These synopses are intended only as aids to the reader in

Agency decision

Ask Donna

What actually matters in this document.

Text

Bulletin No. 2001–2

January 8, 2001

Internal Revenue

bulletin

HIGHLIGHTS

OF THIS ISSUE

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.

INCOME TAX

Rev. Rul. 2001–2, page 255.

Low-income housing credit; satisfactory bond; “bond

factor” amounts for the period October through

December 2000. This ruling announces the monthly bond

factor amounts to be used by taxpayers who dispose of qualified low-income buildings or interests therein during the period October through December 2000. This ruling also

announces errors in bond factor amounts for dispositions of

1987 properties in 1998 and of all properties in 1999 and

January through June 2000, and sets forth summaries for

1998, 1999, and 2000 that contain the corrected bond factor amounts.

Notice 2001–2, page 265.

Research credit suspension periods. This notice provides guidance to help taxpayers compute and report their

credit for increasing research activities (research credit)

under section 41 of the Code for taxable years that include

the research credit suspension periods described in section

502(d)(2) of the Tax Relief Extension Act of 1999, Pub. L.

No. 106-170 (Dec. 17, 1999). This notice also explains how

to take into account any research credits attributable to a

research credit suspension period.

his discretion to except a qualifying taxpayer with average

annual gross receipts of $1,000,000 or less from the

requirements to use an accrual method of accounting and to

account for inventories. Rev. Proc. 2000–22 modified and

superseded. Rev. Proc. 99–49 modified and amplified.

Rev. Proc. 2001–11, page 275.

Penalties; substantial understatement. Guidance is provided concerning when information shown on a return will be

adequate disclosure for purposes of reducing an understatement of income tax under section 6662(d) of the Code

and for purposes of avoiding the preparer penalty under section 6694(a) of the Code.

EMPLOYEE PLANS

Notice 2001–3, page 267.

Weighted average interest rate update. The weighted

average interest rate for December 2000 and the resulting

permissible range of interest rates used to calculate current

liability for purposes of the full funding limitation of section

412 (c)(7) of the Code are set forth.

EMPLOYMENT TAX

Notice 2001–4, page 267.

This notice provides additional guidance to qualified intermediaries and U.S. withholding agents relating to the withholding of income tax under section 1441 of the Code on

certain U.S. source income paid to foreign persons.

Rev. Proc. 2001–10, page 272.

Methods of accounting; inventories; small taxpayers.

This procedure provides that the Commissioner will exercise

T.D. 8910, page 258.

Final regulations under section 6053 of the Code set forth

rules for employers that wish to establish electronic systems

for use by their tipped employees in reporting tips to the

employer. The regulations also provide rules relating to substantiation requirements for tipped employees using the

electronic system.

(Continued on the next page)

Finding Lists begin on page ii.

Department of the Treasury

Internal Revenue Service

Notice 2001–1, page 261.

Announcement 2001–3, page 278.

This notice sets forth the requirements employers must

meet and the procedures for obtaining approval of employer-designed tip reporting alternative commitment (EmTRAC)

programs for the food and beverage industry. Notice

2000–21 superseded.

This announcement updates Publication 1187 (Rev. 8-98),

which provides specifications for the magnetic or electronic filing of Form 1042-S, Foreign Person’s U.S. Source Income

Subject to Withholding. Announcement 99–79 superseded.

Page 258.

This document contains corrections to T.D. 8889, 2000–30

I.R.B. 124, final regulations regarding claims for certain

income tax convention benefits.

Railroad retirement; rate determination; quarterly. The

Railroad Retirement Board has determined that the rate of

tax imposed by section 3221 of the Code shall be 26 cents

for the quarter beginning January 1, 2001.

Announcement 2001–1, page 277.

The Service announces the availability of two new pro forma

voluntary tip reporting agreements for employers of tipped

employees and revisions of three existing pro forma voluntary tip reporting agreements. These documents were published in proposed form as announcements in I.R.B.

2000–19.

Announcement 2001–4, page 286.

Announcement 2001–5, page 286.

This document contains corrections to the Numerical Finding

List, the Finding List of Current Actions on Previously

Published Items, and the Index for Cumulative Bulletin

1998–2. These pages are reprinted here.

ADMINISTRATIVE

Announcement 2001–2, page 277.

An updated edition of Publication 551, Basis of Assets

(revised December 2000), will be available soon.

January 8, 2001

2001–2 I.R.B.

The IRS Mission

Provide America’s taxpayers top quality service by helping them understand and meet their tax responsibilities

and by applying the tax 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 and may be obtained

from the Superintendent of Documents on a subscription

basis. Bulletin contents are consolidated semiannually into

Cumulative Bulletins, which are sold on a single-copy basis.

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 proce-

dures 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 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 first 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 first Bulletin of the succeeding semiannual period, respectively.

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.

For sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402.

2001–2 I.R.B.

January 8, 2001

Part I. Rulings and Decisions Under the Internal Revenue Code of 1986

Section 41.—Credit for

Increasing Research Activities

Notice 2001–2 provides guidance to help taxpayers compute and report their credit for increasing research activities (research credit) under section 41 of

the Code for taxable years that include the research

credit suspension periods described in section

502(d)(2) of the Tax Relief Extension Act of 1999,

Pub. L. No. 106-170 (Dec. 17, 1999) (the Act). Further, this notice explains how to take into account

any research credits attributable to a research credit

suspension period. See Notice 2001–2, page 265.

Section 42.—Low-Income

Housing Credit

Low-income housing credit; satisfactory bond; “bond factor” amounts for

the period October through December

2000. This ruling announces the monthly

bond factor amounts to be use by taxpayers who dispose of qualified low-income

buildings or interests therein during the

period October through December 2000.

This ruling also announces errors in bond

factor amounts for dispositions of 1987

properties in 1998 and of all properties in

1999 and January through June 2000, and

sets forth summaries for 1998, 1999, and

2000 that contain the corrected bond factor amounts.

Rev. Rul. 2001–2

In Rev. Rul. 90–60, 1990–2 C.B. 4, the

Internal Revenue Service provided guidance to taxpayers concerning the general

methodology used by the Treasury Department in computing the bond factor

amounts used in calculating the amount of

bond considered satisfactory by the Secretary under § 42(j)(6) of the Internal

Revenue Code. It further announced that

the Secretary would publish in the Internal Revenue Bulletin a table of “bond factor” amounts for dispositions occurring

during each calendar month.

This revenue ruling provides in Table 1

the bond factor amounts for calculating

the amount of bond considered satisfactory under § 42(j)(6) for dispositions of

qualified low-income buildings or interests therein during the period October

through December 2000. Table 1 also

provides a summary of the bond factor

amounts for dispositions occurring during

the period January through September

2000. Table 2 provides a summary of

bond factor amounts for dispositions occurring during the period January through

December 1999. Table 3 provides a summary of the bond factor amounts for dispositions occurring during the period January through December 1998.

Due to a miscalculation, Rev. Rul.

98–13, 1998–1 C.B. 686; Rev. Rul.

98–31, 1998–1 C.B. 1269; Rev. Rul.

98–45, 1998–2 C.B. 364; and Rev. Rul.

99–1, 1999–1 C.B. 265, are in error regarding the specific bond factor amounts

for buildings placed in service in calendar

year 1987 and disposed of in calendar

year 1998. Further, Rev. Rul. 99–18,

1999–1 C.B. 868; Rev. Rul. 99–24,

1999–1 C.B. 1096; Rev. Rul. 99–38,

1999–2 C.B. 335; Rev. Rul. 99–54,

1999–2 C.B. 675; Rev. Rul. 2000–22,

2000–16 I.R.B. 880; and Rev. Rul.

2000–31, 2000–26 I.R.B. 1269, are in

error regarding the bond factor amounts

for buildings placed in service in calendar

years 1987 through 2000 and disposed of

in calendar year 1999 and January 2000

through June 2000. The present revenue

ruling provides a complete list of the corrected bond factor amounts.

Under the authority of § 7805(b), taxpayers that posted bonds and taxpayers

that established Treasury Direct Accounts

with the Service pursuant to Rev. Proc.

99–11, 1999–1 C.B. 275, based upon the

above mentioned bond factor amounts

may continue to rely on those figures.

Taxpayers that choose to amend their previously posted bonds by using the corrected bond factor amounts listed in this

revenue ruling may do so by submitting

an amended Form 8693, Low-Income

Housing Tax Credit Disposition Bond, to

the Internal Revenue Service Center,

Philadelphia, PA 19255. The amended

form may be submitted by either the taxpayer or the surety. Taxpayers that choose

to amend the amount of securities pledged

in their previously established Treasury

Direct Accounts with the Service by using

the corrected bond factor amounts listed

in this revenue ruling should contact the

Bureau of the Public Debt, Division of

Customer Service, IRS Collateral Desk at

(304) 480-6158 for further information.

Table 1

Rev. Rul. 2001–2

Monthly Bond Factor Amounts for Dispositions Expressed

As a Percentage of Total Credits

Calendar Year Building Placed in Service

or, if Section 42(f)(1) Election Was Made,

the Succeeding Calendar Year

Month of

Disposition

1987

1988

1989

1990

1991

1992

1993

1994

1995

1996

1997

1998

1999

Jan

Feb

Mar

Apr

May

Jun

Jul

37.59

37.59

37.59

39.75

39.75

39.75

39.75

51.81

51.81

51.81

54.78

54.78

54.78

54.78

63.64

63.64

63.64

67.30

67.30

67.30

67.30

73.62

73.62

73.62

77.84

77.84

77.84

77.84

75.52

75.31

75.09

79.96

79.74

79.52

79.31

77.92

77.69

77.47

83.31

83.07

82.84

82.61

80.36

80.12

79.88

86.76

86.51

86.26

86.02

82.70

82.44

82.20

90.16

89.90

89.64

89.38

85.05

84.78

84.53

93.64

93.36

93.09

92.82

87.63

87.35

87.07

97.41

97.12

96.83

96.56

90.38

90.08

89.79

101.43

101.11

100.81

100.53

93.52

93.17

92.85

105.89

105.54

105.22

104.92

96.69 97.21

96.26 97.21

95.88 97.21

110.31 112.52

109.93 112.52

109.59 112.52

109.29 112.52

’00

’00

’00

’00

’00

’00

’00

2001–2 I.R.B.

255

2000

January 8, 2001

Table 1 (cont’d)

Rev. Rul. 2001–2

Monthly Bond Factor Amounts for Dispositions Expressed

As a Percentage of Total Credits

Calendar Year Building Placed in Service

or, if Section 42(f)(1) Election Was Made,

the Succeeding Calendar Year

Month of

Disposition

1987

1988

1989

1990

1991

1992

1993

1994

1995

1996

Aug

Sep

Oct

Nov

Dec

39.75

39.75

39.75

39.75

39.75

54.78

54.78

54.78

54.78

54.78

67.30

67.30

67.30

67.30

67.30

77.84

77.84

77.84

77.84

77.84

79.09

78.89

78.68

78.48

78.28

82.39

82.17

81.95

81.74

81.54

85.78

85.55

85.32

85.10

84.88

89.14

88.89

88.66

88.43

88.21

92.57

92.32

92.08

91.84

91.61

96.29 100.25

96.04 99.99

95.79 99.74

95.55 99.50

95.32 99.28

’00

’00

’00

’00

’00

1997

1998

1999

2000

104.64 109.02 112.52

104.37 108.77 112.52

104.12 108.55 112.52

103.89 108.35 112.52

103.66 108.16 112.52

Table 2

Rev. Rul. 2001–2

Monthly Bond Factor Amounts for Dispositions Expressed

As a Percentage of Total Credits

Calendar Year Building Placed in Service

or, if Section 42(f)(1) Election Was Made,

the Succeeding Calendar Year

Month of

Disposition

1987

1988

1989

1990

1991

1992

1993

1994

1995

1996

1997

1998

1999

Jan

Feb

Mar

Apr

May

Jun

Jul

Aug

Sep

Oct

Nov

Dec

49.72

49.72

49.72

52.57

52.57

52.57

52.57

52.57

52.57

52.57

52.57

52.57

60.91

60.91

60.91

64.41

64.41

64.41

64.41

64.41

64.41

64.41

64.41

64.41

70.15

70.15

70.15

74.17

74.17

74.17

74.17

74.17

74.17

74.17

74.17

74.17

70.99

70.79

70.60

75.18

74.97

74.77

74.57

74.37

74.18

73.99

73.80

73.62

72.34

72.13

71.93

77.36

77.14

76.93

76.72

76.52

76.32

76.12

75.93

75.74

73.94

73.72

73.51

79.85

79.62

79.39

79.18

78.96

78.75

78.55

78.35

78.15

75.54

75.31

75.09

82.37

82.13

81.89

81.67

81.44

81.23

81.02

80.81

80.61

76.98

76.75

76.52

84.77

84.52

84.28

84.04

83.81

83.59

83.37

83.17

82.96

78.38

78.13

77.90

87.15

86.90

86.65

86.41

86.18

85.95

85.74

85.53

85.33

79.94

79.68

79.44

89.75

89.49

89.23

88.99

88.76

88.54

88.32

88.12

87.93

81.59

81.32

81.07

92.48

92.20

91.95

91.71

91.48

91.27

91.07

90.88

90.71

83.60

83.28

83.00

95.53

95.25

94.99

94.76

94.55

94.37

94.20

94.04

93.90

83.98

83.98

83.98

97.21

97.21

97.21

97.21

97.21

97.21

97.21

97.21

97.21

’99

’99

’99

’99

’99

’99

’99

’99

’99

’99

’99

’99

Table 3

Rev. Rul. 2001–2

Monthly Bond Factor Amounts for Dispositions Expressed

As a Percentage of Total Credits

Calendar Year Building Placed in Service

or, if Section 42(f)(1) Election Was Made,

the Succeeding Calendar Year

Month of

Disposition

1987

1988

1989

1990

1991

1992

1993

1994

1997

1998

Jan

Feb

Mar

Apr

May

69.28

69.28

69.28

65.52

65.52

79.57

79.57

79.57

75.25

75.25

81.84

81.59

81.35

75.96

75.75

84.75

84.49

84.24

77.87

77.65

88.14

87.86

87.59

80.16

79.93

91.97

91.67

91.37

82.79

82.55

95.92

95.59

95.27

85.46

85.20

99.75 103.57 107.70 111.85

99.39 103.18 107.25 111.28

99.04 102.80 106.83 110.79

87.97 90.41 93.03 95.60

87.69 90.12 92.74 95.31

112.52

112.52

112.52

97.21

97.21

’98

’98

’98

’98

’98

January 8, 2001

256

1995

1996

2001–2 I.R.B.

Table 3 (cont’d)

Rev. Rul. 2001–2

Monthly Bond Factor Amounts for Dispositions Expressed

As a Percentage of Total Credits

Calendar Year Building Placed in Service

or, if Section 42(f)(1) Election Was Made,

the Succeeding Calendar Year

Month of

Disposition

1987

1988

1989

1990

1991

1992

1993

1994

1995

1996

1997

1998

Jun

Jul

Aug

Sep

Oct

Nov

Dec

65.52

65.52

65.52

65.52

65.52

65.52

65.52

75.25

75.25

75.25

75.25

75.25

75.25

75.25

75.54

75.33

75.13

74.93

74.73

74.54

74.35

77.44

77.22

77.01

76.81

76.61

76.41

76.22

79.71

79.49

79.27

79.06

78.85

78.65

78.45

82.31

82.08

81.85

81.63

81.41

81.20

80.99

84.95

84.70

84.47

84.23

84.01

83.79

83.58

87.43

87.18

86.93

86.70

86.47

86.25

86.04

89.85

89.60

89.35

89.12

88.89

88.68

88.47

92.46

92.21

91.97

91.74

91.53

91.33

91.14

95.05

94.81

94.61

94.42

94.25

94.09

93.94

97.21

97.21

97.21

97.21

97.21

97.21

97.21

’98

’98

’98

’98

’98

’98

’98

For a list of bond factor amounts applicable to dispositions occurring during

other calendar years, see Rev. Rul. 98–3,

1998–1 C.B. 248.

able items as materials and supplies that are not incidental under §1.162–3 of the regulations. See Rev.

Proc. 2001–10, page 272.

EFFECT ON OTHER REVENUE

RULINGS

Section 263A.—Capitalization

and Inclusion in Inventory Costs

of Certain Expenses

Rev. Rul. 98–13, 1998–1 C.B. 686; Rev.

Rul. 98–31, 1998–1 C.B. 1269; Rev. Rul.

98–45, 1998–2 C.B. 364; Rev. Rul. 99–1,

1999–1 C.B. 265; Rev. Rul. 99–18, 1999–1

C.B. 868; Rev. Rul. 99–24, 1999–1 C.B.

1096; Rev. Rul. 99–38, 1999–36 I.R.B.

335; Rev. Rul. 99–54, 1999–51 I.R.B. 675;

Rev. Rul. 2000–22, 2000–16 I.R.B. 880;

Rev. Rul. 2000–31, 2000–26 I.R.B. 1269;

and Rev. Rul. 2000–48, 2000–42 I.R.B.

