Publication 939 |
2001 Tax Year |
Requesting a Ruling on Taxation of Annuity
If you are a retiree, or the survivor of an employee or retiree,
you may ask the Internal Revenue Service to help you determine the
taxation of your annuity. If you make this request, you are asking for
a ruling.
User fee.
Under the law in effect at the time this publication went to print,
the IRS must charge a user fee for all ruling requests. You should
call the IRS for the proper fee.
A request solely for the amount of the death benefit exclusion or
for the value of the refund feature is not treated as a ruling request
and requires no fee. Also, if your annuity starting date is before
January 1, 1987, and your contract has a refund feature, you may
request help to determine the value of the refund feature without
requesting a ruling.
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Send your request to:
Internal Revenue Service
Attention: CP:E:EP
P. O. Box 14073
Ben Franklin Station
Washington, D. C. 20044 |
The user fee is allowed as a miscellaneous itemized deduction,
subject to the 2%-of-adjusted-gross-income limit.
When to make the request.
Please note that requests sent between February 1 and April 15 may
experience some delay. We process requests in the order received, and
we will reply to your request as soon as we can process it. If you do
not receive your ruling by the required filing date, you may file Form
4868, Application for Automatic Extension of Time To File U.S.
Individual Income Tax Return.
Information you must furnish.
You must furnish the information listed below so the IRS can comply
with your request. Failure to furnish the information will result in a
delay in processing your request. Please send only copies of the
following documents, as the IRS retains all material sent for its
records:
- A letter explaining the question(s) you wish to have
resolved or the information you need from the ruling.
- Copies of any documents showing distributions, annuity
rates, and annuity options available to you.
- A copy of any Form 1099-R you received since your
annuity began.
- A statement indicating whether you have filed your return
for the year for which you are making the request. If you have
requested an extension of time to file that return, please indicate
the extension date.
- Your daytime phone number.
- Your current mailing address.
- A power of attorney if someone other than you, an attorney,
a certified public accountant, or an enrolled agent is signing this
request. Form 2848, Power of Attorney and Declaration of
Representative, may be used for this purpose.
- A completed Tax Information Sheet (or facsimile)
shown on the next page. Sign and date the Disclosure and Perjury
Statement (or facsimile) at the end of the tax information
sheet. This statement must be signed by the retiree or the survivor
annuitant. It cannot be signed by a representative.
Tax Information Sheet
Tax Information Sheet
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