Bulletin No. 2020–36

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Bulletin No. 2020–36

August 31, 2020

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

Rev. Proc. 2020-38, page 522.

This procedure provides specifications for the private printing of red-ink substitutes for the 2020 Forms W-2 and W-3.

This procedure will be produced as the next revision of Publication 1141. Rev. Proc. 2019-28 is superseded.

EMPLOYEE PLANS

Announcement 2020-14, page 549.

This announcement provides that user fees relating to certain

requests for letter rulings and determination letters submitted to Employee Plans Rulings and Agreements will increase

in four categories, effective January 4, 2021.

Notice 2020-60, page 514.

The notice provides procedures for the election of alternative minimum funding standards for defined benefit pension

plans sponsored by community newspapers under § 430(m),

Finding Lists begin on page ii.

which was added by § 115 of the SECURE Act. The draft

notice also provides guidance and relief with respect to the

election under § 430(m).

Notice 2020-64, page 519.

This notice sets forth updates on the corporate bond monthly yield curve, the corresponding spot segment rates for August 2020 used under § 417(e)(3)(D), the 24-month average

segment rates applicable for August 2020, and the 30-year

Treasury rates, as reflected by the application of § 430(h)(2)

(C)(iv).

INCOME TAX

Rev. Proc. 2020-39, page 546.

This revenue procedure addresses normalization issues

that have arisen or are anticipated in ratemaking proceedings due to the corporate tax rate decrease that

was included in the Tax Cuts and Jobs Act, Pub. L. 11597 (131 Stat 2054), enacted on December 22, 2017.

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.

August 31, 2020

Bulletin No. 2020–36

Part III

Election of Alternative

Minimum Funding

Standards for Community

Newspaper Plans

Notice 2020-60

I. Purpose

This notice provides guidance regarding the election of alternative minimum

funding standards for certain defined benefit pension plans under § 430(m) of the

Internal Revenue Code (Code), which was

added by section 115 of the Setting Every

Community Up for Retirement Enhancement Act of 2019 (SECURE Act), Division O of the Further Consolidated Appropriations Act, 2020, Pub. L. No. 116-94

(133 Stat. 2534). In addition to summarizing the relevant provisions of § 430(m),

this notice:

• Specifies the applicable United States

Treasury obligation yield curve that is

used to determine the present value of

certain increases in benefits;

• Sets forth rules and procedures relating to the election under § 430(m),

including a limited period for plan

sponsors to make the election for prior years;

• Provides relief related to the impact

of the election on the application of §

436;

• Provides additional flexibility under §

430 to facilitate retroactive elections;

and

• Provides guidance on the reporting

requirements that reflect the effect of

the election.

II. Background

Section 115(a) of the SECURE Act

added § 430(m) to the Code to permit the

plan sponsor of a community newspaper

plan under which no participant has had

an increase in accrued benefit after December 31, 2017, to elect to have alternative minimum funding standards apply to

the plan in lieu of the minimum funding

requirements that would otherwise apply under § 430.1 Pursuant to § 430(m)

(2), any election under § 430(m) is to be

made at such time and in such manner as

prescribed by the Secretary, and once an

election is made with respect to a plan

year, it will apply to all subsequent plan

years unless revoked with the consent of

the Secretary.

The term “community newspaper

plan” means a defined benefit plan maintained by an employer that, as of December 31, 2017, publishes and distributes a

daily newspaper that primarily serves a

metropolitan area with a population of at

least 100,000 in a single state,2 but only if

the employer satisfies the ownership and

control requirements of § 430(m)(4)(A)

(ii) through (iv). If the plan sponsor makes

the election under § 430(m) for its community newspaper plan, the election also

applies to all other defined benefit plans

sponsored by any member of the same

controlled group. Section 430(m)(5) defines the controlled group for purposes of

§ 430(m) as all persons treated as a single

employer under § 414(b), (c), (m), or (o)

as of December 20, 2019 (the date of enactment of the SECURE Act).

If the § 430(m) alternative minimum

funding standards apply to a plan (including a plan sponsored by a member of

the controlled group), the interest rates in

§ 430(m)(3)(A) (rather than the interest

rates in § 430(h)(2)) are used, the rules

of § 430(i) do not apply, and any shortfall amortization base is amortized over a

30-year period. For the first plan year for

which the alternative minimum funding

standards apply, all shortfall amortization

bases for prior plan years (and associated

amortization installments) are eliminated,

and a new shortfall amortization base is

determined using an interest rate of 8 percent to calculate the funding target (and,

if applicable under § 430(g)(3)(B), the

value of plan assets). The new shortfall

amortization base is amortized over a 30year period also using an 8 percent interest

rate.3

Pursuant to § 430(m)(3)(A)(ii), in the

case of a plan that has an increase in accrued benefits (or any increase in other

benefits under the plan) in a plan year

with respect to which the election is in

effect, the present value of that increase,

determined using the United States Treasury obligation yield curve for the valuation date for the plan year, must be

included in the funding target and target

normal cost (as applicable). Thus, for

example, if a sponsor of the community

newspaper plan makes an election under § 430(m) that applies beginning with

the calendar year 2018 plan year, and a

member of the plan sponsor’s controlled

group maintains a defined benefit plan

with a calendar year plan year that provides ongoing benefit accruals, then for

the January 1, 2020 valuation of that controlled group member’s plan, the portion

of the funding target that is attributable

to the benefit accruals from 2018 and

2019 (and the expected accruals for 2020

included in target normal cost) must be

determined using the United States Treasury obligation yield curve.

For later plan years for which the election applies to a plan, any new shortfall

amortization base that is established will

be amortized using a 30-year period and

an 8 percent interest rate.

III. Applicable United States Treasury

obligation yield curve

The United States Treasury obligation

yield curves that are to be used under

§ 430(m)(3)(A)(ii) are set out at https://

home.treasury.gov/data/treasury-couponissues-and-corporate-bond-yield-curves/

Section 115(b) of the SECURE Act also added § 303(m) to the Employee Retirement Income Security Act of 1974 (Pub. L. No. 93-406 (88 Stat. 829)), as amended (ERISA). Section 303(m)

of ERISA provides rules that generally are parallel to the rules of § 430(m) of the Code. Under § 101 of Reorganization Plan No. 4 of 1978 (43 FR 47713) and § 3002(c) of ERISA, the Secretary of the Treasury has interpretive jurisdiction over the subject matter addressed in this notice for purposes of ERISA, as well as the Code. Thus, the provisions of this notice relating to §

430 of the Code also apply for purposes of § 303 of ERISA, and the provisions of this notice relating to § 436 of the Code also apply for purposes of § 206(g) of ERISA.

Under § 303(m)(4)(A)(i) of ERISA, the employer may either publish and distribute a community newspaper or publish and distribute one or more community newspapers in the same state.

The effect of the election is prospective, beginning with the first year for which the election applies, and it does not have any impact on prior unpaid minimum required contributions.

August 31, 2020

514

Bulletin No. 2020–36

treasury-coupon-issues (Treasury yield

curve website). That webpage provides

links to a number of yield curves for each

month. Pursuant to § 430(m)(3)(A)(iii),

the yield curve that applies to a plan depends on whether the valuation date for

the plan year is the first day of a month,

the last day of a month, or another day

within a month.

If the plan’s valuation date is the first

day of a month, the applicable yield curve

is the daily yield curve for the last business day of the prior month. That curve

can be found on the Treasury yield curve

website by selecting the “TNC Treasury

Yield Curve Spot Rates, End of Month”

link for the applicable year and finding

the curve for the applicable month on the

spreadsheet.

If the plan’s valuation date is the last

day of a month, the applicable yield curve

is the daily yield curve for the last business day of the month. That curve can be

found on the Treasury yield curve website by selecting the “TNC Treasury Yield

Curve Spot Rates, End of Month” link for

the applicable year and finding the curve

for the month on the spreadsheet.

If the plan’s valuation date is neither

the first day of a month nor the last day of

a month, the applicable yield curve is the

monthly average of the daily yield curves

for that month. That monthly average

yield curve can be found on the Treasury

yield curve website by selecting the “TNC

Treasury Yield Curve Spot Rates, Monthly Average” link for the applicable year

and finding the curve for the month on the

spreadsheet.

IV. Rules relating to the making and

duration of an election under § 430(m)

A. Manner of election

An election to apply § 430(m) to a

community newspaper plan must be made

by the plan sponsor and be provided in

writing to the community newspaper

plan’s enrolled actuary, plan administrator, and all members of the plan sponsor’s

controlled group. The election must identify the first plan year for which the election applies, include a certification that the

plan sponsor satisfies the ownership and

control standards under § 430(m)(4)(A)

(ii) and (iii), and attach a list of members

Bulletin No. 2020–36

of the plan sponsor’s controlled group (including for each controlled group member, that member’s Employer Identification Number (EIN), and an indication of

whether that member sponsors a defined

benefit plan). The Appendix to this notice

sets forth a model election that may be

used for this purpose.

B. Election timing rules

For the first plan year for which the

election under § 430(m) applies to a plan,

different actuarial assumptions will be

used for the plan than were used for prior

plan years. Under § 1.430(d)-1(f)(1)(iii),

the actuarial assumptions that apply to the

plan for a plan year are established by filing the Schedule SB of Form 5500 for the

plan year that reflects those assumptions,

and § 1.430(d)-1(f)(1)(ii) provides that

once the actuarial assumptions have been

established for a plan year, generally they

may not be changed. These rules generally

would preclude the making of an election

under § 430(m) for a plan year after the

Schedule SB has been filed for the plan

year.

See section VI(A) of this notice for the

period during which plan sponsors may

make elections under § 430(m) for a plan

year after the actuarial assumptions have

been established for the plan year.

C. Duration of election for community

newspaper plan

Unless the plan sponsor of a community newspaper plan that has made the election to have § 430(m) apply to the plan

later revokes the election (which would

require the consent of the Internal Revenue Service (IRS)), the election continues

to apply to the plan for future plan years. A

plan sponsor of a community newspaper

plan may request permission to revoke an

election under § 430(m) using the procedures for obtaining a private letter ruling

set forth in Rev. Proc. 2020-4, 2020-1

I.R.B. 148, or its successor.

D. Duration of application of election

to controlled group member

An election to use the alternative minimum funding standards under § 430(m)

for a plan year by a plan sponsor of a

515

community newspaper plan applies to any

other defined benefit plan sponsored by a

member of the plan sponsor’s controlled

group within the meaning of § 430(m)

(5) (that is, all persons treated as a single employer with the plan sponsor under

§ 414(b), (c), (m), or (o) as of December

20, 2019) for a plan year, provided that (1)

the plan year of that other defined benefit plan begins during a plan year of the

community newspaper plan for which the

election applies to the community newspaper plan, and (2) the plan sponsor of that

other defined benefit plan is a member of

the controlled group on the first day of that

plan’s plan year.

V. Deemed immaterial treatment for

change in AFTAP

If an election under § 430(m) is made

for a plan year after a plan’s adjusted

funding target attainment percentage (AFTAP) under § 436 has been certified for

the plan year, the election will impact that

certified AFTAP. Section 1.436-1(h)(4)

(iii) sets forth rules relating to changes

in certified AFTAPs. The effect of such a

change in a certified AFTAP depends on

whether the change is material (within the

meaning of § 1.436-1(h)(4)(iii)(B)) or immaterial (within the meaning of § 1.4361(h)(4)(iii)(C)). Under § 1.436-1(h)(4)(iv)

(A), a material change in a plan’s AFTAP

will cause a plan to fail to comply with §

401(a).

