Notice 2024-28

The Department of the Treasury (Treasury Department) and the Internal Revenue Service (IRS) invite the public to

submit recommendations for items to be

included on the 2024-2025 Priority Guidance Plan.

The Treasury Department’s Office of

Tax Policy and the IRS use the Priority

Guidance Plan each year to identify and

prioritize the tax issues that should be

addressed through regulations, revenue

rulings, revenue procedures, notices, and

other published administrative guidance.

The 2024-2025 Priority Guidance Plan

will identify guidance projects that the

Treasury Department and the IRS intend

to actively work on as priorities during the

period from July 1, 2024, through June 30,

2025.

The Treasury Department and the IRS

recognize the importance of public input

in formulating a Priority Guidance Plan

that focuses resources on guidance items

that are most important to taxpayers and

tax administration. Published guidance

plays an important role in increasing voluntary compliance by helping to clarify

ambiguous areas of the tax law. The published guidance process is most successful if the Treasury Department and the

IRS have the benefit of the experience

and knowledge of taxpayers and practitioners who must apply the rules implementing the tax laws.

This solicitation reflects an emphasis

on taxpayer engagement with the Treasury Department and the IRS through a

variety of channels, consistent with the

directive of the Taxpayer First Act, Pub.

L. 116-25, 133 Stat. 981.

March 25, 2024

In reviewing recommendations and

selecting additional projects for inclusion

on the 2024-2025 Priority Guidance Plan,

the Treasury Department and the IRS will

consider the following:

1. Whether the recommended guidance

resolves significant issues relevant to

a broad class of taxpayers;

2. Whether the recommended guidance

reduces controversy and lessens the

burden on taxpayers or the IRS;

3. Whether the recommended guidance

relates to recently enacted legislation,

such as the Inflation Reduction Act of

2022, Pub. L. No. 117-169 (August

16, 2022);

4. Whether

the

recommendation

involves existing regulations or other

guidance that is outdated, unnecessary, ineffective, insufficient, or

unnecessarily burdensome and that

should be modified, streamlined,

expanded, replaced, or withdrawn;

5. Whether the recommended guidance

promotes sound tax administration;

6. Whether the IRS can administer the

recommended guidance on a uniform

basis; and

7. Whether the recommended guidance

can be drafted in a manner that will

enable taxpayers to easily understand

and apply the guidance.

Please submit recommendations for

guidance by Friday, May 31, 2024, for possible inclusion on the original 2024-2025

Priority Guidance Plan. Taxpayers may,

however, submit recommendations for guidance at any time during the year. The Treasury Department and the IRS will update the

2024-2025 Priority Guidance Plan periodically to reflect additional guidance that the

Treasury Department and the IRS intend to

publish or have published during the plan

year. The periodic updates allow the Treasury Department and the IRS to respond in

a timely manner to the need for additional

guidance that may arise during the plan year.

Taxpayers are not required to submit

recommendations for guidance in any

720

particular format. Taxpayers should,

however, briefly describe the recommended guidance and explain the need

for the guidance. In addition, taxpayers may include an analysis of how the

issue should be resolved. For recommendations to modify, streamline, or withdraw existing regulations or other guidance, taxpayers should explain how the

changes would reduce taxpayer cost and/

or burden or benefit tax administration. It

would be helpful if taxpayers suggesting

more than one guidance project prioritize

the projects by order of importance. If a

large number of projects are being suggested, it would be helpful if the projects

were grouped by subject matter and then

in terms of high, medium, or low priority. Requests for guidance in the form

of petitions for rulemaking will be considered with other recommendations for

guidance in accordance with the considerations described in this notice.

Taxpayers are strongly encouraged to

submit recommendations for guidance

electronically via the Federal eRulemaking Portal at www.regulations.gov (type

IRS-2024-0009 in the search field on the

regulations.gov homepage to find this

notice and submit recommendations).

Taxpayers submitting recommendations

by mail should send them to:

I nternal Revenue Service

Attn: CC:PA:01:PR (Notice 2024-28)

Room 5203

P.O. Box 7604

Ben Franklin Station

Washington, D.C. 20044

All recommendations for guidance

submitted by the public in response to this

notice will be available for public inspection and copying in their entirety. For

further information regarding this notice,

contact Emily M. Lesniak of the Office of

the Associate Chief Counsel (Procedure

and Administration) at (202) 317-5409

(not a toll-free number).

Bulletin No. 2024–13

NOTE. This revenue procedure will be reproduced as the next revision of IRS Publication 4436, General Rules and Specifications for Substitute Form 941, Schedule

B (Form 941), Schedule D (Form 941), Schedule R (Form 941), and Form 8974.

Rev. Proc. 2024-11

TABLE OF CONTENTS

PART 1 –

Section 1.1 – Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 722

Section 1.2 – What’s New. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 723

Section 1.3 – Reminders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 724

Section 1.4 – General Requirements for Reproducing IRS Official Form 941, Schedule B, Schedule D, Schedule R,

and Form 8974 ��724

Section 1.5 – Reproducing Form 941, Schedule B, Schedule D, Schedule R, and Form 8974 for Software-Generated

Paper Forms��726

Section 1.6 – Specific Instructions for Schedule D. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 728

Section 1.7 – Specific Instructions for Schedule R. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 728

Section 1.8 – Specific Instructions for Form 8974. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 729

Section 1.9 – Office of Management and Budget (OMB) Requirements for Substitute Forms. . . . . . . . . . . . . . . . . . . . . . . . 729

Section 1.10 – Order Forms and Instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 730

Section 1.11 – Effect on Other Documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 730

Section 1.12 – Helpful Information. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 730

Section 1.13 – Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 731

Bulletin No. 2024–13

721

March 25, 2024

Part 1

Section 1.1 – Purpose

.01 The purpose of this revenue procedure is to provide general rules and specifications from

the IRS for paper and computer-generated substitutes for Form 941, Employer’s QUARTERLY

Federal Tax Return; Schedule B (Form 941), Report of Tax Liability for Semiweekly Schedule

Depositors (referred to in this revenue procedure as “Schedule B”); Schedule D (Form 941),

Report of Discrepancies Caused by Acquisitions, Statutory Mergers, or Consolidations (referred

to in this revenue procedure as “Schedule D”); Schedule R (Form 941), Allocation Schedule for

Aggregate Form 941 Filers (referred to in this revenue procedure as “Schedule R”); and Form

8974, Qualified Small Business Payroll Tax Credit for Increasing Research Activities.

Caution. Before creating a substitute Form 941, see Pub. 1167, General Rules and Specifications

for Substitute Forms and Schedules, for additional rules and specifications for payment vouchers

(Vouchers), printing in margins (Marginal Printing), and additional instructions (Additional

Instructions for All Forms).

Note. Substitute Spanish-language forms (for example, Form 941 (sp) and Schedule B (Form

941) (sp)) should also generally conform to the specifications outlined in this revenue procedure.

However, some of the measurements provided in the exhibits, later, may need to be adjusted for

substitute Spanish-language forms.

.02 This revenue procedure provides information for substitute Form 941, Schedule B, Schedule

D, Schedule R, and Form 8974. If you need more in-depth information on who must complete

these forms and how to complete them, see the Instructions for Form 941, the Instructions for

Schedule B, the Instructions for Schedule D, the Instructions for Schedule R, the Instructions for

Form 8974, and Pub. 15, Employer’s Tax Guide, or go to IRS.gov.

Note. Failure to produce acceptable substitutes of the forms and schedules listed in this revenue

procedure may result in delays in processing. This may result in penalties.

.03 Forms that completely follow the guidelines in this revenue procedure and are exact replicas

of the official IRS forms do not need to be submitted to the IRS for specific approval. Substitute

forms and schedules need to be scanned using IRS scanning equipment.

If you are uncertain of any specification and want clarification, do the following.

March 25, 2024

Submit a letter citing the specification.

State your understanding of the specification.

Enclose an example (if appropriate) of how the form would appear if produced using your

understanding.

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Bulletin No. 2024–13

Be sure to include your name, complete address, phone number, and, if applicable, your email

address with your correspondence. Send your request to SCRIPS@IRS.gov or SubstituteForms@IRS.gov, or use the following address.

Internal Revenue Service

Attn: Substitute Forms Program

SE:W:CAR:MP:P:TP:TP ATSC

4800 Buford Highway, Mail Stop 061-N

Chamblee, GA 30341

Note. Allow at least 30 days for the IRS to respond.

