HIGHLIGHTS Bulletin No. 2020–3 OF THIS ISSUE January 13, 2020

[Pages:91]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.

EMPLOYEE PLANS

REV. RUL. 2020-2, page 298. This revenue ruling provides tables of covered compensation under ? 401(l)(5)(E) of the Internal Revenue Code and the Income Tax Regulations thereunder, effective January 1, 2020.

EMPLOYMENT TAX

NOTICE 2020-3, page 330. The notice provides guidance for the 2020 calendar year regarding withholding from periodic payments for pensions, annuities, and certain other deferred income under section 3405(a), including the rules for withholding from periodic payments under section 3405(a) when no withholding certificate has been furnished.

INCOME TAX

NOTICE 2020-2, page 327. This Notice announces that Treasury and the IRS intend to amend the section 871(m) regulations to delay the effective/applicability date of certain rules in those final regulations and extends the phase-in period provided in Notice 2018-72, 2018-40 I.R.B. 522, for certain provisions of the section 871(m) regulations.

REG-107431-19, page 332. REG-107431-19 provides proposed amendments to the regulations under sections 162, 164, and 170 of the Internal Revenue Code (Code). First, the proposed amendments update the regulations under section

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January 13, 2020

162 to reflect current law regarding the application of section 162 to a taxpayer that makes a payment or transfer to an entity described in section 170(c) for a business purpose. Second, the proposed amendments provide safe harbors under section 162 to provide certainty with respect to the treatment of payments made by business entities to an entity described in section 170(c). Third, the proposed amendments provide a safe harbor under section 164 for payments made to an entity described in section 170(c) by individuals who itemize deductions and receive or expect to receive a state or local tax credit in return. Fourth, the proposed amendments update the regulations under section 170 to reflect past guidance and case law regarding the application of the quid pro quo principle under section 170 to benefits received or expected to be received by a donor from a third party.

REG-122180-18, page 342. Section 162(m) generally limits the otherwise allowable deduction for compensation paid with respect to a covered employee of a publicly held corporation to no more than $1,000,000 per year. The proposed regulations propose guidance on the application of ?162(m), as amended by section 13601 of Tax Cuts and Jobs Act (the Act). The Act made significant amendments to ?162(m), and provided a transition rule applicable to certain outstanding arrangements (commonly referred to as the grandfather rule). The proposed regulations propose guidance on the amendments made by the Act to the definitions of publicly held corporation, covered employee, and applicable employee remuneration. Additionally, the proposed regulations propose guidance on the operation of the grandfather rule.

Finding Lists begin on page ii.

REV. RUL. 2020-1, page 296. Federal rates; adjusted federal rates; adjusted federal long-term rate, the long-term exempt rate, and the blended annual rate. For purposes of sections 382, 1274, 1288, 7872 and other sections of the Code, tables set forth the rates for January 2020.

T.D. 9887, page 302. The regulations provide guidance to nonresident alien individuals and foreign corporations that hold certain financial products providing for payments that are contingent upon or determined by reference to U.S. source dividend payments. The regulations also provides guidance to withholding agents that are responsible for withholding U.S. tax with respect to a dividend equivalent, as well as certain other parties to section 871(m) transactions and their agents. Specifically, the

regulations provide guidance regarding (1) the definition of a broker for purposes of section 871(m), (2) how to calculate the delta of certain options listed on a foreign regulated exchange, and (3) who must determine whether a transaction is a section 871(m) transaction when multiple brokers or dealers are involved in the transaction.

T.D. 9888, page 306. The final regulations provide guidance in determining whether a corporation is a predecessor or successor of a distributing or controlled corporation for purposes of the exception under section 355(e) to the nonrecognition treatment afforded qualifying distributions. The final regulations also provide certain limitations on the recognition of gain in certain cases involving a predecessor of a distributing corporation.

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Provide America's taxpayers top-quality service by helping them understand and meet their tax responsibilities and enforce the law with integrity and fairness to all.

Introduction

The Internal Revenue Bulletin is the authoritative instrument of the Commissioner of Internal Revenue for announcing official rulings and procedures of the Internal Revenue Service and for publishing Treasury Decisions, Executive Orders, Tax Conventions, legislation, court decisions, and other items of general interest. It is published weekly.