Section 1.436-1(h)(4)(iii)(C) provides that, subject to certain conditions,

a change in a plan’s AFTAP is deemed to

be immaterial (even if the change would

otherwise be material) if the change results from an event specified in § 1.4361(h)(4)(iii)(C)(1) through (8). Deemed

immaterial treatment under § 1.436-1(h)

(4)(iii)(C) with respect to an event that

results in a change in AFTAP is conditioned on the AFTAP being recertified as

soon as reasonably practicable after the

event. The effect of this deemed immaterial treatment is that a plan administrator

may reflect the change in AFTAP on a

prospective basis beginning with the date

of the event (including for purposes of

determining the presumed AFTAP for the

following year).

Section 1.436-1(h)(4)(iii)(C)(9) provides authority for the expansion of the

August 31, 2020

list of events for which a resulting change

in AFTAP may be deemed immaterial

through publication of guidance in the

Internal Revenue Bulletin. Pursuant to

that authority, this notice designates an

election under § 430(m) as an event for

which a resulting change in AFTAP may

be deemed to be immaterial. Accordingly,

the change in AFTAP attributable to such

an election is deemed to be an immaterial

change in the plan’s AFTAP, provided that

the plan’s enrolled actuary recertifies the

AFTAP as soon as reasonably practicable

after the election in accordance with §

1.436-1(h)(4)(v)(D).

VI. Additional flexibility to facilitate

retroactive elections

A. Permission to change assumptions

for prior plan year

Under § 115(c) of the SECURE Act,

§ 430(m) applies to plan years ending after December 31, 2017. In light of this

retroactive effective date, this section

VI provides an exception to the general

timing rule restricting changes in actuarial assumptions after they have been

established for a plan year, to facilitate

making a § 430(m) election for a prior

year. Under this exception, a change of

the interest rate assumption that applies

to a plan pursuant to an election under

§ 430(m) is permitted to be made for a

plan year after the actuarial assumptions

for that plan year have been established

under § 1.430(d)-1(f)(1)(iii), if certain

conditions are satisfied. Specifically, an

election under § 430(m)(3) may be made

for a plan year ending after December

31, 2017, after the actuarial assumptions

for that plan year have been established

(referred to as a retroactive § 430(m)

election), provided that (1) the election is

made on or before December 31, 2020,

and (2) for each affected plan year, an

amended Schedule SB reflecting the retroactive § 430(m) election is filed no later than the date the next Schedule SB is

filed after the election is made.

In order to fully reflect the impact

of the reduced minimum funding requirement resulting from a retroactive

§ 430(m) election, section VI(B) of this

notice provides additional flexibility with

respect to certain funding balance elec-

August 31, 2020

tions for a plan year. The extended deadline and permission to revoke an election

are in addition to the deemed immaterial treatment for changes in the AFTAP

described in section V of this notice for

such a plan year.

B. Additional flexibility for funding

balance elections

Section 1.430(f)-1 provides rules regarding a plan’s prefunding balance and

funding standard carryover balance,

which may be used to offset all or a portion of the minimum required contribution

for the plan. Under § 1.430(f)-1(b)(1)(ii),

a plan sponsor may elect each year to increase the plan’s prefunding balance by an

amount not in excess of the present value

of the excess contributions for the preceding plan year. Under § 1.430(f)-1(f)(2)(i),

this election must be made no later than

the due date for the minimum required

contribution for that preceding plan year

(or a later date prescribed in guidance

published in the Internal Revenue Bulletin).

Section 1.430(f)-1(d) provides rules

regarding a plan sponsor’s election to use

the plan’s prefunding balance or funding standard carryover balance to offset

all or a portion of the minimum required

contribution for a plan year. Under §

1.430(f)-1(f)(2)(i), this election must be

made no later than the due date for the

minimum required contribution for that

plan year (or a later date prescribed in

guidance published in the Internal Revenue Bulletin). Under § 1.430(f)-1(f)(3),

a plan sponsor’s election to use a plan’s

prefunding balance or funding standard

carryover balance, is irrevocable except

as provided in § 1.430(f)-1(f)(3), or in

guidance published in the Internal Revenue Bulletin.

Pursuant to the authority in § 1.430(f)1(f)(2)(i) and § 1.430(f)-1(f)(3), the Department of the Treasury and the IRS are

providing exceptions to these rules in

order to facilitate a retroactive § 430(m)

election. Specifically, for a plan year for

which a retroactive § 430(m) election

has been made (1) the deadline for a plan

sponsor to elect to increase the plan’s

prefunding balance by an amount not in

excess of the present value of the excess

contributions for that plan year is extend-

516

ed to December 31, 2020, and (2) the

plan sponsor may revoke an election to

use a plan’s prefunding balance or funding standard carryover balance (or reduce

the portion of that balance to which an

election applied), provided that the revocation is made no later than December

31, 2020.

VII. Instructions for completing the

Schedule SB to reflect the election

For a plan year for which an election

under § 430(m) applies to a plan, the

Schedule SB of Form 5500 must be completed based on the following instructions:

Line 5 - If the funding target calculation includes some benefits for which

the present value is calculated using

the 8 percent segment interest rates

and other benefits for which present

value is calculated using the applicable

United States Treasury obligation yield

curve, the effective interest rate must

reflect both sets of rates.

Line 21a - Enter 8 percent in each of

the three segment rate fields. Do not

check the full yield curve box, even if

some or all of the funding target or the

target normal cost is calculated using

the applicable United States Treasury

obligation yield curve.

Line 21b - Enter ‘0’.

Line 27– For plan years beginning in

2017 through 2020, the instructions for

line 27 do not provide a code to reflect

that a § 430(m) election applies to the

plan and no code should be entered on

Line 27 for the plan. For future years,

see the instructions to Schedule SB.

Paperwork Reduction Act

The collections of information contained in this notice have been reviewed

and approved by the Office of Management and Budget in accordance with the

Paperwork Reduction Act (44 U.S.C. §

3507) under control number 1545-2095.

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

OMB control number.

The collections of information in this

notice are in the Appendix of this notice.

The collections of information are required

Bulletin No. 2020–36

to implement the application of the alternative minimum funding standards under §

430(m). The collections of information are

mandatory for those plan sponsors making

an election under § 430(m) to a plan.

The likely respondents are sponsors of

approximately 20 community newspaper

plans.

Any potential changes on burden will

be reported through the renewal of the

current OMB approval numbers.

Bulletin No. 2020–36

Estimates of the annualized cost to

respondents are not available at this

time.

Books or records relating to a collection of information must be retained as

long as their contents may become material in the administration of any internal

revenue law. Generally, tax returns and tax

return information are confidential, as required by § 6103.

517

Drafting information

The principal author of this notice is Tom

Morgan of the Office of the Associate Chief

Counsel (Employee Benefits, Exempt Organizations, and Employment Taxes). However, other personnel from the IRS participated

in the development of this guidance. For

further information regarding this notice,

contact Mr. Morgan or Linda Marshall at

202-317-6700 (not a toll-free number).

August 31, 2020

Appendix

Model election

As an officer of the employer sponsoring a community newspaper plan as defined in §430(m)(4) of the Internal Revenue Code

(Code), I hereby elect to apply the alternative minimum funding standards under § 430(m)(3) of the Code, beginning with the plan

year beginning _______. I also provide the following information about the employer and plan and hereby certify that the plan sponsor meets the ownership and control standards under § 430(m)(4)(A)(ii) and (iii) of the Code as set forth below:

Information about the employer and community newspaper plan:

• Name of employer

• Employer Identification Number (EIN) of employer

• Name of community newspaper

• Metropolitan area in which the newspaper is primarily distributed

• State or states in which that metropolitan area is located

• Name of plan for which election is made

• Plan number

• Date as of which benefit accruals ceased

Certifications relating to ownership and control:

• The employer is not publicly traded, and is not controlled, directly or indirectly, by a publicly traded company.

• The employer is controlled directly or indirectly (indicate all that apply):

o (1) By one or more persons residing primarily in the state in which the community newspaper is published ____

o (2) For not less than 30 years, by individuals who are members of the same family ____

o (3) By a trust created or organized in the state in which the community newspaper is published, the sole trustees of which

are persons described in (1) or (2) ____

o (4) By an entity which is described in § 501(c)(3) of the Code and exempt from taxation under § 501(a) of the Code, which

is organized and operated in the state in which the community newspaper is published, and the primary purpose of which is

to benefit communities in such state ____

o (5) By a combination of persons described in (1), (3), or (4) ____

• The employer does not control, directly or indirectly, any newspaper in any other state.

Attached is a list of all other members of the controlled group, as defined in § 430(m)(5) of the Code, including each member’s EIN,

and indicating whether that member sponsors a defined benefit plan.

Signature of employer __________________________ Date ______

Name ________________________ Title______________________

August 31, 2020

518

Bulletin No. 2020–36

Update for Weighted

Average Interest Rates,

Yield Curves, and Segment

Rates

Notice 2020-64

This notice provides guidance on the

corporate bond monthly yield curve, the

corresponding spot segment rates used

under § 417(e)(3), and the 24-month average segment rates under § 430(h)(2) of the

Internal Revenue Code. In addition, this

notice provides guidance as to the interest

rate on 30-year Treasury securities under

§ 417(e)(3)(A)(ii)(II) as in effect for plan

years beginning before 2008 and the 30year Treasury weighted average rate under

§ 431(c)(6)(E)(ii)(I).

YIELD CURVE AND SEGMENT

RATES

Section 430 specifies the minimum

funding requirements that apply to single-employer plans (except for CSEC

Applicable Month

data is in Table 2020-7 at the end of this

notice. The spot first, second, and third

segment rates for the month of July 2020

are, respectively, 0.59, 2.25, and 3.01.

The 24-month average segment rates

determined under § 430(h)(2)(C)(i)

through (iii) must be adjusted pursuant to

§ 430(h)(2)(C)(iv) to be within the applicable minimum and maximum percentages of the corresponding 25-year average

segment rates. For plan years beginning

before 2021, the applicable minimum percentage is 90% and the applicable maximum percentage is 110%. The 25-year

average segment rates for plan years beginning in 2019 and 2020 were published

in Notice 2018-73, 2018-40 I.R.B. 526,

and Notice 2019-51, 2019-41 I.R.B. 866,

respectively.

24-MONTH AVERAGE CORPORATE

BOND SEGMENT RATES

The three 24-month average corporate

bond segment rates applicable for August

2020 without adjustment for the 25-year

average segment rate limits are as follows:

24-Month Average Segment Rates Without 25-Year Average Adjustment

First Segment

Second Segment

August 2020

2.33

Based on § 430(h)(2)(C)(iv), the

24-month averages applicable for August

For Plan Years

Beginning In

plans under § 414(y)) pursuant to § 412.

Section 430(h)(2) specifies the interest rates that must be used to determine

a plan’s target normal cost and funding

target. Under this provision, present value is generally determined using three

24-month average interest rates (“segment

rates”), each of which applies to cash

flows during specified periods. To the extent provided under § 430(h)(2)(C)(iv),

these segment rates are adjusted by the applicable percentage of the 25-year average

segment rates for the period ending September 30 of the year preceding the calendar year in which the plan year begins.1

However, an election may be made under

§ 430(h)(2)(D)(ii) to use the monthly yield

curve in place of the segment rates.

