2004 Notices
A "Notice" is a public pronouncement that may contain guidance that involves substantive interpretations of the Code or other provisions of law. Notices may also be used for documents that would be appropriate for an "Announcement", but for the need to preserve the guidance in the Cumulative Bulletin, published twice a year. For example, "notices" can be used to relate what regulations will say in situations where the regulations may not be published in the immediate future. All notices published in the weekly IRB are also published in the Cumulative Bulletin.
Under Revenue Ruling 90-91, "for purposes of applying the substantial understatement portion of the accuracy-related penalty, ...all notices and announcements issued by the Service and published in the Internal Revenue Bulletin are considered authority and may be relied upon to the same extent as a revenue ruling or revenue procedure."
Notices are in the Adobe Acrobat PDF format.
Internal Revenue Bulletin Summary pages are in HTML format.
| Notices |
Bulletin |
Date of IRB |
 |
| Notice 2004-84(PDF, 63K) |
IRB #2004-52(HTML) |
Dec. 27, 2004 |
| Retirement plans; qualification, list of changes. This notice sets forth a list of changes referred to in Announcement 2004-71, 2004-40 I.R.B. 569, pertaining to the statutory, regulatory, and guidance changes needed for certain requests to the Service as well as the designation of the regulations pertaining to a retroactive annuity starting date as a disqualifying provision. |
| Notice 2004-83(PDF, 40K) |
IRB #2004-52(HTML) |
Dec. 27, 2004 |
| This notice updates the list of designated private delivery services (PDSs) for purposes of section 7502 of the Code. The updating reflects the merger of two PDSs listed in the prior notice and additional delivery times for a service listed for the surviving PDS in the prior notice. Notice 2002-62 modified and superseded. |
| Notice 2004-82(PDF, 51K) |
IRB #2004-51(HTML) |
Dec. 20, 2004 |
| Weighted average interest rate update; corporate bond indices; 30-year Treasury securities. The weighted average interest rate for December 2004 and the resulting permissible range of interest rates used to calculate current liability and to determine the required contribution are set forth. |
| Notice 2004-81(PDF, 44K) |
IRB #2004-51(HTML) |
Dec. 20, 2004 |
| This notice provides tables that show the amount of an individual’s income that is exempt from a notice of levy used to collect delinquent tax in 2005. |
| Notice 2004-80(PDF, 68K) |
IRB #2004-50(HTML) |
Dec. 13, 2004 |
| This notice alerts taxpayers to recent amendments to sections 6111, 6112, and 6708 of the Code and provides interim guidance until regulations or other guidance is published. |
| Notice 2004-79(PDF, 50K) |
IRB #2004-49(HTML) |
Dec. 6, 2004 |
| This notice provides guidance regarding the definition of dependent under section 106 of the Code. |
| Notice 2004-78(PDF, 52K) |
IRB #2004-48(HTML) |
Nov. 29, 2004 |
| Actuarial assumptions; distributions under section 101 of Pension Funding Equity Act of 2004. This notice provides guidance in question and answer format on the use of actuarial assumptions in determining certain single sum distributions and the limitations of section 415(b)(2) of the Code as a result of section 415(b)(2)(E)(ii) as amended by section 101(b)(4) of the Pension Funding Equity Act of 2004. |
| Notice 2004-77(PDF, 40K) |
IRB #2004-47(HTML) |
Nov. 22, 2004 |
| Weighted average interest rate update; corporate bond indices; 30-year Treasury securities. The weighted average interest rate for November 2004 and the resulting permissible range of interest rates used to calculate current liability and to determine the required contribution are set forth. |
| Notice 2004-76(PDF, 47K) |
IRB #2004-48(HTML) |
Nov. 29, 2004 |
| The Service is suspending certain income limitation requirements under section 42 of the Code for certain low-income housing credit properties in Florida as a result of the devastation caused by Hurricanes Charley, Frances, Ivan, and Jeanne. Notice 2004-66 amplified and superseded. |
| Notice 2004-75(PDF, 58K) |
IRB #2004-48(HTML) |
Nov. 29, 2004 |
| The Service is suspending certain income limitation requirements under section 42 of the Code for certain low-income housing credit properties in Ohio as a result of the devastation caused by remnants of Hurricanes Ivan and Frances. |