It is the policy of the Service to publish in the Bulletin all substantive rulings necessary to promote a uniform application of the tax laws, including all rulings that supersede, revoke, modify, or amend any of those previously published in the Bulletin. All published rulings apply retroactively unless otherwise indicated. Procedures relating solely to matters of internal management are not published; however, statements of internal practices and procedures that affect the rights and duties of taxpayers are published.

Revenue rulings represent the conclusions of the Service on the application of the law to the pivotal facts stated in the revenue ruling. In those based on positions taken in rulings to taxpayers or technical advice to Service field offices, identifying details and information of a confidential nature are deleted to prevent unwarranted invasions of privacy and to comply with statutory requirements.

Rulings and procedures reported in the Bulletin do not have the force and effect of Treasury Department Regulations, but they may be used as precedents. Unpublished rulings will not be relied on, used, or cited as precedents by Service personnel in the disposition of other cases. In applying published rulings and procedures, the effect of subsequent legislation, regulations, court decisions, rulings, and procedures must be considered, and Service personnel and others concerned are cautioned

against reaching the same conclusions in other cases unless the facts and circumstances are substantially the same.

The Bulletin is divided into four parts as follows:

Part I.--1986 Code. This part includes rulings and decisions based on provisions of the Internal Revenue Code of 1986.

Part II.--Treaties and Tax Legislation. This part is divided into two subparts as follows: Subpart A, Tax Conventions and Other Related Items, and Subpart B, Legislation and Related Committee Reports.

Part III.--Administrative, Procedural, and Miscellaneous. To the extent practicable, pertinent cross references to these subjects are contained in the other Parts and Subparts. Also included in this part are Bank Secrecy Act Administrative Rulings. Bank Secrecy Act Administrative Rulings are issued by the Department of the Treasury's Office of the Assistant Secretary (Enforcement).

Part IV.--Items of General Interest. This part includes notices of proposed rulemakings, disbarment and suspension lists, and announcements.

The last Bulletin for each month includes a cumulative index for the matters published during the preceding months. These monthly indexes are cumulated on a semiannual basis, and are published in the last Bulletin of each semiannual period.

The contents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate.

January 13, 2020

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Part I

Section 1274.-- Determination of Issue Price in the Case of Certain Debt Instruments Issued for Property

(Also Sections 42, 280G, 382, 467, 468, 482, 483, 642, 1288, 7520, 7872.)

Rev. Rul. 2020-1

This revenue ruling provides various prescribed rates for federal income tax purposes for January 2020 (the current

month). Table 1 contains the short-term, mid-term, and long-term applicable federal rates (AFR) for the current month for purposes of section 1274(d) of the Internal Revenue Code. Table 2 contains the short-term, mid-term, and long-term adjusted applicable federal rates (adjusted AFR) for the current month for purposes of section 1288(b). Table 3 sets forth the adjusted federal long-term rate and the long-term tax-exempt rate described in section 382(f). Table 4 contains the appropriate percentages for determining the low-income housing credit described in section 42(b)(1) for buildings placed in service during the current month. Howev-

er, under section 42(b)(2), the applicable percentage for non-federally subsidized new buildings placed in service after July 30, 2008, shall not be less than 9%. Table 5 contains the federal rate for determining the present value of an annuity, an interest for life or for a term of years, or a remainder or a reversionary interest for purposes of section 7520. Finally, Table 6 contains the deemed rate of return for transfers made during calendar year 2020 to pooled income funds described in section 642(c)(5) that have been in existence for less than 3 taxable years immediately preceding the taxable year in which the transfer was made.

