Internal Revenue Bulletins  

2005 Revenue Procedures

A " Revenue Procedure" is an official statement of a procedure that affects the rights or duties of taxpayers or other members of the public under the Internal Revenue Code, related statutes, tax treaties, and regulations that should be a matter of public knowledge. They are issued only by the National Office and published in the Internal Revenue Bulletin for the information and guidance of taxpayers, Service personnel, and others concerned.

For more information about revenue procedures see Revenue Procedure 89-14, or, the Guide to Understanding the Differences Among Official IRS Documents.

Revenue Procedures are either in HTML or in the Adobe Acrobat PDF format. Internal Revenue Bulletin Summary pages are in HTML format.

Revenue Procedures Bulletin Date of IRB
Rev. Proc. 2005-78(HTML) IRB #2005-51(HTML) December 19, 2005
Optional standard mileage rates. This procedure announces 44.5 cents as the optional rate for deducting or accounting for expenses for business use of an automobile, 14 cents as the optional rate for use of an automobile as a charitable contribution, and 18 cents as the optional rate for use of an automobile as a medical or moving expense for 2006. Special rates apply to the charitable use of an automobile for the provision of relief related to Hurricane Katrina. The procedure also provides rules for substantiating the deductible expenses of using an automobile for business, moving, medical, or charitable purposes. Rev. Proc. 2004-64, as modified by Announcement 2005-71, superseded.
Rev. Proc. 2005-77(HTML) IRB #2005-51(HTML) December 19, 2005
This procedure amends the final withholding foreign partnership and withholding foreign trust agreements contained in Rev. Proc. 2003-64 by expanding the availability of simplified documentation, reporting and withholding procedures, which are currently available only if the withholding foreign partnership is a general partner of the partnership or the withholding foreign trust is a trustee of the trust. This procedure removes this relatedness requirement thus expanding the availability of the simplified procedures. This procedure also makes a conforming change to the portion of the Qualified Intermediary agreement contained in Rev. Proc. 2003-64. Rev. Proc. 2003-64 modified.
Rev. Proc. 2005-76(HTML) IRB #2005-50(HTML) December 12, 2005
Retroactive payment of benefits; multiemployer plan; discretionary relief; extension. This procedure extends the date by which certain qualified retirement plans must be in operational compliance with reforming plan amendments in order to be eligible for the treatment described in section 3.02 of Rev. Proc. 2005-23, 2005-18 I.R.B. 991, which relates to the Supreme Court decision in Central Laborers' Pension Fund v. Heinz, 541 U.S. 739 (2004). Rev. Proc. 2005-23 modified.
Rev. Proc. 2005-75(HTML) IRB #2005-50(HTML) December 12, 2005
This procedure provides guidance concerning when information shown on a return in accordance with the applicable forms and instructions will be adequate disclosure for purposes of reducing an understatement of income tax under sections 6662(d) and 6694(a) of the Code. Rev. Proc. 2004-73 updated.
Rev. Proc. 2005-74(HTML) IRB #2005-50(HTML) December 12, 2005
Substitute tax forms and schedules. Requirements are set forth for privately designed and printed federal tax forms and conditions under which the Service will accept computer prepared, and computer-generated tax forms and schedules. Rev. Proc. 2004-62 superseded.
Rev. Proc. 2005-73(HTML) IRB #2005-49(HTML) December 5, 2005
Insurance companies; discounted estimated salvage recoverable. The salvage discount factors are set forth for the 2005 accident year. These factors will be used to compute discounted estimated salvage recoverable under section 832 of the Code.
Rev. Proc. 2005-72(HTML) IRB #2005-49(HTML) December 5, 2005
Insurance companies; loss reserves; discounting unpaid losses. The loss payment patterns and discount factors are set forth for the 2005 accident year. These factors will be used to compute discounted unpaid losses under section 846 of the Code.
Rev. Proc. 2005-71(HTML) IRB #2005-47(HTML) November 21, 2005
This procedure modifies Rev. Proc. 2004-59, 2004-2 C.B. 678, to extend the sunset date for participation in the Voluntary Compliance Program from December 31, 2005, to March 31, 2006, and provides that no extensions will be granted beyond June 30, 2006. Rev. Proc. 2004-59 modified.
Rev. Proc. 2005-70(HTML) IRB #2005-47(HTML) November 21, 2005
Cost-of-living adjustments for 2006. This procedure sets forth the cost-of-living adjustments to certain items for 2006 as required under various provisions of the Code.