| Notice 2004-74(PDF, 73K) |
IRB #2004-48(HTML) |
Nov. 29, 2004 |
| The Service is suspending certain income limitation requirements under section 42 of the Code for certain low-income housing credit properties in Alabama as a result of the devastation caused by Hurricane Ivan. |
| Notice 2004-73(PDF, 41K) |
IRB #2004-46(HTML) |
Nov. 15, 2004 |
| 2005 social security contribution and benefit base; domestic employee coverage threshold. The Commissioner of the Social Security Administration has announced (1) the OASDI contribution and benefit base for remuneration paid in 2005 and self-employment income earned in taxable years beginning in 2005, and (2) the domestic employee coverage threshold amount for 2005. |
| Notice 2004-72(PDF, 45K) |
IRB #2004-46(HTML) |
Nov. 15, 2004 |
| 2005 section 415 cost-of-living adjustments; retirement plans, etc. This notice sets forth certain cost-of-living adjustments effective January 1, 2005, applicable to the dollar limits on benefits under qualified defined benefit pension plans and to other provisions affecting (1) certain plans of deferred compensation and (2) "control employees." |
| Notice 2004-71(PDF, 71K) |
IRB #2004-45(HTML) |
Nov. 8, 2004 |
| Section 1(h)(11) of the Code provides that certain dividends paid to an individual shareholder from either a domestic corporation or a "qualified foreign corporation" are subject to tax at the reduced rates applicable to certain capital gains. This notice provides guidance for persons required to make returns and provide statements under section 6042 of the Code (e.g., Form 1099-DIV) regarding distributions with respect to securities issued by a foreign corporation, and for individuals receiving such statements. The notice also describes when a security (or an American depositary receipt in respect of such security) issued by a foreign corporation that is other than ordinary or common stock (such as preferred stock) will satisfy the readily tradable test. |
| Notice 2004-70(PDF, 89K) |
IRB #2004-44(HTML) |
Nov. 1, 2004 |
| This document provides guidance regarding the treatment as qualified dividend income, for purposes of section 1(h)(11) of the Code, of distributions, inclusions, and other amounts from foreign corporations subject to certain anti-deferral regimes. |
| Notice 2004-69(PDF, 70K) |
IRB #2004-43(HTML) |
Oct. 25, 2004 |
| Weighted average interest rate update; corporate bond indices; 30-year Treasury securities. The weighted average interest rate for October 2004 and the resulting permissible range of interest rates used to calculate current liability and to determine the required contribution are set forth. |
| Notice 2004-68(PDF, 51K) |
IRB #2004-43(HTML) |
Oct. 25, 2004 |
| This notice announces that the IRS and Treasury will amend regulations section 301.7701-2(b)(8) to include certain foreign entities on the list of entities always treated as corporations under section 7701 of the Code. |
| Notice 2004-67(PDF, 103K) |
IRB #2004-41(HTML) |
Oct. 12, 2004 |
| This notice sets out transactions that have been identified by the Department of the Treasury and the IRS as "listed transactions" for purposes of the regulations under sections 6011 and 6111 of the Code. Notice 2003-76 supplemented and superseded. |
| Notice 2004-66(PDF, 62K) |
IRB #2004-42(HTML) |
Oct. 18, 2004 |
| The Service is suspending certain income limitation requirements under section 42 of the Code for certain low-income housing credit properties in Florida as a result of the devastation caused by Hurricane Charley and Hurricane Frances. |
| Notice 2004-65(PDF, 90K) |
IRB #2004-41(HTML) |
Oct. 12, 2004 |
| This document modifies Notice 2002-70, 2002-2 C.B. 765, and Notice 2003-76, 2003-49 I.R.B. 1181, to remove certain reinsurance arrangements, which involve producer owned reinsurance companies (PORCs) from those identified as a "listed transaction," and notifies taxpayers that the Service will continue to scrutinize such arrangements. Notices 2002-70 and 2003-76 modified. |
| Notice 2004-64(PDF, 77K) |
IRB #2004-41(HTML) |
Oct. 12, 2004 |
| This notice alerts taxpayers to recent amendments to section 501(c)(15) of the Code that may affect the qualification of entities as tax-exempt property and casualty insurance companies described in section 501(c)(15). The notice advises taxpayers that the Service will continue to scrutinize the eligibility of entities claiming to be tax-exempt property and casualty insurance companies. |
