Small Business Taxes & Management

Small Business Taxes & Management IRS Pronouncements--2013

Note. The list below contains a synopses of selected revenue rulings, revenue procedures, notices, announcements and regulations beginning with those issued January 1, 2013. The list is limited to those items we believe to be of interest to small to mid-sized businesses, their advisors, CPAs, enrolled agents, etc. Rulings, etc. dealing with banks, insurance companies, exotic transactions, etc. are generally excluded. For a similar listing for prior years, go to:

IRS Pronouncements--2012
IRS Pronouncements--2011
IRS Pronouncements--2010
IRS Pronouncements--2009
IRS Pronouncements--2008
IRS Pronouncements--2007
IRS Pronouncements--2006
IRS Pronouncements--2005
IRS Pronouncements--2004
IRS Pronouncements--2003
IRS Pronouncements--2002
IRS Pronouncements--2001
IRS Pronouncements--2000

We've included the IRB (Internal Revenue Bulletin) reference so you can find the full text on the IRS web site. We've tried to make the list as searchable as possible while keeping the descriptions short. Use the "find-in-page" or "find" feature of your browser (CTRL-F) to search this list. Be sure to try variations of keywords such as "activities" as well as "activity"; "depreciation" as well as "depreciate". You can download any Bulletin at the IRS website. The Applicable Federal Rate and interest rates on over- and underpayments are updated on our IRS Interest Rates page or, for more details go to the IRS AFR page

Notes.

The list below includes pronouncements for the first 25 bulletins of 2013.
Entries for each section are in the order they appear in the bulletins.
Go to our Abbreviations page for details on any abbreviations.
Quick link to Individual Bulletins for 2013
If you know the number, you can access a PDF file of any recent Revenue Ruling, Revenue Procedure, or Notice at the IRS Web site directly. Simply paste the appropriate link below into your browser and enter the desired ruling, procedure, or notice number instead of the xx.

For Revenue Rulings-- www.irs.gov/pub/irs-drop/rr-13-xx.pdf
For Revenue Procedures-- www.irs.gov/pub/irs-drop/rp-13-xx.pdf
For Notices-- www.irs.gov/pub/irs-drop/n-13-xx.pdf

The xx must be at least two digits. Thus, Revenue Ruling 5 for 2013 would be: www.irs.gov/pub/irs-drop/RR-13-05.pdf For prior years, change the 13 to the appropriate year (available years vary).

New Additions - Bulletin 25

For the full text of these rulings, go to Internal Revenue Bulletin 2013-25.

Cumulative Listings - 2013

Revenue Rulings

Rev. Rul. 2012-8 (IRB 2012-15) Sec. 1.61-21(g); fringe benefits aircraft valuation formula; SIFL cents-per-mile rate; employer-provided aircraft; first half of 2013.
Rev. Rul. 2013-6 (IRB 2013-13) Interest rates; underpayments and overpayments; quarter beginning April 1, 2013; 3 percent on noncorporate.
Rev. Rul. 2013-2 (IRB 2013-10) 2013 covered compensation tables; permitted disparity;Sec. 401; defined benefit plans.
Rev. Rul. 2013-5 (IRB 2013-09) Eurex Deutschland; regulated exchange of Germany; qualified board of exchange; Sec. 1256(g)(7)(C).