349, are revoked.

DRAFTING INFORMATION

The principal author of this revenue ruling

is Gregory N. Doran of the Office of Associate Chief Counsel (Passthroughs and Special

Industries). For further information regarding this revenue ruling, contact Mr. Doran at

(202) 622-3040 (not a toll-free call).

26 CFR 1.263A–1: Uniform capitalization of costs.

Section 263A does not apply to inventoriable

items of qualifying taxpayers with average annual

gross receipts of $1,000,000 or less that are treated

as materials and supplies that are not incidental

under §1.162–3 of the regulations. See Rev. Proc.

2001–10, page 272.

Section 446.—General Rule for

Methods of Accounting

Section 481.—Adjustments

Required for Changes in

Method of Accounting

26 CFR 1.481–1: Adjustments in general.

26 CFR 1.481–4: Adjustments taken into account

with consent.

Procedures are provided for qualifying taxpayers with average annual gross receipts of

$1,000,000 or less to obtain automatic consent to

change to the cash receipts and disbursements

method of accounting and to a method of accounting for inventory as materials and supplies that are

not incidental under § 1.162–3 of the regulations.

See Rev. Proc. 2001–10, page 272.

26 CFR 1.446–1: General rule for methods of

accounting.

Qualifying taxpayers with average annual gross

receipts of $1,000,000 or less are excepted from the

requirement to use an accrual method of accounting

under § 446 of the Code and to account for inventories under § 471. See Rev. Proc. 2001–10, page 272.

Section 162.—Trade or Business

Expenses

Section 471.—General Rule for

Inventories

26 CFR 1.162–3: Cost of materials.

26 CFR 1.471–1: Need for inventories.

Qualifying taxpayers with average annual gross

receipts of $1,000,000 or less are excepted from the

requirement under § 471 of the Code to account for

inventories, and instead may account for inventori-

Qualifying taxpayers with average annual

gross receipts of $1,000,000 or less are expected

from the requirement to use an accrual method of

accounting under § 446 of the Code and to ac-

2001–2 I.R.B.

count for inventories under § 471, and may instead treat inventoriable items as materials and

supplies that are not incidental under § 1.162–3 of

the regulations. See Rev. Proc. 2001–10, page

272.

257

Section 1001.—Determination

of Amount of and Recognition

of Gain or Loss

26 CFR 1.1001–1: Computation of gain or loss.

Notwithstanding § 1001 and the regulations

thereunder, qualifying taxpayers that use the cash

receipts and disbursements method of accounting

include amounts in income attributable to open

accounts receivable (i.e., receivables due in 120

days or less) as amounts are actually or constructively received. See Rev. Proc. 2001–10, page

272.

January 8, 2001

Section 3221.—Rate of Tax

ACTION: Final regulations.

Background

Determination of Quarterly Rate

of Excise Tax for Railroad

Retirement Supplemental

Annuity Program

SUMMARY: This document amends the

regulations dealing with the requirement that

tipped employees report their tips to their

employer. These final regulations permit

employers to establish electronic systems for

use by their tipped employees in reporting

tips to the employer. These final regulations

also address substantiation requirements for

employees using the electronic system.

On January 26, 1998, the IRS published in the Federal Register (63 F.R.

3681) a notice of proposed rulemaking

(REG–104691–97, 1998–1 C.B. 695)

under section 6053 of the Internal Revenue Code relating to electronic tip reports. The notice proposed to amend

§31.6053–1 and §31.6053–4 of the employment tax regulations.

No written comments responding to the

notice of proposed rulemaking were received. No public hearing was requested

or held. Accordingly, the proposed regulations are adopted as final regulations.

The final regulations are consistent

with the provisions of the Electronic Signatures in Global and National Commerce Act.

In accordance with directions in section

3221(c) of the Railroad Retirement Tax Act

(26 U.S.C., 3221(c)), the Railroad Retirement Board has determined that the excise

tax imposed by such section 3221(c) on

every employer, with respect to having individuals in his employ, for each work-hour

for which compensation is paid by such

employer for services rendered to him during the quarter beginning January 1, 2001,

shall be at the rate of 26 cents.

In accordance with directions in section

15(a) of the Railroad Retirement Act of

1974, the Railroad Retirement Board has determined that for the quarter beginning January 1, 2001, 39.7 percent of the taxes collected under sections 3221(b) and 3221(c) of

the Railroad Retirement Tax Act shall be

credited to the Railroad Retirement Account

and 60.3 percent of the taxes collected under

such sections 3211(b) and 3221(c) plus 100

percent of the taxes collected under section

3221(d) of the Railroad Retirement Tax Act

shall be credited to the Railroad Retirement

Supplemental Account.

Dated December 1, 2000.

By Authority of the Board.

Beatrice Ezerski,

Secretary to the Board.

(Filed by the Office of the Federal Register on December 12, 2000, 8:45 a.m., and published in the

issue of the Federal Register for December 13, 2000,

65 F.R. 77938)

Section 6053.—Reporting of

Tips

26 CFR 31.6053–1: Report of tips by employee to

employer.

T.D. 8910

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Parts 31 and 602

Electronic Tip Reports

AGENCY: Internal Revenue Service

(IRS), Treasury.

January 8, 2001

DATES: Effective Date: These regulations are effective December 13, 2000.

Applicability Dates: For dates of applicability, see §31.6053–1(d)(6) of these

regulations.

FOR FURTHER INFORMATION CONTACT: Karin Loverud at 202-622-6080

(not a toll-free number).

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act

The collection of information contained in these final regulations has 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 15451603. Responses to this collection of information are mandatory.

An agency may not conduct or sponsor,

and a person is not required to respond to,

a collection of information unless the collection of information displays a valid

control number assigned by the Office of

Management and Budget.

The estimated annual burden per respondent varies from 1 hour to 3 hours,

depending on individual circumstances,

with an estimated average of 2 hours.

Comments concerning the accuracy of

this burden estimate and suggestions for

reducing this burden should be sent to the

Internal Revenue Service, Attn: IRS Reports Clearance Officer, W:CAR:MP:FP,

Washington, DC 20224, and to the Office

of Management and Budget, Attn: Desk

Officer for the Department of the Treasury, Office of Information and Regulatory Affairs, Washington, DC 20503.

Books or records relating to this 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 26 U.S.C. 6103.

258

Special Analyses

It has been determined that these final

regulations are not a significant regulatory action as defined in Executive Order

12866. Therefore, a regulatory assessment is not required. It also has been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C.

chapter 5) does not apply to these regulations. Further, it is hereby certified, pursuant to sections 603(a) and 605(b) of the

Regulatory Flexibility Act (5 U.S.C.

chapter 6), that the collection of information contained in these regulations will

not have a significant economic impact on

a substantial number of small entities.

The collection of information in

§31.6053–1 is imposed solely on individuals, not on any small entities, and the

regulations provide flexibility to employees who must provide the information required by statute, thereby reducing burden. With respect to the collection of

information in §31.6053–4, the certification is based on the expectation of the IRS

that most businesses that choose to implement the electronic tip reporting provisions will be larger businesses with many

employees and sophisticated computer

systems. Moreover, because the provision is wholly elective, any small business

that would be adversely impacted may

choose not to use electronic tip reporting.

Finally, the Service expects that for those

small entities that choose to implement

the provision, the use of electronic tip reporting will reduce overall burden by re-

2001–2 I.R.B.

ducing paper collections. Therefore, a

regulatory flexibility analysis under the

Regulatory Flexibility Act is not required.

Pursuant to section 7805(f) of the Internal

Revenue Code, the notice of proposed

rulemaking preceding these regulations

was submitted to the Chief Counsel for

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

small business.

Drafting Information

The principal author of these regulations is Karin Loverud, Office of Division

Counsel/Associate Chief Counsel (Tax

Exempt and Government Entities). However, other personnel from the IRS and

the Treasury Department participated in

their development.

* * * * *

Adoption of Amendments to the

Regulations

Accordingly, 26 CFR parts 31 and 602

are amended as follows:

PART 31–EMPLOYMENT TAXES

AND COLLECTION OF INCOME TAX

AT SOURCE

Paragraph 1. The authority citation for

part 31 continues to read in part as follows:

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

Par. 2. Section 31.6053–1 is amended

as follows:

1. Paragraph (a) is revised.

2. The introductory text of paragraph

(b)(1) is revised.

3. The last sentence of paragraph

(b)(1)(iii) is revised.

4. Paragraph (b)(2) is revised.

5. Paragraph (c) is revised.

6. Paragraph (d) is added.

The revisions and additions read as follows:

§31.6053–1 Report of tips by employee

to employer.

(a) Requirement that tips be reported—

(1) In general.

An employee who

receives, in the course of employment by an

employer, tips that constitute wages as

defined in section 3121(a) or section 3401,

or compensation as defined in section

3231(e), must furnish to the employer a

2001–2 I.R.B.

statement, or statements, disclosing the

total amount of the tips received by the

employee in the course of employment by

the employer. Tips received by an employee in a calendar month in the course of

employment by an employer that are

required to be reported to the employer

must be reported on or before the 10th day

of the following month. For example, tips

received by an employee in January 2000

are required to be reported by the employee

to the employer on or before February 10,

2000.

(2) Cross references. For provisions

relating to the treatment of tips as wages

for purposes of the Federal Insurance

Contributions Act (FICA) tax under sections 3101 and 3111, see sections

3102(c), 3121(a)(12), and 3121(q) and

§§31.3102–3 and 31.3121(a)(12)–1. For

provisions relating to the treatment of tips

as wages for purposes of the tax under

section 3402 (income tax withholding),

see sections 3401(a)(16), 3401(f), and

3402(k)

and

§§31.3401(a)(16)–1,

31.3401(f)–1, and 31.3402(k)–1. For provisions relating to the treatment of tips as

compensation for purposes of the

Railroad Retirement Tax Act (RRTA) tax

under sections 3201 and 3221, see section

3231(e) and §31.3231(e)–1(a).

(b) * * * (1) In general. The statement described in paragraph (a) of this

section can be provided on paper or transmitted electronically. The statement must

be signed by the employee and must disclose:

*****

(iii) * * * If the statement is for a period of less than 1 calendar month, the

beginning and ending dates of the period

must be included (for example, January 1

through January 8, 1998).

*****

(2) Form of statement—(i) In general.

No particular form is prescribed for use in

furnishing the statement required by this

section. The statement may be furnished

on paper or transmitted electronically. An

electronic system and all tip statements

generated by that system must meet the

requirements of paragraph (d) of this section. If the employer does not provide any

other means for the employee to report

tips, the employee may use Form 4070,

“Employee’s Report of Tips to

Employer.”

259

(ii) Single-purpose forms. A statement

may be furnished on an employer-provided form. The form may be on paper or in

electronic form. An employer that provides a paper form must make blank

copies of the form readily available to all

tipped employees. Any form, whether

paper or electronic, provided by an

employer for use by its tipped employees

solely to report tips must meet all the

requirements of paragraph (b)(1) of this

section.

(iii) Regularly used forms. Instead of

requiring that tips be reported as

described in paragraph (b)(2)(ii) of this

section on a special form used solely for

tip reporting, an employer may prescribe

regularly used forms for use by employees in reporting tips. A regularly used

form may be on paper or in electronic

form (such as a time card or report), must

meet the requirements of paragraph

(b)(1)(iii) and (iv) of this section, must

contain identifying information that will

ensure accurate identification of the

employee by the employer, and is permitted to be used only if the employer furnishes the employee a statement suitable

for retention showing the amount of tips

reported by the employee for the period.

The employer statement may be furnished

when the employee reports the tips, when

wages are first paid following the reporting of tips by the employee, or within a

short time after the wages are paid. The

employer may meet this requirement, for

example, through the use of a payroll

check stub or other payroll document regularly furnished (if not less frequent than

monthly) by the employer to the employee showing gross pay and deductions.

(c) Period covered by, and due date of,

tip statement—(1) In general. A tip statement furnished by an employee to an

employer may not cover a period greater

than 1 calendar month. An employer may,

however, require the submission of a statement in respect of a specified period of

time, for example, on a weekly or biweekly

basis, regular payroll period, etc. An

employer may specify, subject to the limitation in paragraph (a) of this section, the

time within which, or the date on which, the

statement for a specified period of time

should be submitted by the employee. For

example, a statement covering a payroll

period may be required to be submitted on

January 8, 2001

the first (or second) day following the close

of the payroll period. A statement submitted by an employee after the date specified

by the employer for its submission nevertheless is a statement furnished pursuant to

section 6053(a) and this section if it is submitted to the employer on or before the 10th

day following the month in which the tips

were received.

(2) Termination of employment. If an

employee’s employment terminates, the

employee must furnish a tip statement to

the employer when the employee ceases

to perform services for the employer. A

statement submitted by an employee after

the date on which the employee ceases to

perform services for the employer is a

statement furnished pursuant to section

6053(a) and this section if the statement is

submitted to the employer on or before

the earlier of the day on which the final

wage payment is made by the employer to

the employee or the 10th day following

the month in which the tips were received.

(d) Requirements for electronic systems—(1) In general. The electronic system must ensure that the information

received is the information transmitted by

the employee and must document all

occasions of access that result in the transmission of a tip statement. In addition,

the design and operation of the electronic

system, including access procedures, must

make it reasonably certain that the person

accessing the system and transmitting the

statement is the employee identified in the

statement transmitted.

(2) Same information as on paper

statement. The electronic tip statement

must provide the employer with all the

information required by paragraph (b)(1)

of this section.

(3) Signature. The electronic tip state-

ment must be signed by the employee.

The electronic signature must identify the

employee transmitting the electronic tip

statement and must authenticate and verify the transmission. For this purpose, the

terms authenticate and verify have the

same meanings as they do when applied

to a written signature on a paper tip statement. Any form of electronic signature

that satisfies the foregoing requirements is

permissible.

(4) Copies of electronic tip statements.

Upon request by the Internal Revenue

Service (IRS), the employer must supply

the IRS with a hard copy of the electronic

tip statement and a statement that, to the

best of the employer’s knowledge, the

electronic tip statement was filed by the

named employee. The hard copy of the

electronic tip statement must provide the

information required by paragraph (b)(1)

of this section, but need not be a facsimile of Form 4070 or any employerdesigned form.

(5) Record retention. The record retention requirements applicable to automatic

data processing systems also apply to

electronic tip reporting systems.

(6) Effective date. The provisions pertaining to electronic systems and electronic

tip reports are applicable as of December

13, 2000. However, employers may apply

these provisions to earlier periods.

Par. 3. Section 31.6053–4 is amended

as follows:

1. A sentence is added to paragraph

(a)(1) after the third sentence.

2. A sentence is added to paragraph

(a)(2) after the fourth sentence.

The additions read as follows:

§31.6053–4 Substantiation requirements

for tipped employees.

(a)(1) * * * The Commissioner may by

revenue ruling, procedure or other guidance of general applicability provide for

other methods of demonstrating evidence

of tip income. * * *

(2) * * * In addition, an electronic system maintained by the employer that collects substantially similar information as

Form 4070A may be used to maintain

such daily record, provided the employee

receives and maintains a paper copy of the

daily record. * * *

*****

PART 602–OMB CONTROL

NUMBERS UNDER THE

PAPERWORK REDUCTION ACT

Par. 4. The authority citation for part

602 continues to read as follows:

Authority: 26 U.S.C. 7805.

Par. 5. In §602.101, paragraph (b) is

amended by revising the entries for

31.6053–1 and 31.6053–4 to read as follows:

§602.101 OMB Control numbers.

*****

(b) * * *

Robert E. Wenzel,

Deputy Commissioner

of Internal Revenue.

Approved August 25, 2000.

Jonathan Talisman,

Acting Assistant Secretary

of the Treasury.

(Filed by the Office of the Federal Register on December 12, 2000, 8:45 a.m., and published in the

issue of the Federal Register for December 13, 2000,

65 F.R. 77818)

CFR part or section where

identified and described

Current OMB

control No.

*****

31.6053–1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

*****

31.6053–4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1545–0029

1545–0062

1545–0064

1545–0065

1545–1603

1545–0065

1545–1603

*****

January 8, 2001

260

2001–2 I.R.B.

Part III. Administrative, Procedural, and Miscellaneous

Employer-Designed Tip

Reporting Program for the Food

and Beverage Industry

Notice 2001–1

I. BACKGROUND

In 1993, the Internal Revenue Service

introduced its Tip Rate Determination/Education Program (TRD/EP), which is designed to enhance tax compliance among

tipped employees through taxpayer education and voluntary advance agreements

instead of traditional audit techniques.

The TRD/EP was developed as a means

of enhancing tax compliance while reducing taxpayer burden. In essence, the

TRD/EP envisions that the Service and

taxpayers in industries in which tipping is

common will work together to improve

tax compliance.

The TRD/EP currently offers employers the opportunity of entering into one of

two types of agreements. The Tip Rate

Determination Agreement (TRDA) requires the determination of tip rates; the

Tip Reporting Alternative Commitment

(TRAC) agreement emphasizes education

and tip reporting procedures. The agreements also set forth an understanding that

both the employer and employees who

comply with the terms of the agreement

will not be subject to challenge by the

Service. The decision to enter into either

a TRDA or a TRAC agreement is entirely

voluntary on the part of the employer.