| Notice 2004-63(PDF, 50K) |
IRB #2004-41(HTML) |
Oct. 12, 2004 |
| This notice announces that the Service will not assert penalties for failure to report, under section 6050S of the Code, payments of loan origination fees and capitalized interest received in calendar year 2004 on qualified education loans made on or after September 1, 2004. |
| Notice 2004-62(PDF, 46K) |
IRB #2004-40(HTML) |
Oct. 4, 2004 |
| Minimum funding standards; disaster relief. The Service, the Employee Benefits Security Administration (EBSA) of the Department of Labor, and the Pension Benefit Guaranty Corporation (PBGC) are providing relief in connection with certain employee benefit plans because of damage in Florida caused by Tropical Storm Bonnie, Hurricane Charley, and Hurricane Frances (Florida Storms). The relief provided by this notice is in addition to the relief already provided by the Service to victims of the Florida Storms. |
| Notice 2004-61(PDF, 50K) |
IRB #2004-41(HTML) |
Oct. 12, 2004 |
| This notice describes the transition period for purposes of sections 7702 and 7702A of the Code from the 1980 Commissioners Standard Ordinary mortality tables (CSO tables) to the 2001 CSO tables that are to be used by issuers of life insurance products. Notice 88-128 supplemented. |
| Notice 2004-60(PDF, 41K) |
IRB #2004-40(HTML) |
Oct. 4, 2004 |
| Weighted average interest rate update; corporate bond indices; 30-year Treasury securities. The weighted average interest rate for September 2004 and the resulting permissible range of interest rates used to calculate current liability and to determine the required contribution are set forth. |
| Notice 2004-59(PDF, 68K) |
IRB #2004-36(HTML) |
Sept. 7, 2004 |
| Alternative deficit reduction election; amendment following election. This notice provides guidance on the restrictions that are placed on plan amendments following an employer’s election of the alternative deficit reduction contribution under § 412(l)(12) of the Code and section 302(d)(12) of the Employee Retirement Income Security Act of 1974, as added by section 102 of the Pension Funding Equity Act of 2004. |
| Notice 2004-58(PDF, 65K) |
IRB #2004-39(HTML) |
Sept. 27, 2004 |
| This notice sets forth a method that the IRS will accept for determining whether subsidiary stock loss is disallowed and subsidiary stock basis is reduced under regulations section 1.337(d)-2T, and requests comments as to what method should be adopted in prospective regulations. |
| Notice 2004-57(PDF, 43K) |
IRB #2004-35(HTML) |
Aug. 30, 2004 |
| This notice confirms that the Service will continue to assess and collect tax under section 4251 of the Code on all taxable communications services, including those communications services recently litigated with conflicting results. |
| Notice 2004-56(PDF, 39K) |
IRB #2004-35(HTML) |
Aug. 30, 2004 |
| Weighted average interest rate update; corporate bond indices; 30-year Treasury securities. The weighted average interest rate for August 2004 and the resulting permissible range of interest rates used to calculate current liability and to determine the required contribution are set forth. |
| Notice 2004-55(PDF, 60K) |
IRB #2004-34(HTML) |
Aug. 23, 2004 |
| This notice solicits public comments concerning whether the existing final regulations under section 423 of the Code, concerning options granted under an employee stock purchase plan, should be amended. |
| Notice 2004-54(PDF, 56K) |
IRB #2004-33(HTML) |
Aug. 16, 2004 |
| This notice provides that paid preparers will be permitted to sign original returns, amended returns, or requests for filing extensions by rubber stamp, mechanical device (such as signature pen), or computer software program. |
| Notice 2004-53(PDF, 75K) |
IRB #2004-33(HTML) |
Aug. 16, 2004 |
| Requests for comments concerning the application of section 761. This notice requests comments regarding the application of section 761 of the Code and whether section 1.761-2(a)(2) of the regulations should be revised, modified, or clarified. |
| Notice 2004-52(PDF, 63K) |
IRB #2004-32(HTML) |
Aug. 9, 2004 |
| This notice requests comments regarding the treatment of certain financial transactions commonly known as credit default swaps (CDSs). |