Revenue Procedures

Rev. Proc. 2013-24 (IRB 2013-22) Trade or business of selling steam or electricity; definitions of units of property and major components.
Rev. Proc. 2013-25 (IRB 2013-21) Sec. 223; inflation adjustments for Health Savings Accounts; HSAs.
Rev. Proc. 2013-22 (IRB 2013-18) Sec. 403; procedures for issuing opinion and advisory letters for preapproved plans; prototype and volume submitter; Rev. Procs. 2013-4 and 2013-8 modified.
Rev. Proc. 2013-23 (IRB 2013-17) Sec. 911; foreign earned income exclusion; individuals who fail to meet eligibility requirements because of adverse conditions; list of countries for 2012; waiver.
Rev. Proc. 2013-20 (IRB 2013-14) Procedures for automatic consent to change accounting method; Sec. 446; 263A; plants with a preproductive period of more than two years; blackberry, raspberry, papaya; Rev. Proc. 2011-14 modified.
Rev. Proc. 2013-21 (IRB 2013-12) Autos; vehicles; light trucks; vans; depreciation deduction limitations; lease inclusion amount; 2013.
Rev. Proc. 2013-19 (IRB 2013-11) Extension of deadline to comply with mandatory language requirements; consent to disclose or to use tax return information; Rev. Proc. 2013-14 modified.
Rev. Proc. 2013-17 (IRB 2013-11) General rules and specifications for substitute forms and schedules; Rev. Proc. 2011-61 superseded.
Rev. Proc. 2013-16 (IRB 2013-7) Guidance to mortgage loan holders, loan servicers, borrowers participating in Home Affordable MOdification Program; HAMP.
Rev. Proc. 2013-13 (IRB 2013-6) Home office; business use of home; Sec. 280A; safe harbor method of deducting expenses.
Rev. Proc. 2013-15 (IRB 2013-5) Cost-of-living adjustments for certain items for 2013; inflation adjustments; certain items affected by American Taxpayer Relief Act; ATRA; modifies and supersedes Rev. Proc. 2011-52; 2011-45.
Rev. Proc. 2013-12 (IRB 2013-4) Sec. Correction programs for sponsors of retirement plans; Secs. 401(a), 403(a), 403(b), 408(k), 408(p); Employee Plans Compliance Resolution System; Rev. Proc. 2008-50 modified and amplified.
Rev. Proc. 2013-14 (IRB 2013-3) Sec. 7216; guidance to tax return preparers; format and content of taxpayer consents to disclose and consent to use tax information; Rev. Proc. 2008-35 modified and superseded.
Rev. Proc. 2013-11 (IRB 2013-2) Sec. 6011; exceptions to the loss transaction filter; reportable transactions; Rev. Proc. 2004-66 modified and superseded.
Rev. Proc. 2013-10 (IRB 2013-2) Determination letters and ruling; Sec. 509; 4942; 4940; 501(c)3); private foundations; operating foundations; Sec. 509; nonexempt charitable trusts; Sec. 4947; Rev. Proc. 2012-10 superseded.
Rev. Proc. 2013-9 (IRB 2013-2) Determination letters and rulings; procedures for issuing determination letters and rulings on the exempt status of organizations; Sec. 501 and 521; revocation and modification of determination letters; Rev. Proc. 2012-9 superseded.
Rev. Proc. 2013-8 (IRB 2013-1) User fees for employee plans and exempt organizations; guidance for complying with the user fee program; letter rulings; determination letters; Tax Exempt and Government Entities Division; Rev. Proc. 2012-8 superseded.
Rev. Proc. 2013-7 (IRB 2013-1) Areas in which rulings will not be issued; Associated Chief Counsel (International); letter rulings; determination letters; Rev. Proc. 2012-7 superseded.
Rev. Proc. 2013-6 (IRB 2013-1) Employee plans determination letters; qualified status of plans under Sections 401(a), 403(a), 409, and 4975; Rev. Proc. 2012-6 superseded.
Rev. Proc. 2013-5 (IRB 2013-1) Technical advice; furnishing technical advice to area managers and appeals offices; Tax Exempt and Government Entities; employee plans; actuarial matters; Rev. Proc. 2012-5 superseded.
Rev. Proc. 2013-4 (IRB 2013-1) Rulings and information letters; issuance procedures; letter rulings; matters related to sections of the Code currently under the jurisdiction of the Office of the Division Commissioner, Tax Exempt and Government Entities; Rev. Proc. 2012-4 superseded.
Rev. Proc. 2013-3 (IRB 2013-1) Areas in which rulings will not be issued (domestic areas); Financial Institutions and Products; Income Tax and Accounting; Passthroughs and Special Industries; Procedure and Administration; Rev. Proc. 2012-3 superseded.
Rev. Proc. 2013-2 (IRB 2013-1) Technical advice; when and how IRS will issue technical advice memoranda to a director or Appeals Area Director; rights of a taxpayer when a field office requests a TAM regarding a tax matter; Rev. Proc. 2012-2 superseded.
Rev. Proc. 2013-1 (IRB 2013-1) Letter rulings; information letters; issued by the Associate Chief Counsel; corporate; financial institutions and products; income tax and accounting; passthroughs and special industries; procedure and administration; tax exempt and government; passthrough; Small Business/Self-Employed Division; Wage and Investment Division; Rev. Proc. 2012-1 superseded.