TRDAs are currently in use in the food

and beverage industry and the gaming industry. TRAC agreements are currently

in use in the food and beverage industry

and the cosmetology and barber industry.

The Service expects to begin making

these agreements available to other industries during 2000.

Taxpayers in the food and beverage industry have expressed interest in designing their own TRAC programs. Notice

2000–21, 2000–19 I.R.B. 967, set forth

proposed requirements and procedures for

obtaining approval of an employer-designed EmTRAC program. Notice

2000–21 also offered interested persons

the opportunity to comment on the proposed program. The Service received no

comments. Even so, several nonsubstan-

2001–2 I.R.B.

tive clarifying changes have been made.

They appear in this document.

II. EmTRAC PROGRAM

The EmTRAC program is available

only to employers in the food and beverage industry that have employees who receive both cash and charged tips. The

employer may have one place of business

or many places of business. For purposes

of the program, each place of business is

called an establishment. If an employer

has more than one establishment, it can

choose which establishments to include in

its EmTRAC program.

The EmTRAC program retains many of

the provisions in the TRAC agreement.

The employer must establish an educational program that trains employees that

the law requires them to report all their

cash and charged tips to their employer.

Education must be furnished for newly

hired employees and quarterly for existing employees.

The employer must establish tip reporting procedures, under which a written or

electronic statement is prepared and

processed on a regular basis (no less frequently than monthly), reflecting all tips

for services attributable to each employee.

The EmTRAC program provides an

employer with considerable latitude in designing its educational program and tip

reporting procedures, which the employer

may combine. For example, a point-ofsale tip reporting system could meet both

of these requirements, because the employee is prompted of the tip reporting requirement at the end of each sale and because the reporting occurs at the end of

each sale.

The employer must agree–

1. to comply with the requirements

for filing all required federal tax returns

and paying and depositing all federal

taxes;

2. to maintain the following records

for at least 4 years after the April 15 following the calendar year to which the

records relate:

a. gross receipts subject to tipping, and

b. charge receipts showing

charged tips; and

3. upon the request of the Service, to

261

make the following quarterly totals available, by establishment, for statistical samplings of its establishments:

a. Gross receipts subject to tipping,

b. Charge receipts showing

charged tips,

c. Total charged tips, and

d. Total tips reported.

The Service agrees–

1. not to initiate any tip examinations of the employer or an establishment

included in the EmTRAC for any period

for which the EmTRAC program is in effect; except in relation to a tip examination of one or more employees or former

employees of the employer or an establishment.

2. to base any section 3121(q) notice

and demand issued to the employer or an

establishment included in the EmTRAC

and relating to any period during which

the EmTRAC program is in effect solely

on amounts reflected on–

a. Form 4137, Social Security and

Medicare Tax on Unreported Tip Income,

filed by an Employee with his or her

Form 1040, or

b. Form 885-T, Adjustment of Social Security Tax on Tip Income Not Reported to Employer, prepared at the conclusion of an employee tip examination;

and

3. not to evaluate the employer for

compliance with the provisions of its EmTRAC program for the first two calendar

quarters for which the EmTRAC program

is effective.

Both parties agree that, for purposes of

the EmTRAC program, a compliance review is not treated as an examination or

an inspection of books of account or

records, and an inspection of books of account or records pursuant to a tip examination is not an inspection of books or

records for purposes of section 7605(b) of

the Code, and is not a prior audit for purposes of section 530 of the Revenue Act

of 1978.

The effective date of an EmTRAC program is the first day of the quarter beginning on or after the date the Service signs

an approval letter.

An employer may at any time terminate

its EmTRAC program either completely

January 8, 2001

or with respect to one or more establishments. The Service may terminate its approval with respect to the EmTRAC program or a specific establishment or

establishments, only if–

1. the Service determines that the

employer or establishment(s) has failed to

comply with the required provisions; or

2. the Service pursues an administrative or judicial action relating to the

employer, an establishment included in

the EmTRAC, or any other related party

to the employer’s EmTRAC program.

Generally, any termination is effective the

first day of the first calendar quarter after

the terminating party notifies the other

party in writing.

If the employer has an existing TRAC

agreement or TRDA covering one or

more establishments included in the employer’s EmTRAC program, the existing

TRAC agreement or TRDA will terminate

with respect to that establishment or those

establishments upon the approval of the

employer’s EmTRAC program.

III. PROCEDURES FOR

REQUESTING APPROVAL

The employer must request approval of

its EmTRAC program. For this purpose,

the Service has developed a pro forma letter that an employer must use to request

approval of its EmTRAC program. The

letter requests approval of the employer’s

EmTRAC program and states that the employer will comply with the provisions set

forth in the letter (and also set forth in

section II above).

A copy of the approval request letter is

attached to this notice. It can be obtained

by mail by contacting the tip coordinator

in any local IRS office or by calling (202)

622-5532 (not a toll-free call).

The completed approval request letter

and a copy of the employer’s EmTRAC

program should be sent to:

Internal Revenue Service

S:C:CP:ET Room 2404

Attn: EmTRAC Coordinator

1111 Constitution Avenue, N.W.

Washington, DC 20224

January 8, 2001

IV. PROCEDURES FOR APPROVING

REQUESTS

After it receives the approval request

letter, the Service will review the employer’s program. If the program meets

the necessary requirements, the Service

will send the employer an approval letter,

a copy of which is attached to this notice.

The approval letter will specify the effective date of the employer’s EmTRAC program.

If the IRS determines that the employer’s EmTRAC program fails to meet

all the requirements, the IRS will contact

the employer and offer assistance in

working out a program that will meet both

the employer’s needs and the IRS’s requirements.

V. MISCELLANEOUS

Upon request to the local tip coordinator or the EmTRAC Coordinator, the Service will assist any employer in establishing, maintaining, or improving its

educational program or tip reporting procedures.

The Commissioner of Internal Revenue

may terminate all EmTRAC programs at

any time following a significant statutory

change in the FICA taxation of tips. After

December 31, 2005, the Commissioner

may terminate prospectively the Tip Rate

Determination/Education Program and all

EmTRAC programs.

VI. 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 1545-1716.

An agency may not conduct or sponsor,

and a person is not required to respond to,

a collection of information unless the collection of information displays a valid

control number. The collections of information in this document are in sections II

and III. This information is required to

comply with sections 6053(a) and 6001 of

262

the Internal Revenue Code and to assist

the Internal Revenue Service in its compliance efforts. This information will be

used to monitor the Employer’s performance under its EmTRAC program. The

collections of information are required to

obtain the benefits available under the

EmTRAC program. The likely respondents are business or other for-profit institutions.

The estimated total annual reporting

and/or recordkeeping burden is 870 hours.

The estimated annual burden per respondent/recordkeeper varies from 8

hours to 44 hours, depending on individual circumstances, with an estimated average of 13 hours. The estimated number

of respondents and/or recordkeepers is

20.

The estimated annual frequency of responses is on occasion.

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 section 6103 of the Code.

VII. AFFECT ON OTHER

DOCUMENTS

Notice 2000–21 is superseded.

DRAFTING INFORMATION

The principal author of this notice is

Karin Loverud of the Office of the Division Counsel/Associate Chief Counsel

(Tax Exempt and Government Entities).

For further information regarding this announcement, contact Ida Volz of the Office of Compliance Policy at (202) 6225532 (not a toll-free call).

2001–2 I.R.B.

Letter — Request for EmTRAC approval

Tip Coordinator

Internal Revenue Service

Re: Request for EmTRAC Approval

Dear Internal Revenue Service:

Pursuant to the Employer Tip Reporting Alternative Commitment Program (EmTRAC), I request your approval of the enclosed program for

(name of business), EIN

.

In accordance with Notice 2001–1, 2001–2 I.R.B. 261, if you approve this program_______________________________________

(name of business) agrees to:

(1) comply with the requirements for filing all required federal tax returns and paying and depositing all federal taxes;

(2) maintain the following records for at least 4 years after the April 15 following the calendar year to which the records relate:

a. gross receipts subject to tipping, and

b. charge receipts showing charged tips;

(3) upon your request, make the following quarterly totals available, by establishment, for statistical samplings:

a. gross receipts subject to tipping,

b. charge receipts showing charged tips,

c. total charged tips, and

d. total tips reported;

(4) operate its EmTRAC program as indicated in the program documents attached to this letter; and

(5) comply with the terms of your approval described in Notice 2001–1.

(name of business)

Also in accordance with Notice 2001–1,

agrees that a compliance review will not be treated as an examination or an inspection of its books of account or records and that

your inspection of books of account or records pursuant to a tip examination will not be treated as an inspection of books or records

for purposes of section 7605(b) of the Internal Revenue Code, and will not be treated as a prior audit for purposes of section 530 of

the Revenue Act of 1978.

All correspondence pertaining to this EmTRAC program (including a notice of termination) should be sent to the address indicated below,

unless we notify you in writing of a change of address.

(name

of business) will send correspondence to you in the manner indicated in your approval letter. All correspondence is effective on the date

of the postmark stamped on the envelope or, in the case of a notice sent by certified mail, on the sender’s receipt.

(name

I represent that I have the authority to agree to these terms on behalf of

of business).

If you have any questions, please contact

or

(e-mail address).

at

(telephone number)

Name of Business

\s\

By:

Title:

Date:

Enclosures:

EmTRAC program documents

List of establishments (name, address, and EIN) participating in the program

2001–2 I.R.B.

263

January 8, 2001

Letter – EmTRAC approval

Internal Revenue Service

Service Representative

Department of the Treasury

Person to Contact:

Identification Number:

Contact Telephone Number:

Re: EmTRAC Approval

Dear

(Taxpayer):

Thank you for your letter of

requesting our approval of your EmTRAC program and containing your agreements with respect to that program. We are pleased to inform you that your EmTRAC Program meets the requirements of Notice 2001–1.

Accordingly, we agree as follows:

Your EmTRAC program will be effective on

[insert the first day of the quarter beginning on or after

the date the Service signs the letter]. The Service agrees not to initiate any new tip examinations of you or any of the establishments

included in your letter for any period during which your EmTRAC program is in effect, except in relation to a tip examination of

one or more employees or former employees of you or an establishment.

Any section 3121(q) notice and demand that we issue to you (or an establishment) relating to any period during which your

EmTRAC program is in effect will be based solely on amounts reflected on Form 4137, Social Security and Medicare Tax on

Unreported Tip Income, filed by an employee with his or her Form 1040, or Form 885-T, Adjustment of Social Security Tax on Tip

Income Not Reported to Employer, prepared at the conclusion of an employee tip examination.

[insert the first day of

The Service will not evaluate your EmTRAC program for compliance until

the second calendar quarter following the date on which the EmTRAC program becomes effective]. The Service may, however,

review your progress in implementing your EmTRAC program before then.

Your EmTRAC program will remain in effect until you terminate it or the Service terminates its approval. If you no longer wish

your EmTRAC program to apply to one or more of your establishments, you may terminate the program with respect to any establishment(s) by identifying the establishment(s) in writing to the Service Representative described below. If you want to completely

terminate your EmTRAC program, please say that in your letter to the Service Representative.

The Service may terminate its approval only (1) if you fail to comply with your agreements described in your letter, (2) if the Service

pursues an administrative or judicial action relating to you, an establishment, or any other related party to your EmTRAC program,

(3) following a significant statutory change in the FICA taxation of tips, or (4) after December 31, 2005. If one or more establishments fail to comply with any of your agreements, the Service may choose to terminate its approval with respect to that establishment(s).

Any termination will be effective the first day of the first calendar quarter after the terminating party notifies the other party in writing, unless you (or an establishment) fail to comply with your agreements. In that case, the Service may terminate your EmTRAC

program effective as of the first day of the quarter in which you ceased to comply.

Please send all correspondence relating to your EmTRAC program to

and address), unless we notify you in writing otherwise.

If you have any questions regarding this agreement, please contact

(telephone number) or

(e-mail address).

(name

(ID

) at

Thank you for your participation in the program.

INTERNAL REVENUE SERVICE

By:

ID:

Date:

January 8, 2001

264

2001–2 I.R.B.

Research Credit-Suspension

Period

COMPUTATION OF THE RESEARCH

CREDIT FOR TAXABLE YEARS

INCLUDING SUSPENSION PERIODS

Notice 2001–2

PURPOSE

This notice provides guidance to help

taxpayers compute and report their credit

for increasing research activities (research

credit) under § 41 of the Internal Revenue

Code for taxable years that include the research credit suspension periods described in § 502 (d)(2) of the Tax Relief

Extension Act of 1999, Pub. L. No. 106170 (Dec. 17, 1999) (the Act). Further,

this notice explains how to take into account any research credits attributable to a

research credit suspension period.

SPECIAL RULES RELATING TO THE

RESEARCH CREDIT SUSPENSION

PERIODS

Section 502(d) of the Act provides that,

for purposes of the Code, any research

credit attributable to the period beginning

on July 1, 1999, and ending on September

30, 2000, that is otherwise allowable under

the Code, may not be taken into account

prior to October 1, 2000. Further, any research credit attributable to the period beginning on October 1, 2000, and ending on

September 30, 2001, that is otherwise allowable under the Code, may not be taken

into account prior to October 1, 2001.

On or after the earliest date that an

amount of research credit attributable to a

research credit suspension period may be

taken into account, the amount may be

taken into account through the filing of an

amended return, an application for expedited refund, or an adjustment of estimated taxes.

Because the research credit suspension

periods merely delay the use of research

credits attributable to a research credit

suspension period, the limitations contained in § 38(c), § 39, and § 41(g) on the

amount of research credit allowable to

any person as a credit against tax for any

taxable year remain applicable. Further,

taxpayers not electing to take a reduced

credit under § 280C(c)(3) must continue

to reduce applicable deductions, amounts

chargeable to capital account, and credits

for the taxable year by the full amount of

the research credit as required by

§ 280C(c)(1) and (2).

2001–2 I.R.B.

Section 502(d)(4) of the Act provides

the rule for determining the amount of research credit suspended for taxable years

including research credit suspension periods. To determine the amount of research

credit that is suspended, taxpayers first

must calculate the research credit for the

taxable year. The amount of research

credit that is attributable to a research

credit suspension period under § 502(d)

of the Act is the amount that bears the

same ratio to the amount of research

credit for the taxable year as the number

of months in the research credit suspension period that are during the taxable

year bears to the total number of months

in the taxable year.

Form 6765, Credit for Increasing Research Activities, reflects the required

computation of the research credit and the

determination of the research credit allowed on a current year return and the

suspended research credit attributable to

the current year.

APPLICATION

ORIGINAL RETURNS

Research credits attributable to a research credit suspension period may not

be used as a credit against tax on a timely

filed or late filed original return for a taxable year that includes any part of such

suspension period even if that original return is filed after the expiration of such

suspension period. This rule is necessary

for the Internal Revenue Service to properly administer § 502(d) of the Act.

CARRYBACK AND CARRYFORWARD OF SUSPENDED CREDITS

Any research credit that is not allowed

for the taxable year that is attributable to a

research credit suspension period may not

be claimed as a carryback or carryforward

until the day after the end of the applicable research credit suspension period.

After the end of the applicable research

credit suspension period, however, research credits attributable to a research

credit suspension period that are not used

currently as a credit against tax may be

carried to other taxable years under the

rules of § 39.

265

OVERPAYMENT OF TAX AND INTEREST ON OVERPAYMENTS

Because research credits attributable to

a research credit suspension period may

not be taken into account in determining

any amount required to be paid for any

purpose under the Code until the expiration of the applicable research credit suspension period, research credits attributable to a research credit suspension period

are not available as a credit against tax

until the expiration of the applicable research credit suspension period and may

not be considered in determining any

overpayment of tax until the expiration of

the applicable research credit suspension

period.

In computing interest on any overpayment attributable to any suspended research credit under the rules of § 6611,

the date of the overpayment for purposes

of computing the interest is the later of the

date of the overpayment without regard to

the research credit suspension period

(even though the credit may not be

claimed on an original return that includes

any part of the suspension period) or the

day after the close of the suspension period.

REFUND OF TAX AND EXPEDITED

REFUNDS

If an overpayment of tax for a taxable

year arises as of the expiration of a research credit suspension period, a claim

for refund of the overpayment of tax may

be taken into account by filing an

amended return, an application for tentative refund, or an application for expedited refund on or after the earliest date

that an amount of credit may be taken into

account. A separate claim should be

made for each taxable period.

An application for expedited refund of

suspended research credits is made by filing a Form 1045, Application for Tentative

Refund, or a Form 1139, Corporation Application for Tentative Refund, or by filing

an amended income tax return (Form

1040X , Form 1120X, or other amended return) before the date that is the later of one

year after the close of the research credit

suspension period to which the application

relates or one year after the close of the taxable year to which the suspended research

credit relates. The application for expedited refund shall be filed with the Service

January 8, 2001

Center receiving the original return. The

application for expedited refund shall indicate at the top “Application for Expedited

Refund-Suspended Research Credit”

and include a copy of the Form 6765 filed

with the original return.