| Notice 2004-51(PDF, 77K) |
IRB #2004-30(HTML) |
July 26, 2004 |
| Weighted average interest rate update; corporate bond
indexes; 30-year Treasury securities. The weighted average interest rate for July 2004 and the resulting permissible range of interest rates used to calculate current liability and to determine the required contribution are set |
| Notice 2004-50(PDF, 191K) |
IRB #2004-33(HTML) |
Aug. 16, 2004 |
| This notice consists of 88 questions and answers on Health Savings Accounts (HSAs) that have not been previously addressed. This notice also provides transition relief for months before January 1, 2005, for health plans, which would otherwise qualify as high deductible health plans (HDHPs) except for the absence of an express limit on out-of-pocket expenses. It also provides transition relief for months before January 1, 2006, for health plans which allow deductibles to be satisfied over a period of more than 12 months. Notice 2004-2 modified. |
| Notice 2004-49(PDF, 85K) |
IRB #2004-30(HTML) |
July 26, 2004 |
| 2004 enhanced oil recovery credit. The enhanced oil recovery credit for taxable years beginning in the 2004 calendar year is determined without regard to the phase-out for crude oil price increases provided in section 43(b) of the Code. |
| Notice 2004-48(PDF, 64K) |
IRB #2004-30(HTML) |
July 26, 2004 |
| 2004 marginal production rates. This notice announces the applicable percentage under section 613A of the Code to be used in determining percentage depletion for marginal properties for the 2004 calendar year. |
| Notice 2004-47(PDF, 39K) |
IRB #2004-29(HTML) |
July 19, 2004 |
| This notice relieves health insurance providers from preparing IRS Form 1099–H, “Health Coverage Tax Credit (HCTC) Advance Payments,” unless they affirmatively retain that obligation. A contractor of the IRS will prepare the form and file it with the Service and furnish copies to taxpayers. |
| Notice 2004-46(PDF, 73K) |
IRB #2004-29(HTML) |
July 19, 2004 |
| This notice requests comments on whether debit cards may be used to provide qualified transportation fringes described under section 132(f) of the Code. |
| Notice 2004-45(PDF, 64K) |
IRB #2004-28(HTML) |
July 12, 2004 |
| This notice advises taxpayers that the Service will challenge the meritless filing position of certain U.S. citizens who claim to be residents of the U.S. Virgin Islands and to have income from sources in the U.S. Virgin Islands or income effectively connected to the conduct of a trade or business in the U.S. Virgin Islands. |
| Notice 2004-44(PDF, 39K) |
IRB #2004-28(HTML) |
July 12, 2004 |
| Section 368(a)(1)(B). The Service is requesting public comments regarding Rev. Proc. 81–70, 1981–2 C.B. 729, which contains the guidelines for estimating the basis of stock acquired in a B reorganization. |
| Notice 2004-43(PDF, 36K) |
IRB #2004-27(HTML) |
July 6, 2004 |
| This notice provides transition relief for individuals in states where high deductible health plans (HDHPs) are not available because state laws require health plans to provide certain benefits with a low or no deductible. |
| Notice 2004-42(PDF, 35K) |
IRB #2004-25(HTML) |
June 21, 2004 |
| Weighted average interest rate update; corporate bond indexes; 30-year Treasury securities. The weighted average interest rate for June 2004 and the resulting permissible range of interest rates used to calculate current liability and to determine the required contribution are set forth. |
| Notice 2004-41(PDF, 43K) |
IRB #2004-28(HTML) |
July 12, 2004 |
| Charitable contributions and conservation easements. This notice informs taxpayers that the Service will, in appropriate cases, reduce or disallow deductions claimed by taxpayers under section 170 of the Code for transfers in connection with conservation easements. This notice also informs participants in these transactions that they may be subject to other adverse tax consequences, including penalties, excise taxes, and loss of tax-exempt status, as appropriate. |
| Notice 2004-40(PDF, 35K) |
IRB #2004-23(HTML) |
June 7, 2004 |
| Weighted average interest rate update; corporate bond indices; 30-year Treasury securities. The weighted average interest rate for May 2004 and the resulting permissible range of interest rates used to calculate current liability and to determine the required contribution are set forth. |