.04 However, software developers and form producers should send a blank copy of their substitute

Form 941, Schedule B, and Schedule R in Portable Document Format (PDF) to SCRIPS@IRS.

gov. The purpose is not specifically for approval but to assist the IRS in preparing to scan these

forms. Submitters will only receive comments if a significant problem is discovered through this

process. Submitters are not expected to delay marketing their forms in order to receive feedback.

Submitters must not include any “live” taxpayer data on any substitute form submitted for review.

.05 Form 941, Schedule B, Schedule R, and Form 8974 have a six-digit form ID code in the upper

right-hand corner. The first two digits of the form ID code represent whether the form is an official

paper form or a substitute 6x10 grid. The third and fourth digits of the form ID code are a unique

identifier that is subject to change each quarter when changes are made to a page of the form. The

fifth and six digits of the form ID code generally represent the year in which the IRS made major

formatting changes to the layout of a page of the form. The following six-digit form ID codes,

some of which have been updated for the first quarter of 2024, are currently used on Form 941,

Schedule B, Schedule R, and Form 8974.

•

Official paper forms: 950124 (Form 941, page 1); 950224 (Form 941, page 2); 960311

(Schedule B); 950424 (Schedule R, page 1); 950524 (Schedule R, page 2); and 951823 (Form

8974).

•

Substitute 6x10 grids: 970124 (Form 941, page 1); 970224 (Form 941, page 2); 970311

(Schedule B); 970424 (Schedule R, page 1); 970524 (Schedule R, page 2); and 971823 (Form

8974).

You must always use the form ID code provided on the current form for the applicable quarter

for which you are creating a substitute form, even if this revenue procedure is not superseded to

reflect a change to a form ID code.

.06 This revenue procedure will be updated only if there are major formatting changes to the

layout of the forms (that is, changes to the measurements provided in the exhibits at the end of this

revenue procedure) or there are other changes that impact the processing of substitute forms. This

revenue procedure won’t be updated solely because a line is changed to “Reserved for future use”

or solely because a form ID code changes without major formatting changes.

Section 1.2 – What’s New

Bulletin No. 2024–13

723

March 25, 2024

.01 Form 941 was revised to delete all lines related to the credit for qualified sick and family leave

wages, as enacted under the Families First Coronavirus Response Act (FFCRA) and amended and

extended by the COVID-related Tax Relief Act of 2020, for leave taken after March 31, 2020, and

before April 1, 2021, and the credit for qualified sick and family leave wages under sections 3131,

3132, and 3133 of the Internal Revenue Code, as enacted under the American Rescue Plan Act of

2021 (the ARP), for leave taken after March 31, 2021, and before October 1, 2021. Additionally,

all lines that were previously “Reserved for future use” have been deleted. Form 941 is now a twopage form instead of a three-page form.

.02 The Privacy Act and Paperwork Reduction Act Notice was removed from Form 941. The

Privacy Act and Paperwork Reduction Act Notice is now in the Instructions for Form 941.

.03 Forms 941-SS and 941-PR were discontinued after 2023. Employers in the U.S. territories will

file Form 941, or if they prefer their form in Spanish, they can file new Form 941 (sp).

Section 1.3 – Reminders

.01 Draft forms. Draft forms can be found at IRS.gov/DraftForms.

Section 1.4 – General Requirements for Reproducing IRS Official Form 941, Schedule B, Schedule D, Schedule R,

and Form 8974

.01 Submit substitute Form 941, Schedule B, Schedule D, Schedule R, and Form 8974 to the IRS

for specifications review. Substitute Form 941, Schedule B, Schedule D, Schedule R, and Form

8974 that completely conform to the specifications contained in this revenue procedure do not

require prior approval from the IRS, but should be submitted to SCRIPS@IRS.gov to ensure that

they conform to IRS format and scanning specifications.

.02 Print the form on standard 8.5-inch wide by 11-inch paper.

.03 Use white paper that meets generally accepted weight, color, and quality standards (minimum

20 lb. white bond paper).

Note. Reclaimed fiber in any percentage is permitted provided that the requirements of this

standard are met.

.04 The IRS prefers printing Form 941 on both sides of a single sheet of paper, but it is acceptable

to print on one side of each of two separate sheets of paper.

.05 Make the substitute paper form as identical to the official form as possible.

March 25, 2024

724

Bulletin No. 2024–13

.06 Print the substitute form using nonreflective black (not blue or other-colored) ink. Printing in

an ink color other than black may reduce readability in the scanning process. This may result in

figures being too faint to be recognizable.

.07 Use typefaces that are substantially identical in size and shape to the official form and use rules

and shading (if used) that are substantially identical to those on the official form. Use font size as

large as possible within the fields.

.08 In the same location as shown on the official IRS forms, print the six-digit form ID code (if one

exists on the official form) on each form using nonreflective black, carbon-based, 12-point font.

The use of non-OCR-A font may reduce readability for scanning. Use the official form to develop

your substitute form.

Note. Maintain as much white space as possible around the form ID code. Do not allow character

strings to print adjacent to the code.

The following six-digit form ID codes are used on Form 941, Schedule B, Schedule R, and Form

8974 for the first quarter of 2024. Print “950124” on Form 941, page 1; “950224” on Form 941,

page 2; “960311” on Schedule B; “950424” on Schedule R, page 1; “950524” on Schedule R, page

2; and “951823” on Form 8974. You must always use the form ID code provided on the current

form for the applicable quarter for which you are creating a substitute form, even if this revenue

procedure is not superseded to reflect a change to a form ID code. See Section 1.5 for information

on form ID codes for software-generated forms.

.09 Print the OMB number in the same location as on the official form. Be sure to include the

OMB number on Form 941, Schedule B, Schedule D, Schedule R, and Form 8974.

.10 Print all entry boxes and checkboxes exactly as shown (location and size) on the official forms.

Note. Instead of a four-sided checkbox for the entry, just the bottom line of the box can be used as

long as the location and size remain the same.

.11 Print “For Privacy Act and Paperwork Reduction Act Notice, see separate instructions.” at the

bottom of page 1 of Form 941.

.12 Print “For Paperwork Reduction Act Notice, see separate instructions.” at the bottom of

Schedule B and Schedule D.

.13 Print “For Paperwork Reduction Act Notice, see the separate instructions.” at the bottom of

Schedule R.

.14 Print “For Paperwork Reduction Act Notice, see the separate instructions.” at the bottom of

Form 8974.

.15 Do not print the form catalog number (“Cat. No.”) at the bottom of the forms or instructions.

Instead, print your IRS-issued three-letter substitute form source code in place of the catalog

number on the left at the bottom of page 1 of Form 941, Schedule B, Schedule D, Schedule R, and

Form 8974.

Bulletin No. 2024–13

725

March 25, 2024

Note. You can obtain a three-letter substitute form source code by requesting it by email at

SubstituteForms@IRS.gov. Enter “Substitute Forms” on the subject line.

.16 Do not print the Government Publishing Office (GPO) symbol at the bottom of the forms or

instructions.

Section 1.5 – Reproducing Form 941, Schedule B, Schedule D, Schedule R, and Form 8974 for Software-Generated

Paper Forms

.01 You may use the PDF files to develop the layout for your forms. Draft forms found at IRS.

gov/DraftForms can be used to develop interim formats until the forms are finalized. When forms

become finalized, they are posted and can be found at IRS.gov/Forms. You may use 6x10 grid

formats to develop software versions of Form 941, Schedule B, Schedule D, Schedule R, and

Form 8974.

Please follow the specifications exactly to develop the fields.

.02 If you are developing software using the 6x10 grid, the following six-digit form ID codes are

used on Form 941, Schedule B, Schedule R, and Form 8974 for the first quarter of 2024.

•

“970124” for Form 941, page 1; “970224” for Form 941, page 2; “970311” for Schedule B;

“970424” for Schedule R, page 1; “970524” for Schedule R, page 2; and “971823” for Form

8974.

You must always use the form ID code provided on the current form, with the first two digits

changed to “97” when using a 6x10 grid, for the applicable quarter for which you are creating

a substitute form, even if this revenue procedure is not superseded to reflect a change to a

form ID code.

Note. Maintain as much white space as possible around the form ID code. Do not allow character strings to print adjacent to the code.

March 25, 2024

•

Place all 6x10 grid boxes and entry spaces in the same field locations as indicated on the official forms.

•

Use single lines for “Employer Identification Number (EIN)” and other entry areas in the

entity section of Form 941, pages 1 and 2; Schedule B; Schedule R, pages 1 and 2; and Form

8974.