Rev. Proc. 2005-69(HTML) IRB #2005-44(HTML) October 31, 2005
General rules and specifications for private printing of substitute forms. This procedure provides requirements for reproducing paper substitutes and for furnishing substitute recipient statements for Forms 1096, 1098, 1099, 5498, W-2G, and 1042-S. It will be reproduced as the next revision of Publication 1179. Rev. Proc. 2004-58 superseded.
Rev. Proc. 2005-68(HTML) IRB #2005-41(HTML) October 11, 2005
This procedure provides guidelines for requesting expedited processing of letter ruling requests for certain reorganizations and for distributions under section 355 of the Code, and clarifies the requirement that a "significant issue" be present before the Service will rule on certain transactions. Rev. Procs. 2005-1 and 2005-3 amplified.
Rev. Proc. 2005-67(HTML) IRB #2005-42(HTML) October 17, 2005
Per diem allowances. This procedure provides optional rules for deeming substantiated the amount of certain business expenses of traveling away from home reimbursed to an employee or deductible by an employee or self-employed individual. Rev. Proc. 2005-10 superseded.
Rev. Proc. 2005-66(HTML) IRB #2005-37(HTML) September 12, 2005
Qualification; determination letters; staggered remedial amendment periods. This procedure contains the Service�s procedures for issuing determination letters pursuant to section 401(a) of the Code with respect to a staggered remedial amendment period system both for plans that are and are not pre-approved. Rev. Proc. 2000-27 modified and superseded. Notice 2001-42, Rev. Procs. 2005-6 and 2005-16, and Announcement 2005-36 modified.
Rev. Proc. 2005-65(HTML) IRB #2005-38(HTML) September 19, 2005
Specifications are set forth for the private printing of paper and laser-printed substitutes for tax year 2005 Form W-2, Wage and Tax Statement, and Form W-3, Transmittal of Wage and Tax Statements. Rev. Proc. 2004-54 superseded.
Rev. Proc. 2005-64(HTML) IRB #2005-36(HTML) September 6, 2005
This procedure provides the domestic asset/liability percentages and domestic investment yields needed by foreign life insurance companies and foreign property and liability insurance companies to compute their minimum effectively connected net investment income under section 842(b) of the Code for taxable years beginning after December 31, 2003.
Rev. Proc. 2005-63(HTML) IRB #2005-36(HTML) September 6, 2005
Time periods for requesting consent to change a method of accounting. For a taxpayer desiring consent to change a method of accounting provided for under certain regulations, this procedure waives the requirement to request consent within the time periods prescribed in those regulations provided the taxpayer requests consent in accordance with this procedure. Rev. Proc. 83-77 superseded.
Rev. Proc. 2005-62(HTML) IRB #2005-37(HTML) September 12, 2005
This procedure modifies, amplifies, and supersedes Rev. Proc. 2002-49, 2002-2 C.B. 172. Rev. Proc. 2005-62 extends the safe harbor provisions for certain investor-owned utility companies to recover transition costs through a legislatively authorized securitization mechanism to any utility company for the recovery of costs other than transition costs through such legislatively authorized securitization mechanisms. Additionally, this procedure clarifies that payments of principal and interest with respect to evidences of indebtedness in a utility�s securitization transaction for the recovery of transition or specified costs need not be exactly level. Rev. Proc. 2002-49 modified, amplified, and superseded
Rev. Proc. 2005-61(HTML) IRB #2005-37(HTML) September 12, 2005
This procedure amplifies Rev. Proc. 2005-3, 2005-1 I.R.B. 118, which sets forth areas of the Code in which the Service will not issue advance rulings or determination letters. The procedure provides that the Service will not issue advance rulings or determination letters involving the recovery of costs by any investor-owned public utility through a legislatively authorized securitization mechanism. Rev. Proc. 2005-3 amplified.
Rev. Proc. 2005-60(HTML) IRB #2005-35(HTML) August 29, 2005
The purpose of this procedure is to inform authorized IRS e-file providers of their obligations to the Service and to consolidate existing guidance. The procedure combines the rules governing IRS e-file, including the rules regulating Electronic Return Originators (EROs) that electronically file (1) Form 1040 and 1040A, U.S. Individual Income Tax Return, and Form 1040EZ, Income Tax Return for Single and Joint Filers With No Dependents, contained in Publication 1345, Handbook for Authorized IRS e-file Providers of Individual Income Tax Returns; (2) Form 940, Employer's Annual Federal Unemployment (FUTA) Tax Return, contained in Rev. Proc. 2001-9; and (3) Form 941, Employer's Quarterly Federal Tax Return, contained in Rev. Proc. 99-39. Rev. Procs. 99-39, 2000-31, and 2001-9 superseded.