| Notice 2004-39(PDF, 85K) |
IRB #2004-22(HTML) |
June 1, 2004 |
| This notice explains how the changes to section 1(h) of the Code made by the Jobs and Growth Tax Relief Reconciliation Act of 2003 (JGTRRA) apply to capital gain dividends paid (or accounted for as if paid) by regulated investment companies (RICs) and real estate investment trusts (REITs) in taxable years that end on or after May 6, 2003. |
| Notice 2004-38(PDF, 70K) |
IRB #2004-21(HTML) |
May 24, 2004 |
| This notice announces that the Service and the Treasury Department will issue temporary and proposed regulations that will modify the definition of "qualified amended return" in regulations section 1.6664-2(c)(3). |
| Notice 2004-37(PDF, 73K) |
IRB #2004-21(HTML) |
May 24, 2004 |
| Section 1504. This notice announces circumstances in which the failure to satisfy the value requirement of section 1504(a)(2)(B) of the Code will be disregarded under section 1504(a)(5)(C) and (D) in determining whether a corporation is treated as a member of an affiliated group. The notice also announces that regulations will be proposed and invites comments. |
| Notice 2004-36(PDF, 51K) |
IRB #2004-19(HTML) |
May 10, 2004 |
| Distributable amount of a private foundation. This notice states that the Treasury Department and the Service intend to propose regulations modifying regulations under section 4942 of the Code in a manner consistent with the holding of the Tax Court and the Ninth Circuit in Ann Jackson Family Foundation. It also states that until further guidance is promulgated, private foundations should compute the distributable amount under section 4942(d) without regard to regulations section 53.4942(a)-2(b)(2). Accordingly, income distributions received from section 4947(a)(2) trusts are not included in a private foundation’s distributable amount for purposes of section 4942. The notice also includes instructions for filling out the private foundation’s applicable information and excise tax returns and how to claim a refund pursuant to this notice. |
| Notice 2004-35(PDF, 41K) |
IRB #2004-19(HTML) |
May 10, 2004 |
| Net investment income of private foundation. This notice announces that the Treasury Department and the Service intend to propose regulations modifying regulations section 53.4940-1(d)(2) to provide that a private foundation’s net investment income for purposes of section 4940 of the Code does not include distributions from trusts and estates and that until further guidance is promulgated, income distributions from trusts and estates will not retain their character in the hands of a distributee private foundation for purposes of determining the foundation’s net investment income under section 4940(c). This notice also provides instructions on how a private foundation should fill out its applicable returns and how to claim refunds. |
| Notice 2004-34(PDF, 64K) |
IRB #2004-18(HTML) |
May 3, 2004 |
| Minimum funding standards; interest rates; section 101 of Pension Funding Equity Act. This notice describes the method for determining the permissible range of interest rates for current liability under section 412 of the Code as amended by section 101 of the Pension Funding Equity Act of 2004. In addition, comments are requested on this notice. |
| Notice 2004-33(PDF, 49K) |
IRB #2004-18(HTML) |
May 3, 2004 |
| Credit for sales of fuel produced from a nonconventional source, inflation adjustment factor, and reference price. This notice publishes the nonconventional source fuel credit, the inflation adjustment factor, and the reference price under section 29 of the Code for calendar year 2003. This data is used to determine the credit allowable on sales of fuel produced from a nonconventional source. |
| Notice 2004-32(PDF, 39K) |
IRB #2004-18(HTML) |
May 3, 2004 |
| Weighted average interest rate update. The weighted average interest rate for April 2004 and the resulting permissible range of interest rates used to calculate current liability and to determine the required contribution are set forth. |
| Notice 2004-31(PDF, 52K) |
IRB #2004-17(HTML) |
April 26, 2004 |
| This notice identifies as a listed transaction under section 6111 of the Code certain equity financing structures using partnerships, special allocations of partnership items, and guaranteed payments that are entered into to avoid the limitations of section 163(j). |