AFR 110% AFR 120% AFR 130% AFR

AFR 110% AFR 120% AFR 130% AFR 150% AFR 175% AFR

AFR 110% AFR 120% AFR 130% AFR

REV. RUL. 2020-1 TABLE 1 Applicable Federal Rates (AFR) for January 2020

Period for Compounding

Annual

Semiannual

Quarterly

Short-term

1.60%

1.59%

1.59%

1.76%

1.75%

1.75%

1.92%

1.91%

1.91%

2.08%

2.07%

2.06%

Mid-term

1.69%

1.68%

1.68%

1.86%

1.85%

1.85%

2.03%

2.02%

2.01%

2.19%

2.18%

2.17%

2.54%

2.52%

2.51%

2.96%

2.94%

2.93%

Long-term

2.07%

2.06%

2.05%

2.28%

2.27%

2.26%

2.49%

2.47%

2.46%

2.70%

2.68%

2.67%

Monthly

1.58% 1.74% 1.90% 2.06%

1.67% 1.84% 2.01% 2.17% 2.51% 2.92%

2.05% 2.26% 2.46% 2.67%

Short-term adjusted AFR Mid-term adjusted AFR Long-term adjusted AFR

January 13, 2020

Annual 1.21% 1.28% 1.57%

REV. RUL. 2020-1 TABLE 2 Adjusted AFR for January 2020

Period for Compounding Semiannual 1.21% 1.28% 1.56%

296

Quarterly 1.21% 1.28% 1.56%

Monthly 1.21% 1.28% 1.55%

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REV. RUL. 2020-1 TABLE 3 Rates Under Section 382 for January 2020

Adjusted federal long-term rate for the current month

Long-term tax-exempt rate for ownership changes during the current month (the highest of the adjusted federal long-term rates for the current month and the prior two months.)

1.57% 1.59%

REV. RUL. 2020-1 TABLE 4 Appropriate Percentages Under Section 42(b)(1) for January 2020

Note: Under section 42(b)(2), the applicable percentage for non-federally subsidized new buildings placed in service after July 30, 2008, shall not be less than 9%.

Appropriate percentage for the 70% present value low-income housing credit

7.43%

Appropriate percentage for the 30% present value low-income housing credit

3.18%

REV. RUL. 2020-1 TABLE 5 Rate Under Section 7520 for January 2020

Applicable federal rate for determining the present value of an annuity, an interest for life or a term of years, or a remainder or reversionary interest

2.0%

REV. RUL. 2020-1 TABLE 6 Deemed Rate for Transfers to New Pooled Income Funds During 2020

Deemed rate of return for transfers during 2020 to pooled income funds that have been in existence for less than 3 taxable years

2.2%

Section 42.--Low-Income Housing Credit

The applicable federal short-term, mid-term, and long-term rates are set forth for the month of January 2020. See Rev. Rul. 2020-1, page 296.

Section 280G.--Golden Parachute Payments

The applicable federal short-term, mid-term, and long-term rates are set forth for the month of January 2020. See Rev. Rul. 2020-1, page 296.

Section 382.--Limitation on Net Operating Loss Carryforwards and Certain Built-In Losses Following Ownership Change

The adjusted applicable federal long-term rate is set forth for the month of January 2020. See Rev. Rul. 2020-1, page 296.

Section 467.--Certain Payments for the Use of Property or Services

The applicable federal short-term, mid-term, and long-term rates are set forth for the month of January 2020. See Rev. Rul. 2020-1, page 296.

Section 468.--Special Rules for Mining and Solid Waste Reclamation and Closing Costs

The applicable federal short-term, mid-term, and long-term rates are set forth for the month of January 2020. See Rev. Rul. 2020-1, page 296.

Section 482.--Allocation of Income and Deductions Among Taxpayers

The applicable federal short-term, mid-term, and long-term rates are set forth for the month of January 2020. See Rev. Rul. 2020-1, page 296.

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Section 483.--Interest on Certain Deferred Payments

The applicable federal short-term, mid-term, and long-term rates are set forth for the month of January 2020. See Rev. Rul. 2020-1, page 296.

Section 642.--Special Rules for Credits and Deductions

Deemed rate for transfers to new pooled income funds during 2020 is set forth. See Rev. Rul. 2020?1, page 296.

Section 1288.--Treatment of Original Issue Discount on Tax-Exempt Obligations

The adjusted applicable federal short-term, midterm, and long-term rates are set forth for the month of January 2020. See Rev. Rul. 2020-1, page 296.

Section 7520.--Valuation Tables

The applicable federal short-term, mid-term, and long-term rates are set forth for the month of January 2020. See Rev. Rul. 2020-1, page 296.

Section 7872.--Treatment of Loans With BelowMarket Interest Rates

The applicable federal short-term, mid-term, and long-term rates are set forth for the month of January 2020. See Rev. Rul. 2020-1, page 296.