Rev. Proc. 2005-59(HTML) IRB #2005-34(HTML) August 22, 2005
Sample testamentary charitable remainder unitrust (CRUT) with concurrent and consecutive interests for two measuring lives. This procedure contains a sample declaration of trust that meets the requirements under section 664 of the Code and 1.664-3 of the regulations for a testamentary charitable remainder unitrust with concurrent and consecutive interests for two measuring lives. This procedure also contains annotations to the sample trust and alternate provisions that may be integrated into the sample trust. Section 8 of Rev. Proc. 90-30 and section 9 of Rev. Proc. 90-31 superseded.
Rev. Proc. 2005-58(HTML) IRB #2005-34(HTML) August 22, 2005
Sample testamentary charitable remainder unitrust (CRUT) with consecutive interests for two measuring lives. This procedure contains a sample declaration of trust that meets the requirements under section 664 of the Code and 1.664-3 of the regulations for a testamentary charitable remainder unitrust with consecutive interests for two measuring lives. This procedure also contains annotations to the sample trust and alternate provisions that may be integrated into the sample trust. Section 7 of Rev. Proc. 90-30 and section 8 of Rev. Proc. 90-31 superseded.
Rev. Proc. 2005-57(HTML) IRB #2005-34(HTML) August 22, 2005
Sample testamentary charitable remainder unitrust (CRUT) for a term of years. This procedure contains a sample declaration of trust that meets the requirements under section 664 of the Code and 1.664-3 of the regulations for a testamentary charitable remainder unitrust with a term of years unitrust period. This procedure also contains annotations to the sample trust and alternate provisions that may be integrated into the sample trust.
Rev. Proc. 2005-56(HTML) IRB #2005-34(HTML) August 22, 2005
Sample testamentary charitable remainder unitrust (CRUT) for one measuring life. This procedure contains a sample declaration of trust that meets the requirements under section 664 of the Code and 1.664-3 of the regulations for a testamentary charitable remainder unitrust for one measuring life. This procedure also contains annotations to the sample trust and alternate provisions that may be integrated into the sample trust. Section 6 of Rev. Proc. 90-30 and section 7 of Rev. Proc. 90-31 superseded.
Rev. Proc. 2005-55(HTML) IRB #2005-34(HTML) August 22, 2005
Sample inter vivos charitable remainder unitrust (CRUT) with concurrent and consecutive interests for two measuring lives. This procedure contains a sample declaration of trust that meets the requirements under section 664 of the Code and 1.664-3 of the regulations for an inter vivos charitable remainder unitrust with concurrent and consecutive interests for two measuring lives. This procedure also contains annotations to the sample trust and alternate provisions that may be integrated into the sample trust. Section 5 of Rev. Proc. 90-30 and section 6 of Rev. Proc. 90-31 superseded.
Rev. Proc. 2005-54(HTML) IRB #2005-34(HTML) August 22, 2005
Sample inter vivos charitable remainder unitrust (CRUT) with consecutive interests for two measuring lives. This procedure contains a sample declaration of trust that meets the requirements under section 664 of the Code and 1.664-3 of the regulations for an inter vivos charitable remainder unitrust with consecutive interests for two measuring lives. This procedure also contains annotations to the sample trust and alternate provisions that may be integrated into the sample trust. Section 4 of Rev. Proc. 90-30 and section 5 of Rev. Proc. 90-31 superseded.
Rev. Proc. 2005-53(HTML) IRB #2005-34(HTML) August 22, 2005
Sample inter vivos charitable remainder unitrust (CRUT) for a term of years. This procedure contains a sample declaration of trust that meets the requirements under section 664 of the Code and 1.664-3 of the regulations for an inter vivos charitable remainder unitrust with a term of years unitrust period. This procedure also contains annotations to the sample trust and alternate provisions that may be integrated into the sample trust.