| Notice 2004-30(PDF, 61K) |
IRB #2004-17(HTML) |
April 26, 2004 |
| S corporation tax shelter. This notice advises taxpayers and their representatives about a tax shelter in which a shareholder of an S corporation donates nonvoting stock of the S corporation to an organization described in section 1361(c)(6) of the Code that is not subject to tax on unrelated business income under section 511 or that has UBIT carry-over losses. The transaction is made in order to defer taxation on S corporation income. The notice notifies taxpayers and their representatives that the claimed tax benefits purportedly generated by these transactions are not allowable for federal income tax purposes. The notice also states that this transaction is a listed transaction and warns of the potential penalties that may be imposed if taxpayers participate in such a transaction. |
| Notice 2004-29(PDF, 32K) |
IRB #2004-17(HTML) |
April 26, 2004 |
| Electricity produced from certain renewable resources; calendar year 2004 inflation adjustment factor and reference prices. This notice announces the calendar year 2004 inflation adjustment factor and reference prices for the renewable electricity production credit under section 45 of the Code. |
| Notice 2004-28(PDF, 54K) |
IRB #2004-16(HTML) |
April 19, 2004 |
| Frivolous claims for refunds of income or alternative minimum tax incurred upon the exercise of compensatory stock options. This notice describes five claims and explains that in most cases the arguments behind such claims are without merit and will not be respected by the Service. This notice also enumerates the penalties which may be applicable to taxpayers relying on such claims or arguments. |
| Notice 2004-27(PDF, 40K) |
IRB #2004-16(HTML) |
April 19, 2004 |
| Losses; decrease in stock value. This notice advises taxpayers that the Service will disallow deductions for theft losses claimed on account of decreases in the market value of stock purchased on the open market that may be attributable to fraudulent misrepresentations or other illegal misconduct of corporate officials. A taxpayer generally may deduct as a capital loss such a decrease in value when it is recognized by the taxpayer because the stock is sold or exchanged or becomes wholly worthless. |
| Notice 2004-26(PDF, 38K) |
IRB #2004-16(HTML) |
April 19, 2004 |
| Public comments are requested for items that should be included on the 2004–2005 Guidance Priority List. Taxpayers may submit recommendations at any time during the year. All recommendations received by April 30, 2004, will be reviewed for possible inclusion on the original 2004–2005 Guidance Priority List. Recommendations received after April 30, 2004, will be reviewed for inclusion in the quarterly updates if received by August 31, 2004; November 30, 2004; or February 28, 2005, respectively. |
| Notice 2004-25(PDF, 49K) |
IRB #2004-15(HTML) |
April 12, 2004 |
| This notice provides transition relief from the rule in Notice 2004-2, 2004-2 I.R.B. 269, Q&A 26, that a Health Savings Account (HSA) must pay or reimburse on a tax-free basis only qualified medical expenses incurred after the HSA has been established. The notice provides that for calendar year 2004, an HSA established on or before April 15, 2005, may pay or reimburse otherwise qualified medical expenses on a tax-free basis if the expenses were incurred on or after the later of (1) January 1, 2004, or (2) the first day of the first month the taxpayer became eligible to establish an HSA. Notice 2004-2 modified. |
| Notice 2004-24(PDF, 46K) |
IRB #2004-13(HTML) |
March 29, 2004 |
| Weighted average interest rate update. The weighted average interest rate for March 2004 and the resulting permissible range of interest rates used to calculate current liability and to determine the required contribution are set forth. |
| Notice 2004-23(PDF, 60K) |
IRB #2004-15(HTML) |
April 12, 2004 |
| This notice provides a safe harbor for preventive care benefits allowed to be provided by a high deductible health plan (HDHP) under section 223(c)(2) of the Code. |
| Notice 2004-22(PDF, 61K) |
IRB #2004-12(HTML) |
March 22, 2004 |