26 CFR 1.401(l)-1: Permitted disparity in employer-provided contributions or benefits

Rev. Rul. 2020-2

This revenue ruling provides tables of covered compensation under ? 401(l)(5) (E) of the Internal Revenue Code and the Income Tax Regulations thereunder, for the 2020 plan year.

Section 401(l)(5)(E)(i) defines covered compensation with respect to an employee as the average of the contribution and benefit bases in effect under section 230 of the Social Security Act (the "Act") for each year in the 35year period ending with the year in which the employee attains social security retirement age.

Section 401(l)(5)(E)(ii) states that the determination for any year preceding the year in which the employee attains social security retirement age shall be made by assuming that there is no increase in cov-

ered compensation after the determination year and before the employee attains social security retirement age.

Section 1.401(l)-1(c)(34) of the Income Tax Regulations defines the taxable wage base as the contribution and benefit base under section 230 of the Act.

Section 1.401(l)-1(c)(7)(i) defines covered compensation for an employee as the average (without indexing) of the taxable wage bases in effect for each calendar year during the 35-year period ending with the last day of the calendar year in which the employee attains (or will attain) social security retirement age. A 35year period is used for all individuals regardless of the year of birth of the individual. In determining an employee's covered compensation for a plan year, the taxable wage base for all calendar years beginning after the first day of the plan year is assumed to be the same as the taxable wage base in effect as of the beginning of the plan year. An employee's covered compensation for

a plan year beginning after the 35-year period applicable under ? 1.401(l)-1(c)(7)(i) is the employee's covered compensation for a plan year during which the 35-year period ends. An employee's covered compensation for a plan year beginning before the 35-year period applicable under ? 1.401(l)-1(c)(7)(i) is the taxable wage base in effect as of the beginning of the plan year.

Section 1.401(l)-1(c)(7)(ii) provides that, for purposes of determining the amount of an employee's covered compensation under ? 1.401(l)-1(c)(7)(i), a plan may use tables, provided by the Commissioner, that are developed by rounding the actual amounts of covered compensation for different years of birth.

For purposes of determining covered compensation for the 2020 year, the taxable wage base is $137,700.

The following tables provide covered compensation for 2020.

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298

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CALENDAR YEAR OF BIRTH 1907 1908 1909 1910 1911 1912 1913 1914 1915 1916 1917 1918 1919 1920 1921 1922 1923 1924 1925 1926 1927 1928 1929 1930 1931 1932 1933 1934 1935 1936 1937 1938 1939 1940 1941 1942 1943 1944 1945 1946

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ATTACHMENT I 2020 COVERED COMPENSATION TABLE

CALENDAR YEAR OF SOCIAL SECURITY RETIREMENT AGE 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2004 2005 2006 2007 2008 2009 2010 2011 2012

299

2020 COVERED COMPENSATION

TABLE II $ 4,488 4,704 5,004 5,316 5,664 6,060 6,480 7,044 7,692 8,460 9,300 10,236 11,232 12,276 13,368 14,520 15,708 16,968 18,312 19,728 21,192 22,716 24,312 25,920 27,576 29,304 31,128 33,060 35,100 37,212 39,444 43,992 46,344 48,816 51,348 53,952 56,628 59,268 61,884 64,560

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CALENDAR YEAR OF BIRTH 1947 1948 1949 1950 1951 1952 1953 1954 1955 1956 1957 1958 1959 1960 1961 1962 1963 1964 1965 1966 1967 1968 1969 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986

1987 and Later

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ATTACHMENT I 2020 COVERED COMPENSATION TABLE

CALENDAR YEAR OF SOCIAL SECURITY RETIREMENT AGE 2013 2014 2015 2016 2017 2018 2019 2020 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 and Later

300

2020 COVERED COMPENSATION

TABLE II 67,308 69,996 72,636 75,180 77,880 80,532 83,244 86,052 91,464 94,116 96,684 99,144 101,556 103,908 106,200 108,396 110,580 112,728 114,792 116,772 118,632 120,384 122,028 123,540 124,980 126,408 127,764 129,012 130,164 131,184 132,060 132,948 133,824 134,616 135,300 135,900 136,440 136,992 137,292 137,556 137,700

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