Rev. Proc. 2005-52(HTML) IRB #2005-34(HTML) August 22, 2005
Sample inter vivos charitable remainder unitrust (CRUT) for one measuring life. This procedure contains a sample declaration of trust that meets the requirements under section 664 of the Code and 1.664-3 of the regulations for an inter vivos charitable remainder unitrust for one measuring life. This procedure also contains annotations to the sample trust and alternate provisions that may be integrated into the sample trust. Rev. Proc. 89-20 and section 4 of Rev. Proc. 90-31 superseded.
Rev. Proc. 2005-51(HTML) IRB #2005-33(HTML) August 15, 2005
This procedure provides guidance to persons who may be required to pay certain penalties under sections 6662(h), 6662A, or 6707A of the Code, and who may be required under section 6707A(e) to disclose those penalties on reports filed with the Securities and Exchange Commission (SEC). The procedure describes the report on which the disclosures must be made, the information that must be disclosed, and the deadlines by which persons must make the disclosures on reports filed with the SEC in order to avoid additional penalties under section 6707A(e).
Rev. Proc. 2005-50(HTML) IRB #2005-31(HTML) August 8, 2005
This procedure prescribes how an eligible educational institution may obtain automatic consent from the Service to change its method of reporting under section 6050S of the Code and section 1.6050S-1 of the regulations. For calendar years beginning after December 31, 2003, an eligible educational institution must elect to report either the aggregate amount of payments received, or the aggregate amount billed, for qualified expenses during the calendar year for students enrolled for any academic period. Section 1.6050S-1(b)(1) provides that once an eligible educational institution elects to report either amounts billed, or payments received, it must continue to use the same method of reporting for all subsequent calendar years for which it is required to file information returns, and furnish information statements, unless permission is granted to change its reporting method. An eligible educational institution that complies with all of the conditions and procedures of this revenue procedure has obtained consent to change its method of reporting as required by section 1.6050S-1(b)(1).
Rev. Proc. 2005-49(HTML) IRB #2005-31(HTML) August 1, 2005
Electronic filing; magnetic media; 2005 form specifications. This procedure contains updates and changes to Publication 1220, Specifications for Filing Forms 1098, 1099, 5498 and W-2G Electronically or Magnetically. Rev. Proc. 2004-50 superseded.
Rev. Proc. 2005-48(HTML) IRB #2005-31(HTML) August 8, 2005
This procedure provides the maximum vehicle values using the special valuation rules under sections 1.61-21(d) and (e) of the regulations. These values are indexed for inflation and must be adjusted annually by referring to the Consumer Price Index (CPI).
Rev. Proc. 2005-47(HTML) IRB #2005-32(HTML) August 8, 2005
This procedure provides automatic consent procedures for certain taxpayers to change their method of accounting for credit card cash advance fees to treat these fees as creating or increasing OID on a pool of credit card loans that includes the cash advances that give rise to these fees. The procedure also sets forth the conditions under which the Commissioner will not challenge a taxpayer�s treatment of such fees. Rev. Proc. 2002-9 modified and amplified.
Rev. Proc. 2005-46(HTML) IRB #2005-30(HTML) July 25, 2005
This procedure prescribes the procedure to be followed with respect to the claiming of any setoffs to adjustments proposed by the Commissioner pursuant to section 482 of the Code. Rev. Proc. 70-8 modified.
Rev. Proc. 2005-45(HTML) IRB #2005-30(HTML) July 25, 2005
This procedure provides that a list of rural airports published by the U.S. Department of Transportation, Office of the Secretary of Transportation, may be relied upon to determine whether an airport is a "rural airport" as defined in section 4261(e)(1)(B) of the Code, for purposes of the exception from tax on the amount paid for a domestic segment of taxable transportation by air. Rev. Proc. 98-18 obsoleted.
Rev. Proc. 2005-44(PDF, 82K) IRB #2005-29(HTML) July 18, 2005
This procedure obsoletes Rev. Procs. that describe the representations that a nonresident alien student, teacher, or researcher at a university must make to claim an exemption from withholding tax on personal services income under the provisions of specific U.S. income tax treaties. Rev. Procs. 87�8, 87�9, and 93�22 obsoleted.
Rev. Proc. 2005-43(PDF, 84K) IRB #2005-29(HTML) July 18, 2005
This procedure explains how a taxpayer may elect not to treat qualified New York Liberty Zone leasehold improvement property as 5-year property for purposes of section 168. This procedure also excludes a certain change in computing depreciation from the automatic change in method of accounting procedure. Rev. Proc. 2002�9 modified and amplified.