| This notice informs and educates taxpayers about how to avoid making frivolous arguments and what will happen if they do. This notice describes many of the frivolous arguments that people have made recently to reduce or eliminate their taxes. It also describes many of the possible civil and criminal penalties that apply to people who pay less tax than they owe or refuse to file their returns based on frivolous arguments. |
| Notice 2004-21(PDF, 42K) |
IRB #2004-11(HTML) |
March 15, 2004 |
| Low-income housing tax credit; private activity bonds. Resident populations of the 50 states, the District of Columbia, Puerto Rico, and the insular areas are provided for purposes of determining the 2004 calendar year (1) state housing credit ceiling under section 42(h) of the Code, (2) private activity bond volume cap under section 146, and (3) private activity bond volume limit under section 142(k)(5). |
| Notice 2004-20(PDF, 44K) |
IRB #2004-11(HTML) |
March 15, 2004 |
| This notice describes a transaction involving the purported acquisition of stock of a foreign target corporation, an election under section 338, and a prearranged plan to sell the target corporation’s assets in a transaction that gives rise to foreign tax without corresponding income for U.S. tax purposes. The notice identifies this transaction, and substantially similar transactions, as listed transactions that are subject to reporting, registration, and list maintenance requirements. |
| Notice 2004-19(PDF, 48K) |
IRB #2004-11(HTML) |
March 15, 2004 |
| This notice withdraws Notice 98-5, but announces that the IRS will continue to scrutinize abusive transactions that are designed to generate foreign tax credits and will challenge the claimed tax consequences of such transactions under principles of existing law. The notice also describes the approach that Treasury and the IRS are using to address transactions involving inappropriate foreign tax credit results. Notice 98-5 withdrawn and Notice 2003-76 modified. |
| Notice 2004-18(PDF, 50K) |
IRB #2004-11(HTML) |
March 15, 2004 |
| This notice requests public comment regarding the proper treatment of capitalized amounts that facilitate an acquisition of a trade or business, change in the capital structure of a business entity, and certain other transactions. |
| Notice 2004-17(PDF, 38K) |
IRB #2004-11(HTML) |
March 15, 2004 |
| This notice provides that benefits received under the Smallpox Emergency Personnel Protection Act of 2003 (SEPPA) are exempt from income and employment taxes. |
| Notice 2004-16(PDF, 28K) |
IRB #2004-9(HTML) |
March 1, 2004 |
| This notice provides relief from the application of the information reporting rules set forth in Rev. Rul. 2003-43, 2003-1 C.B. 935, with respect to payments for medical care under health flexible spending arrangements and health reimbursement arrangement. |
| Notice 2004-15(PDF, 44K) |
IRB #2004-9(HTML) |
March 1, 2004 |
| This notice concludes that taxpayers may use the methodology set forth in Rev. Rul. 2002-62, 2002-2 C.B. 710, to determine penalty tax implications and whether a distribution from an annuity contract is part of a series of substantially equal periodic payments under section 72(q)(2) of the Code. |
| Notice 2004-14(PDF, 26K) |
IRB #2004-9(HTML) |
March 1, 2004 |
| Weighted average interest rate update. The weighted average interest rate for February 2004 and the resulting permissible range of interest rates used to calculate current liability and to determine the required contribution are set forth. |
| Notice 2004-13(PDF, 65K) |
IRB #2004-12(HTML) |
March 22, 2004 |
| This notice provides information about common mistakes that individual taxpayers make when they prepare their individual federal income tax returns. Taxpayers who avoid these mistakes can save themselves time in correcting the mistakes and speed up the receipt of any refunds. |
| Notice 2004-12(PDF, 76K) |
IRB #2004-10(HTML) |
March 8, 2004 |
| This notice contains a proposed revenue procedure that sets forth generally applicable standards for determining whether service in the employ of certain public or private nonprofit schools, colleges, universities, or affiliated organizations described in section 509(a)(3) of the Code performed by a student qualifies for the exception from Federal Insurance Contributions Act (FICA) tax provided under section 3121(b)(10). Rev. Proc. 98-16 suspended. |
| Notice 2004-11(PDF, 101K) |
IRB #2004-6(HTML) |
Feb. 9, 2004 |