•

Reverse type is not needed as shown on the official form.

•

Do not pre-print decimal points in the data boxes. However, where the amounts are required,

the amounts should be printed with decimal points and place holders for cents.

•

Delete the pre-printed formatting in any “date” boxes.

•

Use a single box for “Personal Identification Number (PIN)” on Form 941.

•

You may delete all shading when using the 6x10 grid format.

726

Bulletin No. 2024–13

.03 If producing both the form and the data or the form only, print your three-letter source code

at the bottom of Form 941, page 1; Schedule B; Schedule D; Schedule R, page 1; or Form 8974.

See Section 1.4.15.

.04 If producing only the data on the form, print your four-digit software industry vendor code

on Form 941. The four-digit vendor code preceded by four zeros and a slash (0000/9876) must

be pre-printed. If you have a valid vendor code issued to you through the National Association

of Computerized Tax Processors (NACTP), you should use that code. If you do not have a valid

vendor code, contact the NACTP via email at president@nactp.org for information on these codes.

.05 Print “For Privacy Act and Paperwork Reduction Act Notice, see separate instructions.” at the

bottom of Form 941, page 1.

.06 Print “For Paperwork Reduction Act Notice, see separate instructions.” at the bottom of

Schedule B and Schedule D.

.07 Print “For Paperwork Reduction Act Notice, see the separate instructions.” at the bottom of

Schedule R, page 1.

.08 Print “For Paperwork Reduction Act Notice, see the separate instructions.” at the bottom of

Form 8974.

.09 Be sure to print the OMB number in the same location as on the official forms on substitute

Form 941, Schedule B, Schedule D, Schedule R, and Form 8974.

.10 Do not print the form catalog number (“Cat. No.”) at the bottom of the forms or instructions.

.11 Do not print the Government Publishing Office (GPO) symbol at the bottom of the forms or

instructions.

.12 To ensure accurate scanning and processing, enter data on Form 941, Schedule B, Schedule D,

Schedule R, and Form 8974 as follows.

•

Display/print the name and EIN on all pages and attachments in the proper associated fields.

•

Use 12-point (minimum 10-point) Courier font (where possible).

•

Omit dollar signs. Commas are optional.

•

Except for Form 941, lines 1, 2, and 12, leave blank any data field with a value of zero. However, employers in American Samoa, Guam, the Commonwealth of the Northern Mariana

Islands, the U.S. Virgin Islands, and Puerto Rico may leave line 2 blank, unless they have

employees who are subject to U.S. income tax withholding.

•

Enter negative amounts with a minus sign. For example, report “-10.59” instead of “(10.59).”

Note. The IRS prefers that you use a minus sign for negative amounts instead of parentheses or

some other means. However, if your software only allows for parentheses in reporting negative

amounts, you may use them.

Bulletin No. 2024–13

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March 25, 2024

Section 1.6 – Specific Instructions for Schedule D

.01 To properly file and to reduce delays and contact from the IRS, Schedule D must be produced

as close as possible to the official form.

.02 Use Schedule D to explain why you have certain discrepancies. See the Instructions for

Schedule D for more information. In many cases, the information on Schedule D helps the IRS

resolve discrepancies without contacting you.

.03 If a substitute Schedule D is not submitted in similar format to the official IRS schedule, the

substitutes may be returned, you may be contacted by the IRS, delays in processing may occur,

and you may be subject to penalties.

Section 1.7 – Specific Instructions for Schedule R

.01 To properly file and to reduce delays and contact from the IRS, Schedule R and Continuation

Sheets for Schedule R must be produced as close as possible to the official form.

Note. Do not present the information in spreadsheet or similar format. We may not be able to

properly process nonconforming documents with an excessive number of entries. Complete as

many Continuation Sheets for Schedule R (Schedule R, page 2) as necessary. If Continuation

Sheets are not used or they vary in form from the official form, processing may be delayed and

you may be subject to penalties.

.02 Use Schedule R to allocate the aggregate information reported on Form 941 to each client. If

you have more than 5 clients, complete as many Continuation Sheets for Schedule R as necessary.

Attach Schedule R, including any Continuation Sheets, to your aggregate Form 941 and file it

with your return.

Enter your business information carefully.

Make sure all information exactly matches the information shown on the aggregate Form 941.

Compare the total of each column on Schedule R, line 9 (including your information on line 8),

to the amounts reported on the aggregate Form 941. For each column total of Schedule R, the

relevant line from Form 941 is noted in the column heading. The March 2024 revision of Schedule

R now has some columns that are used only when Schedule R is attached to Form 941-X. If the

totals on Schedule R, line 9, do not match the totals on Form 941, there is an error that must be

corrected before submitting Form 941 and Schedule R.

.03 Do:

March 25, 2024

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Bulletin No. 2024–13

•

Develop and submit only conforming Schedules R;

•

Follow the format and fields exactly as on the official Schedule R, even if this revenue procedure is not superseded to reflect a change in a column heading on Schedule R; and

•

Maintain the same number of entry lines on the substitute Schedule R as on the official form.

.04 Do not:

•

Add or delete entry lines;

•

Submit spreadsheets, database printouts, or similar formatted documents instead of using the

Schedule R format to report data; and

•

Reduce or expand font size to add or delete extra data or lines.

.05 If substitute Schedules R and Continuation Sheets for Schedule R are not submitted in similar

format to the official schedule, the substitutes may be returned, you may be contacted by the IRS,

delays in processing may occur, and you may be subject to penalties.

Section 1.8 – Specific Instructions for Form 8974

.01 To properly file and to reduce delays and contact from the IRS, Form 8974 must be produced

as close as possible to the official form.

.02 Use Form 8974 only if you are claiming the qualified small business payroll tax credit for

increasing research activities.

.03 If a substitute Form 8974 is not submitted in similar format to the official IRS form, the

substitutes may be returned, you may be contacted by the IRS, delays in processing may occur,

and you may be subject to penalties.

Section 1.9 – Office of Management and Budget (OMB) Requirements for Substitute Forms

.01 The Paperwork Reduction Act (the Act) of 1995 (P.L. 104-13) requires the following.

Bulletin No. 2024–13

•

OMB approves all IRS tax forms that are subject to the Act.

•

Each IRS form contains the OMB approval number, if assigned. The official OMB numbers

may be found on the official IRS-printed forms.

•

Each IRS form (or its instructions) states:

729

March 25, 2024

Why the IRS needs the information,

How it will be used, and

Whether or not the information is required to be furnished to the IRS.

.02 This information must be provided to any users of official or substitute IRS forms or instructions.

.03 The OMB requirements for substitute IRS forms are the following.

•

Any substitute form or substitute statement to a recipient must show the OMB number as it

appears on the official form.

•

For Form 941, Schedule B, Schedule D, Schedule R, and Form 8974, the OMB number (15450029) must appear exactly as shown on the official form.

•

For Form 941, Schedule B, Schedule D, Schedule R, and Form 8974, the OMB number must

use one of the following formats.

OMB No. 1545-0029 (preferred).

OMB # 1545-0029 (acceptable).

.04 If no instructions are provided to users of your forms, you must furnish to them the exact text

of the Privacy Act and Paperwork Reduction Act Notice.

Section 1.10 – Order Forms and Instructions

.01 You can order forms and instructions at IRS.gov/OrderForms.

Section 1.11 – Effect on Other Documents

.01 Revenue Procedure 2023-13, 2023-13 I.R.B. 581, dated March 27, 2023, is superseded.

Section 1.12 – Helpful Information

.01 Please follow the specifications and guidelines to produce substitute Form 941, Schedule B,

Schedule D, Schedule R, and Form 8974.

March 25, 2024

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Bulletin No. 2024–13

.02 These forms are subject to review and possible changes, as required. Therefore, employers are

cautioned against overstocking supplies of privately printed substitutes.

.03 Here is a review of references that were listed throughout this document.

•

Form 941, Employer’s QUARTERLY Federal Tax Return.

•

Schedule B (Form 941), Report of Tax Liability for Semiweekly Schedule Depositors

(referred to in this revenue procedure as “Schedule B”).

•

Schedule D (Form 941), Report of Discrepancies Caused by Acquisitions, Statutory Mergers,

or Consolidations (referred to in this revenue procedure as “Schedule D”).

•

Schedule R (Form 941), Allocation Schedule for Aggregate Form 941 Filers (referred to in

this revenue procedure as “Schedule R”).