Rev. Proc. 2005-42(HTML) IRB #2005-30(HTML) July 25, 2005
Publication 1245 is revised for tax year 2005. Follow the specifications in this revenue procedure when submitting Form W-4 electronically or magnetically. Rev. Proc. 2001-16 superseded.
Rev. Proc. 2005-41(PDF, 174K) IRB #2005-29(HTML) July 18, 2005
This procedure contains revisions to Publication 1239, Specifications for Filing Form 8027, Employer�s Annual Information Return of Tip Income and Allocated Tips, Electronically or Magnetically (revised 6�2005). Rev. Proc. 2000�49 superseded.
Rev. Proc. 2005-40(PDF, 73K) IRB #2005-28(HTML) July 11, 2005
This procedure provides issuers of state or local bonds subject to Code section 148(f)(3) and regulations section 1.148�3(g) with procedures for correcting a failure to timely pay the proper amount of arbitrage rebate. The procedure also modifies Rev. Proc. 90�11, 1990�1 C.B. 469, which provides similar procedures for bonds subject to regulations section 1.148�1T. The modification provides a new address for filing late rebate payments and related requests. Rev. Proc. 90�11 modified.
Rev. Proc. 2005-39(PDF, 120K) IRB #2005-28(HTML) July 11, 2005
This procedure updates Rev. Rul. 82�29 to allow corporate officers or authorized agents to sign additional employment tax related documents using alternative signature methods. Rev. Rul. 82�29 modified and clarified.
Rev. Proc. 2005-38(PDF, 60K) IRB #2005-28(HTML) July 11, 2005
This procedure describes how taxpayers may seek administrative relief when the Service has assessed interest for periods during which interest should have been suspended under section 6404(g) of the Code.
Rev. Proc. 2005-37(PDF, 77K) IRB #2005-28(HTML) July 11, 2005
This procedure establishes a safe harbor under which housing credit agencies and project owners may meet the requirements of section 42(h)(6)(B)(i) of the Code as described in Q&A-5 of Rev. Rul. 2004�82, 2004�35 I.R.B. 350, concerning extended low-income housing commitments.
Rev. Proc. 2005-36(PDF, 143K) IRB #2005-28(HTML) July 11, 2005
This procedure publishes the amounts of unused housing credit carryovers allocated to qualified states under section 42(h)(3)(D) of the Code for calendar year 2005.
Rev. Proc. 2005-35(PDF, 81K) IRB #2005-28(HTML) July 11, 2005
For federal income tax purposes, if certain conditions are satisfied, a utility may treat an up-front payment for network upgrades as not being taxable income under section 61 when received. Rev. Proc. 2002�9 modified and amplified.
Rev. Proc. 2005-34(PDF, 81K) IRB #2005-24(HTML) June 13, 2005
This procedure sets forth updated procedures for appeals of proposed trust fund recovery penalty assessments arising under section 6672 of the Code. The procedures apply to trust fund recovery penalty cases relating to employment and excise taxes imposed under the Code, except when collection is in jeopardy. Rev. Proc. 84-78 superseded.
Rev. Proc. 2005-33(PDF, 96K) IRB #2005-24(HTML) June 13, 2005
This procedure provides guidance on exhausting administrative remedies prior to seeking a declaratory judgment pursuant to section 7479 of the Code.
Rev. Proc. 2005-32(PDF, 73K) IRB #2005-23(HTML) June 6, 2005
This procedure provides guidance on when an IRS examination is considered closed, when a closed examination may be reopened (to include reinspecting a taxpayer�s books of account), and who may approve a reopening. The procedure also describes by category certain IRS contacts with taxpayers and other actions taken as to taxpayers that are not examinations, inspections of books of account, or reopenings. Rev. Proc. 94-68 modified and superseded.
Rev. Proc. 2005�31(PDF, 91K) IRB #2005-26(HTML) June 27, 2005
This procedure provides safe harbors for determining the finality of the adoption of eligible foreign-born children for purposes of the adoption credit and the exclusion for employer-provided assistance for qualified adoption expenses. The expenses of a re-adoption proceeding may be qualified adoption expenses. Notice 2003�15 modified and superseded.
Rev. Proc. 2005-30(PDF, 182K) IRB #2005-22(HTML) May 31, 2005
This procedure extends the time for issuing authorities to make a carryforward election of unused private activity bond volume cap under section 146(f) of the Code, provided that the issuing authority meets the requirements of the revenue procedure.
