2005 Notices That Provide Guidance
to Tax Professionals
These are Notices issued in IRS's weekly Internal Revenue Bulletin (IRB) that provide guidance to Tax Professionals.
Notices are either in HTML or in the Adobe Acrobat PDF format. Internal Revenue Bulletin Summary pages are in HTML format.
| Notices |
Bulletin |
Date of IRB |
 |
| |
| Notice 2005-93(HTML) |
IRB #2005-52(HTML) |
December 27, 2005 |
| Section 7216(a) of the Code: This notice contains a proposed revenue procedure that would provide guidance to tax return preparers regarding the format and content of consents to use and consents to disclose tax return information under proposed section 301.7216-3 of the regulations, which was filed with the Federal Register contemporaneously with the public release of this notice on December 7, 2005. The proposed revenue procedure would also provide specific requirements for electronic signatures when a taxpayer executes an electronic consent to the use or disclosure of the taxpayer's tax return information. |
| Notice 2005-91(HTML) |
IRB #2005-51(HTML) |
December 19, 2005 |
| Section 1361(c)(1)(D) of the Code: This notice informs taxpayers that guidance will be issued regarding the election to treat members of a family as a single S corporation shareholder provided in section 1361(c)(1) of the Code, which was created by the American Jobs Creation Act of 2004. Taxpayers may rely on guidance described in the notice until actual guidance is issued. |
| Notice 2005-81(HTML) |
IRB #2005-47(HTML) |
November 14, 2005 |
| Section 7508A of the Code: This notice provides guidance on certain excise tax provisions that were added or affected by the Energy Policy Act of 2005 and the Safe, Accountable, Flexible, Efficient Transportation Equity Act (SAFETEA). This notice also provides additional guidance relating to mechanical dye injection of diesel fuel and kerosene. Notice 2005-4 modified. |
| Notice 2005-76(HTML) |
IRB #2005-46(HTML) |
November 14, 2005 |
| Section 3402 of the Code: This notice provides new rules for determining the amount of income tax employers must withhold under section 3402 of the Code from wages paid for services performed by nonresident alien employees within the United States. The notice also provides new rules for use by nonresident alien employees in completing Form W-4, Employee's Withholding Allowance Certificate. The rules are effective with respect to wages paid on or after January 1, 2006. |
| Notice 2005-64(HTML) |
IRB #2005-36(HTML) |
September 6, 2005 |
| Section 965 of the Code: This is the third in a series of notices, including Notice 2005-10, 2005-6 I.R.B. 474, and Notice 2005-38, 2005-22 I.R.B. 1100, providing guidance on the one time dividends received deduction (DRD) under section 965 for certain cash dividends from controlled foreign corporations that are invested in the United States. This notice provides guidance with respect to the foreign tax credit and related issues under section 965, foreign currency translation, the alternative minimum tax, and the credit for prior year minimum tax. Notice 2005-10 clarified and Notice 2005-38 modified. |
| Notice 2005-62(HTML) |
IRB #2005-35(HTML) |
August 29, 2005 |
| Sections 6426(c), 6427(e), and 40A of the Code: This notice modifies Notice 2005-4, 2005-2 I.R.B 289, by revising the guidance relating to the Certificate for Biodiesel, which is required as a condition for claiming a credit or payment under sections 6426(c), 6427(e), and 40A of the Code. This notice also provides guidance on issues related to the credit or payment that are not addressed in Notice 2005-4. This notice further modifies Notice 2005-4 relating to the Certificate of Person Buying Aviation-Grade Kerosene for Commercial Aviation or Nontaxable Use, which is required to notify a position holder of certain transactions under sections 4081 and 4082. Notice 2005-4 modified. |
| Notice 2005-61(HTML) |
IRB #2005-39(HTML) |
September 26, 2005 |
| Section 129 of the Code: This notice clarifies that employers that amend their cafeteria plans to provide a grace period for dependent care assistance may continue to rely on the safe harbor in Notice 89-111, 1989-2 C.B. 449, and report salary reduction amounts elected by an employee for a calendar year on Form W-2. Notice 89-111 amplified. |
| Notice 2005-59(HTML) |
IRB #2005-35(HTML) |
August 29, 2005 |
| IRS's Industry Issue Resolution (IIR) Program: This notice provides information about additional criteria that will be applied in selecting proposals for the Internal Revenue Service's Industry Issue Resolution (IIR) program regarding application of accountable plan rules to specific industries. |
| Notice 2005-57(HTML) |
IRB #2005-32(HTML) |
August 8, 2005 |