Regulations

T.D. 9619 (IRB 2013-24) 336; election to treat sale, exchange, or distribution of at least 80 percent of stock of a domestic subsidiary as a sale of the corporation's assets rather than a stock sale.
T.D. 9618 (IRB 2013-23) Disclosure of return information; extension of period for submission of taxpayer authorizations; Notice 2010-8 obsolete.
T.D. 9617 (IRB 2013-23) EIN; employer identification number; requirement to provide updated information to IRS.
T.D. 9616 (IRB 2013-20) Sec. 6045; 6045A; 6045B; 6049; (REG-154563-12) reporting of basis on sale of debt instrument or an option by brokers; reporting of OID income on debt instrument.
T.D. 9615 (IRB 2013-19) Sec. 361; exceptions to coordination rule governing overlap of asset transfer and indirect stock transfer rules.
T.D. 9614 (IRB 2013-17) Sec. 367; exception to general rule; gain to be recognized on transfers otherwise not taxable under Sec. 361; Sec. 1248; transfer of stock to certain foreign corporations in transfers that would be tax free under Secs. 337, 355 or 361; Notice 87-64 obsoleted.
T.D. 9613 (IRB 2013-15) Sec. 6654; reduced estimated income tax payments for qualified individuals; small business income; taxable year beginning in 2009 (no other years).
T.D. 9610 (IRB 2013-15) Sec. 1471-1474; FACTA; withholding; foreign financial institutions; nonfinancial foreign entity; HIRE Act; Notices 2010-60, 2011-34 and 2011-53 obsoleted; Announcement 2012-42 obsoleted.
T.D. 9612 (IRB 2013-13) Sec. 704; 721; 761; noncompensatory options and convertible instruments issued by a partnership; nonrecognition of immediate income or loss by either partnership or option holder.
T.D. 9611 (IRB 2013-13) Sec. 36B; health coverage under employer-sponsored plan is affordable; related party to employer.
T.D. 9609 (IRB 2013-12) Sec. 1275; REG-140437-12; Treasury Inflation-Protection Securities; TIPS; coupon bond method for bonds issued with more than a de minimis amount of premium; bond premium carryforward.
T.D. 9606 (IRB 2013-11) Sec. 304; sales of stock between related corporations; finalize proposed regulations; certain sales of stock that are recharacterized as contributions and redemptions; persons treated as receiving distributions in redemptions of stock as a result of such transactions.

T.D. 9605 (IRB 2013-11) Sec. 509; REG-155929-06; tax exempt entities; supporting organizations operated in connection with their supported organizations; Type III.
T.D. 9601 (IRB 2013-10) Sec. 411; anti-cutback rules; eliminating or reducing benefits under qualified retirement plans; additional limited exception; debtor in bankruptcy.
T.D. 9607 (IRB 2013-06) Sec. 704; partnerships; substantiality de minimis rule made inapplicable.
T.D. 9608 (IRB 2013-03) Sec. 7216; rules relating to the disclosure or use of tax return information by tax preparers.
T.D. 9603 (IRB 2013-03) Sec. 181; deduction for costs of producing qualified film and television productions.

Proposed Regulations

REG-126633-12 (IRB 2013-24) Sec. 833; medical loss ratio; certain health care organizations.
REG-125398-12 (IRB 2013-23) Sec. 36B; health insurance premium tax credit; determination whether eligible employer-sponsored plan provides minimum value.
REG-106796-12 (IRB 2013-22) Sec. 162; deduction limit for remuneration for services; certain health insurance providers.
REG-160873-04 (IRB 2013-20) Sec. 6708; penalty for failing to make available lists of advisees with respect to reportable transactions.
REG-122706-12 (IRB 2013-19) Amendments to regulations; Affordable Care Act; 90-day waiting period limitation; preexisting condition limitations; portability provisions added by HIPAA.
REG-132702-10 (IRB 2013-19) Sec. 361; exceptions to coordination rule governing overlap of asset transfer and indirect stock transfer rules.
REG-120391-10 (IRB 2013-18) Rules governing coverage for certain preventive services without cost sharing under the Patient Protection and Affordable Care Act; health plans maintained by certain religious employers; contraceptive services; student health insurance coverage.
REG-148500-12 (IRB 2013-13) Sec. 500A; shared responsibility payment for not maintaining minimum essential coverage.
REG-106918-08 (IRB 2013-13) Sec. 761; 1234; noncompensatory stock options and convertible instruments issued by a partnership; transfers of interests in issuing partnerships and other look-through entities; character of grantor's gain or loss.
REG-140649-11 (IRB 2013-12) Sec. 367; consequences of failing to file gain recognition agreements; GRAs; other reporting obligations associated with transfers of stock and other property to foreign corporations.
REG-102966-10 (IRB 2013-10) Sec. 3504; employment tax obligations of third party (payor) where third party enters into a service agreement with an employer to pay wages to employees of employer; exception to general rule.
REG-148873-09 (IRB 2013-07) Sec. 6109; truncated taxpayer identification number; TTIN; Notice 2011-38 obsoleted.
REG-122707-12 (IRB 2013-05) Sec. 9815; nondiscriminatory wellness programs for group health coverage; Affordable Care Act.
REG-141066-09 (IRB 2013-03) Sec. 7623; guidance for awards under whistleblower program.