Rev. Proc. 2005-29(PDF, 335K) IRB #2005-22(HTML) May 31, 2005
This procedure contains the latest revision of Publication 1516, Specifications for Filing Form 8596, Electronically or Magnetically.
Rev. Proc. 2005-28(PDF, 44K) IRB #2005-21(HTML) May 23, 2005
This procedure provides the mechanism by which taxpayers may choose to forgo the normally required private letter ruling for switching from the fair market value method to the alternative tax book value method, within a certain limited time period. Section 864(e)(2) requires that interest expense be apportioned on the basis of assets for purposes of computing foreign source taxable income. Taxpayers may elect to compute the value of assets on the basis of fair market value or tax book value. In March 2004, Treasury and the IRS issued temporary and proposed regulations that contained a third method for determining the value of assets, the "alternative tax book value method."
Rev. Proc. 2005-27(PDF, 195K) IRB #2005-20(HTML) May 16, 2005
This procedure provides an updated list of time-sensitive acts, the performance of which may be postponed under sections 7508 and 7508A of the Code. Section 7508 postpones specified acts for individuals serving in the Armed Forces of the United States or serving in support of such Armed Forces in a combat zone. Section 7508A of the Code permits a postponement of specified acts for taxpayers affected by a Presidentially declared disaster or a terroristic or military action. The list of acts in this procedure supplements the list of postponed acts in section 7508(a)(1) of the Code and section 301.7508A-1(b) of the regulations. Rev. Proc. 2004-13 superseded.
Rev. Proc. 2005-26(PDF, 69K) IRB #2005-17(HTML) April 25, 2005
In this procedure, the IRS provides guidance relating to section 6501(c)(10) of the Code, which provides for an extended period of limitations to assess any tax with respect to a listed transaction that a taxpayer failed to disclose as required under section 6011. It sets forth procedures that taxpayers and material advisors may follow to disclose previously undisclosed listed transactions for purposes of section 6501(c)(10) and guidance on the date on which the period of limitations will expire if these procedures are followed.
Rev. Proc. 2005-25(PDF, 74K) IRB #2005-17(HTML) April 25, 2005
Fair market value; distributions; qualified retirement plans. This procedure provides guidance, including examples, of how fair market value may be determined in the instance of distributions from qualified retirement plans as well as under sections 79 and 83 of the Code. Rev. Proc. 2004-16 modified and superseded.
Rev. Proc. 2005-24(PDF, 61K) IRB #2005-16(HTML) April 18, 2005
This procedure provides a safe harbor procedure under which the Service will disregard a spousal right of election for purposes of determining whether the CRAT or CRUT meets the requirements of section 664(d)(1)(B) or (d)(2)(B) of the Code continuously since its creation if the spouse irrevocably waives the right of election in the manner prescribed.
Rev. Proc. 2005-23(PDF, 78K) IRB #2005-18(HTML) May 2, 2005
Retroactive payment of benefits; remedial amendment period; determination letters. This document contains procedures to limit the retroactive application of the decision in Central Laborers� Pension Fund v. Heinz, 124 S.Ct. 2230 (2004), for affected retirement plans qualified under section 401(a) of the Code.
Rev. Proc. 2005-22(PDF, 47K) IRB #2005-15(HTML) April 11, 2005
Qualified mortgage bonds; mortgage credit certificates; national median gross income. Guidance is provided concerning the use of the national and area median gross income figures by issuers of qualified mortgage bonds and mortgage credit certificates in determining the housing cost/income ratio described in section 143(f) of the Code. Rev. Proc. 2004-24 obsoleted.
Rev. Proc. 2005-21(PDF, 1.3M) IRB #2005-16(HTML) April 18, 2005
This procedure provides general rules and specifications from the Service for paper and computer-generated substitutes of the extensively revised January 2005 versions of Form 941, Employer�s Quarterly Federal Tax Return, and Schedule B (Form 941), Report of Tax Liability for Semiweekly Schedule Depositors. Rev. Proc. 2005-21 will be reproduced as Publication 4436, General Rules and Specifications for Substitute Form 941 and Schedule B (Form 941).
Rev. Proc. 2005-20(PDF, 51K) IRB #2005-18(HTML) May 2, 2005
This procedure describes how a regulated investment company (RIC) that holds a partnership interest is treated. A RIC that is a consenting partner in a partnership, that has in effect a monthly closing election under Rev. Proc. 2003-84, 2003-2 C.B. 1159, is treated as if directly invested in the assets held by the partnership. Rev. Proc. 2003-32 amplified and superseded.