Notice 2007-81, 2007-44 I.R.B. 899,

provides guidelines for determining the

monthly corporate bond yield curve, and

the 24-month average corporate bond

segment rates used to compute the target

normal cost and the funding target. Consistent with the methodology specified in

Notice 2007-81, the monthly corporate

bond yield curve derived from July 2020

3.46

2020, adjusted to be within the applicable

minimum and maximum percentages of

Third Segment

3.98

the corresponding 25-year average segment rates, are as follows:

Adjusted 24-Month Average Segment Rates

Applicable

First

Second

Month

Segment

Third

Segment

2019

August 2020

3.74

5.35

6.11

2020

August 2020

3.64

5.21

5.94

30-YEAR TREASURY SECURITIES

INTEREST RATES

Section 431 specifies the minimum

funding requirements that apply to multiemployer plans pursuant to § 412. Section

431(c)(6)(B) specifies a minimum amount

for the full-funding limitation described in

§ 431(c)(6)(A), based on the plan’s current

liability. Section 431(c)(6)(E)(ii)(I) provides that the interest rate used to calculate

current liability for this purpose must be

no more than 5 percent above and no more

than 10 percent below the weighted average of the rates of interest on 30-year Treasury securities during the four-year period

ending on the last day before the beginning

of the plan year. Notice 88-73, 1988-2 C.B.

Pursuant to § 433(h)(3)(A), the 3rd segment rate determined under § 430(h)(2)(C) is used to determine the current liability of a CSEC plan (which is used to calculate the minimum amount

of the full funding limitation under § 433(c)(7)(C)).

Bulletin No. 2020–36

519

August 31, 2020

383, provides guidelines for determining

the weighted average interest rate. The rate

of interest on 30-year Treasury securities

for July 2020 is 1.31 percent. The Service

determined this rate as the average of the

daily determinations of yield on the 30year Treasury bond maturing in May 2050.

For plan years beginning in August 2020,

the weighted average of the rates of interest on 30-year Treasury securities and the

permissible range of rates used to calculate

current liability are as follows:

For Plan Years

Beginning In

Treasury Weighted Average Rates

30-Year Treasury

Weighted Average

Permissible Range

90% to 105%

August 2020

2.51

2.26 to 2.63

under § 417(e)(3)(D) are segment rates

computed without regard to a 24-month

average. Notice 2007-81 provides guidelines for determining the minimum pres-

ent value segment rates. Pursuant to that

notice, the minimum present value segment rates determined for July 2020 are

as follows:

MINIMUM PRESENT VALUE

SEGMENT RATES

In general, the applicable interest rates

Month

Minimum Present Value Segment Rates

First Segment

Second Segment

July 2020

DRAFTING INFORMATION

The principal author of this notice is

Tom Morgan of the Office of the Asso-

August 31, 2020

0.59

2.25

ciate Chief Counsel (Employee Benefits,

Exempt Organizations, and Employment

Taxes). However, other personnel from

the IRS participated in the development

520

Third Segment

3.01

of this guidance. For further information

regarding this notice, contact Mr. Morgan

at 202-317-6700 or Paul Stern at 202-3178702 (not toll-free numbers).

Bulletin No. 2020–36

Table 2020-7

Monthly Yield Curve for July 2020

Derived from July 2020 Data

Maturity

0.5

1.0

1.5

2.0

2.5

3.0

3.5

4.0

4.5

5.0

5.5

6.0

6.5

7.0

7.5

8.0

8.5

9.0

9.5

10.0

10.5

11.0

11.5

12.0

12.5

13.0

13.5

14.0

14.5

15.0

15.5

16.0

16.5

17.0

17.5

18.0

18.5

19.0

19.5

20.0

Yield

0.26

0.37

0.46

0.53

0.58

0.62

0.67

0.73

0.80

0.89

0.99

1.10

1.22

1.35

1.47

1.60

1.72

1.84

1.95

2.05

2.14

2.23

2.31

2.38

2.44

2.50

2.55

2.59

2.63

2.66

2.69

2.71

2.74

2.75

2.77

2.79

2.80

2.81

2.82

2.83

Maturity

20.5

21.0

21.5

22.0

22.5

23.0

23.5

24.0

24.5

25.0

25.5

26.0

26.5

27.0

27.5

28.0

28.5

29.0

29.5

30.0

30.5

31.0

31.5

32.0

32.5

33.0

33.5

34.0

34.5

35.0

35.5

36.0

36.5

37.0

37.5

38.0

38.5

39.0

39.5

40.0

Bulletin No. 2020–36

Yield

2.84

2.85

2.86

2.87

2.88

2.89

2.90

2.91

2.92

2.93

2.94

2.95

2.96

2.97

2.98

2.99

3.00

3.01

3.02

Maturity

40.5

41.0

41.5

42.0

42.5

43.0

43.5

44.0

44.5

45.0

45.5

46.0

46.5

47.0

47.5

48.0

48.5

49.0

49.5

50.0

50.5

51.0

51.5

52.0

52.5

53.0

53.5

54.0

54.5

55.0

55.5

56.0

56.5

57.0

57.5

58.0

58.5

59.0

59.5

60.0

Yield

3.03

3.04

3.05

3.06

3.07

3.08

3.09

3.10

521

Maturity

60.5

61.0

61.5

62.0

62.5

63.0

63.5

64.0

64.5

65.0

65.5

66.0

66.5

67.0

67.5

68.0

68.5

69.0

69.5

70.0

70.5

71.0

71.5

72.0

72.5

73.0

73.5

74.0

74.5

75.0

75.5

76.0

76.5

77.0

77.5

78.0

78.5

79.0

79.5

80.0

Yield

3.10

3.11

3.12

3.13

Maturity

80.5

81.0

81.5

82.0

82.5

83.0

83.5

84.0

84.5

85.0

85.5

86.0

86.5

87.0

87.5

88.0

88.5

89.0

89.5

90.0

90.5

91.0

91.5

92.0

92.5

93.0

93.5

94.0

94.5

95.0

95.5

96.0

96.5

97.0

97.5

98.0

98.5

99.0

99.5

100.0

Yield

3.13

3.14

3.15

August 31, 2020

NOTE. This revenue procedure will be reproduced as the next revision of IRS Publication 1141, General Rules and Specifications for Substitute Forms W-2 and W-3.

26 CFR 601.602: Tax forms and instructions.

(Also Part I, Sections 6041, 6051, 6071, 6081, 6091; 1.6041-1, 1.6041-2, 31.6051-1, 31.6051-2, 31.6071(a)-1, 31.6081(a)-1, 31.6091-1.)

Rev. Proc. 2020-38

TABLE OF CONTENTS

Part 1 – GENERAL

Section 1.1 – Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 522

Section 1.2 – What’s New. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 524

Section 1.3 – General Rules for Paper Forms W-2 and W-3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 524

Section 1.4 – General Rules for Filing Forms W-2 (Copy A) Electronically. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 526

Part 2 – SPECIFICATIONS FOR SUBSTITUTE FORMS W-2 AND W-3

Section 2.1 – Specifications for Red-Ink Substitute Form W-2 (Copy A) and Form W-3 Filed With the SSA. . . . . . . . . . . . . . . . . 527

Section 2.2 – Specifications for Substitute Black-and-White Copy A and W-3 Forms Filed With the SSA. . . . . . . . . . . . . . . . . . . 529

Section 2.3 – Requirements for Substitute Forms Furnished to Employees (Copies B, C, and 2 of Form W-2). . . . . . . . . . . . . . . . 532

Section 2.4 – Electronic Delivery of Form W-2 and W-2c Recipient Statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 535

Part 3 – ADDITIONAL INSTRUCTIONS

Section 3.1 – Additional Instructions for Form Printers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 536

Section 3.2 – Instructions for Employers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 537

Section 3.3 – OMB Requirements for Both Red-Ink and Black-and-White Substitute Forms W-2 and W-3. . . . . . . . . . . . . . . . . . 537

Section 3.4 – Order Forms and Instructions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 538

Section 3.5 – Effect on Other Documents. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .538

Section 3.6 – Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 539

Part 1 – General

Section 1.1 – Purpose

.01 The purpose of this revenue procedure is to state the requirements of the Internal Revenue

Service (IRS) and the Social Security Administration (SSA) regarding the preparation and use of

substitute forms for Form W-2, Wage and Tax Statement, and Form W-3, Transmittal of Wage and

Tax Statements, for wages paid during the 2020 calendar year.

.02 For purposes of this revenue procedure, substitute Form W-2 (Copy A) and substitute Form

W-3 are forms that are not printed by the IRS. Copy A or any other copies of a substitute Form

W-2 or a substitute Form W-3 must conform to the specifications in this revenue procedure to be

acceptable to the IRS and the SSA. No IRS office is authorized to allow deviations from this revenue procedure. Preparers should also refer to the 2020 General Instructions for Forms W-2 and

W-3 for details on how to complete these forms. See Section 3.4 for information on obtaining the

official IRS forms and instructions. See Sections 2.3 and 2.4 for requirements for the copies of

substitute forms furnished to employees and for electronic delivery of employee copies.

.03 For purposes of this revenue procedure, the official IRS-printed red dropout ink Forms W-2

(Copy A) and W-3, and their exact substitutes, are referred to as “red-ink.” The SSA-approved

black-and-white Forms W-2 (Copy A) and W-3 are referred to as “substitute black-and-white

Copy A” and “substitute black-and-white W-3” forms.

August 31, 2020

522

Bulletin No. 2020–36

Any questions about the red-ink Form W-2 (Copy A) and Form W-3 and the substitute employee

statements should be emailed to Substituteforms@irs.gov. Please enter “Substitute Forms” on the

subject line. Or send your questions to:

Internal Revenue Service

Attn: Substitute Forms Program

SE:W:CAR:MP:P:TP

1111 Constitution Ave. NW

Room 6554

Washington, DC 20224

Any questions about the black-and-white Copy A and W-3 forms should be emailed to copy.a.

forms@ssa.gov or sent to:

Social Security Administration

Direct Operations Center

Attn: Substitute Black-and-White Copy A Forms, Room 341

1150 E. Mountain Drive

Wilkes-Barre, PA 18702-7997

Note. You should receive a response from either the IRS or the SSA within 30 days.

.04 Some Forms W-2 that include logos, slogans, and advertisements (including advertisements

for tax preparation software) may be considered as suspicious or altered Forms W-2 (also known

as “questionable Forms W-2”). An employee may not recognize the importance of the employee

copy for tax reporting purposes due to the use of logos, slogans, and advertisements. Thus, the

IRS has determined that logos, slogans, and advertising will not be allowed on Copy A of Forms

W-2, Forms W-3, or any employee copies reporting wages, with the following exceptions for the

employee copies.

•

Forms may include the exact name of the employer or agent, primary trade name, trademark,

service mark, or symbol of the employer or agent.

•

Forms may include an embossment or watermark on the information return (and copies) that

is a representation of the name, a primary trade name, trademark, service mark, or symbol of

the employer or agent.

•

Presentation may be in any typeface, font, stylized fashion, or print color normally used by

the employer or agent, and used in a nonintrusive manner.

•

These items must not materially interfere with the ability of the recipient to recognize, understand, and use the tax information on the employee copies.

The IRS e-file logo on the IRS official employee copies may be included, but it is not required, on

any of the substitute form copies.

The information return and employee copies must clearly identify the employer’s name associated

with its employer identification number.

Logos and slogans may be used on permissible enclosures, such as a check or account statement,

but not on information returns and employee copies.