If an application for an expedited refund is filed before the date that is the

later of one year after the close of the research credit suspension period to which

the application relates or one year after

the close of the taxable year to which the

suspended research credit relates, the Internal Revenue Service will review the

application, determine the amount of the

overpayment, and apply, credit, or refund

the overpayment, in a manner similar to

the manner provided in § 6411(b), no

later than 90 days after the date on which

an application is filed.

Further, a claim for refund of the overpayment of tax attributable to suspended

research credits may be taken into account by filing an amended income tax return (Form 1040X, Form 1120X, or other

amended return) on or after the date that

is the later of one year after the close of

the research credit suspension period to

which the claim relates or one year after

the close of the taxable year to which the

suspended research credit relates but before the expiration of the period of limitation on filing a claim for credit or refund

under § 6511. An amended income tax

return, filed on or after the date that is the

later of one year after the close of the research credit suspension period to which

the claim relates or one year after the

close of the taxable year to which the suspended research credit relates, claiming a

refund of the overpayment of tax attributable to suspended research credits shall

indicate at the top “Refund-Suspended

Research Credit” and include a copy of

the Form 6765 filed with the original return. Further, an amended income tax return filed on or after the date that is the

later of one year after the close of the research credit suspension period to which

the claim relates or one year after the

close of the taxable year to which the suspended research credit relates and before

the expiration of the period of limitation

on filing a claim for credit or refund under

§ 6511 will be processed under the general rules for processing refund claims in

lieu of the expedited refund procedures

described above.

January 8, 2001

Finally, any claim for refund of an

overpayment of tax attributable to a research credit suspension period should

not be filed before the expiration of the

applicable suspension period or before the

date the original return for the applicable

taxable year is filed.

ESTIMATED TAXES

The prohibition on taking into account

research credits attributable to a research

credit suspension period extends to the

determination of any estimated tax payment. Thus, for example, the research

credit attributable to the period beginning

on July 1, 1999, and ending on September

30, 2000, cannot be used to reduce any estimated tax payments due before October

1, 2000. The research credit attributable

to the period beginning on July 1, 1999,

and ending on September 30, 2000, can

be used to reduce an estimated tax payment due on or after October 1, 2000.

ESTIMATED TAX PENALTIES

In general, additions to tax for failure

to pay estimated tax are made under

§ 6654 or § 6655 for any underpayment of

income tax imposed by the Code even if

the underpayment was created or increased by reason of the suspension of the

research credit under § 502 of the Act.

No additions to tax for failure to pay estimated tax, however, will be made for any

period before July 1, 1999, for any underpayment of income tax imposed by the

Code to the extent the underpayment was

created or increased by reason of the suspension of the research credit under § 502

of the Act.

EXAMPLE

Assume that taxpayer, a calendar-year

corporation, had 800x dollars of research

credit for 1999 and 800x dollars of research credit for 2000. The amount of research credit attributable to the period

July 1 through December 31, 1999, is

400x dollars (6/12 x 800x dollars), and

the amount of research credit attributable

to the period from January 1 through September 30, 2000 would be 600x dollars

(9/12 x 800x dollars).

On taxpayer’s original return for 1999,

taxpayer may not reduce its 1999 tax liability by the research credit of 400x dollars attributable to the period July 1

266

through December 31, 1999. On or after

October 1, 2000, taxpayer may file an

amended return to claim the benefit of the

400x dollars of research credit attributable

to the period July 1 through December 31,

1999. In lieu of filing an amended return,

on or after October 1, 2000, taxpayer may

file an application for tentative refund of

the 400x dollars of research credit attributable to the period July 1 through

December 31, 1999. An application for

tentative refund of the 400x dollars of

research credit attributable to the period

July 1 through December 31, 1999, must

be filed before October 1, 2001. An

amended return or application for tentative refund filed before October 1, 2001,

claiming the 400x dollars of research

credit attributable to the period July 1

through December 31, 1999, with the designation “Application for Expedited

Refund-Suspended Research Credit”

will be treated as an application for expedited refund.

Taxpayer’s 400x dollars of research

credit attributable to the period July 1

through December 31, 1999, and 600x

dollars of research credit attributable to

the period January 1 through September

30, 2000, may not be taken into account in

determining any of the estimated tax payments that are due before October 1,

2000. If taxpayer makes an estimated tax

payment for its 2000 taxes based on its

prior year tax liability, that liability must

be determined without regard to the 400x

dollars of research credit attributable to

the period July 1 through December 31,

1999. If taxpayer makes an estimated tax

payment for its 2000 taxes based on its

current year tax liability, whether or not

that liability is annualized, that liability

must be determined without regard to the

600x dollars of research credit attributable

to the period January 1 through

September 30, 2000, or any research credit attributable to the second research credit suspension period.

Because taxpayer’s first estimated tax

payment due on or after October 1, 2000,

is the payment due on December 15,

2000, taxpayer may use its 600x dollars of

research credit attributable to the period

January 1 through September 30, 2000,

and available on October 1, 2000, to

reduce the amount of estimated tax payments otherwise required to be paid on

December 15, 2000. In addition, if tax-

2001–2 I.R.B.

payer indicates on its amended return

filed on or after October 1, 2000, that all

or part of the 400x dollars of research

credit attributable to the period July 1

through December 31, 1999, and available

on October 1, 2000, is to be applied to its

estimated tax for the succeeding taxable

year (in lieu of a refund), then the amount

requested will be applied to the taxpayer’s

estimated tax payment due on December

15, 2000.

Alternatively, assume taxpayer files an

amended return on December 1, 2000 to

claim a refund of the 400x dollar overpayment of tax attributable to the period July

1 through December 31, 1999. Taxpayer

is entitled to interest under § 6611 on the

overpayment from October 1, 2000 (the

end of the applicable suspension period)

to December 1, 2000 (the date the amended return was filed). Assuming that the

overpayment is refunded within 45 days

after the amended return is filed, no additional interest is allowed on the refund.

DRAFTING INFORMATION

The principal author of this notice is

Lisa J. Shuman of the Office of Associate

Chief Counsel (Passthroughs and Special

Industries). For further information regarding this notice, contact Ms. Shuman

at (202) 622-3120 (not a toll-free call).

Weighted Average Interest Rate

Update

Notice 2001–3

Notice 88–73 provides guidelines for

determining the weighted average interest

rate and the resulting permissible range of

interest rates used to calculate current liability for the purpose of the full funding

Month

Year

Weighted

Average

December

2000

5.93

Drafting Information

The principal author of this notice is

Todd Newman of the Employee Plans,

Tax Exempt and Government Entities Division. For further information regarding

this notice, please call Mr. Newman at

(202) 283-9702 (not a toll-free number).

Clarifications of Qualified

Intermediary Agreement

Provisions and Procedures

90% to 105%

Permissible

Range

90% to 110%

Permissible

Range

5.34 to 6.23

5.34 to 6.52

tion, this notice provides a clarification

regarding the use of the term “know your

customer” in the context of the new

withholding and reporting regulations.

The Department of the Treasury (Treasury) and the Internal Revenue Service

(IRS) will continue to monitor the implementation of the new regulations and the

qualified intermediary agreement and

will provide, as appropriate, other guidance designed to ensure that the implementation process occurs as smoothly as

possible.

II. Background

Notice 2001–4

I. Purpose

Certain issues have arisen regarding

the implementation of the new withholding and reporting regulations (T.D. 8734,

1997–2 C.B.109, and T.D. 8881,

2000–23 I.R.B. 1158) and the qualified

intermediary agreement contained in

Rev. Proc. 2000–12 (2000–4 I.R.B.

387). This notice provides guidance regarding certain transitional and other issues for qualified intermediaries (QIs)

and U.S. withholding agents. In addi-

2001–2 I.R.B.

limitation of § 412(c)(7) of the Internal

Revenue Code as amended by the Omnibus Budget Reconciliation Act of 1987

and as further amended by the Uruguay

Round Agreements Act, Pub. L. 103-465

(GATT).

The average yield on the 30-year Treasury Constant Maturities for November

2000 is 5.78 percent.

The following rates were determined

for the plan years beginning in the month

shown below.

In T.D. 8734, as modified by T.D.

8881, (the “new withholding regulations”), Treasury and the IRS issued comprehensive regulations under chapter 3

(sections 1441-1464) and subpart G of

subchapter A of chapter 61 (sections

6041-6050S) of the Internal Revenue

Code (the “Code”). The regulations are a

significant revision of the procedural rules

regarding the withholding, documentation, and information reporting requirements that apply to payments of income

to foreign persons, particularly as they relate to payments handled by financial in-

267

termediaries. The regulations generally

become effective January 1, 2001.

The provisions relating to QIs are a key

component of the new regulations. Those

provisions are intended to reduce the administrative burdens of both foreign financial institution intermediaries (as well

as foreign branches of U.S. intermediaries) and the U.S. withholding agents

from whom the foreign intermediaries

and foreign branches receive income. To

become a QI, an entity must submit an application and enter into a qualified intermediary withholding agreement (QI

agreement) with the IRS. The application

procedures and terms of the QI agreement

are set forth in Rev. Proc. 2000–12 . Additional guidance has been provided to

qualified intermediaries in Announcement

2000–48 (2000–23 I.R.B. 1243).

III. Transitional Guidance for QIs.

A. Acting as a QI Prior to Execution

of the QI Agreement

1. Provisions Applicable to QIs.

Some potential QIs have expressed

concerns about their ability to act as QIs

on January 1, 2001, if they file an application for a QI agreement before January 1,

January 8, 2001

2001, but do not receive a fully executed

QI agreement by that date. Other potential QIs have expressed concerns about

their treatment if they submit applications

after January 1, 2001. To address these

concerns, the IRS will apply the following

rules to potential QIs.

An applicant for a QI agreement may

represent on a Form W-8IMY that it is a

QI for a limited period after it submits a

complete application for a QI agreement

and before it receives a fully executed

agreement. An application is complete if

it contains all of the information required

by section 3 (Application for QI Status) of

Rev. Proc. 2000–12, including a completed Appendix A (countries in which the

applicant will operate as a QI) and Appendix B (list of auditors that may be used by

the QI and any private arrangement intermediary of the QI to perform external audits). It is not necessary, however, for an

applicant to attach the know-your-customer documentary evidence attachment

for particular countries because the IRS

has standardized those attachments.

An applicant that has submitted a QI

application before January 1, 2001, may

represent on Form W-8IMY that it is a QI

without being in possession of a fully executed QI agreement until June 30, 2001.

An applicant that has submitted a QI application after December 31, 2000, may

represent on Form W-8IMY that it is a QI

until the end of the sixth full month after

the month in which it submits its QI application. An application is submitted on the

date it is post marked. Because of limited

resources, the IRS will not date stamp return copies of applications.

An applicant may not represent that it

is a QI if it receives a notice from the IRS

stating that it may not make the representation unless it receives a fully executed

QI agreement. The IRS will only issue

such notices in cases where an application

is not substantially complete or the IRS

has determined on a preliminary basis that

it will not enter into a QI agreement with

the applicant.

The IRS has instituted procedures to

issue applicants a QI employer identification number (QI-EIN) upon receiving an

application. An applicant should include

the QI-EIN on any Form W-8IMY it provides as a QI after it receives the number.

If an applicant has provided a Form

W-8IMY before it has received a number,

January 8, 2001

it should write “awaiting QI-EIN” on line

6 of Part I of the form. If an applicant

provides an “awaiting QI-EIN” statement

on a Form W-8IMY, or an applicant has

provided a Form W-8IMY before the date

of this notice in anticipation of becoming

a QI, the applicant should provide the QIEIN to its withholding agent as soon as

practicable after it is received. It is not

necessary, however, for the applicant to

provide a newly executed Form W-8IMY

with the QI-EIN after it receives the QIEIN or after it receives a fully executed

QI agreement provided all of the information on the original form remains valid.

The applicant may furnish its QI-EIN to

its withholding agent in any manner

agreed to by the applicant and its withholding agent.

Provided that it submits its application

before July 1, 2001, a potential QI may

apply all of the provisions of the QI

agreement beginning January 1, 2001.

An applicant that submits its application

after June 30, 2001, may represent to a

withholding agent that it is a QI effective

on the date it submits a complete application. Such a QI, however, will not be permitted to apply the reporting provisions of

section 8 of the QI agreement or the collective credit or refund procedures of section 9.04 of the QI agreement to any payments received prior to the effective date

contained in its QI agreement. Thus, a QI

that submits its application after June 30,

2001, must report all payments that it

makes prior to the effective date of its QI

agreement as a nonqualified intermediary.

See e.g., §1.1461–1(c)(4).

The IRS will not assess any penalties

for failure to make a deposit of withheld

amounts prior to the date the QI receives

its QI-EIN provided the QI makes a deposit of any amounts otherwise required

to be made within 3 days of receiving its

QI-EIN. In addition, if a QI applies to enroll in the Electronic Federal Tax Payment

System (EFTPS) within 30 days of receiving a QI-EIN, no penalty will be assessed for failure to deposit withheld

amounts if any deposit otherwise required

to be made before the date that the QI is

enrolled in EFTPS is made within 3 days

of being enrolled in EFTPS.

2. Rules Applicable to Withholding

Agents

A withholding agent that receives a

Form W-8IMY with an “awaiting QI-

268

EIN” statement may treat the person that

provides the form as a QI unless it knows,

or has reason to know, that the provider of

the form cannot validly represent that it is

a QI. A withholding agent that receives a

Form W-8IMY with an EIN, or that receives an EIN with respect to an otherwise valid Form W-8IMY without an

EIN, may treat the provider of the form as

a QI unless it knows, or has reason to

know, that the provider of the Form is not

a QI. A withholding agent is not required

to determine when a QI applied for an

agreement or if it is actually in possession

of a fully executed agreement. A withholding agent is also not required to verify whether the EIN is a QI-EIN.

A withholding agent should report any

payments made prior to receiving a Form

W-8IMY on which a person represents

that it is acting as a QI in accordance with

any other valid documentation that the

withholding agent has for such person or,

in the absence of such documentation, in

accordance with the presumption rules

provided in the withholding agent’s QI

agreement (if the withholding agent is a

QI) or the presumption rules contained in

the new withholding regulations (if the

withholding agent is not a QI).

B. Documentation Transition Rules for

QIs.

Under section 5.01 of the QI agreement, a QI is required to apply the presumption rules of section 5.13(C) to any

payment made to an account holder unless the QI can reliably associate the payment with valid documentation from the

account holder. The presumption rules

may result in withholding at a 30-percent

or 31-percent rate. Under section

11.03(F), failure to obtain documentation

from a significant number of direct account holders constitutes an event of default for which the IRS may terminate a

QI agreement.

Some potential QIs have indicated that

they will be unable to obtain the account

holder documentation required under section 5 of the QI agreement by January 1,

2001, because they have a substantial number of existing accounts for which documentation must be sought. These institutions have requested clarification regarding

the operation of the documentation requirements and, in particular, the audit provisions of the QI agreement. Specifically,

they have asked whether the audit provi-

2001–2 I.R.B.

sions of the QI agreement afford them a

documentation transition period.

Section 10.03 of the QI agreement provides that the QI shall have its external

auditor conduct an audit of the second and

fifth full calendar years that the agreement is in effect. Section 10.06 provides

that, upon review of the external auditor’s

report, the IRS may request, and the QI

must permit, the external auditor to perform additional audit procedures or to expand the external audit to cover some or

all of the calendar years for which the period of limitations for assessment of taxes

has not expired.

The IRS intends to implement the audit

provisions in a manner that will permit a

QI to have a transition period for obtaining

account holder documentation. To effect a

documentation transition period, the IRS

will not request an external auditor to examine the first year of the QI agreement

provided that the IRS determines, based on

the external auditor’s report, that the QI is

in substantial compliance with all of the

provisions of the QI agreement, including

the documentation requirements, by the

end of the second full year of its agreement. In addition, the IRS will not impose

failure to deposit penalties to the extent

that the under-deposit is attributable solely

to the failure to apply the presumption

rules in the second full year of the agreement. The IRS will, however, require a QI

to pay the tax due from the second full year

of the agreement if the amount actually

withheld from an account holder is less

than the amount supported by valid documentation on file by the end of the second

full year of the agreement or, if there is no

documentation on file, the amount withheld was less than required under the presumption rules. No penalties will be assessed on underpaid tax; however, interest

will be charged on any tax due that is paid

after the due date of the Form 1042 for the

second full calendar year of the agreement.

The following example illustrates the

documentation transition rule. Assume

that after the audit of the second year of

its QI agreement, a QI is found to be in

substantial compliance with the QI agreement and all but an insignificant number

of its accounts have valid documentation.

The external auditor determines that payments of dividends were received by a

particular individual account holder, B,

prior to B furnishing the QI with any doc-

2001–2 I.R.B.

umentation. The QI applied withholding

on dividends received by B in year 2 at

the rate of 15 percent. By the end of year

2, B does provide the QI with documentation that supports the 15 percent rate. No

penalties will be asserted against the QI

even though 30 percent was not withheld

from the dividends as required under the

presumption rules. If, however, B did not

provide valid documentation supporting

the 15-percent treaty rate by the end of the

second full calendar year of the agreement, the QI would be liable for the tax

equal to the difference between the 15percent rate of withholding actually applied and the 30-percent rate that should

have applied under the presumption rules.