Rev. Proc. 2005-19(PDF, 43K) IRB #2005-14(HTML) April 4, 2005
The Service, as a matter of administrative convenience, has established that certain truck body type classifications satisfy the weight-based exclusion provided in section 4051(a)(2) of the Code.
Rev. Proc. 2005-18(PDF, 95K) IRB #2005-13(HTML) March 28, 2005
This document provides procedures for making, withdrawing, or otherwise identifying deposits under new section 6603 of the Code to suspend the running of interest under section 6601 on potential underpayments of tax. Section 6603 was added to the Code by the American Jobs Creation Act of 2004. The procedure also invites comments from the public regarding rules and standards relating to new section 6603. Rev. Proc. 84-58 superseded.
Rev. Proc. 2005-17(PDF, 82K) IRB #2005-13(HTML) March 28, 2005
This procedure modifies Rev. Proc. 2005-9 to waive the 5-year prior change scope limitation for taxpayers seeking the Commissioner�s automatic consent to change a method of accounting for the costs of acquiring or creating intangibles. Rev. Proc. 2005-9 modified.
Rev. Proc. 2005-16(PDF, 288K) IRB #2005-10(HTML) March 7, 2005
This document contains revised procedures for pre-approved plans (master and prototype plans and volume submitter plans). It also provides that the Service will accept applications for opinion and advisory letters beginning February 17, 2005, and ending January 31, 2006, for defined contribution pre-approved plans that take into account the requirements of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) as well as other changes in qualification requirements and guidance. The Service has published a Cumulative List (Notice 2004-84, 2004-52 I.R.B. 1030) reflecting such changes. The List is intended to be used primarily by plan sponsors and practitioners in drafting defined contribution pre-approved plans for their first submission under this procedure. Rev. Proc. 2000-20 modified and superseded. Rev. Procs. 2005-6 and 2005-8 and Announcement 2001-77 modified.
Rev. Proc. 2005-15(PDF, 115K) IRB #2005-9(HTML) February 28, 2005
This procedure provides issuers of qualified mortgage bonds and qualified mortgage credit certificates with average area purchase price safe-harbors for statistical areas in the United States and with a nationwide average purchase price for residences in the United States for purposes of the mortgage revenue bond rules under section 143 of the Code (and the mortgage credit certificate rules under section 25). Rev. Proc. 2004-18 obsoleted in part.
Rev. Proc. 2005-14(PDF, 77K) IRB #2005-7(HTML) February 14, 2005
Like-kind exchange of a principal residence. This procedure provides guidance on applying the exclusion of gain from the sale or exchange of a principal residence under section 121 of the Code and the nonrecognition of gain from the exchange of like-kind property under section 1031 to a single exchange of property.
Rev. Proc. 2005-13(PDF, 127K) IRB #2005-12(HTML) March 21, 2005
Automobile owners and lessees. This procedure provides owners and lessees of passenger automobiles (including trucks, vans, and electric automobiles) with tables detailing the limitations on depreciation deductions for passenger automobiles first placed in service during calendar year 2005 and the amounts to be included in income for passenger automobiles first leased during calendar year 2005.
Rev. Proc. 2005-12(PDF, 117K) IRB #2005-2(HTML) January 10, 2005
This procedure permits a taxpayer under the jurisdiction of the Large and Mid-Size Business Division (LMSB) to enter into an LMSB Pre-Filing Agreement (PFA), an agreement that determines certain issues before the taxpayer files any return relating to those issues. This procedure expands the scope of the current PFA program. Rev. Proc. 2001-22 superseded.
Rev. Proc. 2005-11(PDF, 90K) IRB #2005-2(HTML) January 10, 2005
This procedure provides a safe harbor that certain institutions of higher education and certain affiliated organizations can use in applying the exception for services performed by students provided under section 3121(b)(10) of the Code. Rev. Proc. 98-16 modified and superseded.
Rev. Proc. 2005-10(PDF, 141K) IRB #2005-3(HTML) January 18, 2005
Per diem allowances. This procedure provides optional rules for deeming substantiated the amount of certain reimbursed traveling expenses of an employee as well as determining the amount of deductible meal and incidental expenses while traveling away from home. It updates Rev. Proc. 2004-60, 2004-42 I.R.B. 682, to revise the high-low substantiation method to conform to changes in the per diem rates made by the General Services Administration. Rev. Proc. 2004-60 superseded.