•

Form 8974, Qualified Small Business Payroll Tax Credit for Increasing Research Activities.

•

Instructions for Form 941.

•

Instructions for Schedule B (Form 941).

•

Instructions for Schedule D (Form 941).

•

Instructions for Schedule R (Form 941).

•

Instructions for Form 8974.

•

Pub. 15, Employer’s Tax Guide.

•

SCRIPS@IRS.gov for submissions.

•

SubstituteForms@IRS.gov for questions.

•

For questions:

Internal Revenue Service

Attn: Substitute Forms Program

SE:W:CAR:MP:P:TP:TP ATSC

4800 Buford Highway, Mail Stop 061-N

Chamblee, GA 30341

•

IRS.gov/DraftForms for draft forms.

•

IRS.gov/Forms for final forms.

Section 1.13 – Exhibits

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Bulletin No. 2024–13

Part IV

Notice of Proposed

Rulemaking

Election to Exclude

Certain Unincorporated

Organizations Owned by

Applicable Entities from

Application of the Rules on

Partners and Partnerships

REG-101552-24

AGENCY: Internal Revenue Service

(IRS), Treasury.

ACTION: Notice of proposed rulemaking and notice of public hearing.

SUMMARY: This document contains

proposed regulations that would modify

existing regulations to allow certain unincorporated organizations that are organized exclusively to produce electricity

from certain property to be excluded from

the application of partnership tax rules.

These proposed regulations would affect

unincorporated organizations and their

members, including tax-exempt organizations, the District of Columbia, State and

local governments, Indian Tribal governments, Alaska Native Corporations, the

Tennessee Valley Authority, rural electric

cooperatives, and certain agencies and

instrumentalities. The proposed regulations would also update certain outdated

language in the existing regulations. This

document also provides a notice of public

hearing on these proposed regulations.

DATES: Written or electronic comments

must be received by May 10, 2024. A public hearing on these proposed regulations

has been scheduled for May 20, 2024, at

10 a.m. ET. Requests to speak and outlines

of topics to be discussed at the public hearing must be received by May 10, 2024. If

no outlines are received by May 10, 2024,

the public hearing will be cancelled.

ADDRESSES: Commenters are strongly

encouraged to submit public comments

Bulletin No. 2024–13

electronically via the Federal eRulemaking Portal at https://www.regulations.gov

(indicate IRS and REG-101552-24) by

following the online instructions for submitting comments. Requests for a public

hearing must be submitted as prescribed

in the “Comments and Public Hearing”

section. Once submitted to the Federal

eRulemaking Portal, comments cannot

be edited or withdrawn. The Department

of Treasury (Treasury Department) and

the IRS will publish for public availability any comments submitted to the IRS’s

public docket.

Send paper submissions to: CC:PA:01:PR

(REG-101552-24), Room 5203, Internal

Revenue Service, P.O. Box 7604, Ben

Franklin Station, Washington, DC 20044.

FOR FURTHER INFORMATION

CONTACT: Concerning the proposed

regulations, contact Cameron Williamson

at (202) 317-6684 (not a toll-free number); and concerning submissions of comments and requests for a public hearing,

contact Vivian Hayes at (202) 317-6901

(not a toll-free number) or by email to

publichearings@irs.gov (preferred).

SUPPLEMENTARY INFORMATION:

Background

This document contains proposed

amendments to the Income Tax Regulations (26 CFR part 1) under section 761(a)

of the Internal Revenue Code (Code) to

carry out the purposes of section 6417

of the Code (proposed regulations). This

document also provides notice of a public

hearing on the proposed regulations.

I. Elective payment of applicable credits

Section 6417 was added to the Code

by section 13801(a) of Public Law 117–

169, 136 Stat. 1818, 2003 (August 16,

2022), commonly referred to as the Inflation Reduction Act of 2022 (IRA). Section 6417 allows an “applicable entity”

(including tax-exempt organizations,

the District of Columbia, State and local

governments, Indian Tribal governments,

741

Alaska Native Corporations, the Tennessee Valley Authority, rural electric cooperatives, and certain agencies and instrumentalities) to make an election to treat an

“applicable credit” (as defined in section

6417(b)) determined with respect to such

entity as making a payment by such entity

against the tax imposed by subtitle A of

the Code, for the taxable year with respect

to which such credit is determined, equal

to the amount of such credit. Section 6417

also provides special rules relating to partnerships and directs the Secretary of the

Treasury or her delegate (Secretary) to

provide rules for making elections under

section 6417. Section 6417(h) requires

the Secretary to issue regulations or other

guidance as may be necessary to carry out

the purposes of section 6417. Generally,

this includes issuing guidance to ensure

that applicable entities that comply with

the terms of section 6417 can benefit from

its provisions. Section 13801(g) of the

IRA provides that section 6417 applies to

taxable years beginning after December

31, 2022.

On June 21, 2023, the Treasury

Department and the IRS published in the

Federal Register (88 FR 40528) proposed

regulations (REG-101607-23) providing

guidance on the section 6417 elective

payment election (section 6417 proposed

regulations). Proposed §1.6417-2(a)(1)

(iv) provided that partnerships are not

applicable entities described in section

6417(d)(1)(A) or proposed §1.64171(c), regardless of how many of their

partners are themselves applicable entities. Accordingly, any partnership making an elective payment election must

be an electing taxpayer (as defined in

proposed §1.6417-1(g)), and, as such,

the only applicable credits with respect

to which the partnership could make an

elective payment election would be credits determined under sections 45Q, 45V,

and 45X for the time periods allowed

in section 6417(d). However, proposed

§1.6417-2(a)(1)(iii) provided that if an

applicable entity is a co-owner in an

applicable credit property through an

organization that has made a valid election under section 761(a) to be excluded

from the application of the partnership

March 25, 2024

tax rules of subchapter K of chapter 1

of the Code (subchapter K), then the

applicable entity’s undivided ownership

share of the applicable credit property

would be treated as a separate applicable

credit property owned by such applicable

entity. As a result, the applicable entity

may make an elective payment election

for the applicable credit(s) determined

with respect to such share of the applicable credit property.

Comments were received in response

to the section 6417 proposed regulations

requesting that the Treasury Department

and the IRS provide additional guidance

as to the types of applicable credit property co-ownership arrangements that

could validly elect under section 761(a)

to be excluded from the application of

subchapter K. Specifically, stakeholders stated that certain facts and circumstances common to jointly owned and

operated renewable energy projects

appear to violate certain provisions of

§1.761-2(a). Stakeholders requested that

the Treasury Department and the IRS provide that applicable credit property indirectly owned via ownership of an interest

in an entity (other than an entity required

to be treated as a corporation under the

Code) would still be considered owned

as co-owners for purposes of §1.761-2(a)

(3)(i). Stakeholders also requested that

parties to a joint ownership arrangement

of applicable credit property producing

electricity be permitted to delegate the

authority to enter into multi-year power

purchase agreements (PPAs).

II. Overview of section 761(a) and

§1.761-2(a)(3)

Section 761(a) provides, in part, that

under regulations the Secretary may, at the

election of all of the members of an unincorporated organization, exclude such

organization from the application of all or

part of subchapter K if the income of the

members of the organization may be adequately determined without the computation of partnership taxable income and the

organization is availed of: (1) for investment purposes only and not for the active

conduct of a business, (2) for the joint

production, extraction, or use of property,

but not for the purpose of selling services

or property produced or extracted, or (3)

March 25, 2024

by dealers in securities for a short period

for the purpose of underwriting, selling, or

distributing a particular issue of securities.

The Treasury Department and the IRS

understand that unincorporated organizations seeking to be excluded from the

application of subchapter K so that one

or more of their members can make an

election under section 6417 are likely

to be formed for the joint production of

property, but not for the purpose of jointly

selling services or property produced

or extracted. Section 1.761-2(a)(3) provides additional requirements for such

unincorporated organizations to elect to

be excluded from the application of subchapter K. These additional requirements

include that the participants in such unincorporated organizations: (1) own the

property as co-owners, either in fee or

under lease or other form of contract granting exclusive operating rights (co-ownership requirement), (2) reserve the right

separately to take in kind or dispose of

their shares of any property produced,

extracted, or used (severance requirement), and (3) do not jointly sell services

or the property produced or extracted

(joint marketing requirement), although

each separate participant may delegate

authority to sell the participant’s share of

the property produced or extracted for the

time being for the participant’s account,

but not for a period of time in excess of

the minimum needs of the industry, and in

no event for more than one year. When an

electing organization is no longer eligible

to elect to be excluded from subchapter

K, its existing election automatically terminates, and the organization must begin

complying with the requirements of subchapter K.