Forms W-2 and W-3 are subject to annual review and possible change. This revenue procedure

may be revised to state other requirements of the IRS and the SSA regarding the preparation and

use of substitute forms for Form W-2 and Form W-3 for wages paid during the 2020 calendar year

at a future date. If you have comments about the restrictions on including logos, slogans, and advertising on information returns and employee copies, send or email your comments to: Internal

Bulletin No. 2020–36

523

August 31, 2020

Revenue Service, Attn: Substitute Forms Program, SE:W:CAR:MP:P:TP, 1111 Constitution Ave.

NW, Room 6554, Washington, DC 20224, or Substituteforms@irs.gov.

.05 The Internal Revenue Service/Information Returns Branch (IRS/IRB) maintains a centralized

customer service call site to answer questions related to information returns (Forms W-2, W-3,

W-2c, W-3c, 1099 series, 1096, etc.). You can reach the call site at 866-455-7438 (toll free) or

304-263-8700 (not a toll-free number). Persons with a hearing or speech disability with access to

Telecommunication Device for the Deaf (TDD) can call 304-579-4827 (not a toll-free number).

You may also email questions to mccirp@irs.gov. Do not submit employee information via email

because it is not secure and the information may be compromised.

File paper or electronic Forms W-2 (Copy A) with the SSA. IRS/IRB does not process Forms

W-2 (Copy A). However, IRS/IRB does process Form 8508, Request for Waiver From Filing

Information Returns Electronically, and Form 8809, Application for Extension of Time To File

Information Returns, for Forms W-2 (Copy A) and requests for an extension of time to furnish

the employee copies of Form W-2. See Publication 1220, Specifications for Electronic Filing of

Forms 1097, 1098, 1099, 3921, 3922, 5498, and W-2G, for information on waivers and extensions

of time.

.06 The following form instructions and publications provide more detailed filing procedures for

certain information returns.

•

General Instructions for Forms W-2 and W-3 (Including Forms W-2AS, W-2CM, W-2GU,

W-2VI, W-3SS, W-2c, and W-3c).

•

Publication 1223, General Rules and Specifications for Substitute Forms W-2c and W-3c.

Section 1.2 – What’s New

.01 Truncation of social security number (SSN) on employee copies of Form W-2. Employers

may now truncate the employee’s SSN on employee copies of Forms W-2. Do not truncate the

employee’s SSN on Copy A. See the 2020 General Instructions for Forms W-2 and W-3 for more

information.

.02 Box 14 or separate statement reporting of coronavirus (COVID-19) related sick and

family leave wages. Employers must report the amount of qualified sick leave wages and qualified family leave wages paid to employees under the Families First Coronavirus Response Act on

either 2020 Forms W-2, Box 14, or on a separate statement. See Notice 2020-54 (2020-31 I.R.B.

226), for more information on how to report these amounts.

.03 Editorial changes. We made editorial changes. Redundancies were eliminated as much as

possible.

Section 1.3 – General Rules for Paper Forms W-2 and W-3

.01 Employers not filing electronically must file paper Forms W-2 (Copy A) along with Form

W-3 with the SSA by using either the official IRS form or a substitute form that exactly meets the

specifications shown in Parts 2 and 3 of this revenue procedure.

August 31, 2020

524

Bulletin No. 2020–36

Note. Substitute territorial forms (W-2AS, W-2GU, W-2VI, W-3SS) must also conform to the

specifications as outlined in this revenue procedure. These forms require the form designation

(“W-2AS,” “W-2GU,” “W-2VI”) on Copy A to be in black ink. If you are an employer in the Commonwealth of the Northern Mariana Islands, you must contact Department of Finance, Division of

Revenue and Taxation, Commonwealth of the Northern Mariana Islands, P.O. Box 5234 CHRB,

Saipan, MP 96950 or www.cnmidof.net to get Form W-2CM and instructions for completing and

filing the form. For information on Forms 499R-2/W-2PR, go to www.hacienda.gobierno.pr.

Employers may design their own statements to furnish to employees. Employee statements designed by employers must comply with the requirements shown in Parts 2 and 3.

.02 Red-ink substitute forms that completely conform to the specifications contained in this revenue procedure may be privately printed without prior approval from the IRS or the SSA. Only the

substitute black-and-white Copy A and W-3 forms need to be submitted to the SSA for approval,

prior to their use (see Section 2.2).

.03 As in the past, SSA-approved black-and-white Copy A and Form W-3 may be generated using

a printer by following all guidelines and specifications (also, see Section 2.2). In general, regardless of the method of entering data, use black ink on Forms W-2 and W-3, which provides better

readability for processing by scanning equipment. Colors other than black are not easily read by

the scanner and may result in delays or errors in the processing of Forms W-2 (Copy A) and W-3.

The printing of the data should be centered within the boxes. The size of the variable data must be

printed in a font no smaller than 10-point.

Note. With the exception of the identifying number, the year, the form number for Form W-3, and

the corner register marks, the preprinted form layout for the red-ink Forms W-2 (Copy A) and W-3

must be in Flint J-6983 red OCR dropout ink or an exact match.

.04 Substitute forms filed with the SSA and substitute copies furnished to employees that do not

conform to these specifications are unacceptable. Penalties may be assessed for not complying

with the form specifications. Forms W-2 (Copy A) and W-3 filed with the SSA that do not conform

may be returned.

.05 Substitute red-ink forms should not be submitted to either the IRS or the SSA for specific approval. If you are uncertain of any specification and want clarification, do the following.

•

Submit a letter or email to the appropriate address in Section 1.1 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. Do not use actual employee information in the example.

•

Be sure to include your name, complete address, and phone number with your correspondence. If you want the IRS to contact you via email, also provide your email address.

.06 Any questions about the specifications, especially those for the red-ink Form W-2 (Copy A)

and Form W-3, should be emailed to Substituteforms@irs.gov.

Please enter “Substitute Forms” on the subject line. Or send your questions to:

Internal Revenue Service

Attn: Substitute Forms Program

SE:W:CAR:MP:P:TP

1111 Constitution Ave. NW

Room 6554

Washington, DC 20224

Bulletin No. 2020–36

525

August 31, 2020

Any questions about the substitute black-and-white Copy A and W-3 should be emailed to copy.a.

forms@ssa.gov or sent to:

Social Security Administration

Direct Operations Center

Attn: Substitute Black-and-White Copy A Forms, Room 341

1150 E. Mountain Drive

Wilkes-Barre, PA 18702-7997

Note. You should receive a response within 30 days from either the IRS or the SSA.

.07 Forms W-2 and W-3 are subject to annual review and possible change. Therefore, employers

are cautioned against overstocking supplies of privately printed substitutes.

.08 Separate instructions for Forms W-2 and W-3 are provided in the 2020 General Instructions

for Forms W-2 and W-3. Form W-3 should be used only to transmit paper Forms W-2 (Copy A).

Form W-3 is a single sheet including only essential filing information. Be sure to make a copy of

your completed Form W-3 for your records. You can order current year official IRS Forms W-2,

W-2AS, W-2GU, W-2VI, W-3, and W-3SS, and the 2020 General Instructions for Forms W-2 and

W-3, online at www.irs.gov/OrderForms. The IRS provides only cut sheet sets of Forms W-2 and

cut sheets of Form W-3.

.09 Because substitute Forms W-2 (Copy A) and W-3 are machine-imaged and scanned by the

SSA, the forms must meet the same specifications as the official IRS Forms W-2 and W-3 (as

shown in the exhibits).

Section 1.4 – General Rules for Filing Forms W-2 (Copy A) Electronically

.01 Employers must file Forms W-2 (Copy A) with the SSA electronically if they are required

to file 250 or more for a calendar year unless the IRS grants a waiver. For details, see the 2020

General Instructions for Forms W-2 and W-3. The SSA publication EFW2, Specifications for

Filing Forms W-2 Electronically, contains specifications and procedures for electronic filing of

Form W-2 information with the SSA. Employers are cautioned to obtain the most recent revision

of EFW2 (and supplements) in case there are any subsequent changes in specifications and procedures.

.02 You may obtain a copy of the EFW2 by:

•

Accessing the SSA website at www.ssa.gov/employer/EFW2&EFW2C.htm.

.03 Electronic filers do not file a paper Form W-3. See the SSA publication EFW2 for guidance on

transmitting Form W-2 (Copy A) information to SSA electronically.

.04 Employers are encouraged to electronically file Forms W-2 (Copy A) with the SSA. Doing so

will enhance the timeliness and accuracy of forms processing. You may visit the SSA’s employer

website at www.ssa.gov/employer. This helpful site has links to Business Services Online (BSO)

and tutorials on registering and using BSO to file your Forms W-2.

.05 Employers who do not comply with the electronic filing requirements for Form W-2 (Copy

A) and who are not granted a waiver by the IRS may be subject to penalties. Employers who file

Form W-2 information with the SSA electronically must not send the same data to the SSA on

paper Forms W-2 (Copy A). Any duplicate reporting may subject filers to unnecessary contacts

by the SSA or the IRS.

August 31, 2020

526

Bulletin No. 2020–36

Part 2 – Specifications for Substitute Forms W-2 and W-3

Section 2.1 – Specifications for Red-Ink Substitute Form W-2 (Copy A) and Form W-3 Filed With the SSA

.01 The official IRS-printed red dropout ink Form W-2 (Copy A) and W-3 and their exact substitutes are referred to as red-ink in this revenue procedure. Employers may file substitute Forms W-2

(Copy A) and W-3 with the SSA. The substitute forms must be exact replicas of the official IRS

forms with respect to layout and content because they will be read by scanner equipment.

Note. Even the slightest deviation can result in incorrect scanning and may affect money amounts

reported for employees.

.02 Paper used for cut sheets and continuous-pinfed forms for substitute Form W-2 (Copy A) and

Form W-3 that are to be filed with the SSA must be white 100% bleached chemical wood, 18–20

pound paper only, optical character recognition (OCR) bond produced in accordance with the

following specifications.

•

Acidity: Ph value, average, not less than . . . . . . . . . . . . . . . . . . . . . .

4.5

•

Basis weight: 17 x 22 inch 500 cut sheets, pound . . . . . . . . . . . . . . . .

18–20

•

Metric equivalent—gm./sq. meter

(a tolerance of +5 pct. is allowed) . . . . . . . . . . . . . . . . . . . . . . . . . .

•

Stiffness: Average, each direction, not less than—milligrams

Cross direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Machine direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tearing strength: Average, each direction, not less

than—grams . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Opacity: Average, not less than—percent . . . . . . . . . . . . . . . . . . . . .

Reflectivity: Average, not less than—percent . . . . . . . . . . . . . . . . . .

Thickness: Average—inch . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Metric equivalent—mm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a tolerance of +0.0005 inch (0.0127 mm) is allowed). Paper cannot vary

more than 0.0004 inch (0.0102 mm) from one edge to the other.

Porosity: Average, not less than—seconds . . . . . . . . . . . . . . . . . . . .

Finish (smoothness): Average, each side—seconds . . . . . . . . . . . . . .

(for information only) the Sheffield equivalent—

units . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Dirt: Average, each side, not to exceed—parts per

million . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

68–75

0.0038

0.097

20–55

170-d200

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

are met.

.03 All printing of red-ink substitute Forms W-2 (Copy A) and W-3 must be in Flint red OCR

dropout ink except as specified below. The following must be printed in nonreflective black ink.

•

Bulletin No. 2020–36

Identifying number “22222” or “33333” at the top of the forms.

527

August 31, 2020

•

Tax year at the bottom of the forms.

•

The four (4) corner register marks on the forms.

•

The form identification number (“W-3”) at the bottom of Form W-3.

•

All the instructions below Form W-3 beginning with “Send this entire page....” line to the

bottom of Form W-3.