Notices

Notice 2013-40 (IRB 2013-25) Sec. 42; suspension of certain requirements for low-income housing credit projects; emergency housing relief; severe storms and tornadoes in Oklahoma.
Notice 2013-39 (IRB 2013-25) Sec. 142; issuers of tax-exempt bonds; approval of housing; individuals displaced due to effects of severe storms in Oklahoma; residential rental projects.
Notice 2013-38 (IRB 2013-25) Empowerment zone; simplified procedure for state or local government to amend nomination for new termination date.
Notice 2013-36 (IRB 2013-24) Update to appendix in Notice 2013-1; Indian tribes that have settled tribal trust cases against the U.S.; modifying and superseding Notice 2013-16.
Notice 2013-33 (IRB 2013-22) Sec. Credit for Renewable Electricity Production, Refined Coal Production, and Indian Coal Production; inflation factors; reference prices; 2013; Sec. 45.
Notice 2013-31 (IRB 2013-21) Sec. 911; inflation adjustment to limitations on foreign housing exclusion; Notices 2006-87, 2007-25, 2007-77, 2008-107, 2010-27, 2011-8, and 2012-19 superseded.
Notice 2013-30 (IRB 2013-21) Boston Marathon explosion; 3-month extension of time to file and pay; Sec. 6081 and 6161.
Notice 2013-29 (IRB 2013-20) Sec. 45; qualified facility; renewable electricity production tax credit; PTC; energy investment tax credit; contruction begun before January 1, 2014; safe harbor for beginning of construction.
Notice 2013-17 (IRB 2013-20) Sec. 411; anti-cutback requirements for plan amendments that eliminate a distribution option; diversification requirements; amendment of ESOP; employee stock ownership plan; in-service distribution options.
Notice 2013-27 (IRB 2013-18) Sec. 61; Reg. Sec. 1.61-21(d); maximum vehicle values for use with special valuation rules; cents-per-mile valuation; inflation adjustment.
Notice 2013-26 (IRB 2013-18) Fuel tax credits retroactively extended by American Taxpayer Relief Act; Atra; due date for filing certain claims for payments; biodiesel and alternative fuel.
Notice 2013-25 (IRB 2013-17) Sec. 45K; 2012 nonconventional source fuel credit; inflation adjustment factor.
Notice 2013-24 (IRB 2013-16) Sec. 6651; late-payment additions to tax; delayed publications of some IRS forms; transitional relief; 2012 tax year.
Notice 2013-21 (IRB 2013-15) Sec. 165(i); deadline to make electioin to deduct in the preceding taxable year; losses attributable to Hurricane Sandy; losses sustained in Connecticut, Delaware, D.C., Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Virginia, and West Virginia.
Notice 2013-20 (IRB 2013-15) Sec. 41; allocation of credit for increasing research activities entities under common control; ATRA; taxable years beginning after December 31, 2011.
Notice 2013-18 (IRB 2013-14) Farmers; preproductive period of plants in excess of two years; raspberry, blackberry, papaya removed from list; Sec. 446; 263A; Notice 2000-45 modified and superseded.
Notice 2013-14 (IRB 2013-13) Sec. 51; Work Opportunity Tax Credit; transitional rule 28-day deadline for Form 8850.
Notice 2013-13 (IRB 2013-12) Sec. 167; 1031; comments invited; whether equipment simultaneously held by a dealer for sale or use; dual-use property; inventoriable property or depreciable property; eligible for like-kind exchange.
Notice 2013-11 (IRB 2013-11) Single employer defined benefit plans; minimum contribution requirements; 25-year average; 24-month average segment rates.
Notice 2013-9 (IRB 2013-09) Relief from certain requirements; Sec. 142(d); issuers of tax-exempt bonds; housing of individuals displaced by Hurricane Sandy in residential rental projects.
Notice 2013-5 (IRB 2013-09) Waivers of additions to tax; underpayment of estimated tax for certain farmers and fishermen; Sec. 6654(a); delayed start for filing 2012 returns.
Notice 2013-10 (IRB 2013-08) Sec. 6038D; guidance to certain domestic entities concerning first taxable year they must report specified foreign financial assets.
Notice 2013-8 (IRB 2013-07) Transit benefits in excess of $125 per month; 2012 wages; procedure for corrections to fourth quarter Form 941.
Notice 2013-7 (IRB 2013-06) Tax consequences of payments made to or on behalf of financially distressed homeowners under programs established pursuant to Treasury Department's Housing Finance Agency Innovation Fund for Hardest-Hit Housing Markets; Housing and Urban Development's Emergency Homeowners' Loan Program; Notice 2011-14 and Rev. Proc. 2011-55 amplified and supplemented.