III. Reason for proposed regulations

A. Co-ownership and Severance

Requirements

Under the current regulations, the

requirements of §1.761-2(a)(3) are met

only in situations in which interests in the

property of an electing unincorporated

organization are owned directly by its

members, rather than indirectly through

ownership of interests in an entity that

would otherwise be treated as a partnership under section 7701 and §301.7701-3

742

(for example, a limited liability company

with multiple owners).

Stakeholders have requested that

co-ownership arrangements of applicable

credit property through an entity (other

than one required to be treated as a corporation under the Code) be treated as

satisfying the co-ownership and severance

requirements. As support for this request,

stakeholders have pointed out that preIRA guidance allowing for the use of

partnership structures is widely used as

a basis for structuring projects within the

renewable energy industry and is well

understood by all parties involved in the

industry. However, direct co-ownership of

renewable energy projects that meet the

co-ownership and severance requirements

is generally limited to projects directly

including a utility or an off-taker as a

co-owner. Stakeholders have argued that

requiring renewable energy investments

to be made directly, rather than through

an entity, will make it more difficult for

parties to such arrangements to obtain

financing with respect to the investments

or negotiate contracts.

In response to the concerns raised by

stakeholders, the Treasury Department

and the IRS agree that ownership of certain applicable credit property through

an entity (other than one required to be

treated as a corporation under the Code)

is appropriate for purposes of satisfying

the co-ownership and severance requirements in the context of an entity owned

by one or more applicable entities seeking

to make elections under section 6417, provided that the other requirements of section 761(a) and §1.761-2, as it would be

modified by these proposed regulations,

are met. As previously described, arrangements treated as partnerships for Federal

income tax purposes are not treated as

applicable entities and cannot make elective payment elections except in the case

of credits determined under sections 45V,

45Q, and 45X. Thus, the Treasury Department and the IRS agree with stakeholders that to further the intent of Congress

to encourage applicable entities to build,

operate, and own renewable energy projects, it is necessary to expand the circumstances in which joint ownership arrangements of applicable credit property can be

excluded from the application of subchapter K.

Bulletin No. 2024–13

B. Joint Marketing Requirement

Under the current regulations, the

joint marketing requirement provides that

members of an unincorporated organization making an election under section

761(a) may not jointly sell services or

the property produced or extracted by the

unincorporated organization, except that

each separate participant may delegate

authority to sell the participant’s share of

the property produced or extracted for the

time being for the participant’s account,

but not for a period of time in excess of

the minimum needs of the industry, and in

no event for more than one year.

Some stakeholders have requested

that the current regulations under section

761(a) be modified to provide that multiyear PPAs entered into alongside other

members of an unincorporated organization will not violate the joint marketing

requirement. In support of this position,

stakeholders have raised that utilities

and other potential counterparties may

be averse to negotiating with multiple

owners of a single renewable energy

project, especially if any such owners

lack relevant renewable energy expertise. If applicable entities are at a disadvantage to negotiating with utilities and

other potential counterparties because of

the requirements under section 761(a)(2)

and §1.761-2, investments in applicable

credit property are unlikely to materialize in the manner intended by Congress.

Likewise, if applicable entities cannot

delegate authority to conduct such negotiations with respect to long-term projects—as is anticipated to be necessary

for PPAs and similar arrangements—

investments in applicable credit property

are unlikely to materialize in the manner

intended by Congress.

Explanation of Provisions

To carry out the purposes of section

6417 as intended by Congress, the proposed regulations contained in this notice

of proposed rulemaking would amend

the regulations under section 761(a) to

provide an exception to certain rules in

§1.761-2(a)(3) in the case of an unincorporated organization that meets four

requirements. First, the unincorporated

organization must be owned, in part or

Bulletin No. 2024–13

in full, by one or more applicable entities (as defined in section 6417(d)(1) and

§1.6417-1(c)). Second, the unincorporated organization’s members must enter

into a joint operating agreement with

respect to the applicable credit property

in which the members reserve the right

separately to take in kind or dispose

of their pro rata shares of the electricity produced, extracted, or used, or any

associated renewable energy credits or

similar credits. Third, the unincorporated

organization must, pursuant to a joint

operating agreement, be organized exclusively to jointly produce electricity from

its applicable credit property (as defined

in §1.6417-1(e)) and for which one or

more of the applicable credits listed in

section 6417(b)(2), (4), (8), (10), and

(12) is determined. This requirement

may be satisfied prior to the applicable

credit property being placed in service (if

necessary), provided the unincorporated

organization is in the process of completing the applicable credit property and

will operate the applicable credit property once it is placed in service. Fourth,

one or more of the applicable entities will

make an elective payment election under

section 6417(a) for the applicable credits determined with respect to its share of

the applicable credit property.

Solely for purposes of an election under

section 761(a) by an unincorporated organization meeting those four requirements

as well as the other requirements applicable under §1.761-2 (an applicable unincorporated organization), the proposed

regulations would modify the co-ownership and joint marketing requirements

under §1.761-2(a)(3) as follows.

The proposed regulations would modify the co-ownership requirement in

§1.761-2(a)(3)(i) to permit the participants

in the unincorporated organization to own

the applicable credit property through an

organization that is an entity (other than

an entity that is required to be treated as a

corporation under the Code).

The proposed regulations would modify the joint marketing requirement in

§1.761-2(a)(3)(iii) to provide that a delegation of authority to sell the participant’s

share of the property produced may allow

the delegee to enter into contracts that

exceed the minimum needs of the industry and may be for longer than one year,

743

provided that the delegation of authority

to act on behalf of the participant may not

be for a period of time that exceeds the

minimum needs of the industry, and in

no event for more than one year. In other

words, a participant would not be permitted to enter into an agreement binding the

participant to an agency relationship for

longer than one year, but an agent of a participant may enter into a PPA that binds

a participant to sell electricity generated

by the participant’s share of the applicable

credit property for longer than one year.

The proposed regulations would include

an example illustrating this proposed rule.

The proposed regulations would also

update certain outdated references to

§1.6031-1 and internal revenue officers.

The Treasury Department and the IRS

are considering additional updates to

modernize the section 761(a) regulations,

including rules addressing section 761(a)

elections made by dealers in securities

described in section 761(a)(3). The Treasury Department and the IRS are also

considering changes to the revocation

procedures described in §1.761-2(b)(3).

Comments are requested regarding these

considerations and any other potential

updates to the section 761(a) regulations.

Comments are requested regarding the

scope and requirements of these proposed

regulations, including whether similar

exceptions are necessary for applicable

entities that own applicable credit properties that do not produce electricity. The

Treasury Department and the IRS are

considering a rule that would terminate a

section 761(a) election made by an applicable unincorporated organization relying

on an exception in proposed §1.761-2(a)

(4)(iii) if any interest in the applicable

unincorporated organization is sold or

exchanged unless the resulting members

in the unincorporated organization make

a new section 761(a) election within a

specified time period. In addition, the

Treasury Department and the IRS are

considering a rule that would prevent the

deemed election rules in §1.761-2(b)(2)

(ii) from applying to any unincorporated

organization relying on an exception in

proposed §1.761-2(a)(4)(iii). Comments

are requested regarding these considerations and other potential means of preventing abuse of the exceptions in proposed §1.761-2(a)(4)(iii).

March 25, 2024

Proposed Applicability Dates

Proposed §1.761-2(a)(4), which would

be applicable to elections under section

761(a) by applicable unincorporated organizations to be excluded from the application of all of subchapter K, is proposed to

apply to taxable years ending on or after

the date these proposed regulations are

published in the Federal Register.

Special Analyses

I. Paperwork Reduction Act

The Paperwork Reduction Act of 1995

(44 U.S.C. 3501–3520) generally requires

that a federal agency obtain the approval

of the Office of Management and Budget (OMB) before collecting information

from the public, whether such collection

of information is mandatory, voluntary,

or required to obtain or retain a benefit.

An agency may not conduct or sponsor,

and a person is not required to respond

to, a collection of information unless the

collection of information displays a valid

control number.

This proposed regulation mentions

reporting and recordkeeping requirements

that must be satisfied for unincorporated

organizations to elect out of subchapter K.