.04 The vertical and horizontal spacing for all federal payment and data boxes on Forms W-2 and

W-3 must meet specifications. On Form W-3 and Form W-2 (Copy A), all the perimeter rules must

be 1-point (0.014-inch), while all other rules must be one-half point (0.007-inch). Vertical rules

must be parallel to the left edge of the form; horizontal rules parallel to the top edge.

.05 The official red-ink Form W-3 and Form W-2 (Copy A) are 7.50 inches wide. Employers

filing Forms W-2 (Copy A) with the SSA on paper must also file a Form W-3. Form W-3 must be

the same width (7.50 inches) as the Form W-2. One Form W-3 is printed on a standard size, 8.5

x 11-inch page. Two official Forms W-2 (Copy A) are contained on a single 8.5 x 11-inch page

(exclusive of any snap-stubs).

.06 The top, left, and right margins for the Form W-2 (Copy A) and Form W-3 are 0.50 inches (1/2

inch). All margins must be free of printing except for the words “DO NOT STAPLE” on red-ink

Form W-3. The space between the two Forms W-2 (Copy A) is 1.33 inches.

.07 The identifying numbers are “22222” for Form W-2 (Copies A (and 1)) and “33333” for Form

W-3. No printing should appear anywhere near the identifying numbers.

Note. The identifying number must be printed in nonreflective black ink in OCR-A font of 10

characters per inch.

.08 The depth of the individual scannable image on a page must be the same as that on the official

IRS forms. The depth from the top line to the bottom line of an individual Form W-2 (Copy A)

must be 4.17 inches and the depth from the top line to the bottom line of Form W-3 must be 4.67

inches.

.09 Continuous-pinfed Forms W-2 (Copy A) must be separated into 11-inch deep pages. The pinfed strips must be removed when Forms W-2 (Copy A) are filed with the SSA. The two Forms W-2

(Copy A) on the 11-inch page must not be separated (only the pages are to be separated (burst)).

The words “Do Not Cut, Fold, or Staple Forms on This Page” must be printed twice between the

two Forms W-2 (Copy A) in Flint red OCR dropout ink. All other copies (Copies 1, B, C, 2, and

D) must be able to be distinguished and separated into individual forms.

.10 Box 12 of Form W-2 (Copy A) contains four entry boxes – 12a, 12b, 12c, and 12d. Do not

make more than one entry per box. Enter your first code in box 12a (for example, enter Code D

in box 12a, not 12d, if it is your first entry). If more than four items need to be reported in box 12,

use a second Form W-2 to report the additional items (see “Multiple forms” in the 2020 General

Instructions for Forms W-2 and W-3). Do not report the same federal tax data to the SSA on more

than one Form W-2 (Copy A). However, repeat the identifying information (employee’s name,

address, and SSN; employer’s name, address, and EIN) on each additional form.

.11 The checkboxes in box 13 of Form W-2 (Copy A) and in box b of Form W-3 must be 0.14 inches each. The space before the first checkbox is 0.24 inches; the space between the first and second

checkbox and between the second and third checkbox must be 0.36 inches; the space between the

third checkbox to the right border of box 13 should be 0.32 inches (see Exhibit A).

Note. More than 50% of an applicable checkbox must be covered by an “X.”

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.12 All substitute Forms W-2 (Copy A) and W-3 in the red-ink format must have the tax year, form

number, and form title printed on the bottom face of each form using type identical to that of the

official IRS form. The red-ink substitute Form W-2 (Copy A) and Form W-3 must have the form

producer’s EIN entered directly to the left of “Department of the Treasury,” in red.

.13 The words “For Privacy Act and Paperwork Reduction Act Notice, see the separate instructions.” must be printed in Flint red OCR dropout ink in the same location as on the official Form

W-2 (Copy A). The words “For Privacy Act and Paperwork Reduction Act Notice, see the separate

instructions.” must be printed at the bottom of the page of Form W-3 in black ink.

.14 The Office of Management and Budget (OMB) Number must be printed on substitute Forms

W-3 and W-2 (on each ply) in the same location as on the official IRS forms.

.15 All substitute Forms W-3 must include the instructions that are printed on the same sheet below the official IRS form.

.16 The back of substitute Form W-2 (Copy A) and Form W-3 must be free of all printing.

.17 All copies must be clearly legible. Fading must be minimized to assure legibility.

.18 Chemical transfer paper is permitted for Form W-2 (Copy A) only if the following standards

are met.

•

Only chemically backed paper is acceptable for Form W-2 (Copy A). Front and back chemically treated paper cannot be processed properly by scanning equipment.

•

Chemically transferred images must be black.

•

Carbon-coated forms are not permitted.

.19 The Government Printing Office (GPO) symbol and the Catalog Number (Cat. No.) must be

deleted from substitute Form W-2 (Copy A) and Form W-3.

Section 2.2 – Specifications for Substitute Black-and-White Copy A and W-3 Forms Filed With the SSA

.01 The SSA-approved substitute black-and-white Forms W-2 (Copy A) and W-3 are referred to

as substitute black-and-white Copy A and W-3. Specifications for the substitute black-and-white

Copy A and W-3 are similar to the red-ink forms (Section 2.1) except for the items that follow (see

Exhibits D and E). Exhibits are samples only and must not be downloaded to meet tax obligations.

Bulletin No. 2020–36

Forms must be printed on 8.5 x 11-inch single-sheet paper only. There must be two Forms

W-2 (Copy A) printed on a page. There must be no horizontal perforations between the two

Forms W-2 (Copy A) on each page.

All forms and data must be printed in nonreflective black ink only.

The data and forms must be programmed to print simultaneously. Forms cannot be produced

separately from wage data entries.

The forms must not contain corner register marks.

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The forms must not contain any shaded areas, including those boxes that are entirely shaded

on the red-ink forms.

Identifying numbers on both Form W-2 (“22222”) and Form W-3 (“33333”) must be preprinted in 14-point Arial bold font or a close approximation.

The form numbers (“W-2” and “W-3”) must be in 18-point Arial font or a close approximation. The tax year (for example, “2020”) on Forms W-2 (Copy A) and W-3 must be in

20-point Arial font or a close approximation.

No part of the box titles or the data printed on the forms may touch any of the vertical or

horizontal lines, nor should any of the data intermingle with the box titles. The data should be

centered in the boxes.

Do not print any information in the margins of the substitute black-and-white Copy A and

W-3 forms (for example, do not print “DO NOT STAPLE” in the top margin of Form W-3).

10. The word “Code” must not appear in box 12 on Form W-2 (Copy A).

11. A 4-digit vendor code preceded by four zeros and a slash (for example, 0000/9876) must

appear in 12-point Arial font, or a close approximation, under the tax year in place of the Cat.

No. on Form W-2 (Copy A) and in the bottom right corner of the “For Official Use Only” box

at the bottom of Form W-3. Do not display the form producer’s EIN to the left of “Department

of the Treasury.” The vendor code will be used to identify the form producer.

12. Do not print Catalog Numbers (Cat. No.) on either Form W-2 (Copy A) or Form W-3.

13. Do not print the checkboxes in:

•

Box 13 of Form W-2 (Copy A). The “X” should be programmed to be printed and centered

directly below the applicable box title.

14. Do not print dollar signs. If there are no money amounts being reported, the entire field should

be left blank.

15. The space between the two Forms W-2 (Copy A) is 1.33 inches.

.02 You must submit samples of your substitute black-and-white Copy A and W-3 forms to the

SSA. Only black-and-white substitute Forms W-2 (Copy A) and W-3 for tax year 2020 will be

accepted for approval by the SSA. Questions regarding other red-ink forms (that is, red-ink Forms

W-2c, W-3c, 1099 series, 1096, etc.) must be directed to the IRS only.

.03 You will be required to send one set of blank and one set of dummy-data substitute black-andwhite Copy A and W-3 forms for approval. Sample data entries should be filled in to the maximum

length for each box entry, preferably using numeric data or alpha data, depending upon the type

required to be entered. Include in your submission the name, telephone number, fax number, and

email address of a contact person who can answer questions regarding your sample forms.

.04 To receive approval, you may first contact the SSA at copy.a.forms@ssa.gov to obtain a template and further instructions. You may send your 2020 sample substitute black-and-white Copy

A and W-3 forms to:

Social Security Administration

Direct Operations Center

Attn: Substitute Black-and-White Copy A Forms, Room 341

1150 E. Mountain Drive

Wilkes-Barre, PA 18702-7997

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Send your sample forms via private mail carrier or certified mail in order to verify their receipt.

You can expect approval (or disapproval) by the SSA within 30 days of receipt of your sample

forms.

.05 Vendor codes from the National Association of Computerized Tax Processors (NACTP)

are required by those companies producing the W-2 family of forms as part of a product for resale

to be used by multiple employers and payroll professionals. Employers developing Forms W-2

or W-3 to be used only for their individual company require a vendor code issued by the Social

Security Administration.

.06 The 4-digit vendor code preceded by four zeros and a slash (0000/9876) must be preprinted

on the sample substitute black-and-white Copy A and W-3 forms. Forms not containing a vendor

code will be rejected and will not be submitted for testing or approval. If you have a valid vendor

code provided to you through the NACTP, you should use that code. If you do not have a valid

vendor code, contact the Social Security Administration at copy.a.forms@ssa.gov to obtain an

SSA-issued code. (Additional information on vendor codes may be obtained from the SSA or the

NACTP via email at president@nactp.org.)

.07 If you use forms produced by a vendor and have questions concerning approval, do not

send the forms to the SSA for approval. Instead, you may contact the software vendor to obtain a

copy of SSA’s dated approval notice supplied to that vendor.

.08 In response to feedback from the user community, the SSA (and the IRS) have added a 2-D

barcoded version for the substitute Form W-2 and Form W-3 to the list of acceptable submission

formats. This version is an optional alternative to the nonbarcoded substitute Forms W-2 and W-3.

Both versions are fully supported by the SSA. At this time, neither the IRS nor the SSA mandates

the use of 2-D barcoded substitute forms.

Note. The data contained in the barcode must not differ from the data displayed on the form. If

they differ, the data in the barcode will be ignored and the data displayed on the form will be considered the submission. This also occurs when the barcode is not read correctly. The information

on the form needs to be manually keyed into the database.

To get the barcode information:

•

See the SSA’s BSO website at www.ssa.gov/bso,

•

Get the PDF version of the specifications at copy.a.forms@ssa.gov, and

•

Download the substitute W3/W2 2-D barcoding standards from

www.ssa.gov/employer/subBarCodeStd.pdf.

If you are using a form produced by another vendor that contains a 2-D barcode, you must submit

the form for approval using your own NACTP code. Prior to sending your first submission for

approval, contact the SSA at copy.a.forms@ssa.gov to register your NACTP code and explain

what forms you want to submit.

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Section 2.3 – Requirements for Substitute Forms Furnished to Employees (Copies B, C, and 2 of Form W-2)

Note. Rules in Section 2.3 apply only to employee copies of Form W-2 (Copies B, C, and 2).

Printers are cautioned that the paper filers who send Forms W-2 (Copy A) to the SSA must follow

the requirements in Sections 2.1 and/or 2.2 above.

.01 All employers (including those who file electronically) must furnish employees with at least

two copies of Form W-2 (three or more for employees required to file a state, city, or local income

tax return). The following rules are guidelines for preparing employee copies.