Because the QI is in substantial compliance with the QI agreement and has valid

documentation for all but an insignificant

number of its accounts, however, the underpayment will be computed only with

respect to dividends paid in the second

year of the agreement.

The IRS will not apply the transition

approach to any QI that is found not to be

in substantial compliance with the QI

agreement by the end of the second full

year of the agreement. In that case, the

IRS may, in accordance with the terms of

the QI agreement, request the external auditor to audit the first year of the QI

agreement, and the IRS may assess the

appropriate penalties for both the first and

second years of the agreement. The provisions of this section III. B. shall not

apply for years after 2002.

C. Documentation and Reporting Relief for Simple and Grantor Trusts.

Under section 5.07 of the QI agreement, a QI is generally required to obtain

a Form W-8IMY from a flow-through entity, which includes a foreign simple or

foreign grantor trust, together with appropriate documentation from the interest

holders in the flow through entity. Section 8.02(B) of the QI agreement provides

that a QI must file separate Forms 1042-S

for each interest holder in a flow-through

entity that is not itself a nonqualified intermediary or flow-through entity. Thus,

the pool basis reporting provisions of section 8.03 of the QI agreement do not

apply to payments made to beneficiaries

or owners of foreign simple trusts and foreign grantor trusts.

Commentators have requested that the

IRS consider treating beneficiaries of for-

269

eign simple trusts and owners of foreign

grantor trusts as direct account holders of

a QI in appropriate circumstances. They

argue that where local “know-your-customer” rules (i.e., the rules that require a

person to obtain documentation confirming the identity of a customer or account

holder) require a QI to identify the beneficiaries or owners of such trusts, plus certain additional precautions are taken, it is

appropriate to treat the beneficiaries or

owners as direct account holders. In addition, they argue that a company providing

fiduciary services as a trustee should be

able to become a QI if it is subject to

know-your-customer rules, even though it

is not a financial institution or a clearing

organization described in §1.1441–

1(e)(5)(ii)(A) and (B).

The IRS will permit a QI to treat the

beneficiaries of a foreign simple trust or

the owners of a foreign grantor trust as direct account holders for purposes of the

QI agreement if the following criteria are

met. First, the QI must be required, pursuant to the applicable know-your-customer rules, to determine the identity of

the beneficiaries or owners of foreign

simple or foreign grantor trusts. Second,

the QI must obtain the type of know-yourcustomer documentation set forth in paragraph 4 of the appropriate know-yourcustomer attachment to the QI agreement.

This second requirement cannot be satisfied by obtaining a Form W-8. Third, the

QI must obtain a valid Form W-8 from the

beneficiary or owner of the trust. The IRS

will apply the documentation transition

approach described in section III. B. of

this notice to these documentation requirements. The documentation may be

provided to the QI directly rather than

being attached to a Form W-8IMY, or it

may be attached to a Form W-8IMY on

which the trust represents that it is a foreign simple or foreign grantor trust. If a

Form W-8IMY is provided, it is not necessary for the trust to provide a withholding statement. In addition, if a Form

W-8IMY is provided and the trust has 5 or

fewer owners, the IRS will not require the

trust to provide the QI with a taxpayer

identification

number

despite

§1.1441–1(e)(4)(vii)(G).

The IRS will also permit a company

that is in the business of providing fiduciary services as a trustee (i.e., a trust

company) and that is subject to know-

January 8, 2001

your-customer rules that have been approved by the IRS for purposes of the QI

agreement to become a QI provided that

the trust company agrees to the provisions

of the QI agreement as set forth in Rev.

Proc. 2000–12. Such a QI must treat the

trusts and trust beneficiaries or owners as

account holders for purposes of applying

the QI agreement. Such a QI may also

treat beneficiaries and owners of foreign

simple trusts and foreign grantor trusts as

direct account holders provided they meet

the conditions of this section III. C.

Treasury and the IRS will monitor

whether the rules of this notice applicable

to grantor and simple trusts are appropriate and may provide further guidance as

necessary.

D. Proprietary Accounts of Qualified

Intermediaries

Section 1.01 of the QI agreement provides that a QI must act as a qualified intermediary for those accounts which it designates as QI accounts with a withholding

agent. Clearing organizations have argued

that the language that requires a QI to act as

a QI with respect to an account prohibits

the QI from including assets for which the

QI is the beneficial owner in the same account as one containing assets for which

the QI acts as a QI. Separating proprietary

and intermediary assets into separate accounts would, they argue, erode the efficiencies that clearing organizations provide

their financial institution members and

shareholders.

Notwithstanding Section 1.01, the IRS

will permit a QI that maintains an account

with a clearing organization in which it is a

member or shareholder to include the assets

for which the QI is the beneficial owner in

the same account with those assets for

which it acts as a qualified intermediary if

the QI timely and accurately reports the income for which it is the beneficial owner by

filing the appropriate Forms 1042-S for

each year showing itself as the recipient of

the income for which it is the beneficial

owner. For purposes of this exception to

section 1.01 of the QI agreement, a clearing

organization is an entity which is in the

business of holding obligations for member

organizations or shareholders and transferring those obligations among the members

or shareholders by credit or debit to the account of the member or shareholder without the necessity of physical delivery of the

obligation. Under no circumstances, how-

January 8, 2001

ever, may a QI maintain assets for which it

acts as a QI in the same account as assets

for which it acts as a nonqualified intermediary.

E. Assumption of Primary Form 1099

Reporting and Backup Withholding Responsibility

Section 3.07 of the QI agreement contains the terms for those QIs assuming

primary Form 1099 reporting and backup

withholding responsibilities. The introductory language to that section provides

that QIs that are not U.S. payors must obtain IRS approval to assume primary

Form 1099 reporting and backup withholding responsibility. The IRS evidences its approval by inserting the Commissioner’s, or his delegate’s, signature in

the margin of section 3.07 of the QI

agreement.

The IRS will no longer require QIs that

are not U.S. payors to obtain IRS approval before assuming primary Form

1099 reporting and backup withholding

responsibility. A non-U.S. payor QI may,

therefore, assume such responsibilities by

making the appropriate representations on

Form W-8IMY, or the associated withholding statement, provided to a withholding agent.

IV. Transition Relief for Foreign Partnerships

Under the regulations as well as the QI

agreement, foreign partnerships are generally treated as flow-through entities. As

such, they should provide withholding

agents, including QIs, with a Form

W-8IMY together with documentation

from each partner and a withholding

statement that, among other things, allocates the payment made to each of the

partners in the partnership.

To achieve a smoother transition period

for foreign partnerships and their withholding agents, the IRS will permit for

calendar year 2001 a foreign partnership

to provide a withholding agent, including

a QI, with a Form W-8IMY together with

a withholding statement that provides the

withholding agent with information regarding withholding rate pools. The foreign partnership must associate the documentation from each of its partners with

the Form W-8IMY. However, if a partner

is a foreign person or a U.S. exempt recipient (e.g., a corporation), that documentation may be provided to the withholding

270

agent at any time during calendar year

2001. A Form W-9 must be provided,

however, with respect to any U.S. nonexempt recipient before a payment is

made to a partnership.

A withholding rate pool is a payment of

a single type of income, determined in accordance with the categories of income

reported on Form 1042-S or Form 1099,

as applicable, that is subject to a single

rate of withholding. The foreign partnership, must provide a separate withholding

rate pool for each U.S. non-exempt recipient partner (e.g., a U.S. individual, U.S.

partnership, U.S. trust, or U.S. estate).

A withholding agent, including a QI,

may withhold in accordance with the

withholding rate pool information provided by the foreign partnership. In addition, a withholding agent that is not a QI

should report payments allocated to withholding rate pools, other than a withholding rate pool attributable to a U.S. non-exempt recipient, on Form 1042-S as if the

payment were made to the foreign partnership as a recipient. A QI should report

such payments as if it were made to its

general withholding rate pool. A withholding agent that is not a QI must report

payments to U.S. non-exempt recipients

in accordance with the regulations under

chapter 61 of the Code. A withholding

agent that is a QI must treat U.S. non-exempt recipients in accordance with the

provisions of the QI agreement. Withholding agents that cannot allocate a payment to a withholding rate pool must

apply the appropriate presumption rules.

V. Transition Relief for U.S. Withholding Agents

A. Documentation Transition Rules.

Some U.S. withholding agents that are financial institutions have stated that despite

the extensive period they have been given to

obtain Forms W-8BEN, W-8ECI, W-8EXP,

and W-8IMY, they have nevertheless had

difficulties re-documenting the large number of accounts they must handle. In addition, they have stated that the rule in

§1.1441–1(e)(2)(ii), which prohibits the use

of a P.O. box as a permanent residence address on a Form W-8, presents an insurmountable difficulty for Forms W-8 provided by residents of foreign countries that

do not have street addresses and instead use

P.O. boxes as permanent residence addresses. Finally, some commentators have

2001–2 I.R.B.

noted that T.D. 8881, issued on May 15,

2000, made certain changes to the rules regarding when a withholding certificate may

be treated as reliable that are more restrictive than the rules promulgated under T.D.

8734. In particular, they note that under

T.D. 8881, a withholding agent cannot rely

on a Form W-8 if the form has a U.S. mailing address or the withholding agent has a

U.S. mailing address as part of its account

information, unless the withholding agent

obtains both documentary evidence that is

less than three years old and a written explanation from the account holder that substantiates the account holder’s foreign status.

To address these concerns, the IRS will

permit a U.S. withholding agent during

calendar year 2001 to rely on old Form

W-8 (i.e., Form W-8 as revised November

1992), Form 1001, Form 1078, Form

4224, and Form 8709 obtained under the

regulations in effect prior to January 1,

2001 (see 26 CFR parts 1 and 35a, revised

April 1, 1992), even if the validity period

of those forms has expired, provided that

the U.S. withholding agent can demonstrate on audit that it has made good faith

efforts to obtain Forms W-8BEN,

W-8ECI, W-8EXP, W-8IMY, and W-9

from account holders required to provide

those forms. In addition, and until further notice, the IRS will permit Forms

W-8 that contain a P.O. box as a permanent residence address to be relied upon

provided that the withholding agent does

not know, or have reason to know, that the

person providing the form is a U.S. person and provided that the withholding

agent does not know, or have reason to

know, that a street address is available.

Finally, the IRS will permit a withholding

agent to rely on Forms W-8 for which

there is a U.S. mailing address provided

the Form was received prior to December

31, 2001, without applying the provisions

of 1.1441–7(b) regarding the presence of

a U.S. mailing address on the Form W-8

or as part of the withholding agent’s account information.

Under no circumstances, however, may

a U.S. withholding agent apply the socalled address rule contained in

§§1.1441–3(b)(3) and 35a.9999–3 Q&A

36 for dividends paid after December 31,

2000. Thus, a withholding agent may not

treat dividends as paid to a foreign person,

or as subject to a reduced rate of withholding under an income tax treaty, based

2001–2 I.R.B.

solely on the address of the person to

whom the dividends are paid. The withholding agent may treat the payee of dividends as a foreign person, and as a resident of a treaty country, if applicable, in

the absence of a Form W-8BEN if it is in

possession of a Form W-8 (revised November 1992) or a Form 1001 for the

same payee and it does not know, nor

have reason to know, that the payee is not

entitled to treaty benefits.

Notwithstanding the provisions of this

section V. A., a withholding agent may

not rely on an old Form W-8 (revised November 1992) to treat a foreign financial

institution as the beneficial owner of income if the withholding agent knows, or

has reason to know, that the foreign financial institution is acting as an intermediary on behalf of others.

B. Year 2001 as Transition Year for

U.S. Withholding Agents

In Notice 98–16 (1998–1 C.B. 847) and

Notice 99–25 (1999–1 C.B. 979), the IRS

stated that it would regard the calendar

years 1999 and 2000 as transition years.

Calendar year 2001 will similarly be regarded as a transition year for U.S. withholding agents by the IRS in enforcing

compliance for the administration of the

withholding tax system. Accordingly, the

IRS will take into account in performing

audits of the year 2001, the extent to which

a U.S. withholding agent has made good

faith efforts in 1999, 2000, and 2001 to

transform its business practices and information systems to comply with the new

withholding regulations. Thus, the IRS will

take into account whether a U.S. withholding agent has made reasonable efforts during 1999, 2000, and 2001 to modify its account opening practices to conform to the

new documentation requirements, obtain

new withholding certificates on existing accounts, and make appropriate systems

changes to comply with the new withholding regulations. The IRS will also take into

account whether or not a U.S. withholding

agent has effectively implemented the new

withholding regulations by January 1,

2002.

C. Reporting Relief for U.S. Payors in

U.S. Possessions.

Under the new withholding regulations,

U.S. payors that pay foreign source income outside the United States to U.S.

non-exempt recipients must generally report such payments on Form 1099 and, if

271

appropriate, apply backup withholding. A

commentator has noted that the new withholding regulations will require reporting

of income from sources within a possession of the United States, including

Puerto Rico, on Form 1099 if that income

is paid to persons that are U.S. citizens,

even though that income may be exempt

from Federal income taxation under section 931 section 932, section 933, or section 935.

The IRS intends to revise the new withholding regulations so that income from

sources within a possession of the United

States that is exempt from taxation under

section 931, section 932, section 933, or

section 935 and that a payor reasonably

believes to be paid to a resident of a possession of the United States is not required to be reported on Form 1099. U.S.

payors will not be required to report such

income pursuant to the authority of this

notice until the regulations are amended.

D. Use of the Documentary Evidence

Rule in U.S. Possessions

Section 1.6049–5(c)(1), effective January 1, 2001, states that a payor may rely

on documentary evidence instead of a

beneficial owner withholding certificate

(i.e., a Form W-8) for a payment made to

an offshore account, or, in the case of broker proceeds, for the sales effected outside the United States. For this purpose,

the term offshore account means an account maintained at an office or branch of

a U.S. or foreign bank or other financial

institution at any location outside the

United States and outside of U.S. possessions. The IRS intends to amend section

1.6049–5(c)(1) so as to permit the use of

documentary evidence in lieu of a Form

W-8 in the U.S. possessions. U.S. payors

will be permitted to rely on documentary

evidence in lieu of a Form W-8 in a U.S.

possession pursuant to the authority of

this notice until the regulations are

amended.

E. Foreign Source Services Income

Under section 6041, a U.S. payor must

report payments of foreign source income

paid for services performed outside the

United States unless the U.S. payor has a

Form W-8 from the payee stating that the

payee is not a U.S. person. Under the presumption rules of §§1.6049–5(d)(2) and

1.14441–1(b)(3)(iii), a U.S. payor must

presume that the payee of income for services is a U.S. payee and subject to Form

January 8, 2001

1099 reporting, and potentially backup

withholding, if the payee is an individual.

U.S. payors, which include controlled foreign corporations, contend that the rule

contained in the regulations is overly burdensome in that it requires them to ask all

persons to whom they make payments for

services performed outside the United

States to represent that they are not U.S.

persons.

Until further notice, the IRS will not require a U.S. payor to report, under section

6041, income paid for services if (1) the

payee of the income is an individual, (2)

the U.S. payor does not know that the

payee is a U.S. citizen or resident, (3) the

payor does not know, and has no reason to

know, that the income is (or may be) effectively connected with the conduct of a

U.S. trade or business, and (4) all of the

services for which payment is made were

performed by the payee outside the

United States.

VI. Issuance of New Forms W-8.

The IRS has released new versions of

Forms W-8BEN, W-8ECI, W-8EXP, and

W-8IMY, all of which were revised in December 2000. Withholding agents have

asked for clarification regarding whether

the prior versions of those forms (Forms

W-8 as revised October 1998) may be relied upon now that new versions of those

forms have been released.

Withholding agents, including QIs,

may rely on the October 1998 versions of

Forms W-8BEN, W-8ECI, W-8EXP,

W-8IMY that they receive prior to January 1, 2002, for the normal validity period

applicable to those forms. Withholding

agents are advised, however, to use the

newer versions of the forms in all mailings they make after December 2000.

VII. Clarification Regarding Use of the

Term “Know Your Customer”

Treasury and the IRS have recently become aware that some confusion may

have arisen concerning the use of the term

“know your customer” in relation to the

QI agreement. Accordingly, Treasury

and the IRS wish to clarify the meaning of

“know your customer” in that context, to

avoid any misunderstanding by foreign financial institutions or officials in other

countries.

Use of the term “know your customer”

in the QI context should not be confused

January 8, 2001

with the use of that term in other contexts,

specifically including the use of the term

in the area of international standards relating to money laundering control. As used

in the QI context, the term “know your

customer” generally relates to the capacity of financial institutions to determine

whether their customers are U.S. persons

and, if their customers are non-U.S. persons claiming the benefits of an income

tax treaty, whether these customers are

residents of the applicable treaty country.