These collections of information are generally used by the IRS for tax compliance

purposes and by taxpayers to facilitate

proper reporting and recordkeeping. The

likely respondents to these collections are

businesses and tax-exempt organizations.

Unincorporated entities meeting the

requirements outlined in §1.761-2(a)(4)

of this proposed regulation satisfy relevant reporting requirements by submitting a statement attached to, or incorporated in, a properly executed partnership

return, Form 1065, containing, in lieu of

the information required by Form 1065

and by the instructions relating thereto,

only the name or other identification and

the address of the organization together

with information on the return, or in the

statement attached to the return, showing

the names, addresses, and identification

numbers of all the members of the organization; a statement that the organization qualifies under paragraphs (1) and

either (2) or (3) of paragraph (a) of this

section; a statement that all of the mem-

March 25, 2024

bers of the organization elect that it be

excluded from all of subchapter K; and a

statement indicating where a copy of the

agreement under which the organization

operates is available (or if the agreement

is oral, from whom the provisions of

the agreement may be obtained). These

requirements and associated forms are

already approved by OMB under 15450123 for business filers. These proposed

regulations are not changing or creating

new collection requirements not already

approved by OMB.

The recordkeeping requirements mentioned in this proposed regulation are

considered general tax records under

§1.6001-1(e). These records are required

for the IRS to validate that electing taxpayers have consistently met the regulatory requirements outlined in §1.761-2.

For PRA purposes, general tax records are

already approved by OMB under 15450123 for business filers and 1545-0047 for

tax-exempt organizations.

II. Regulatory Flexibility Act

The Secretary of the Treasury hereby

certifies that the proposed regulations will

not have a significant economic impact on

a substantial number of small entities pursuant to the Regulatory Flexibility Act (5

U.S.C. chapter 6).

These proposed regulations would

affect unincorporated organizations that

elect out of subchapter K in connection

with an election under section 6417, as

well as the members of such organizations.

Data is not readily available about these

organizations. Such organizations could

not have made an election out of subchapter K under the current regulations, so

information about existing organizations

that have made section 761(a) elections is

not instructive.

Even if these proposed regulations

affect a substantial number of small entities, such impact will not be significant.

The proposed regulations do not make it

more costly to make or maintain an election under section 761(a).

These proposed regulations do not

change the procedural requirements under

current §1.761-2(b) for making an election under section 761(a). Other than to

conform to modern formatting conven-

744

tions, the proposed regulations would

amend §1.761-2(b) only by adding a

parenthetical to clarify that in making a

valid section 761 election, which requires

attaching certain statements to a Form

1065 as required in accordance with the

current regulations, proposed §1.761-2(a)

(4) should be taken into account, as applicable, with regard to the required statement that the organization qualifies under

§1.761-2(a)(1) and either §1.761-2(a)(2)

or (a)(3) “(taking into account §1.7612(a)(4), as applicable)”. Otherwise, an

unincorporated organization making an

election under these proposed regulations

would not be required to submit anything

additional or different than required under

current §1.761-2(b).

These proposed regulations impose no

new ongoing compliance costs. Though

any unincorporated organization that has

made an election under section 761(a)

should ensure that it remains qualified

under §1.761-2(a)(1) and either §1.7612(a)(2) or (3) (taking into account proposed §1.761-2(a)(4), as applicable), the

proposed regulations do not add to this

obligation. In fact, these proposed regulations could make it simpler for certain

unincorporated organizations to stay qualified, given their joint operating agreements that satisfy the modified co-ownership and severance requirements and

multi-year PPAs that satisfy the modified

joint marketing requirement.

For the reasons stated, a regulatory

flexibility analysis under the Regulatory

Flexibility Act is not required. The Treasury Department and the IRS invite comments on the number of entities affected

and the impact of the proposed regulations

on small entities.

Pursuant to section 7805(f), this notice

of proposed rulemaking has been submitted to the Chief Counsel for the Office of

Advocacy of the Small Business Administration for comment on its impact on small

business.

III. Unfunded Mandates Reform Act

Section 202 of the Unfunded Mandate

Reform Act of 1995 (UMRA) requires

that agencies assess anticipated costs and

benefits and take certain other actions

before issuing a final rule that includes any

Federal mandate that may result in expen-

Bulletin No. 2024–13

ditures in any one year by a State, local,

or Tribal government, in the aggregate,

or by the private sector, of $100 million

(updated annually for inflation). These

proposed regulations do not include any

Federal mandate that may result in expenditures by State, local, or Tribal governments or by the private sector in excess of

that threshold.

IV. Executive Order 13132: Federalism

Executive Order 13132 (Federalism)

prohibits an agency from publishing any

rule that has federalism implications if

the rule either imposes substantial, direct

compliance costs on State and local governments, and is not required by statute,

or preempts State law, unless the agency

meets the consultation and funding

requirements of section 6 of the Executive order. These proposed regulations do

not have federalism implications and do

not impose substantial, direct compliance

costs on State and local governments or

preempt State law within the meaning of

the Executive order.

V. Executive Order 13175: Consultation

and Coordination With Indian Tribal

Governments

Executive Order 13175 (Consultation and Coordination With Indian Tribal

Governments) prohibits an agency from

publishing any rule that has Tribal implications if the rule either imposes substantial, direct compliance costs on Indian

Tribal governments, and is not required

by statute, or preempts Tribal law, unless

the agency meets the consultation and

funding requirements of section 5 of the

Executive order. This proposed rule does

not have substantial direct effects on

one or more federally recognized Indian

tribes and does not impose substantial

direct compliance costs on Indian Tribal

governments within the meaning of the

Executive order.

Nevertheless, on July 17, 2023, the

Treasury Department and the IRS held a

consultation with Tribal leaders requesting

assistance in addressing questions related

to the section 6417 proposed rules published on June 14, 2023, which informed

the development of these proposed regulations.

Bulletin No. 2024–13

VI. Regulatory Planning and Review

Pursuant to the Memorandum of

Agreement, Review of Treasury Regulations under Executive Order 12866 (June

9, 2023), tax regulatory actions issued by

the IRS are not subject to the requirements

of section 6 of Executive Order 12866, as

amended. Therefore, a regulatory impact

assessment is not required.

Comments and Public Hearing

Before these proposed regulations are

adopted as final regulations, consideration will be given to comments regarding the notice of proposed rulemaking

that are submitted timely to the IRS as

prescribed in the preamble under the

“ADDRESSES” section. The Treasury

Department and the IRS request comments on all aspects of the proposed

regulations. All comments will be made

available at https://www.regulations.gov.

Once submitted to the Federal eRulemaking Portal, comments cannot be edited or

withdrawn.

A public hearing has been scheduled for

May 20, 2024, beginning at 10:00 a.m. ET,

in the Auditorium at the Internal Revenue

Building, 1111 Constitution Avenue, NW.,

Washington, DC. Due to building security

procedures, visitors must enter at the Constitution Avenue entrance. In addition, all

visitors must present photo identification

to enter the building. Because of access

restrictions, visitors will not be admitted

beyond the immediate entrance area more

than 30 minutes before the hearing starts.

Participants may alternatively attend the

public hearing by telephone.

The rules of 26 CFR 601.601(a)(3)

apply to the hearing. Persons who wish

to present oral comments at the hearing

must submit an outline of the topics to

be discussed and the time to be devoted

to each topic by May 10, 2024. A period

of ten minutes will be allocated to each

person for making comments. After the

deadline for receiving outlines has passed,

the IRS will prepare an agenda containing

the schedule of speakers. Copies of the

agenda will be available free of charge

at the hearing. If no outline of the topics

to be discussed at the hearing is received

by May 10, 2024, the public hearing will

be cancelled. If the public hearing is can-

745

celled, a notice of cancellation of the public hearing will be published in the Federal Register.

Individuals who want to testify in

person at the public hearing must send

an email to publichearings@irs.gov to

have your name added to the building

access list. The subject line of the email

must contain the regulation number REG101552-24 and the language “TESTIFY

In Person.” For example, the subject line

may say: Request to TESTIFY In Person

at Hearing for REG-101552-24.

Individuals who want to testify by

telephone at the public hearing must send

an email to publichearings@irs.gov to

receive the telephone number and access

code for the hearing. The subject line

of the email must contain the regulation

number REG-101552-24 and the language

“TESTIFY Telephonically.” For example,

the subject line may say: Request to TESTIFY Telephonically at Hearing for REG101552-24.