The dimensions of these copies (Copies B, C, and 2), but not Copy A, may differ from the dimensions of the official IRS form to allow space for reporting additional information, including

additional entries such as withholding for health insurance, union dues, bonds, or charity in box

14. The limitation of a maximum of four items in box 12 of Form W-2 applies only to Copy A,

which is filed with the SSA.

Note. Employee copies (Copies B, C, and 2 of Form W-2) may be furnished electronically if employees give their consent (as described in Treasury Regulations Section 31.6051-1(j)). See also

Publication 15-A, Employer’s Supplemental Tax Guide.

.02 The minimum dimensions for employee copies only (not Copy A) of Form W-2 should be 2.67

inches deep by 4.25 inches wide. The maximum dimensions should be no more than 6.50 inches

deep by no more than 8.50 inches wide.

Note. The maximum and minimum size specifications in this document are for tax year 2020 only

and may change in future years.

.03 Either horizontal or vertical format is permitted (see Exhibit F).

.04 The paper for all copies must be white and printed in black ink. The substitute Copy B, which

employees are instructed to attach to their federal income tax returns, should be at least 9-pound

paper (basis 17 x 22-500). Other copies furnished to employees should also be at least 9-pound

paper (basis 17 x 22-500) unless a state, city, or local government provides other specifications.

.05 Employee copies of Form W-2 (Copies B, C, and 2), including those that are printed on a

single sheet of paper, must be easily separated. The best method of separation is to provide perforations between the individual copies. Whatever method of separation is used, each copy should

be easily distinguished.

Note. Perforation does not apply to printouts of copies of Forms W-2 that are furnished electronically to employees (as described in Treasury Regulations Section 31.6051-1(j)). However, these

employees should be cautioned to carefully separate the copies of Form W-2. See Publication

15-A for information on electronically furnishing Forms W-2 to employees.

.06 Interleaved carbon and chemical transfer paper employee copies must be clearly legible. Fading must be minimized to assure legibility.

.07 The electronic tax logo on the IRS official employee copies is not required on any of the substitute form copies. To avoid confusion and questions by employees, employers are encouraged to

delete the identifying number (“22222”) from the employee copies of Form W-2.

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.08 All substitute employee copies must contain boxes, box numbers, and box titles that match

the official IRS Form W-2. Boxes that do not apply can be deleted. However, certain core boxes

must be included. The placement, numbering, and size of this information is specified as follows.

•

The core boxes must be printed in the exact order shown on the official IRS form. The items

and box numbers that constitute the core data are:

Box 1 — Wages, tips, other compensation

Box 2 — Federal income tax withheld

Box 3 — Social security wages

Box 4 — Social security tax withheld

Box 5 — Medicare wages and tips Box 6 — Medicare tax withheld

•

The core data boxes (1 through 6) must be placed in the upper right of the form. Substitute

vertical-format copies may have the core data across the top of the form. Boxes or other information will definitely not be permitted to the right of the core data.

•

The form title, number, or copy designation (B, C, or 2) may be at the top of the form. Also, a

reversed or blocked-out area to accommodate a postal permit number or other postal considerations is allowed in the upper right.

•

Boxes 1 through 6 must each be a minimum of 1 1/8 inches wide x 1/4 inch deep.

•

Other required boxes are:

Employee’s social security number

b) Employer identification number (EIN)

Employer’s name, address, and ZIP code

Employee’s name

Employee’s address and ZIP code

Identifying items must be present on the form and be in boxes similar to those on the official IRS

form. However, they may be placed in any location other than the top or upper right. You do not

need to use the lettering system (a–c, e–f) used on the official IRS form. The employer identification number (EIN) may be included with the employer’s name and address and not in a separate

box.

Note. Box d (“Control number”) is not required.

.09 All copies of Form W-2 furnished to employees must clearly show the form number, the form

title, and the tax year prominently displayed together in one area of the form. The title of Form

W-2 is “Wage and Tax Statement.” It is recommended (but not required) that this be located on the

bottom left of substitute Forms W-2. The reference to the “Department of the Treasury — Internal

Revenue Service” must be on all copies of substitute Forms W-2 furnished to employees. It is

recommended (but not required) that this be located on the bottom right of Form W-2.

.10 If the substitute employee copies are labeled, the forms must contain the applicable description.

Bulletin No. 2020–36

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August 31, 2020

•

“Copy B, To Be Filed With Employee’s FEDERAL Tax Return.”

•

“Copy C, For EMPLOYEE’S RECORDS.”

•

“Copy 2, To Be Filed With Employee’s State, City, or Local Income Tax Return.”

It is recommended (but not required) that these be located on the lower left of Form W-2. If the

substitute employee copies are not labeled as to the disposition of the copies, then written notification using similar wording must be provided to each employee.

.11 The tax year (for example, 2020) must be clearly printed on all copies of substitute Form W-2.

It is recommended (but not required) that this information be in the middle at the bottom of the

Form W-2. The use of 24-pt. OCR-A font is recommended (but not required).

.12 Boxes 1 and 2 (if applicable) on Copy B must be outlined in bold 2-point rule or highlighted in

some manner to distinguish them. If “Allocated tips” are being reported, it is recommended (but

not required) that box 8 also be outlined. If reported, “Social security tips” (box 7) must be shown

separately from “Social security wages” (box 3).

Note. Boxes 8 and 9 may be omitted if not applicable.

.13 If employers are required to withhold and report state or local income tax, the applicable

boxes are also considered core information and must be placed at the bottom of the form. State

information is included in:

•

Box 15 (State, Employer’s state ID number)

•

Box 16 (State wages, tips, etc.)

•

Box 17 (State income tax)

Local information is included in:

•

Box 18 (Local wages, tips, etc.)

•

Box 19 (Local income tax)

•

Box 20 (Locality name)

.14 Boxes 7 through 14 may be omitted from substitute employee copies unless the employer must

report any of that information to the employee. For example, if an employee did not have “Social

security tips” (box 7), the form could be printed without that box. But, if an employer provided

dependent care benefits, the amount must be reported separately, shown in box 10, and labeled

“Dependent care benefits.”

.15 Employers may enter more than four codes in box 12 of substitute Copies B, C, and 2 (and 1

and D) of Form W-2, but each entry must use Codes A–HH (see the 2020 General Instructions for

Forms W-2 and W-3).

.16 If an employer has employees in any of the three categories in box 13, all checkbox headings

must be shown and the proper checkmark made, when applicable.

.17 Employers may use box 14 for any other information that they wish to give to their employees.

Each item must be labeled. (See the instructions for box 14 in the 2020 General Instructions for

Forms W-2 and W-3.)

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.18 The front of Copy C of a substitute Form W-2 must contain the note “This information is being

furnished to the Internal Revenue Service. If you are required to file a tax return, a negligence

penalty or other sanction may be imposed on you if this income is taxable and you fail to report it.”

.19 Instructions similar to those contained on the back of Copies B, C, and 2 of the official IRS

Form W-2 must be provided to each employee. An employer may modify or delete instructions

that do not apply to its employees. (For example, remove Railroad Retirement Tier 1 and Tier 2

compensation information for nonrailroad employees or information about dependent care benefits that the employer does not provide.)

.20 Employers must notify their employees who have no income tax withheld that they may be

able to claim a tax refund because of the earned income credit (EIC). They will meet this notification requirement if they furnish a substitute Form W-2 with the EIC notice on the back of Copy B,

IRS Notice 797, Possible Federal Tax Refund Due to the Earned Income Credit (EIC), or on their

own statement containing the same wording. They may also change the font on Copies B, C, and 2

so that the EIC notification and Form W-2 instructions fit differently. For more information about

notification requirements, see Notice 1015, “Have You Told Your Employees About the Earned

Income Credit (EIC)?”

Note. An employer does not have to notify any employee who claimed exemption from withholding on Form W-4, Employee’s Withholding Certificate, for the calendar year.

Section 2.4 – Electronic Delivery of Form W-2 and W-2c Recipient Statements

.01 If you are required to furnish a Form W-2 or W-2c written statement (Copy B or an acceptable

substitute) to a recipient, you may furnish the statement electronically instead of on paper.

If you meet the requirements listed below, you are treated as furnishing the statement timely.

.02 The recipient must consent in the affirmative and not have withdrawn the consent before the

statement is furnished. The consent by the recipient must be made electronically in a way that

shows that he or she can access the statement in the electronic format in which it will be furnished.

You must notify the recipient of any hardware or software changes prior to furnishing the statement. A new consent to receive the statement electronically is required after any new hardware or

software is put into service.

To furnish Forms W-2 electronically, you must meet the following disclosure requirements as

described in Treasury Regulations Section 31.6051-1(j) and Publication 15-A and provide a clear

and conspicuous statement of each requirement to your employees.

Bulletin No. 2020–36

•

The employee must be informed that he or she will receive a paper Form W-2 if consent isn’t

given to receive it electronically.

•

The employee must be informed of the scope and duration of the consent.

•

The employee must be informed of any procedure for obtaining a paper copy of his or her

Form W-2 and whether or not the request for a paper statement is treated as a withdrawal of

his or her consent to receiving his or her Form W-2 electronically.

•

The employee must be notified about how to withdraw a consent and the effective date and

manner by which the employer will confirm the withdrawn consent.

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August 31, 2020

•

The employee must also be notified that the withdrawn consent doesn’t apply to the previously issued Forms W-2.

•

The employee must be informed about any conditions under which electronic Forms W-2 will

no longer be furnished (for example, termination of employment).

•

The employee must be informed of any procedures for updating his or her contact information that enables the employer to provide electronic Forms W-2.

•

The employer must notify the employee of any changes to the employer’s contact information.

.03 Additionally, you must:

•

Ensure the electronic format complies with the guidelines in this document and contains all

the required information described in the 2020 General Instructions for Forms W-2 and W-3.

•

If posting the statement on a website, post it for the recipient to access on or before the January 31 due date through October 15 of that year.

•

Inform the recipient in person, electronically, or by mail, of the posting and how to access and

print the statement.

Part 3 Additional Instructions

Section 3.1 – Additional Instructions for Form Printers

.01 If paper copies are used for filing with the SSA, the substitute copies of Forms W-2 (either

red-ink or substitute black-and-white forms) must be assembled in the same order as the official

IRS Forms W-2. Copy A must be first, followed sequentially by perforated sets (Copies 1, B, C,

2, and D).

.02 The substitute form to be filed by the employer with the SSA must carry the designation “Copy

A.”

Note. Electronic filers do not submit either red-ink or substitute black-and-white paper Form W-2

(Copy A) or Form W-3 to the SSA.

.03 Employers must retain a copy of Forms W-2 and W-3 (or be able to reconstruct the information) for at least 4 years. Employers must also be able to generate Forms W-2 (Copy A) that meet

the requirements of this revenue procedure in case of loss.

.04 Except for copies in the official assembly, described in Section 3.1.01 above, no additional

copies that may be prepared by employers should be placed ahead of Form W-2 (Copy C) “For

EMPLOYEE’S RECORDS.”

.05 You must provide instructions similar to those contained on the back of Copies B, C, and 2

of the official IRS Form W-2 to each employee. You may print them on the back of the substitute

Copies B, C, and 2 or provide them to employees on a separate statement. You do not need to use

the back of Copy 2. If you do not use Copy 2, you may include all the information that appears

on the back of the official Copies B, C, and 2 on the back of your substitute Copies B and C only.

As an example, you may use the “Note” on the back of the official Copy C as the dividing point

between the text for your substitute Copies B and C. Do not print these instructions on the back

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of Copy 1. Any Forms W-2 (Copy A) and W-3 that are filed with the SSA must have no printing

on the reverse side.