The term “know your customer” in the

context of international money laundering

control efforts, for example in recommendations of the Financial Action Task Force

(FATF), refer to a broad range of rules and

practices designed to ensure that financial

institutions properly identify their customers and understand enough about their

customers’ customary banking activities

to be able to comply with applicable suspicious activity reporting rules and other

obligations that may apply under antimoney laundering regimes. Although the

meaning of the term “know your customer” in the QI context is often closely

related to the meaning of the term in the

broader context of money laundering control, the concepts are nevertheless distinct

and should not be regarded as having the

same meaning or scope.

Contact Information

The principal author of this Notice is

Laurie Hatten-Boyd of the Office of the

Associate Chief Counsel (International),

Internal Revenue Service, 1111 Constitution Avenue, N.W., Washington, D.C.

20224. For further information regarding

this Notice contact Ms. Hatten-Boyd at

202-622-3840 (not a toll-free call).

26 CFR 601.204: Changes in accounting periods

and in methods of accounting.

(Also Part 1 , §§ 162, 263A, 446, 471, 481, 1001;

1.162–3, 1.263A–1, 1.446–1, 1.471–1, 1.481–1,

1.481–4, 1.1001–1.)

Rev. Proc. 2001–10

SECTION 1. PURPOSE

This revenue procedure modifies and

supersedes Rev. Proc. 2000–22, 2000–20

I.R.B. 1008, and provides that the Commissioner of Internal Revenue will exercise his discretion to except a qualifying

taxpayer with average annual gross re-

272

ceipts of $1,000,000 or less from the requirements to use an accrual method of

accounting under § 446 of the Internal

Revenue Code and to account for inventories under § 471. This revenue procedure

also provides the procedures by which a

qualifying taxpayer (as defined in section

3 of this revenue procedure) may obtain

automatic consent to change to the cash

receipts and disbursements method of accounting (the cash method) and to a

method of accounting for inventory as

materials and supplies that are not incidental under § 1.162–3 of the Income Tax

Regulations.

SECTION 2. BACKGROUND AND

CHANGES

.01 Section 446(a) provides that taxable

income must be computed under the

method of accounting on the basis of

which the taxpayer regularly computes income in keeping the taxpayer’s books.

.02 Section 446(c) generally allows a

taxpayer to select the method of accounting

it will use to compute its taxable income. A

taxpayer is entitled to adopt any one of the

permissible methods for each separate trade

or business, including the cash method and

an accrual method, subject to certain restrictions. For example, § 446(b) provides

that the selected method must clearly reflect income. In addition, § 1.446–

1(c)(2)(i) requires that a taxpayer use an accrual method of accounting with regard to

purchases and sales of merchandise whenever § 471 requires the taxpayer to account

for inventories, unless otherwise authorized

by the Commissioner under §1.446–

1(c)(2)(ii). Under § 1.446–1(c)(2)(ii), the

Commissioner has the authority to permit a

taxpayer to use a method of accounting that

clearly reflects income even though the

method is not specifically authorized by the

regulations.

.03 The cash method generally requires

an item to be included in income when actually or constructively received and permits a deduction for an expense when

paid. § 1.446–1(c)(1)(i).

.04 Section 471 provides that whenever, in the opinion of the Secretary, the

use of inventories is necessary to clearly

determine the income of the taxpayer, inventories must be taken by the taxpayer.

Section 1.471–1 requires a taxpayer to account for inventories when the production, purchase, or sale of merchandise is

2001–2 I.R.B.

an income-producing factor in the taxpayer’s business.

.05 Section 1.162–3 requires taxpayers

carrying materials and supplies (other

than incidental materials and supplies) on

hand to deduct the cost of materials and

supplies only in the amount that they are

actually consumed and used in operations

during the tax year.

.06 Section 263A generally requires

direct costs and an allocable portion of indirect costs of certain property produced

or acquired for resale by a taxpayer to be

included in inventory costs, in the case of

property that is inventory, or to be capitalized, in the case of other property. However, resellers with gross receipts of

$10,000,000 or less and producers with

$200,000 or less of indirect costs are not

required to capitalize costs under § 263A.

See §§ 263A(b)(2)(B) and 1.263A–

2(b)(3)(iv).

.07 Sections 446(e) and 1.446–1(e)

state that, except as otherwise provided, a

taxpayer must secure the consent of the

Commissioner before changing a method

of accounting for federal income tax purposes. Section 1.446–1(e)(3)(ii) authorizes the Commissioner to prescribe administrative procedures setting forth the

limitations, terms, and conditions deemed

necessary to permit a taxpayer to obtain

consent to change a method of accounting

in accordance with § 446(e).

.08 Section 481(a) requires those adjustments necessary to prevent amounts

from being duplicated or omitted to be

taken into account when the taxpayer’s

taxable income is computed under a

method of accounting different from the

method used to compute taxable income

for the preceding tax year.

.09 Rev. Proc. 2000–22 is modified in

the following respects:

(1) Section 3 is modified to make

clear that this revenue procedure does not

apply to taxpayers described in

§ 448(a)(3) (tax shelters).

(2) Section 4.02 is added to clarify

the proper time to take into account the

cost of inventoriable items (i.e., merchandise purchased for resale and raw materials purchased for use in producing finished goods) that are treated as materials

and supplies that are not incidental under

§ 1.162–3;

(3) The conformity requirement of

section 5.07 has been removed. Taxpay-

2001–2 I.R.B.

ers are reminded that they must comply

with the requirements under § 446(a) and

the regulations thereunder to maintain adequate books and records, which may include a reconciliation of any differences

between such books and records and their

return. See § 1.446–1(a)(4);

(4) Section 6.02(1) is modified to

provide that qualifying taxpayers using an

accrual method of accounting that are not

required under § 471 to account for inventories may use the automatic consent provisions of this revenue procedure to

change to the cash method;

(5) Section 6.02(2) is modified to

provide that qualifying taxpayers (including taxpayers not currently accounting for

inventories) may use the automatic consent provisions of this revenue procedure

to change to the method of accounting for

inventoriable items as materials and supplies that are not incidental under

§ 1.162–3;

(6) Section 6.03 is added to provide

guidance on the computation of the adjustment required under § 481(a) in connection with the automatic changes in

method of accounting under this revenue

procedure; and

(7) Section 8 is modified in accordance with the removal of the conformity

requirement of section 5.07.

SECTION 3. SCOPE

This revenue procedure applies to taxpayers (other than a taxpayer described in

§ 448(a)(3)) with “average annual gross

receipts” of $1,000,000 or less (as defined

in section 5.01 of this revenue procedure)

(“qualifying taxpayers”).

SECTION 4. SMALL TAXPAYER

EXCEPTION

.01 Pursuant to the discretion under

§§ 446(b) and 471, and to simplify bookkeeping requirements for small taxpayers,

the Commissioner, as a matter of administrative convenience, will except qualifying taxpayers from the requirements to

use an accrual method under § 446 and to

account for inventories under § 471. For

purposes of this revenue procedure,

notwithstanding § 1001 and the regulations thereunder, qualifying taxpayers that

use the cash method include amounts in

income attributable to open accounts receivable (i.e., receivables due in 120 days

or less) as amounts are actually or con-

273

structively received. However, § 1001

may be applicable to other transactions.

Qualifying taxpayers that do not want to

account for inventories must treat inventoriable items (i.e., merchandise purchased

for resale and raw materials purchased for

use in producing finished goods) in the

same manner as materials and supplies

that are not incidental under § 1.162–3.

Section 263A does not apply to inventoriable items that are treated as materials and

supplies that are not incidental.

.02 Under § 1.162–3, materials and

supplies that are not incidental are deductible only in the year in which they are

actually consumed and used in the taxpayer’s business. For purposes of this

revenue procedure, inventoriable items

that are treated as materials and supplies

that are not incidental are consumed and

used in the year in which the taxpayer

sells the merchandise or finished goods.

Thus, under the cash method, the cost of

such inventoriable items are deductible

only in that year, or in the year in which

the taxpayer actually pays for the inventoriable items, whichever is later. Producers may use any reasonable method of estimating the amount of raw materials in

their year-end work-in-process and finished goods inventory to determine the

amount of raw materials that were used to

produce finished goods that are sold during the tax year, provided that method is

used consistently.

.03 The Service and Treasury expect to

provide further guidance on when items

may be treated as incidental materials and

supplies (the cost of which may be deducted currently under § 1.162–3) and

when items are inventoriable items (the

cost of which, under this revenue procedure, may be deducted no earlier than the

year in which the items are consumed and

used).

SECTION 5. DEFINITIONS

.01 Average annual gross receipts defined. A taxpayer has average annual

gross receipts of $1,000,000 or less if, for

each prior tax year ending on or after December 17, 1998, the taxpayer’s average

annual gross receipts for the 3-tax-year

period ending with the applicable prior

tax year does not exceed $1,000,000.

.02 Gross receipts defined. Gross receipts is defined consistent with

§ 1.448–1T(f)(2)(iv) of the temporary

January 8, 2001

regulations. Thus, gross receipts for a tax

year equal all receipts derived from all of

the taxpayer’s trades or businesses that

must be recognized under the method of

accounting actually used by the taxpayer

for that tax year for federal income tax

purposes. For example, gross receipts include total sales (net of returns and allowances), all amounts received from services, interest, dividends, and rents.

However, gross receipts do not include

amounts received by the taxpayer with respect to sales tax or other similar state and

local taxes if, under the applicable state or

local law, the tax is legally imposed on the

purchaser of the good or service, and the

taxpayer merely collects and remits the

tax to the taxing authority.

.03 Aggregation of gross receipts. For

purposes of computing gross receipts, all

taxpayers treated as a single employer

under subsection (a) or (b) of § 52 or subsection (m) or (o) of § 414 (or that would

be treated as a single employer under

these sections if the taxpayers had employees) will be treated as a single taxpayer. However, when transactions occur

between taxpayers that are treated as a

single taxpayer by the previous sentence,

gross receipts arising from these transactions will not be treated as gross receipts

for purposes of the average annual gross

receipts limitation. See § 1.448–

1T(f)(2)(ii).

.04 Taxpayer not in existence for 3 tax

years. If a taxpayer has been in existence

for less than the 3-tax-year period referred

to in section 5.01 of this revenue procedure, the taxpayer must determine its average annual gross receipts for the number of years (including short tax years)

that the taxpayer has been in existence.

.05 Treatment of short tax years. In the

case of a short tax year, the taxpayer’s

gross receipts must be annualized by multiplying the gross receipts of the short tax

year by 12 and then dividing the product

by the number of months in the short tax

year. See § 1.448–1T(f)(2)(iii).

.06 Treatment of predecessors. Any

reference to taxpayer in this section 5 includes a reference to any predecessor of

such taxpayer.

.07 Example. Taxpayer A, a calendar

year taxpayer, manufactures and sells widgets. For federal income tax purposes, Taxpayer A uses an overall accrual method of

accounting. Further, Taxpayer A complies

January 8, 2001

with the requirements of § 1.471–1 to use

inventory accounts and § 263A to capitalize

direct and indirect costs.

Taxpayer A has gross receipts (as

defined in section 5.02 of this revenue

procedure) of $200,000 in 1996, $800,000

in 1997 and $1,100,000 in 1998.

To determine whether it qualifies for

the small taxpayer exception set forth in

section 4 of this revenue procedure beginning with the 1999 tax year, Taxpayer A

computes its average annual gross receipts

for each prior tax year ending on or after

December 17, 1998, that is, its 1998 tax

year. Taxpayer A’s average annual gross

receipts for 1998 is $700,000 ($200,000

(1996) + $800,000 (1997) + $1,100,000

(1998) = $2,100,000/3).

Taxpayer A’s average annual gross

receipts for each prior tax year ending

after December 17, 1998, does not exceed

$1,000,000. Therefore, Taxpayer A qualifies for the small taxpayer exception for

its 1999 tax year. By following the procedures set forth in section 6.02 of this revenue procedure, Taxpayer A may change

to the cash method and a method of treating inventoriable items in the same manner as materials and supplies that are not

incidental under § 1.162–3 for the tax year

ending December 31, 1999.

Taxpayer A must determine its applicability for the small taxpayer exception set

forth in section 4 of this revenue procedure each year. Thus, to qualify for the

exception for its 2000 tax year, Taxpayer

A’s average annual gross receipts for 1999

(i.e., the average of A’s gross receipts for

1999, 1998, and 1997) also must be

$1,000,000 or less. If, in any later year,

Taxpayer A ceases to qualify for the small

taxpayer exception set forth in section 4 of

this revenue procedure, it must change to

an inventory method and an accrual

method with respect to the production and

sale of widgets in accordance with section

6.04 of this revenue procedure.

SECTION 6. CHANGE IN

ACCOUNTING METHOD

.01 In general. Any change in a taxpayer’s method of accounting pursuant to

this revenue procedure is a change in

method of accounting to which the provisions of §§ 446 and 481 and the regulations thereunder apply.

.02 Automatic change for taxpayers within the scope of this revenue procedure.

274

(1) Automatic change to the cash

method. A qualifying taxpayer that

wants to change to the cash method must

follow the automatic change in accounting method provisions of Rev. Proc.

99–49, 1999–52 I.R.B. 725 (or its successor) with the following modifications:

(a) The scope limitations in section 4.02 of Rev. Proc. 99–49 do not

apply. However, if the taxpayer is under

examination, before an appeals office, or

before a federal court with respect to any

income tax issue, the taxpayer must provide a copy of the Form 3115, Application

for Change in Accounting Method, to the

examining agent(s), appeals officer, or

counsel for the government, as appropriate, at the same time that it files the copy

of the Form 3115 with the national office.

The Form 3115 must contain the name(s)

and telephone number(s) of the examining

agent(s), appeals officer, or counsel for

the government, as appropriate;

(b) A taxpayer making a change

under section 6.02 of this revenue procedure for its first tax year ending on or after

December 17, 1999, that, on or before

January 16, 2001, files or filed its original

federal income tax return for such year, is

not required to comply with the filing

requirement in section 6.02(2)(a) of Rev.

Proc. 99–49, provided the taxpayer complies with the following filing requirement. The taxpayer must complete and

file a Form 3115 in duplicate. The original must be attached to the taxpayer’s

amended federal income tax return for the

taxpayer’s first tax year ending on or after

December 17, 1999. This amended return

must be filed no later than June 15, 2001.

A copy of the Form 3115 must be filed

with the national office (see section

6.02(5) of Rev. Proc. 99–49 for the

address) no later than when the taxpayer’s

amended return is filed;

(c) For a change in method of

accounting within the scope of this revenue procedure, the provisions of Rev.

Proc. 99–49 are effective for tax years

ending on or after December 17, 1999;

and

(d) Taxpayers filing Form 3115 for

a change in method of accounting under

section 6.02 of this revenue procedure are

reminded to complete all applicable parts

of the form, including Part II, line 17

(regarding information on gross receipts

in previous years) and Part III (regarding

2001–2 I.R.B.

the § 481(a) adjustment). Such taxpayers

must also complete Part I of Schedule A

of Form 3115, but need not complete Part

II. Taxpayers should write “Filed under

Rev. Proc. 2001–10” at the top of the

form.

(2) Automatic change to § 1.162–3.

A qualifying taxpayer that does not want

to account for inventories must make any

necessary change from the taxpayer’s current method of accounting for inventoriable items (including, if applicable, from

the method of capitalizing costs under

§ 263A) to treat inventoriable items in the

same manner as materials and supplies

that are not incidental under § 1.162–3.

For purposes of such a change, the rules

of section 6.02(1) of this revenue procedure apply. Taxpayers may file a single

Form 3115 for both changes described in

sections 6.02(1) and (2).

.03 Section 481(a) adjustment. The net

amount of the § 481(a) adjustment computed under this revenue procedure must

take into account both increases and

decreases in the applicable account balances such as accounts receivable,

accounts payable, and inventory. For

example, a taxpayer that wants to treat

inventory as materials and supplies that

are not incidental under § 1.162–3 must

take into account the difference resulting

from this recharacterization in determining the § 481(a) adjustment.

.04 Taxpayers not within the scope of

this revenue procedure. A taxpayer that

ceases to qualify for the small taxpayer

exception described in section 4 of this

revenue procedure and otherwise is

required to use an accrual method (e.g., a

taxpayer otherwise required to account for

inventories) must change to an accrual

method and, if applicable, an inventory

method that complies with §§ 263A and

471 using either the automatic change in

accounting method provisions of section

5.01 of the APPENDIX to Rev. Proc.

99–49, if applicable, or the advance consent provisions of Rev. Proc. 97–27,

1997–1 C.B. 680 (or its successor).

SECTION 7. EFFECT ON OTHER

DOCUMENTS

Rev. Proc. 2000–22 is modified and, as

modified, is superseded. Rev. Proc.

99–49 is modified and amplified to

include this automatic change in section 5

of the APPENDIX.

2001–2 I.R.B.

SECTION 8. EFFECTIVE DATE

This revenue procedure is effective for

tax years ending on or after December 17,

1999. However, the Service will not challenge a taxpayer’s use of the cash method

under § 446 (or a taxpayer’s failure to

account for inventories under § 471) in an

earlier year if the taxpayer would satisfy

the 3-tax-year-period gross receipts test of

section 5.01 of this revenue procedure

(applied by testing the 3-tax-year period

ending prior to such earlier year).