Individuals who want to attend the

public hearing in person without testifying must also send an email to publichearings@irs.gov to have your name added to

the building access list. The subject line

of the email must contain the regulation

number REG-101552-24 and the language

“ATTEND In Person.” For example, the

subject line may say: Request to ATTEND

Hearing In Person for REG-101552-24.

Requests to attend the public hearing must

be received by 5:00 p.m. ET on May 16,

2024.

Individuals who want to attend the public hearing by telephone without testifying

must also send an email to publichearings@irs.gov to receive the telephone

number and access code for the hearing.

The subject line of the email must contain the regulation number REG-10155224 and the language “ATTEND Hearing

Telephonically.” For example, the subject

line may say: Request to ATTEND Hearing Telephonically for REG-101552-24.

Requests to attend the public hearing must

be received by 5:00 p.m. ET on May 16,

2024.

Hearings will be made accessible to

people with disabilities. To request special

assistance during a hearing please contact

the Publications and Regulations Section

of the Office of Associate Chief Counsel

(Procedure and Administration) by send-

March 25, 2024

ing an email to publichearings@irs.gov

(preferred) or by telephone at (202) 3176901 (not a toll-free number) by May 15,

2024.

Statement of Availability of IRS

Documents

IRS notices and other guidance cited in

this preamble are published in the Internal

Revenue Bulletin (or Cumulative Bulletin)

and are available from the Superintendent

of Documents, U.S. Government Publishing Office, Washington, DC 20402, or by

visiting the IRS website at https://www.

irs.gov.

Drafting Information

The principal author of these proposed

regulations is Cameron Williamson. However, other personnel from the Treasury

Department and the IRS participated in

their development.

List of Subjects in 26 CFR Part 1

Income taxes, Reporting and recordkeeping requirements.

Proposed Amendments to the

Regulations

Accordingly, the Treasury Department

and the IRS propose to amend 26 CFR

part 1 as follows:

PART 1--INCOME TAXES

Paragraph 1. The authority citation

for part 1 is amended by revising the entry

for §1.761-2 to read in part as follows:

Authority: 26 U.S.C. 7805 * * *

*****

Section 1.761-2 also issued under 26

U.S.C. 6417(h).

*****

Par. 2. Section 1.761-2 is amended by:

a. Revising and republishing paragraphs (a)(1), (a)(2)(i), and (a)(3)(i);

b. Adding paragraph (a)(4);

c. Revising and republishing paragraphs (b)(1), (b)(2)(i), (b)(2)(ii), (b)(3)

(i), (c), and (e); and

d. Adding paragraph (f).

The revisions and additions read as follows:

March 25, 2024

§1.761-2 Exclusion of certain

unincorporated organizations from the

application of all or part of subchapter

K of chapter 1 of the Internal Revenue

Code.

(a) * * *(1) In general. Under conditions set forth in this section, an unincorporated organization described in paragraph (a)(2) or (3) of this section (taking

into account paragraph (a)(4) of this section, as applicable) may be excluded from

the application of all or a part of the provisions of subchapter K of chapter 1 of the

Code. Such organization must be availed

of (i) for investment purposes only and

not for the active conduct of a business,

or (ii) for the joint production, extraction,

or use of property, but not for the purpose

of selling services or property produced or

extracted. The members of such organization must be able to compute their income

without the necessity of computing partnership taxable income. Any syndicate,

group, pool, or joint venture which is

classifiable as an association, or any group

operating under an agreement which creates an organization classifiable as an

association, does not fall within these provisions.

(2) * * *

(i) Own the property as co-owners,

***

(3) * * *

(i) Own the property as co-owners,

either in fee or under lease or other form

of contract granting exclusive operating

rights, and

***

(4) Exception for certain joint ownership arrangements of applicable credit

property--(i) Scope. Paragraph (a)(4)(iii)

of this section provides certain exceptions

to specified rules in paragraph (a)(3) of

this section in the case of an applicable

unincorporated organization meeting the

requirements of paragraph (a)(4)(ii) of

this section.

(ii) Applicable unincorporated organization. For purposes of this section, an

applicable unincorporated organization is

an unincorporated organization described

in paragraph (a)(1) of this section:

(A) That is owned, in part or in

whole, by one or more applicable entities, as defined in section 6417(d)(1) and

§1.6417-1(c),

746

(B) The members of which enter into

a joint operating agreement in which the

members reserve the right separately

to take in kind or dispose of their pro

rata shares of the electricity produced,

extracted, or used, or any associated

renewable energy credits or similar credits,

to produce electricity from its applicable

credit property (as defined in §1.64171(e)) and with respect to which one or

more of the applicable credits listed in

section 6417(b)(2), (4), (8), (10), and (12)

is determined, and

(D) For which one or more of the

applicable entities will make an elective

payment election under section 6417(a)

for the applicable credits determined with

respect to its share of the applicable credit

property.

(iii) Specified exceptions for applicable unincorporated organizations. Solely

for purposes of an election under section

761(a) by an applicable unincorporated

organization that meets the requirements

of paragraphs (b) and (e) of this section:

(A) The requirement in paragraph (a)

(3)(i) of this section is modified such

that the participants are permitted to own

the applicable credit property through

an unincorporated organization that is

an entity, other than one required to be

treated as a corporation under any provision of the Code; and

(B) The requirement in paragraph (a)

(3)(iii) of this section is modified such that

the delegation of authority to sell the participant’s share of the property produced

may allow the delegee to enter into contracts the duration of which exceeds the

minimum needs of the industry and may

be for more than one year, provided that

the delegation of authority to act on behalf

of the participant may not be for a period

of time that exceeds the minimum needs

of the industry, and in no event for more

than one year.

(vi) Example. This example illustrates

the application of the specified exceptions

for applicable unincorporated organizations described in paragraph (a)(4) of this

section.

(A) Facts. T is an Indian tribal government as

defined in §1.6417-1(c) and an applicable entity, and

T and Y own an applicable credit property that will

produce electricity through a limited liability com-

Bulletin No. 2024–13

pany organized under T’s tribal law (TLLC). No

election under §301.7701-3 of this chapter has been

made to treat TLLC as an association for Federal tax

purposes. T and Y enter into a joint operating agreement with respect to the ownership and operation

of the applicable credit property in which each of T

and Y reserve the right separately to take in kind or

dispose of their pro rata shares of the electricity produced and any associated renewable energy credits

or similar credits. On January 1st of year 1, T and Y

enter into delegation agreements with Q that delegate T’s and Y’s authority to Q to sell electricity generated by T’s and Y’s shares of the applicable credit

property. The term of the delegation agreements is

one year, which does not exceed the minimum needs

of the industry. On June 1st of year 1, Q enters into

a power purchase agreement with Utility on T’s and

Y’s behalf that commits T and Y to sell the electricity

produced from their shares of the applicable credit

property to Utility for a term of 15 years. At the end

of the day on December 31st of year 1, the delegation

agreements terminate.

(B) Analysis. Because T and Y did not delegate

authority for a period of more than one year to sell

the electricity produced from their shares of the

applicable credit property, the requirements of paragraph (a)(4)(iii)(B) of this section are met. Assuming

that TLLC otherwise meets the requirements of paragraphs (a)(1) and (a)(4)(ii) of this section, TLLC is

an organization described in paragraph (a)(4)(iii)(A)

of this section and can make an election under paragraphs (b) and (e) of this section to be excluded from

the application of all of subchapter K under section

761(a). As such, T can make an elective payment

election for the applicable credits determined with

respect to its share of the applicable credit property

held by TLLC, assuming the requirements of section

6417 are otherwise met. The analysis in this example

would be the same whether Y is also an Indian tribal

government, another applicable entity, or some other

person.

(b) * * *(1) Time for making election

for exclusion. Any unincorporated organization described in paragraph (a)(1) of

this section and either paragraph (a)(2)

or (3) of this section (taking into account

paragraph (a)(4) of this section, as applicable) which wishes to be excluded from

all of subchapter K must make the election provided in section 761(a) not later

than the time prescribed by paragraph (e)

of §1.6031(a)–1 (including extensions

thereof) for filing the partnership return

for the first taxable year for which exclusion from subchapter K is desired. Notwithstanding the prior sentence such organization may be deemed to have made the

election in the manner prescribed in paragraph (b)(2)(ii) of this section.

(2) Method of making election.