Section 3.2 – Instructions for Employers

.01 Only originals of Form W-2 (Copy A) and Form W-3 may be filed with the SSA. Carbon copies and photocopies are unacceptable.

.02 Employers should type or machine-print data entries on plain paper forms whenever possible.

Ensure good quality by using a high-quality type face, inserting data in the middle of blocks that

are well separated from other printing and guidelines, and taking any other measures that will

guarantee clear, sharp images. Black ink must be used with no script type, inverted font, italics, or

dual-case alpha characters.

Note. 12-point Courier font is preferred by the SSA.

.03 Form W-2 (Copy A) requires decimal entries for wage data. Do not print dollar signs with

money amounts on Forms W-2 (Copy A) and W-3.

.04 The employer must provide a machine-scannable Form W-2 (Copy A). The employer must

also provide employee copies (Copies B, C, and 2) that are legible and able to be photocopied (by

the employee). Do not print any data in the top margin of the payee copies of the forms.

Note. Do not print Forms W-2 (Copy A) on double-sided paper.

.05 Any printing in box d (Control number) on Form W-2 or box a on Form W-3 may not touch

any vertical or horizontal lines and should be centered in the box.

.06 The filer’s employer identification number (EIN) must be entered in box b of Form W-2 and

box e of Form W-3. The EIN entered on Form(s) W-2 (box b) and Form W-3 (box e) must be

the same as on Forms 941, 941-SS, 943, 944, CT-1, Schedule H (Form 1040), or any other corresponding forms filed with the IRS. Be sure to use EIN format (00-0000000) rather than SSN

format (000-00-0000).

.07 The employer’s name, address, and EIN may be preprinted.

Section 3.3 – OMB Requirements for Both Red-Ink and Black-and-White Substitute Forms W-2 and W-3

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

Bulletin No. 2020–36

•

The Office of Management and Budget (OMB) approves all IRS tax forms that are subject to

the Act.

•

Each IRS form contains (in or near the upper right corner) the OMB approval number, if

assigned. (The official OMB numbers may be found on the official IRS printed forms and are

also shown on the forms in the Exhibits in Section 3.6.)

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•

Each IRS form (or its instructions) states:

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 Form W-2 and Form W-3 are the following.

•

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

appears on the official IRS form.

•

The OMB number for both Form W-2 (Copy A) and Form W-3 is 1545-0008 and must appear

exactly as shown on the official IRS form.

•

For any copy of Form W-2 other than Copy A, the OMB number must use one of the following formats.

OMB No. 1545-0008 (preferred), or

OMB # 1545-0008 (acceptable).

.04 Any substitute Form W-2 (Copy A only) and Form W-3 must state “For Privacy Act and Paperwork Reduction Act Notice, see the separate instructions.” If no instructions are provided to

users of your forms, you must furnish them with the exact text of the Privacy Act and Paperwork

Reduction Act Notice in the 2020 General Instructions for Forms W-2 and W-3.

Section 3.4 – Order Forms and Instructions

.01 You can order IRS Forms W-2, Forms W-3, the General Instructions for Forms W-2 and W-3,

and other tax material online at www.irs.gov/OrderForms.

.02 Copies of Form W-2 (Copy A) and Form W-3 downloaded from IRS.gov cannot be used for

filing with the SSA. These copies of Forms W-2 and W-3 are for information purposes only.

Section 3.5 – Effect on Other Documents

.01 Revenue Procedure 2019-28, I.R.B. 2019-32, dated August 5, 2019 (reprinted as Publication

1141, Revised 08-2019), is superseded.

August 31, 2020

538

Bulletin No. 2020–36

Section 3.6 – Exhibits

Exhibits A through F provide the general measurements for Forms W-2 and W-3 as discussed in

this revenue procedure. Certain exhibits show a 0000/ in the location designated for your vendor

code. See Section 2.2.01, item 11, and Section 2.2.05 for more information.

Exhibit A — Form W-2 (Copy A) (Red-Ink) 2020

Exhibit B — Form W-2 (Copy B) 2020

Exhibit C — Form W-3 (Red-Ink) 2020

Exhibit D — Form W-2 (Copy A) (Substitute Black-and-White) 2020

Exhibit E — Form W-3 (Substitute Black-and-White) 2020

Exhibit F — Form W-2 Alternative Employee Copies (Illustrating Horizontal and Vertical Formats)

Bulletin No. 2020–36

539

August 31, 2020

540

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541

August 31, 2020

542

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543

August 31, 2020

544

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545

August 31, 2020

26 CFR 601.105: Examination of returns and claims

for refund, credit, or abatement; determination of

correct tax liability.

(Also: § 1.168(i)-3)

Rev. Proc. 2020-39

SECTION 1. PURPOSE

This revenue procedure provides

guidance under § 168 of the Internal

Revenue Code (Code) to clarify the normalization requirements following the

corporate tax rate reduction provided in

section 13001 of Public Law No. 11597, 131 Stat. 2054 (2017), commonly

referred to as the Tax Cuts and Jobs Act

(TCJA). On May 28, 2019, the Internal

Revenue Service published Notice 201933, 2019-22 I.R.B. 1255, requesting

comments on issues arising in this area.

This revenue procedure provides guidance on these issues.

SECTION 2. BACKGROUND

.01 In general, normalization is a system of accounting used by regulated public utilities to reconcile the tax treatment

of accelerated depreciation of public utility assets with their regulatory treatment.

The use of normalization is required for

a utility to take advantage of the accelerated cost recovery system under § 168 of

the Code for public utility property. Under

normalization, a utility receives the tax

benefit of accelerated depreciation in the

early years of an asset’s regulatory useful

life and passes that benefit through to ratepayers ratably over the regulatory useful

life of the asset in the form of reduced

rates.

.02 In order to use a normalization

method of accounting, § 168(i)(9)(A)(i)

requires a taxpayer, in computing its tax

expense for establishing its cost of service

for ratemaking purposes and reflecting

operating results in its regulated books of

account (regulated tax expense), to use a

method of depreciation for property that

is the same as, and a depreciation period

for such property that is no shorter than,

the method and period used to compute

its depreciation expense for establishing

its cost of service for ratemaking purposes. If the amount allowable as a deduction

under § 168 differs from the amount that

August 31, 2020

would be allowable as a deduction under

§ 167 of the Code using the method, period, first and last year convention, and salvage value used to compute regulated tax

expense under § 168(i)(9)(A)(i), then, under § 168(i)(9)(A)(ii), the taxpayer must

make adjustments to a reserve to reflect

the deferral of taxes resulting from such

difference. This reserve is referred to as

the Accumulated Deferred Income Taxes

(ADIT) reserve.

.03 Taxpayers calculate the amount of

the adjustments to the ADIT reserve by

reference to the corporate tax rate applicable in each year that the depreciation

deduction allowable as a deduction under § 168 exceeds the amount calculated

under § 168(i)(9)(A)(i) for the taxpayer’s

regulated tax expense.

.04 Section 1.167(l)-1(h)(2)(i) of the

Income Tax Regulations provides that

the taxpayer must credit this amount of

deferred taxes to a reserve for deferred

taxes, a depreciation reserve, or other reserve account. This regulation further provides that, with respect to any account, the

aggregate amount allocable to deferred

tax and included in such reserve under

§ 167(l) “shall not be reduced except to

reflect the amount for any taxable year by

which Federal income taxes are greater by

reason of the prior use of different methods of depreciation” under § 1.167(l)-1(h)

(1)(i). That section notes that, additionally, the aggregate amount allocable to deferred taxes may be properly adjusted to

reflect asset retirements or the expiration

of the period for depreciation used for determining the allowance for depreciation

under § 167(a). Consequently, the ADIT

increases in each year the accelerated depreciation under § 168 exceeds the tax depreciation amount used for calculating the

taxpayer’s regulated tax expense and the

ADIT decreases in each year the accelerated depreciation under § 168 is less than

the tax depreciation amount used for calculating the taxpayer’s regulated tax expense. These increases and decreases are

measured by the differences in the two depreciation methods multiplied by the tax

rate in effect for the year of the adjustment

to the ADIT.

.05 The TCJA, enacted on December

22, 2017, generally reduced the corporate

tax rate under § 11 of the Code from 35

percent to 21 percent for taxable years

546

beginning after December 31, 2017. Section 13001(a) of the TCJA. Because of the

reduction in rates, for property subject to

depreciation in a taxable year beginning

on or before December 31, 2017, and not

yet fully depreciated in the first taxable

year beginning after December 31, 2017,

a portion of the ADIT reserve will reflect

this reduction. For purposes of this revenue procedure, the portion of the ADIT

reserve that reflects the difference in tax

rates due to accelerated depreciation is referred to as the Excess Tax Reserve (ETR).

The ETR represents the amount by which

the ADIT reserve exceeds the amount it

would have contained had the reduction

in rates been in effect for every year the

property was subject to depreciation. That

is, the ETR is the amount of accelerated

depreciation-related taxes that have been

collected from ratepayers but have not yet

been paid by the utility and become excess

due to the reduction in rates.

.06 Section 13001(d) of the TCJA includes accompanying but uncodified normalization requirements related to the

reduction of the corporate tax rate. Section 13001(d)(1) provides that “[a] normalization method of accounting shall not

be treated as being used with respect to

any public utility property for purposes of

[§§ 167 or 168] if the taxpayer, in computing its cost of service for ratemaking

purposes and reflecting operating results

in its regulated books of account, reduces

the excess tax reserve more rapidly or to

a greater extent than such reserve would

be reduced under the average rate assumption method” (ARAM).

.07 Section 13001(d)(2) of the TCJA

provides an alternative method for certain taxpayers. If, as of the first day of

the taxable year that includes the date

of enactment of the TCJA, the taxpayer

was required by a regulatory agency to

compute depreciation for public utility

property on the basis of an average life or

composite rate method, and the taxpayer’s books and underlying records did not

contain the vintage account data necessary to apply ARAM, the taxpayer will

be treated as using a normalization method of accounting if, with respect to such

jurisdiction, the taxpayer uses the alternative method for public utility property

that is subject to the regulatory authority

of that jurisdiction.

Bulletin No. 2020–36

.08 Section 13001(d)(3)(C) of the

TCJA defines the “alternative method”

(AM) as the method in which the taxpayer computes the ETR on all public utility

property included in the plant account on

the basis of the weighted average life or

composite rate used to compute depreciation for regulatory purposes, and reduces

the ETR ratably over the remaining regulatory life of the property.

SECTION 3. SCOPE

.01 In general. This revenue procedure

applies to public utilities subject to normalization that have ETR resulting from

the corporate tax rate reduction provided

in section 13001 of the TCJA.

.02 Issues beyond the scope of this

revenue procedure. This revenue procedure addresses only the effects of tax rate

changes on timing differences related to

accelerated depreciation. Any issues unrelated to the effects of tax rate changes

on accelerated depreciation are beyond

the scope of this revenue procedure. For

example, the effects of tax rate changes

on timing differences associated with

unprotected plant or non-plant related

items, are not addressed in this revenue

procedure. The appropriate amortization

or other ratemaking treatment of timing differences unrelated to accelerated

depreciation, such as unprotected plant

or non-plant related items, are to be determined by the regulator in a rate proceeding, consistent with the regulatory

authority over the ratemaking treatment

of all other elements of jurisdictional cost

of service.

SECTION 4. APPLICATION

.01 Requirement to use ARAM or the

AM.