Announcements

Announcement 2013-30 (IRB 2013-21) Sec. 1446; fiscal year partnership; withholding tax; effectively connected taxable income allocable to foreign individual partners; rates in effect for 2012.
Announcement 2013-29 (IRB 2013-18) IRS seeking comments to changes to Tip Rate Determination and Education Program; TRDEP; voluntary tip agreements.
Announcement 2013-28 (IRB 2013-17) Corrections to final regulations; T.D. 9612; tax treatment of noncompensatory stock options and convertible instruments issued by a partnership; exercise does recognition of immediate income or loss by either issuing partnership or option holder; Sec. 704.
Announcement 2013-27 (IRB 2013-17) Correction to proposed regulation; REG-148500-12; requirement to maintain minimum essential coverage; Patient Protection and Affordable Care Act; liability for shared responsibility payment.
Announcement 2013-21 (IRB 2013-17) Revised Acknowledgment Letter; Rev. Proc. 2013-12; telephone number change; Voluntary Correction Program; VCP.
Announcement 2013-23 (IRB 2013-16) Corrections to final regulations; T.D. 9604; excise tax on certain medical devices.
Announcement 2013-19 (IRB 2013-14) Excise tax on certain medical devices; corrections to final regulations; T.D. 9604.
Announcement 2013-16 (IRB 2013-14) Treaties; U.S. and Norway; tugboats and similar vessels; offshore activities; exempt from tax.
Announcement 2013-15 (IRB 2013-11) Determination letters; Rev. Proc. 2013-6; Exhibit: Sample Notice to Interested Parties revised to include correct address; Rev. Proc. 2013-6 revised.
Announcement 2013-14 (IRB 2013-11) Treaties; Norway; Competent Authority Agreement.
Announcement 2013-12 (IRB 2013-11) Eliminating print on paper of the Internal Revenue Bulletin; IRS no longer printing paper copies of the Bulletin; no cumulative bulletin after 2008-2 edition.
Announcement 2013-13 (IRB 2013-09) Corrections to Rev. Proc. 2013-6; mailing address for applications for determination letters; comments submitted in connection with determination letter process; Rev. Proc. 2013-6 corrected.
Announcement 2013-9 (IRB 2013-04) Error in schedule of user fees; Rev. Proc. 2013-1 corrected.
Announcement 2013-4 (IRB 2013-04) Correction of temporary regulations; T.D. 9564; deduction and capitalization of expenditures relating to tangible property; general asset accounting regulations and election.
Announcement 2013-10 (IRB 2013-03) Publication 1220 updated for changes made by American Taxpayer Relief Act of 2010.
Announcement 2013-7 (IRB 2013-03) Amendment to temporary regulations; T.D. 9564; deduction and capitalization of expenditures; Sec. 162; 263; taxable years beginning after January 1, 2014; election to apply temporary regulations for taxable years beginning on or after January 1, 2012.
Announcement 2013-6 (IRB 2013-03) Corrections to REG-140668-07; treatment of corporate equity reduction transactions; CERT; members of consolidated group.
Announcement 2013-5 (IRB 2013-03) Competent Authority; agreement between U.S. and Kingdom of Norway; remuneration described in Article 17.

Links to Individual Bulletins

Copyright 2013 by A/N Group, Inc. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is distributed with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional should be sought. Articles in this publication are not intended to be used, and cannot be used, for the purpose of avoiding accuracy-related penalties that may be imposed on a taxpayer. The information is not necessarily a complete summary of all materials on the subject. Copyright is not claimed on material from U.S. Government sources--ISSN 1089-1536

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--Last Update 06/15/13