(i) Except as provided in paragraph (b)

(2)(ii) of this section, any unincorporated

organization described in paragraph (a)(1)

of this section and either paragraph (a)(2)

Bulletin No. 2024–13

or (3) of this section (taking into account

paragraph (a)(4) of this section, as applicable) which wishes to be excluded from

all of subchapter K must make the election

provided in section 761(a) in a statement

attached to, or incorporated in, a properly executed partnership return, Form

1065, which shall contain the information

required in this paragraph (b)(2)(i). Such

return must be filed with the Internal Revenue Service Center where the partnership

return, Form 1065, would be required

to be filed if no election were made. To

determine the appropriate Internal Revenue Service Center, the principal office

or place of business of the person filing

the return will be considered the principal

office or place of business of the organization. The partnership return must be

filed not later than the time prescribed by

paragraph (e) of §1.6031(a)–1 (including

extensions thereof) for filing the partnership return with respect to the first taxable

year for which exclusion from subchapter K is desired. Such partnership return

shall contain, in lieu of the information

required by Form 1065 and by the instructions relating thereto, only the name or

other identification and the address of the

organization together with information on

the return, or in the statement attached to

the return, showing the names, addresses,

and identification numbers of all the members of the organization; a statement that

the organization qualifies under paragraph

(a)(1) of this section and either paragraph

(a)(2) or (3) of this section (taking into

account paragraph (a)(4) of this section,

as applicable); a statement that all of the

members of the organization elect that it

be excluded from all of subchapter K; and

a statement indicating where a copy of the

agreement under which the organization

operates is available (or if the agreement

is oral, from whom the provisions of the

agreement may be obtained).

(ii) If an unincorporated organization

described in paragraph (a)(1) of this section and either paragraph (a)(2) or (3) of

this section (taking into account paragraph

(a)(4) of this section, as applicable) does

not make the election provided in section 761(a) in the manner prescribed by

paragraph (b)(2)(i) of this section, it shall

nevertheless be deemed to have made the

election if it can be shown from all the surrounding facts and circumstances that it

747

was the intention of the members of such

organization at the time of its formation to

secure exclusion from all of subchapter K

beginning with the first taxable year of the

organization. Although the following facts

are not exclusive, either one of such facts

may indicate the requisite intent:

(A) At the time of the formation of

the organization there is an agreement

among the members that the organization

be excluded from subchapter K beginning

with the first taxable year of the organization, or

(B) The members of the organization

owning substantially all of the capital

interests report their respective shares of

the items of income, deductions, and credits of the organization on their respective

returns (making such elections as to individual items as may be appropriate) in a

manner consistent with the exclusion of

the organization from subchapter K beginning with the first taxable year of the organization.

(3) Effect of election—(i) In general. An election under this section to be

excluded will be effective unless within

90 days after the formation of the organization (or by October 15, 1956, whichever

is later) any member of the organization

notifies the Commissioner that the member desires subchapter K to apply to such

organization, and also advises the Commissioner that the member has so notified

all other members of the organization by

registered or certified mail. Such election

is irrevocable as long as the organization

remains qualified under paragraph (a)(1)

of this section and either paragraph (a)(2)

or (3) of this section (taking into account

paragraph (a)(4) of this section, as applicable), or unless approval of revocation

of the election is secured from the Commissioner. Application for permission to

revoke the election must be submitted to

the Commissioner of Internal Revenue,

Attention: T:I, Washington, DC 20224, no

later than 30 days after the beginning of

the first taxable year to which the revocation is to apply.

***

K. An unincorporated organization which

wishes to be excluded from only certain

sections of subchapter K must submit to

the Commissioner, no later than 90 days

after the beginning of the first taxable year

March 25, 2024

for which partial exclusion is desired,

a request for permission to be excluded

from certain provisions of subchapter K.

The request shall set forth the sections

of subchapter K from which exclusion is

sought and shall state that such organization qualifies under paragraph (a)(1) of

this section and either paragraph (a)(2)

or (3) of this section (taking into account

paragraph (a)(4) of this section, as applicable), and that the members of the orga-

March 25, 2024

nization elect to be excluded to the extent

indicated. Such exclusion shall be effective only upon approval of the election by

the Commissioner and subject to the conditions the Commissioner may impose.

***

(e) Cross reference. For requirements

with respect to the filing of a return

on Form 1065 by a partnership, see

§1.6031(a)–1.

*****

748

(f) Applicability date. Except as provided in paragraph (d) of this section, this

section applies to taxable years ending on

or after March 11, 2024.

Douglas W. O’Donnell,

Deputy Commissioner for Services and

Enforcement.

(Filed by the Office of the Federal Register March

5, 2024, 8:45 a.m., and published in the issue of the

Federal Register for March 11, 2024, 89 FR 17613)

Bulletin No. 2024–13

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. 2024–13

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.

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.

March 25, 2024

Numerical Finding List1

Bulletin 2024–13

Announcements:

2024-1, 2024-02 I.R.B. 363

2024-3, 2024-02 I.R.B. 364

2024-5, 2024-05 I.R.B. 635

2024-6, 2024-05 I.R.B. 635

2024-4, 2024-06 I.R.B. 665

2024-7, 2024-07 I.R.B. 673

2024-8, 2024-07 I.R.B. 674

2024-9, 2024-07 I.R.B. 675

2024-12, 2024-08 I.R.B. 676

2024-11, 2024-08 I.R.B. 683

2024-13, 2024-10 I.R.B. 710

2024-10, 2024-11 I.R.B. 711

2024-14, 2024-12 I.R.B. 719

Notices:

2024-1, 2024-02 I.R.B. 314

2024-2, 2024-02 I.R.B. 316

2024-3, 2024-02 I.R.B. 338

2024-4, 2024-02 I.R.B. 343

2024-5, 2024-02 I.R.B. 347

2024-6, 2024-02 I.R.B. 348

2024-7, 2024-02 I.R.B. 355

2024-8, 2024-02 I.R.B. 356

2024-9, 2024-02 I.R.B. 358

2024-11, 2024-02 I.R.B. 360

2024-10, 2024-03 I.R.B. 406

2024-12, 2024-05 I.R.B. 616

2024-13, 2024-05 I.R.B. 618

2024-16, 2024-05 I.R.B. 622

2024-18, 2024-05 I.R.B. 625

2024-19, 2024-05 I.R.B. 627

2024-21, 2024-06 I.R.B. 659

2024-22, 2024-06 I.R.B. 662

2024-20, 2024-07 I.R.B. 668

2024-23, 2024-07 I.R.B. 672

2024-24, 2024-10 I.R.B. 707

2024-25, 2024-12 I.R.B. 712

2024-26, 2024-12 I.R.B. 713

2024-27, 2024-12 I.R.B. 715

2024-28, 2024-13 I.R.B. 720

Revenue Procedures:—Continued

2024-4, 2024-01 I.R.B. 160

2024-5, 2024-01 I.R.B. 262

2024-7, 2024-01 I.R.B. 303

2024-8, 2024-04 I.R.B. 479

2024-9, 2024-05 I.R.B. 628

2024-12, 2024-09 I.R.B. 677

2024-13, 2024-09 I.R.B. 678

2024-14, 2024-09 I.R.B. 682

2024-15, 2024-12 I.R.B. 717

2024-11, 2024-13 I.R.B. 721

Revenue Rulings:

2024-1, 2024-02 I.R.B. 307

2024-2, 2024-02 I.R.B. 311

2024-3, 2024-06 I.R.B. 646

2024-5, 2024-07 I.R.B. 666

2024-4, 2024-10 I.R.B. 686

2024-6, 2024-10 I.R.B. 688

Treasury Decisions:

9984, 2024-03 I.R.B. 386

9985, 2024-05 I.R.B. 573

9986, 2024-05 I.R.B. 610

9987, 2024-06 I.R.B. 648

Proposed Regulations:

REG-118492-23, 2024-02 I.R.B. 366

REG-107423-23, 2024-03 I.R.B. 411

REG-121010-17, 2024-05 I.R.B. 636

REG-101552-24, 2024-13 I.R.B. 741

Revenue Procedures:

2024-1, 2024-01 I.R.B. 1

2024-2, 2024-01 I.R.B. 119

2024-3, 2024-01 I.R.B. 143

A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2023–27 through 2023–52 is in Internal Revenue Bulletin

2023–52, dated December 26, 2023.

March 25, 2024

Bulletin No. 2024–13

Finding List of Current Actions on

Previously Published Items1

Bulletin 2024–13

A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2023–27 through 2023–52 is in Internal Revenue Bulletin

2023–52, dated December 26, 2023.

Bulletin No. 2024–13

iii

March 25, 2024

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/.

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

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