# Bulletin No. 2024–13

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/agency%3Airs%3Ad717a78d6031ef2b

## Record

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

## Text

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

1.

Submit a letter citing the specification.

2.

State your understanding of the specification.

3.

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

722

Bulletin No. 2024–13

4.

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

727

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

728

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

1.

Why the IRS needs the information,

2.

How it will be used, and

3.

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.
1.

OMB No. 1545-0029 (preferred).

2.

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

730

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

Bulletin No. 2024–13

731

March 25, 2024

March 25, 2024

732

Bulletin No. 2024–13

Bulletin No. 2024–13

733

March 25, 2024

March 25, 2024

734

Bulletin No. 2024–13

Bulletin No. 2024–13

735

March 25, 2024


March 25, 2024

736

Bulletin No. 2024–13

Bulletin No. 2024–13

737

March 25, 2024

March 25, 2024

738

Bulletin No. 2024–13

Bulletin No. 2024–13

739

March 25, 2024

March 25, 2024

740

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,
(C) That, pursuant to the joint operating agreement, is organized exclusively
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.
***
(c) Partial exclusion from subchapter
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.

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.

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

1
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

ii

Bulletin No. 2024–13

Finding List of Current Actions on
Previously Published Items1
Bulletin 2024–13

1
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/.

We Welcome Comments About the Internal Revenue Bulletin

If you have comments concerning the format or production of the Internal Revenue Bulletin or suggestions for improving it,
we would be pleased to hear from you. You can email us your suggestions or comments through the IRS Internet Home Page
www.irs.gov) or write to the Internal Revenue Service, Publishing Division, IRB Publishing Program Desk, 1111 Constitution Ave.
NW, IR-6230 Washington, DC 20224.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/agency%3Airs%3Ad717a78d6031ef2b. Public record. Not legal advice.