DRAFTING INFORMATION

The principal author of this revenue

procedure is Cheryl Lynn Oseekey of the

Office of Associate Chief Counsel

(Income Tax and Accounting). For further

information regarding this revenue procedure, contact Ms. Oseekey at (202) 6224970 (not a toll-free call).

26 CFR 601.105: Examination of returns and

claims for refund, credit or abatement;

determination of correct tax liability.

(Also Part I, § 6662.)

Rev. Proc. 2001–11

SECTION 1. PURPOSE

.01 This revenue procedure updates Rev.

Proc. 99–41, 1999–2 C.B. 566, and identifies circumstances under which the disclosure on a taxpayer’s return of a position

with respect to an item is adequate for the

purpose of reducing the understatement of

income tax under § 6662(d) of the Internal

Revenue Code (relating to the substantial

understatement aspect of the accuracy-related penalty), and for the purpose of avoiding the preparer penalty under § 6694(a)

(relating to understatements due to unrealistic positions). This revenue procedure

does not apply with respect to any other

penalty provision (including the negligence

or disregard provisions of the § 6662 accuracy-related penalty).

.02 This revenue procedure applies to

any return filed on 2000 tax forms for a

taxable year beginning in 2000, and to

any return filed on 2000 tax forms in 2001

for short taxable years beginning in 2001.

SEC. 2. CHANGES FROM REV. PROC.

99–41

The following will no longer constitute

adequate disclosure for purposes of re-

275

ducing the understatement of income tax

under § 6662(d) and avoiding the preparer

penalty under § 6694(a): The completion

of Schedule M (Form 5471), Transactions

Between Controlled Foreign Corporation

and Shareholders or Other Related Persons, lines 19 and 20, and Form 5472,

Part IV, Monetary Transactions Between

Reporting Corporations and Foreign Related Party, lines 7 and 18. Additionally,

minor editorial changes have been made

in updating Rev. Proc. 99–41.

SEC. 3. BACKGROUND

.01 If § 6662 applies to any portion of

an underpayment of tax required to be

shown on a return, an amount equal to 20

percent of the portion of the underpayment to which the section applies is added

to the tax. (The penalty rate is 40 percent

in the case of certain gross valuation misstatements.) Under § 6662(b)(2), § 6662

applies to the portion of an underpayment

that is attributable to a substantial understatement of income tax.

.02 Section 6662(d)(1) provides that

there is a substantial understatement of income tax if the amount of the understatement exceeds the greater of 10 percent of

the amount of tax required to be shown on

the return for the taxable year or $5,000

($10,000 in the case of a corporation

other than an S corporation or a personal

holding company). Section 6662(d)(2)

defines an understatement as the excess of

the amount of tax required to be shown on

the return for the taxable year over the

amount of the tax that is shown on the return reduced by any rebate (within the

meaning of § 6211(b)(2)).

.03 In the case of an item not attributable to a tax shelter, § 6662(d)(2)(B)(ii)

provides that the amount of the understatement is reduced by the portion of the

understatement attributable to any item

with respect to which the relevant facts affecting the item’s tax treatment are adequately disclosed on the return or on a

statement attached to the return, and there

is a reasonable basis for the tax treatment

of such item by the taxpayer.

.04 In general, this revenue procedure

provides guidance in determining when

disclosure is adequate for purposes of

§ 6662(d). For purposes of this revenue

procedure, the taxpayer must furnish all

required information in accordance with

the applicable forms and instructions, and

January 8, 2001

the money amounts entered on these

forms must be verifiable. Guidance under

§ 6662(d) for returns filed for 1999, 1998,

and 1997 is provided in Rev. Proc.

99–41; Rev. Proc. 98–62, 1998–2 C.B.

816; and Rev. Proc. 97–56, 1997–2 C.B.

582, respectively.

SEC. 4. PROCEDURE

.01 Additional disclosure of facts relevant to, or positions taken with respect to,

issues involving any of the items set forth

below is unnecessary for purposes of reducing any understatement of income tax

under § 6662(d) provided that the forms

and attachments are completed in a clear

manner and in accordance with their instructions. The money amounts entered

on the forms must be verifiable, and the

information on the return must be disclosed in the manner described below.

For purposes of this revenue procedure, a

number is verifiable if, on audit, the taxpayer can demonstrate the origin of the

number (even if that number is not ultimately accepted by the Internal Revenue

Service) and the taxpayer can show good

faith in entering that number on the applicable form.

(1) Form 1040, Schedule A, Itemized

Deductions:

(a) Medical and Dental Expenses:

Complete lines 1 through 4, supplying all

required information.

(b) Taxes: Complete lines 5 through

9, supplying all required information.

Line 8 must list each type of tax and the

amount paid.

(c) Interest Expense: Complete

lines 10 through 14, supplying all required information. This section

4.01(1)(c) does not apply to (i) amounts

disallowed under § 163(d) unless Form

4952, Investment Interest Expense Deduction, is completed, or (ii) amounts disallowed under § 265.

(d) Contributions: Complete lines

15 through 18, supplying all required information. Merely entering the amount of

the donation on Schedule A, however, will

not constitute adequate disclosure if the

taxpayer receives a substantial benefit

from the donation shown. If a contribution of property other than cash is made

January 8, 2001

and the amount claimed as a deduction

exceeds $500, a properly completed Form

8283, Noncash Charitable Contributions,

must be attached to the return. This section 4.01(1)(d) will not apply to any contribution of $250 or more unless the contemporaneous written acknowledgment

requirement of § 170(f)(8) is satisfied.

(e) Casualty and Theft Losses:

Complete Form 4684, Casualties and

Thefts, and attach to the return. Each item

or article for which a casualty or theft loss

is claimed must be listed on Form 4684.

(2) Certain Trade or Business Expenses

(including, for purposes of this section

4.01(2), the following six expenses as

they relate to the rental of property):

(a) Casualty and Theft Losses: The

procedure outlined in section 4.01(1)(e)

above must be followed.

(b) Legal Expenses: The amount

claimed must be stated. This section

4.01(2)(b) does not apply, however, to

amounts properly characterized as capital

expenditures, personal expenses, or nondeductible lobbying or political expenditures,

including amounts that are required to be (or

that are) amortized over a period of years.

(c) Specific Bad Debt Charge-off:

The amount written off must be stated.

(d) Reasonableness of Officers’ Compensation: Form 1120, Schedule E, Compensation of Officers, must be completed

when required by its instructions. The time

devoted to business must be expressed as a

percentage as opposed to “part” or “as

needed.” This section 4.01(2)(d) does not

apply to “golden parachute” payments, as

defined under § 280G. This section

4.01(2)(d) will not apply to the extent that

remuneration paid or incurred exceeds the

$1 million-employee-remuneration limitation, if applicable.

(e) Repair Expenses: The amount

claimed must be stated. This section

4.01(2)(e) does not apply, however, to

any repair expenses properly characterized as capital expenditures or personal

expenses.

(f) Taxes (other than foreign taxes):

The amount claimed must be stated.

(3) Form 1120, Schedule M-1, Reconciliation of Income (Loss) per Books With

Income per Return, provided:

276

(a) The amount of the deviation

from the financial books and records is

not the result of a computation that includes the netting of items; and

(b) The information provided reasonably may be expected to apprise the

Internal Revenue Service of the nature of

the potential controversy concerning the

tax treatment of the item.

(4) Foreign Tax Items:

(a) International Boycott Transactions: Transactions disclosed on Form

5713, International Boycott Report.

(b) Treaty-Based Return Position:

Transactions and amounts under § 6114

or § 7701(b) as disclosed on Form 8833,

Treaty-Based Return Position Disclosure.

(5) Other:

(a) Moving Expenses: Complete

Form 3903, Moving Expenses, and attach

to the return.

(b) Employee Business Expenses:

Complete Form 2106, Employee Business

Expenses, or Form 2106-EZ, Unreimbursed Employee Business Expenses, and

attach to the return. This section

4.01(5)(b) does not apply to club dues, or

to travel expenses for any non-employee

accompanying the taxpayer on the trip.

(c) Fuels Credit: Complete Form

4136, Credit for Federal Tax Paid on

Fuels, and attach to the return.

(d) Investment Credit: Complete

Form 3468, Investment Credit, and attach

to the return.

SEC. 5. EFFECTIVE DATE

This revenue procedure applies to

any return filed on 2000 tax forms for a

taxable year beginning in 2000, and to

any return filed on 2000 tax forms in 2001

for short taxable years beginning in 2001.

SEC. 6. DRAFTING INFORMATION

The principal author of this revenue

procedure is Willie Armstrong, Jr. of the

Office of Associate Chief Counsel (Procedure & Administration), Administrative

Provisions & Judicial Practice Division.

For further information regarding this revenue procedure, contact Mr. Armstrong at

(202) 622-7920 (not a toll-free call).

2001–2 I.R.B.

Part IV. Items of General Interest

Voluntary Tip Agreements for

Employers of Tipped Employees

Announcement 2001–1

The Internal Revenue Service has finalized pro forma Tip Rate Determination

Agreements (TRDA) and Tip Reporting

Alternative Commitment (TRAC) agreements for use in its Tip Rate Determination/Education Program (TRD/EP). The

TRD/EP is designed to enhance tax compliance among tipped employees through

taxpayer education and voluntary advance

agreements instead of traditional audit

techniques.

The Service published five voluntary

agreements in proposed form on May 8,

2000 (see 2000–19 I.R.B.): (1) a revised

TRAC agreement for use in the cosmetology and barber industry (Announcement

2000–21, 2000–19 I.R.B. 983), (2) a revised TRAC agreement for use in the food

and beverage industry (Announcement

2000–22, 2000–19 I.R.B. 987), (3) a revised TRDA for use in the food and beverage industry (Announcement 2000–23,

2000–19 I.R.B. 992), (4) a new TRAC

agreement for use in industries other than

the food and beverage industry and the

cosmetology and barber industry in which

tipped employees receive both cash and

charged tips (Announcement 2000–19,

2000–19 I.R.B. 973), and (5) a new

TRDA for use in industries other than the

food and beverage industry and the gaming industry (Announcement 2000–20,

2000–19 I.R.B. 977).

Final versions of these agreements are

available on the IRS website at http://

www.irs.gov/bus_info/msu-info.html.

They can also be obtained from any IRS

office. The substance of the revised

agreements has not changed.

The Service received comments from

interested persons and has incorporated

most of the comments in the final ver-

2001–2 I.R.B.

sions. Two commentators expressed concern about the employer that has already

entered into an agreement and that may be

interested in replacing its existing agreement with the new updated agreement.

One commentator suggested that the updated provisions of the revised agreements automatically be extended to employers that have an existing agreement.

The Service wants to offer employers the

broadest choice of voluntary compliance

agreements and recognizes that some employers may choose to continue to be

bound by their existing agreements.

Another commentator suggested notifying employers who have existing agreements of the availability of the new updated agreement. These employers would

be advised that, if they choose to enter

into a new agreement, the old agreement

will automatically terminate. In response

to this comment, the Service has added a

new Termination of prior agreement section to the termination provisions of the

first three agreements listed above. The

new provision states:

Termination of prior agreements. Any

prior [TRAC agreement or TRDA] relating to an Establishment covered by

this Agreement shall terminate on the

day preceding the effective date of this

Agreement with respect to the Establishment.

Some commentators requested clarification of certain provisions. They wondered, for example, whether the Service

intends to terminate a TRAC agreement if

only one establishment fails to meet a requirement, or whether the Service will invoke the termination provision under the

administrative or judicial action provision

by instituting an examination of a tax return. These kinds of issues will be addressed in the IRS manual, Handbook

104.6.7.12.1, entitled TRDA/TRAC

Agreements. This section of the manual

is currently being revised to reflect these

277

new provisions and address these issues.

The appropriate manual provision will be

available on the IRS website at

http://www.irs.gov/bus_info/tax_pro/irmpart/part04.html. The Service expects to

make these provisions available soon.

Taxpayers interested in learning more

about these agreements should contact their

local tip coordinator. A list of tip coordinators is available at http://www.irs.gov/

bus_info/tip-coord.html.

DRAFTING INFORMATION

The principal author of this announcement is Karin Loverud of the Office of

Division Counsel/Associate Chief Counsel (Tax Exempt and Government Entities). For further information regarding

this announcement or any of the voluntary

agreements, contact Ida Volz of the Office

of Compliance Policy at (202) 622-5532.

Announcement 2001–2

New Revision of Publication

551, Basis of Assets

Publication 551, revised December

2000, will be available soon from the Internal Revenue Service. It replaces the

April 1999 revision.

This publication provides information

on how to figure your basis in property in

order to compute depreciation, amortization, depletion, and casualty loss deductions, as well as gain or loss on sales or

other dispositions of property.

You can get a copy of this publication

by calling 1-800-TAX-FORM (1-800829-3676). You can also write to the IRS

Forms Distribution Center nearest you.

Check your income tax package for the

address. The publication is also available

on the IRS Internet web site at

www.irs.gov.

January 8, 2001

Magnetic Media Specifications for Form 1042-S

Announcement 2001–3

Revenue Procedure 98–44, IR Bulletin 1998–32, dated August 10, 1998, Specifications for Filing Form 1042-S, Foreign Person’s

U.S. Source Income Subject to Withholding, Magnetically or Electronically, reprinted as Publication 1187 (Rev. 8–98), will be used

to prepare Forms 1042-S for Tax Year (TY) 2000 filed in Calendar Year (CY) 2001.

Please use the 2000 Instructions for paper Forms 1042-S and other appropriate publications listed in Part A, Sec. 1.04, in the

preparation of 2000 Forms 1042-S.

Please make note of the following changes to the Publication 1187 (Rev. 8–98). These changes need to be adhered to in order for

your Forms 1042-S to be filed correctly both magnetically/electronically with the Internal Revenue Service at the Martinsburg Computing Center.

1. The Tax Year reported in the Transmitter “T” Record, Recipient “Q” Record, and Withholding Agent “W” Record will be 2000,

unless filing for a prior tax year.

2. The addresses for the Martinsburg Computing Center have changed.

A. The new address for filing Form 1042-S magnetically/electronically to the Martinsburg Computing Center is:

If by Postal Service, truck, or air freight:

IRS-Martinsburg Computing Center

Information Reporting Program

230 Murall Drive

Kearneysville, WV 25430

B. All requests for an extension of time filed on Form 8809 or filed magnetically on tape, tape cartridge, or 3 1/2 inch diskette,

requests for undue hardship waivers filed on Form 8508, and requests for extension of time to furnish the statements to recipients

should be sent using the following address:

If by Postal Service, truck or air freight:

IRS-Martinsburg Computing Center

Information Reporting Program

Attn: Extension of Time Coordinator

240 Murall Drive

Kearneysville, WV 25430

NOTE: Due to security regulations at MCC, the Internal Revenue police officers will not accept media from Private Delivery Services

(PDSs) or couriers between the hours of 3:00 p.m. to 11:00 p.m. seven days a week, and 11:00 p.m. to 7:00 a.m., Saturday and Sunday.

3. The following types of media are no longer accepted by IRS/MCC:

1. 5 1/4-inch diskettes

2. 3 1/2-inch diskettes created on a non-MS-DOS system

3. 3 1/2-inch diskettes created on a System 36 or AS400

NOTE: Beginning in calendar year 2003 for Tax Year 2002, 9 track magnetic tape will no longer be an acceptable method for submitting Information Returns to IRS/MCC.

4. The acceptable sizes of Quarter Inch Cartridges (QIC) have changed. Part B, Section 4.08(b) delete Quarter Inch Cartridges

with a size of QIC-11, QIC-320, and QIC-1350.

5. Beginning in Calendar Year 2002 for Tax Year 2001, IRS/MCC will no longer return problem media in need of replacement. Filers will continue to receive a tracking form, listing and letter detailing the reason(s) their media could not be processed.

Filers will be expected to send in replacement media within the prescribed time frame. This makes it imperative that filers maintain

backup copies and/or recreate capabilities for their information return files.

6. Part C, Bisynchronous (Mainframe) Electronic Filing Specifications, and Part D, Asynchronous (IRP-BBS) Electronic Filing

Specifications, contained in Publication 1187 (Rev. 8–98) will no longer be used for electronic filing of Forms 1042-S. A revised

Part C, Electronic Filing Specifications, included below, must be used for submitting all electronic files to the Martinsburg Computing Center beginning November 1, 1999. The new telephone number for electronic filing is 304-262-2400.

Part C. Electronic Filing Specifications

Sec. 1 Background

01. All electronic filing of information returns are received at IRS/MCC via the FIRE (Filing Information Returns Electronically)

System. The FIRE System can be accessed via analog and ISDN BRI connections. The system is designed to support the electronic filing of information returns only. The telephone number for electronic filing is (1-304-262-2400). Publications and

January 8, 2001

278

2001–2 I.R.B.

forms are no longer available electronically from MCC. Users needing the publications and forms will need to download them

from the IRS’s Internet Web Site at www.irs.gov or order them by calling 1-800-TAX-FORM (1-800-829-3676).