Rev. Proc. 2005-9(PDF, 74K) IRB #2005-2(HTML) January 10, 2005
This document provides administrative procedures under which a taxpayer may obtain automatic consent to change to a method of accounting provided in sections 1.263(a)-4, 1.263(a)-5, and 1.167(a)-3(b) of the regulations for the taxpayer�s second taxable year ending on or after December 31, 2003. Rev. Proc. 2002-9 modified and amplified.
Rev. Proc. 2005-8(PDF, 140K) IRB #2005-1(HTML) January 3, 2005
User fees for employee plans and exempt organizations. Up-to-date guidance for complying with the user fee program of the Service as it pertains to requests for letter rulings, determination letters, etc., on matters under the jurisdiction of the Office of the Division Commissioner, Tax Exempt and Government Entities, is provided. Rev. Proc. 2004-8 superseded.
Rev. Proc. 2005-7(PDF, 59K) IRB #2005-1(HTML) January 3, 2005
Areas in which rulings will not be issued; Associate Chief Counsel (International). This procedure revises the list of those provisions of the Code under the jurisdiction the Associate Chief Counsel (International) relating to matters where the Service will not issue rulings or determination letters. Rev. Proc. 2004-7 superseded.
Rev. Proc. 2005-6(PDF, 299K) IRB #2005-1(HTML) January 3, 2005
Employee plans determination letters. Revised procedures are provided for issuing determination letters on the qualified status of employee plans under sections 401(a), 403(a), 409, and 4975 of the Code. Rev. Proc. 2004-6 superseded.
Rev. Proc. 2005-5(PDF, 246K) IRB #2005-1(HTML) January 3, 2005
Technical advice. Revised procedures are provided for furnishing technical advice to area managers and appeals offices by the Office of the Division Commissioner, Tax Exempt and Government Entities, regarding issues in the employee plans area (including actuarial matters) and in the exempt organizations area. Rev. Proc. 2004-5 superseded.
Rev. Proc. 2005-4(PDF, 311K) IRB #2005-1(HTML) January 3, 2005
Rulings and information letters; issuance procedures. Revised procedures are provided for furnishing ruling letters, information letters, etc., on 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. 2004-4 superseded.
Rev. Proc. 2005-3(PDF, 142K) IRB #2005-1(HTML) January 3, 2005
Areas in which rulings will not be issued (domestic areas). This procedure provides a revised list of those provisions the Code under the jurisdiction of the Associates Chief Counsel (Corporate, Financial Institutions and Products, Income Tax and Accounting, Passthroughs and Special Industries, and Procedure and Administration), and the Division Counsel/Associate Chief Counsel (Tax Exempt and Government Entities) relating matters on which the Service will not issue rulings or determination letters. Rev. Proc. 2004-3 superseded.
Rev. Proc. 2005-2(PDF, 272K) IRB #2005-1(HTML) January 3, 2005
Technical advice and technical expedited advice. This procedure explains when and how the Associate Chief Counsel Corporate), Associate Chief Counsel (Financial Institutions and Products), Associate Chief Counsel (Income Tax and Accounting), Associate Chief Counsel (International), Associate Chief Counsel (Passthroughs and Special Industries), Associate Chief Counsel (Procedure and Administration), and Division Counsel/Associate Chief Counsel (Tax Exempt and Government Entities) issue technical advice memoranda (TAMs) and technical expedited advice memoranda (TEAMs) to a director or an appeals area director. It also explains the rights a taxpayer has when a field office requests technical advice or technical expedited advice regarding a tax matter. Rev. Proc. 2004- superseded.
Rev. Proc. 2005-1(PDF, 550K) IRB #2005-1(HTML) January 3, 2005
Letter rulings, information letters and determination letters. This procedure contains revised procedures for letter rulings and information letters issued by the Associate Chief Counsel (Corporate), Associate Chief Counsel (Financial Institutions and Products), Associate Chief Counsel (Income Tax and Accounting), Associate Chief Counsel (International), Associate Chief Counsel (Passthroughs and Special Industries), Associate Chief Counsel (Procedure and Administration), and Division Counsel/Associate Chief Counsel (Tax Exempt and Government Entities). This procedure also contains revised procedures for determination letters issued by the Large and Mid-Size Business Division, Small Business/Self-Employed Division, Wage and Investment Division, and Tax Exempt and Government Entities Division. Rev. Proc. 2004-1 superseded.

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