| This notice announces a pilot program that permits large and mid-size business taxpayers to enter into research credit recordkeeping agreements. |
| Notice 2004-10(PDF, 83K) |
IRB #2004-6(HTML) |
Feb. 9, 2004 |
| Electronic delivery of Form 1099 and Form 5498 payee statements. This notice permits the electronic delivery of Form 1099–R, Form 1099–MSA, Form 1099–Q, Form 5498, Form 5498–ESA, and Form 5498–MSA payee statements by their respective due dates. |
| Notice 2004-9(PDF, 49K) |
IRB #2004-4(HTML) |
Jan. 26, 2004 |
| This notice announces the extension of certain 2004 deadlines under revised regulations sections 1.6043–4T and 1.6045–3T for filing Form 8806 and furnishing Form 1099–CAP to clearing organizations. This notice also provides information to filers of Forms 1099–CAP and 1099–B to assist in complying with the reporting requirements set forth in revised sections 1.6043–4T and 1.6045–3T. |
| Notice 2004-8(PDF, 57K) |
IRB #2004-4(HTML) |
Jan. 26, 2004 |
| Roth IRAs; abuses; listed transactions. This notice describes certain transactions that are being entered into by individuals, their Roth IRAs, and their businesses. The Service and the Treasury have determined that these transactions are abusive, that they may result in the disallowance of one or more deductions or the application of an excise tax, and that the applicable transactions must be listed as tax-shelters. |
| Notice 2004-7(PDF, 52K) |
IRB #2004-3(HTML) |
Jan. 20, 2004 |
| Charitable contributions; intellectual property. This notice advises taxpayers that, in appropriate cases, the Service intends to disallow improper charitable contribution deductions claimed by taxpayers in connection with the transfer of patents or other intellectual property to charitable organizations. In particular, the IRS has become aware of purported charitable contributions of intellectual property in which one or more of the following issues (which may affect the availability or amount of a deduction) are present: 1) transfer of a nondeductible partial interest in intellectual property; 2) the taxpayer’s expectation or receipt of a benefit in exchange for the transfer; 3) inadequate substantiation of the contribution; and 4) overvaluation of the intellectual property transferred. |
| Notice 2004-6(PDF, 71K) |
IRB #2004-3(HTML) |
Jan. 20, 2004 |
| Capitalization, business expenses, tangible property. The Service and Treasury Department intend to propose regulations that clarify the application of sections 162 and 263 of the Code to expenditures paid or incurred to repair, improve, or rehabilitate tangible property. This notice requests comments on issues relating to such expenditures by March 1, 2004. |
| Notice 2004-5(PDF, 34K) |
IRB #2004-7(HTML) |
Feb. 17, 2004 |
| Pursuant to the authority granted under section 772(a)(11) of the Code, the Secretary has determined that it is appropriate for a partner of an electing large partnership to take into account separately the partner’s distributive share of the partnership’s dividends received that are qualified dividend income as defined in section 1(h)(11)(B). This requirement is effective for dividends received by a partnership after December 31, 2002. |
| Notice 2004-4 (PDF, 40K) |
IRB #2004-2(HTML) |
Jan. 12, 2004 |
| This notice provides tables that show the amount of an individual’s income that is exempt from a notice of levy used to collect delinquent tax in 2004. |
| Notice 2004-3(PDF, 33K) |
IRB #2004-5(HTML) |
Feb. 2, 2004 |
| Weighted average interest rate update. The weighted average interest rate for January 2004 and the resulting permissible range of interest rates used to calculate current liability and to determine the required contribution are set forth. |
| Notice 2004-2 (PDF, 84K) |
IRB #2004-2(HTML) |
Jan. 12, 2004 |
| This notice provides basic information, in question and answer format, on Health Savings Accounts (HSAs). |
| Notice 2004-1 (PDF, 44K) |
IRB #2004-2(HTML) |
Jan. 12, 2004 |
| This notice clarifies that the new application process for an IRS Individual Taxpayer Identification Number (ITIN), which generally requires that the application be accompanied by the applicant’s completed tax return, constitutes compliance with regulations section 301.6109–1(d)(3)(ii). This notice also requests taxpayers to submit comments on the revised ITIN application process. |
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