Sec. 2. Advantages of Filing Electronically

Some of the advantages of filing electronically are as follows:

(1) Acknowledgment of files received.

(2) Results available within 20 workdays as to the acceptability of the data transmitted. (30 days for replacement transmissions).

(3) Better customer service due to on-line availability of transmitters files for research purposes.

Sec. 3. General

.01 Electronic filing of Forms 1042-S originals, corrections, and replacements of information returns is offered as an alternative to

magnetic media (tape, tape cartridge, or diskette) or paper filing, but is not a requirement. Transmitters filing electronically will fulfill the magnetic media requirements for those payers who are required to file magnetically. It may also be used by payers who are

under the filing threshold requirement, but would prefer to file their information returns this way. If the original file was sent magnetically, but was returned for replacement, the replacement may be transmitted electronically. Also, if the original file was submitted via magnetic media, any corrections may be transmitted electronically.

.02 The electronic filing of information returns is not affiliated with the Form 1040 electronic filing program. These two programs are totally independent, and filers must obtain separate approval to participate in each of them. All inquiries concerning the

electronic filing of information returns should be directed to IRS/MCC. IRS/MCC personnel cannot answer questions or assist taxpayers in the filing of Form 1040 tax returns. Filers with questions of this nature will be directed to the Customer Service toll-free

number (1-800-829-1040) for assistance.

.03 Files submitted to IRS/MCC electronically must be in standard ASCII code. No magnetic media or paper forms are to be

submitted with the same information as the electronically submitted file.

.04 If`a request for extension is approved, transmitters who file electronically will be granted an extension of time to file. Part

A, Sec. 11, explains procedures for requesting extensions of time. Filers are encouraged to file their data as soon as possible.

.05 The formats of the “T”, “Q”, “W”, and “Y” Records are the same for electronically filed records as they are for 3 1/2-inch

diskettes, tapes, and tape cartridges, and must be in standard ASCII code. For electronically filed documents, each transmission is

considered a separate file; therefore, each transmission must begin with a Transmitter “T” Record and end with an End of

Transmission (EOT) “Y” Record.

Sec. 4. Electronic Filing Approval Procedure

.01 Filers must obtain, or already have, a Transmitter Control Code (TCC) assigned prior to submitting their files electronically.

(Filers who currently have a TCC for magnetic media filing of Form 1042-S, beginning with “22”, do not have to request a second

TCC for electronic filing.) Refer to Part A, Sec. 7, for information on how to obtain a TCC.

.02 Once a TCC is obtained, electronic filers assign their own passwords and do not need prior or special approval.

.03 With all passwords, it is the user’s responsibility to remember the password and not allow the password to be compromised.

Passwords are user assigned at first logon and are up to 8 alpha/numerics, which are case sensitive. However, if filers do forget their

password, call 304-263-8700 for assistance.

Note: Passwords are case sensitive.

Sec. 5. Test Files

.01 Filers are not required to submit a test file; however, the submission of a test file is encouraged for all electronic filers because

of the new hardware and software. If filers wish to submit an electronic test file for Tax Year 2000 (returns to be filed in 2001), it

must be submitted to IRS/MCC no earlier than December 1, 2000, and no later than February 15, 2001.

.02 If a filer encounters problems while transmitting the electronic test files, contact IRS/MCC for assistance.

.03 Filers can verify the status of their transmitted test data by dialing the FIRE System phone number (1-304-262-2400). This

information will be available within 20 workdays (30 workdays for replacements) after their transmission is received by IRS/MCC.

Sec. 6. Electronic Submissions

.01 Electronically filed information may be submitted to IRS/MCC 24 hours a day, 7 days a week. Technical assistance will be

available Monday through Friday between 8:30 a.m. and 4:30 p.m. Eastern Time by calling 304-263-8700.

.02 The FIRE System will be down from December 29, 2000, through January 7, 2001. This will allow time for IRS/MCC

to update their system to reflect current year changes.

.03 Data compression is encouraged when submitting information returns electronically. WinZip and PKZip are acceptable compression packages. UNIX COMPRESS may be acceptable; however, a test file is recommended to verify compatibility. IRS/MCC

cannot accept self-extracting zip files or compressed files containing multiple files.

The time required to transmit information returns electronically will vary depending on the modem speed and the type of data

2001–2 I.R.B.

279

January 8, 2001

compression used, if any. The time required to transmit a file can be reduced by as much as 95 percent by using software

compression and hardware compression.

The following are actual transmission rates achieved in test uploads at MCC using compressed files. The actual transmission rates

will vary depending on the modem speeds.

Transmission Speed

In bps

1000 Records

10,000 Records

100,000 Records

19.2K

34 Sec.

6 Min.

60 Min.

56K

20 Sec.

3 1/2 Min.

33 Min.

128K (ISDN)

8 Sec.

1 Min.

10 Min.

.04 Files submitted electronically will be assigned a unique filename by the IRS system (the users may name files anything they choose

from their end). The IRS assigned filename will consist of, submission type [TEST, ORIG (original), CORR (correction), and REPL

(replacement)] the filer’s TCC and a four digit number sequence. The sequence number will be incremented for every file sent. For example, if it is your first original file for the calendar year and your TCC is 22000, the IRS assigned filename would be ORIG.22000.0001.

Record the filename. This information will be needed by MCC in order to identify the file, if assistance is required, and to complete Form

4804.

.05 If a file was submitted timely and is bad, the filer will have up to 45 days to transmit the first replacement, and 30 days thereafter, if additional replacements are necessary.

.06 Filers are advised not to resubmit an entire file if records were omitted from the original transmission. This will result

in duplicate filing. A new file should be sent consisting of the records that had not previously been submitted.

.07 The TCC (beginning with the numbers “22”) in the Transmitter “T” Record must be the TCC used to transmit the file; otherwise, the file will be considered in error.

Sec. 7. Transmittal Requirements

.01 The results of the electronic transmission will be available in the File Status area of the FIRE System within 20 workdays (30

workdays for replacements) after the signed Form 4804 is received. The Form 4804 must be postmarked by the due date of the

return. No return is considered filed until a Form 4804 is received by IRS/MCC. The Form 4804 may be faxed to 304-264-5602.

.02 Form 4804 can be ordered by calling the IRS toll-free forms and publication order number 1-800-TAX-FORM (1-800-8293676), or it may be computer-generated. It may also be obtained from the IRS’s Internet Web Site at www.irs.gov. If a filer chooses to computer-generate Form 4804, all of the information contained on the original form, including the affidavit, must also be contained on the computer-generated form.

.03 The TCC used in the Transmitter “T” Record (beginning with numbers “22”) is the TCC which must appear on the transmittal Form 4804.

.04 Forms 4804 may be mailed to the following address:

If by Postal Service, air or truck freight:

IRS-Martinsburg Computing Center

Information Reporting Program

Attn: Special Projects Coordinator

230 Murall Drive

Kearneysville, WV 25430

Please indicate on the envelope the following message:

CONTAINS FORM 4804 INFORMATION - NO MAGNETIC MEDIA

Sec. 8. Electronic Filing Specifications

.01 The FIRE System is designed exclusively for the filing of Forms 1042-S, 1099, 1098, 5498, 8027, W2-G and W-4.

.02 A transmitter must have a TCC before a file can be transmitted. If you have a TCC for magnetic media filing which begins

with the numbers “22’, that TCC can also be used for electronic filing .

.03 Filers can determine the acceptability of files submitted by checking the file status area of the system. These reports will be

available on the electronic system within 20 workdays (30 workdays for replacements) after the Form 4804 is received by IRS/MCC.

January 8, 2001

280

2001–2 I.R.B.

.04 Contact the FIRE System by dialing 304-262-2400. This number supports analog connections from 1200bps to 56Kbps or

ISDN BRI 128Kbps connections. The system can be accessed via Dial-up network/web browser or communications software. The

Dial-up network/web browser provides an Internet-like look without going through the Internet (point to point). If you do not have

this capability, a text interface is provided that can be accessed via typical communications software such as Hyperterminal,

Procomm, PCAnywhere, etc.

Sec. 9. Dial-up Network/Browser Specifications (Web Interface)

.01 The following are some general instructions (many of these settings may already be set by default in your software:

Dial-up network settings:

(a) Set dial-up server type to PPP

(b) Set network protocol to TCP/IP

Browser settings:

(a) Set to receive ‘cookies’

(b) Enable JavaScript or Jscript

(c) Browser must be capable of file uploads (i.e., Internet Explorer 4.0, Netscape 2.0 or higher)

(d) Enter the URL address of http://10.225.224.2 (Remember, this is a point-to-point connection, not the Internet.)

.02 Due to the large number of communication products available, it is impossible to provide specific information on all software/hardware configurations. However, since most of our filers use Windows 95, 98, or NT software, the following instructions are

geared toward those products:

UPLOADING FILES WITH DIAL-UP NETWORKING/WEB BROWSER IN WINDOWS 95/98

Tips

(1) This is a point-to-point connection – not the Internet.

(2) Your browser must be capable of file uploads, i.e., Internet Explorer 4.0 or Netscape Navigator 2.0 or higher.

(3) If you currently access the Internet via a LAN or a PROXY server, you will need to disable those options in your browser and enable ‘Connect to the Internet using a modem’.

Select

Programs

Accessories

Communications (Windows 98)

Dial-Up Networking

First time connecting with Dial-Up Network (If you have logged on previously, skip to Subsequent Dial-up Network

Connections.)

The first time you dial-in, you will need to configure your Dial-Up Networking.

Select ‘Make new connection’.

Type a descriptive name for the system you are calling.

Select your modem.

Click ‘Next’.

Enter area code 304 and telephone number 262-2400.

Click ‘Next’.

When you receive a message that you have successfully created a new Dial-Up Networking connection, click ‘Finish’.

Click ‘Connect’ to dial. If you are prompted for a user name and password,

complete according to local procedures; otherwise, click ‘OK’.

When you receive the message that you have connected to our system, click on your Web Browser (remember, you are not

connecting via the Internet – this is a point-to-point connection).

In the URL Address enter http://10.225.224.2 and press ENTER.

Subsequent Dial-Up Network connections

Click ‘Connect’.

If prompted for user name and password, complete according to local procedures; otherwise, click ‘OK’.

2001–2 I.R.B.

281

January 8, 2001

When you receive ‘Connection Complete’, click ‘OK’.

Click on your Web Browser (remember, you are not connecting via the Internet).

In the URL Address enter http://10.225.224.2 and press ENTER.

First time connection to The FIRE System (If you have logged on previously, skip to Subsequent Connections to the FIRE

System.)

Click ‘Create New Account’.

Fill out the registration form and click ‘Create’.

Enter your logon name (most users logon with their first and last name).

Enter your password (the password is user assigned and is case sensitive).

Click ‘Create’.

If you receive the message ‘account created’, click ‘OK’.

Click ‘Start the Fire Application’

Subsequent connections to The FIRE System

Click ‘Log On’.

Enter your logon name (most users logon with their first and last name).

Enter your password (the password is user assigned and is case sensitive).

At Menu Options:

Click ‘Information Returns’

Enter your TCC:

Enter your EIN:

Click ‘Submit’.

The system will then display the company name, address, city, state, ZIP code and phone number. This information will be

used to contact or send any correspondence regarding this transmission. Update as appropriate and/or click ‘Accept’.

Click one of the following:

Original File

Correction File

Test File

Replacement File (if you select this option, select one of the following):

FIRE Replacement (file was originally transmitted on this system)

Click file to be replaced

Magnetic Media Replacement File

Enter the alpha character from Form 9267, Media Tracking Slip, that was returned with your magnetic media shipment.

Click ‘Submit’.

Enter the drive/path/filename of the file you want to upload or click ‘Browse’ to locate the file.

Click ‘Upload’.

When the upload is complete, the screen will display the total bytes received and the file

name to be recorded on your Form 4804, Box 7b.

If you have more files to upload for that TCC:

Click ‘File Another’; otherwise,

Click ‘Back to Main Menu’.

It is your responsibility to check the acceptability of your file; therefore, be sure to dial back into the system in 20 business

days.

At the Main Menu:

Click ‘File Stats’.

Enter your TCC:

Enter your EIN:

Click ‘Search’.

January 8, 2001

282

2001–2 I.R.B.

If ‘Results’ indicate:

‘File Good’ and you agree with the ‘Count of Payees’ and have mailed your Form 4804, you are finished with this file. (Form

4804 is not needed on a replacement file unless the number of payees has changed from the original/correction file.)

‘File Bad’ - Correct the errors and resubmit the file as a ‘replacement’.

‘Not Yet Processed’ - File has been received, but we do not have results available yet. Please check back in a few days.

Click on the desired file for a detailed report of your transmission.

When finished viewing your files, click on ‘Main Menu’.

Click ‘Log Off’.

Close your Web Browser.

IMPORTANT

Go back into your Dial-Up Network and click ‘hang-up’; otherwise, you may stay connected and incur unnecessary phone

charges.

Sec. 10. Communication Software Specifications (Text Interface)

.01 Communications software settings must be:

- No parity

- Eight data bits

- One stop bit

.02 Terminal Emulation must be VT100.

.03 Due to the large number of communication products available, it is impossible to provide specific information on all software/hardware configurations. However, since most of our filers use Windows 95, 98 or NT software, the following instructions are geared toward those products (Procomm, PCAnywhere and many other communications packages are also acceptable and the product does not necessarily need to be Windows based.):

UPLOADING FILES USING HYPERTERMINAL IN WINDOWS 95, 98 OR NT

Select

Programs

Accessories

Communications (Windows 98)

Hyperterminal

The first time you log on, select Hyperterminal, Hyperterm or Hyperterm.exe, whichever is available on your system.

Thereafter, you can just select the icon that you have saved.

A box will appear titled ‘Connection Description’.

Enter a name and choose an icon for the connection:

Country Code: United States of America

Area Code: 304

Phone Number: 262-2400

Connect Using: (default)

(If you need to modify the phone number, select File, then Properties to enter defaults for the area code,

phone numbers and/or special access codes.)

Click on Dial.

A ‘Connect’ box will appear to show the status.

Once you have connected to The FIRE System, if you do not get a menu within a few seconds, press the ENTER key

one time.

First Time Logon

When you have connected to the system, enter ‘new’ to create your logon name and password.

Complete the registration information and enter ‘y’ to create account.

Logon Name and Password

Logon Name: Enter a logon name. Most users enter their first and last name as the logon name.

Password: Enter a password of your choosing (1-8 alpha/numerics - case sensitive).

After entering the password, you will go to the Main Menu.

2001–2 I.R.B.

283

January 8, 2001

Transferring Your Electronic File

Enter ‘A’ for Electronic Filing.

After reading Information Notice, press ENTER.

Enter ‘A’ for Forms 1098, 1099, 5498, W-2G, 1042-S, 8027 and Questionable Forms W-4.

Press the Tab key to advance to TCC box; otherwise, enter ‘E’ to exit.

Enter your TCC:

Enter your EIN:

The system will then display the company name, address, city, state, ZIP code, and phone number. This information

will be used to contact or send correspondence (if necessary) regarding this transmission. If you need to update, enter

‘n’ to change information; otherwise, enter ‘y’ to accept.

Select one of the following:

‘A’ for an Original file

‘B’ for a Replacement file

‘C’ for a Correction file

‘D’ for a Test file

If you selected ‘B’ for a replacement file, select one of the following:

‘A’ Replacement Files For This System

This option is to replace an original/correction file that was submitted electronically on this system but was

bad and needs to be replaced. Select the file needing replaced.

‘B’ Magnetic media replacement files

Enter the alpha character from Form 9267, Media Tracking Slip, that was returned with your magnetic

media shipment.

Choose one of the following protocols (Hyperterminal is normally set to Zmodem by default):

X - Xmodem

Y - Ymodem

Z - Zmodem (Zmodem will normally give you the fastest transfer rate.)

At this point, you must start the upload from your PC.

To send a file:

Go to the hyperterminal menu bar.

Click on Transfer.

Click on Send file.

A box will appear titled ‘Send File’.

Enter the drive/path/filename or click on Browse to locate your file.

Click on Send.

When the upload is complete, the screen will display the total bytes received and the file name to be

recorded on your Form 4804, Box 7b.

Press ENTER to continue.

If you have more files to send for the same TCC/EIN, enter ‘y’; otherwise, enter ‘n’.

It is your responsibility to check the acceptability of your file; therefore, be sure to dial back into the system in 20 workdays.

At the Main Menu:

Enter ‘B’ for file status.

Press the Tab key to advance to TCC box; otherwise, enter ‘E’ to exit.

Enter your TCC:

Enter your EIN:

Tab to the file you want to look at and press ENTER.

If ‘Results’ indicate:

‘File Good’ and you agree with the ‘Count of Payees’ and have mailed your Form 4804, you are finished with this file. (Form

4804 is not needed on a replacement file unless the number of payees changes from the original/correction file.)

January 8, 2001

284

2001–2 I.R.B.

‘File Bad’ - Correct the errors and resubmit the file as a repl

This text is long and has been trimmed here. Open the source document for the complete record.

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

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.