(1) In General. Generally, under section 13001(d)(1) of the TCJA, taxpayers

must use ARAM to calculate the reversal

of their ETR if the taxpayer’s regulatory

books (the financial and tax information

used by their regulator in setting rates

which may include but is not limited to

materials submitted to public service commissions as well as any supporting materials) are based upon the vintage account

data necessary to use ARAM. However,

if the taxpayer’s regulatory books are not

Bulletin No. 2020–36

based upon the vintage account data that

is necessary for the ARAM, use of the

ARAM is not required.

(2) Curing Vintage Account Data Deficiencies. A taxpayer whose regulatory

books do not contain sufficient vintage

account data to apply the ARAM is not

required to use the ARAM. Determination

of whether a taxpayer’s regulatory books

contain sufficient vintage account data

necessary to use the ARAM is determined

based on all the facts and circumstances.

A taxpayer is not required to cure deficiencies in its regulatory books by the creation, re-creation, or restoration of books

or records, including through the use of

estimates, statistical sampling, or the accessing of data through the use of computer systems not currently in use for its

financial processes. Deficiencies in data

need not be cured, but taxpayers that have

taken such actions to cure all deficiencies

by the effective date of this revenue procedure are permitted to use ARAM. Lastly,

a regulated utility that is currently using

ARAM to reverse prior ETR is presumed

to have sufficient vintage account data to

use ARAM.

(3) Taxpayers Use of AM for Prior

Periods. Taxpayers that do not meet the

requirements to use the AM provided in

the TCJA and described in this revenue

procedure may not continue to use the

AM simply because they have done so in

the past.

(4) Composite Method. Under a composite method, the uniform system of

accounts does not generally require a

company to maintain vintage accounts

for depreciation purposes; therefore, companies regulated by Federal Energy Regulatory Commission (FERC) utilizing this

method generally do not have the data

necessary to utilize ARAM. Taxpayers

may utilize AM whenever a composite

method approved by FERC or another

applicable regulatory agency is applied

for depreciation purposes, and a taxpayer

may rely on its cost of service rate filing

to FERC as sufficient documentation that

a composite method of depreciation has

been used.

(5) Jurisdiction of Multiple Regulatory Bodies. In the interest of economy

and efficiency, taxpayers under the jurisdiction of multiple regulatory bodies

may use a single method, ARAM or the

547

AM, provided that the regulatory bodies

agree. For example, a utility that is under the regulatory jurisdiction of FERC,

which uses a composite method of calculating depreciation, and a state regulatory body that does not use a composite

method (and therefore would generally

use the AM for FERC purposes but has

the data necessary to use ARAM for state

purposes) may, if approved by the state

regulator, use the AM for state purposes

as well.

(6) Transition Rules. Many utilities

have already been required to adjust rates

due to the TCJA. Utilities may correct

any method of reversing ETR that is not

in accord with this revenue procedure at

the next available opportunity. The methods adopted prior to the publication of this

revenue procedure that are not in accord

with this revenue procedure are not considered to be a violation of the normalization rules if so corrected. This corrective

action will require the utility to consult

with its regulator and obtain its regulator’s

consent. Utilities are not in conflict with

section 13001(d) of the TCJA if the utilities follow such a path to correct potential

normalization violations prospectively.

These rules extend to companies that may

not have started the amortization of ETRs

or may be re-deferring the amortization as

they evaluate their records.

.02 Net operating loss carryforward

(NOLC). Compliance with normalization

requires a determination of the source

of an NOLC so that rate base is not understated in jurisdictions in which net

deferred tax liabilities reduce rate base.

While § 1.167(l)‑1(h)(1)(iii) is the relevant

general authority, there is not one single

methodology provided for determination

of the portion of an NOLC that is attributable to depreciation. Section 1.167(l)1(h)(1)(iii) instead informs taxpayers that

the amount and time of the deferral of tax

attributable to depreciation when there is

an NOLC should be taken into account in

such “appropriate time and manner as is

satisfactory to the district director.” Regulating commissions have expertise in

this area, and any reasonable method for

determining the portion of the NOLC attributable to depreciation should generally

be respected provided such method does

not clearly violate normalization requirements.

August 31, 2020

.03 Application of 2008 regulations (§

1.168(i)-3). The rules in § 1.168(i)-3 of the

Income Tax Regulations, adopted by T.D.

9387 (73 F.R. 14934, 14937) on March

20, 2008, apply only to section 203(e) of

the Tax Reform Act of 1986. Generally,

the IRS will apply § 1.168(i)-3 of the regulations as if that limitation date language

is not present. Thus, the sharing of ETRs

with customers continues to be permitted

in most circumstances after a retirement

or disposition and upon the sale of public

utility property to another regulated utility

as set forth in § 1.168(i)-3.

August 31, 2020

SECTION 5. EFFECT OF THIS

REVENUE PROCEDURE ON

EXISTING NORMALIZATION

RULES

SECTION 6. EFFECTIVE DATE

The TCJA ETR normalization requirements are part of the overall pre-existing deferred tax normalization rules, and

this reveune procedure is intended to be

consistent with those rules. This revenue

procedure does not create an exception to

how the overall pre-existing deferred tax

normalization rules would apply, except

as noted.

SECTION 7. DRAFTING

INFORMATION

548

This revenue procedure is effective August 14, 2020.

The principal author of this revenue procedure is Martha M. Garcia of

the Office of Associate Chief Counsel

(Passthroughs and Special Industries). For

further information regarding this revenue

procedure contact Martha M. Garcia on

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

Bulletin No. 2020–36

Part IV

Changes to User Fees

for Certain Letter Ruling

and Determination Letter

Requests Submitted to

Employee Plans Rulings

and Agreements, Effective

January 4, 2021

Announcement 2020-14

This announcement describes changes

to user fees relating to certain requests

for letter rulings and determinations that

will take effect on January 4, 2021. The

increased user fees described in this announcement will be reflected in Rev. Proc.

2021-4, which will be published in Internal Revenue Bulletin 2021-1 on January

4, 2021. This announcement is intended to

provide taxpayers and stakeholders with

advance notice of these increased user

fees.

Background

Rev. Proc. 2020-4, 2020-1 I.R.B. 148,

updated annually, explains how the Internal Revenue Service (Service) provides

advice to taxpayers on issues under the

jurisdiction of the Commissioner, Tax Exempt and Government Entities Division,

Employee Plans Rulings and Agreements

Office (Employee Plans Rulings and

Agreements), including procedures for requesting letter rulings and determination

letters from the Service. It also sets forth

the user fees that are required to be paid

when requesting various types of advice

and describes the requirement under section 7528 of the Internal Revenue Code

Section

Type of User Fee

Section .01(3)

Letter ruling request for Five-Year Automatic Extension of the Amortization Period

Form 5300 (Application for Determination

for Employee Benefit Plan)

Form 5307 (Application for Determination

for Adopters of Modified Volume Submitter

Plans)

Form 5310 (Application for Determination

for Terminating Plan)

Section .06(1)(a)

Section .06(1)(b)

Section .06(1)(c)

DRAFTING INFORMATION

The principal author of this announcement is Angelique Carrington of the

Bulletin No. 2020–36

that user fees are to be determined after

taking into account the average time for,

and difficulty of, complying with requests

in each category and subcategory of submission to the Service.

Appendix A of Rev. Proc. 2020-4 sets

forth the user fees applicable with respect

to each category or subcategory of submission under the revenue procedure. Section .01 of Appendix A sets forth the user

fees applicable to letter ruling requests.

Section .06 of Appendix A sets forth the

user fees applicable to determination letter

requests.

Increased User Fees Effective in 2021

Rev. Proc. 2021-4, effective on January

4, 2021, will reflect increased user fees for

the following types of letter ruling and determination letter requests currently listed

in Appendix A of Rev. Proc. 2020-4:

Current User Fee

(Rev. Proc. 2020-4)

$1,000

User Fee Effective January 4, 2021

(Rev. Proc. 2021-4)

$6,500

$2,500

$2,700

$800

$1,000

$3,000

$3,500

Office of Associate Chief Counsel (Employee Benefits, Exempt Organizations,

and Employment Taxes). For further

information regarding the user fees de-

549

scribed in this announcement, contact

Don Kieffer of Employee Plans Rulings

and Agreements, at 908-301-2655 (not a

toll-free number).

August 31, 2020

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. 2020–36

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.

August 31, 2020

Numerical Finding List1

Revenue Rulings:

Bulletin 2020–36

2020-14, 2020-28 I.R.B. 33

2020-15, 2020-32 I.R.B. 233

Announcements:

2020-8, 2020-32 I.R.B. 244

2020-9, 2020-32 I.R.B. 244

2020-10, 2020-33 I.R.B. 385

2020-11, 2020-33 I.R.B. 385

2020-13, 2020-35 I.R.B. 492

2020-14, 2020-36 I.R.B. 549

Treasury Decisions:

9899, 2020-29 I.R.B. 62

9900, 2020-30 I.R.B. 143

9903, 2020-32 I.R.B. 235

9901, 2020-33 I.R.B. 266

9902, 2020-33 I.R.B. 349

9904, 2020-34 I.R.B. 413

Notices:

2020-43, 2020-27 I.R.B. 1

2020-45, 2020-27 I.R.B. 3

2020-46, 2020-27 I.R.B. 7

2020-47, 2020-27 I.R.B. 7

2020-49, 2020-27 I.R.B. 8

2020-50, 2020-28 I.R.B. 35

2020-48, 2020-29 I.R.B. 72

2020-51, 2020-29 I.R.B. 73

2020-52, 2020-29 I.R.B. 79

2020-53, 2020-30 I.R.B. 151

2020-54, 2020-31 I.R.B. 226

2020-56, 2020-32 I.R.B. 239

2020-57, 2020-32 I.R.B. 240

2020-58, 2020-34 I.R.B. 419

2020-55, 2020-35 I.R.B. 467

2020-61, 2020-35 I.R.B. 468

2020-62, 2020-35 I.R.B. 476

2020-63, 2020-35 I.R.B. 491

2020-60, 2020-36 I.R.B. 514

2020-64, 2020-36 I.R.B. 519

Proposed Regulations:

REG-119307-19, 2020-28 I.R.B. 44

REG-112339-19, 2020-30 I.R.B. 155

REG-117589-18, 2020-30 I.R.B. 184

REG-125716-18, 2020-30 I.R.B. 197

REG-123027-19, 2020-31 I.R.B. 229

REG-130081-19, 2020-32 I.R.B. 246

REG-127732-19, 2020-33 I.R.B. 385

REG-111879-20, 2020-34 I.R.B. 421

REG-112042-19, 2020-34 I.R.B. 422

REG-132766-18, 2020-34 I.R.B. 436

REG-132434-17, 2020-35 I.R.B. 508

Revenue Procedures:

2020-16, 2020-27 I.R.B. 10

2020-31, 2020-27 I.R.B. 12

2020-35, 2020-29 I.R.B. 82

2020-36, 2020-32 I.R.B. 243

2020-37, 2020-33 I.R.B. 381

2020-38, 2020-36 I.R.B. 522

2020-39, 2020-36 I.R.B. 546

A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2019–27 through 2019–52 is in Internal Revenue Bulletin

2019–52, dated December 27, 2019.

August 31, 2020

Bulletin No. 2020–36

Finding List of Current Actions on

Previously Published Items1

Bulletin 2020–36

A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2019–27 through 2019–52 is in Internal Revenue Bulletin

2019–52, dated December 27, 2019.

Bulletin No. 2020–36

iii

August 31, 2020

Internal Revenue Service

Washington, DC 20224

Official Business

Penalty for Private Use, $300

INTERNAL REVENUE BULLETIN

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