| Section 1031 of the Code: Tobacco quota termination payments. This notice provides guidance in a Q&A format regarding the tax treatment of payments made to eligible tobacco quota holders for the termination of tobacco marketing quotas and related price support programs under the American Jobs Creation Act of 2004. Notice 2005-51 modified and superseded. |
| Notice 2005-53(HTML) |
IRB #2005-32(HTML) |
August 8, 2005 |
| Section 585(a)(2)(B) of the Code: This notice provides supplemental guidance for foreign banks concerning interest expense allocation. The notice also indicates that the Treasury Department and the IRS are evaluating foreign banking industry data to determine whether the 93-percent fixed ratio in step 2 of the interest expense allocation formula under regulations section 1.882-5 should be increased, and whether the fair market value election for valuing U.S. assets should require the use of the actual ratio in step 2. The notice also permits taxpayers who use the adjusted U.S. book liability method to calculate excess interest by reference to a published LIBOR rate rather than the taxpayer's actual non-U.S.-based dollar borrowing rate. |
| Notice 2005-52(PDF, 81K) |
IRB #2005-28(HTML) |
July 11, 2005 |
| Section 148 of the Code: This notice provides that, in the case of bonds subject to the 1989 regulations or the 1992 regulations, rebate payments must be filed at the same place designated by the Commissioner for bonds subject to section 1.148-3 of the regulations. |
| Notice 2005-51(PDF, 67K) |
IRB #2005-28(HTML) |
July 11, 2005 |
| Section 622 of the Fair and Equitable Tobacco Reform Act of 2004, Title VI of the American Jobs Creation Act of 2004, This notice provides guidance in a Q&A format regarding the tax treatment of payments made to eligible tobacco quota holders for the termination of tobacco marketing quotas and related price support programs under the American Jobs Creation Act of 2004. |
| Notice 2005-50(PDF, 91K) |
IRB #2005-27(HTML) |
July 5, 2005 |
| Section 35 of the Code: This notice provides guidance on miscellaneous issues that have arisen in the administration of the health coverage tax credit (HCTC) under section 35 of the Code. |
| Notice 2005-47(PDF, 73K) |
IRB #2005-26(HTML) |
June 27, 2005 |
| Section 10.35(b)(9) of Circular 230: This notice provides an interim definition of state or local bond opinions under section 10.35(b)(9) of Treasury Department Circular No. 230 and provides information relating to changes to the proposed requirements for state or local bond opinions that are under consideration. |
| Notice 2005-35(PDF, 28K) |
IRB #2005-21(HTML) |
May 23, 2005 |
| Section 7702 of the Code: Issuers of life insurance contracts that request to enter into a closing agreement with the Internal Revenue Service under Alternative B or C of Rev. Rul. 2005-6 may, in lieu of a paper submission, provide a CD-ROM diskette in read-only format listing the contracts that are the subject of the closing agreement. |
| Notice 2005-30(PDF, 86K) |
IRB #2005-14(HTML) |
April 4, 2005 |
| IRS's Frivolous Return Program: This notice sets out some of the most common frivolous arguments and schemes that taxpayers use to avoid their tax obligations. It also identifies civil and criminal penalties that the Service may impose against taxpayers who engage in abusive tax-avoidance schemes. Notice 2004-22 modified and superseded. |
| Notice 2005-25(PDF, 55K) |
IRB #2005-14(HTML) |
April 4, 2005 |
| 2005 - 2006 Guidance Priority List: Public comments are requested on recommendations for items that should be included on the 2005-2006 Guidance Priority List. Taxpayers may submit recommendations for guidance at any time during the year. Recommendations submitted by April 30, 2005, will be reviewed for possible inclusion on the original 2005-2006 Guidance Priority List. Recommendations received after April 30, 2005, will be reviewed for inclusion in the next periodic update. |
| Notice 2005-22(PDF, 88K) |
IRB #2005-12(HTML) |
March 21, 2005 |
| Sections 6111 and 6112 of the Code: This notice clarifies and modifies Notice 2004-80 to provide additional guidance for material advisors who are required to comply with sections 6111 and 6112 of the Code, as amended, and to grant an extension of time for material advisors to comply with the new filing requirements under section 6111 as previously provided in Notice 2004-80 and Notice 2005-17. Notices 2004-80 and 2005-17 clarified and modified. |
| Notice 2005-17(PDF, 40K) |
IRB #2005-8(HTML) |
February 22, 2005 |
| Sections 6111 and 6112 of the Code: This notice grants an extension of time of the transitional relief provided in Notice 2004-80, 2004-50 I.R.B. 963, for material advisors to comply with the new filing requirements under section 6111. Notice 2004-80 updated. |
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