1998 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 For example, "notices" can be used to relate what regulations will say in situations where the regulations may not be published in the immediate future.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 98-67(PDF, 13K) |
IRB #1998-52(HTML) |
Dec. 28, 1998 |
| Early closing of courier's desk. Guidance is provided for when the Courier's Desk at the national office of the Service closes early on the last day prescribed for filing an application to change an accounting method or accounting period with the national office. |
| Notice 98-66(PDF, 17K) |
IRB #1998-52(HTML) |
Dec. 28, 1998 |
| Qualified Funeral Trusts. This notice provides information and guidance on amendments make by the Internal Revenue Service Restructuring and Reform Act of 1998 to the Qualified Funeral Trust (QFT) provisions of section 685 of the Code. |
| Notice 98-65(PDF, 34K) |
IRB #1998-52(HTML) |
Dec. 28, 1998 |
| Advance Pricing Agreements. Special procedures for small business taxpayers to obtain Advance Pricing Agreements are finalized. Rev. Proc. 96-53 modified. |
| Notice 98-64(PDF, 14K) |
IRB #1998-52(HTML) |
Dec. 28, 1998 |
| Weighted average interest rate update. The weighted average interest rate for December 1998 and the resulting permissible range of interest rates used to calculate current liability for purposes of the full funding limitation of section 41 2(c)(7) of the Code are set forth. |
| Notice 98-63(PDF, 27K) |
IRB #1998-51(HTML) |
Dec. 21, 1998 |
| Return preparers; identifying numbers. Individual income tax return preparers are reminded that, until the Service implements a system of providing alternative identifying numbers, they must continue to provide their social security numbers on returns and claims for refund prepared by them to satisfy the identifying number requirement of section 6109 of the Code. |
| Notice 98-62(PDF, 22K) |
IRB #1998-51(HTML) |
Dec. 21, 1998 |
| The Service has the option of serving a continuous levy under section 6331 (h) of the Code, although no levies have been served at this time. When such levies are served in the future, procedures will require that they be identified as section 6331 (h) levies. |
| Notice 98-61(PDF, 34K) |
IRB #1998-51(HTML) |
Dec. 21, 1998 |
| Innocent spouse equitable relief. Interim guidance is provided for taxpayers seeking equitable relief from federal tax liability under section 6015(0 or 66(c) of the Code. |
| Notice 98-60(PDF, 13K) |
IRB #1998-49(HTML) |
Dec. 7, 1998 |
| This notice provides tables which show the amount of an individual's income that is exempt from a notice of levy used to collect delinquent tax in 1999. |
| Notice 98-59(PDF, 9K) |
IRB #1998-49(HTML) |
Dec. 7, 1998 |
| Information reporting; Hope Credit; lifetime learning credit. Educational institutions are informed that the Service will not require information returns to be filed under section 6050S of the Code for 1998 or 1999 to report tuition received with respect to students taking only noncredit courses. Also, no reporting is required for 1998 or 1999 with respect to tuition paid by nonresident alien students, unless requested by the student. |
| Notice 98-58(PDF, 22K) |
IRB #1998-49(HTML) |
Dec. 7, 1998 |
| Administrative appeal of adverse determination of tax-exempt status of bond issue. This notice provides a proposed revenue procedure that, when finalized, will provide the procedures for issuers to request an administrative appeal of an adverse determination by the Employee Plans/Exempt Organizations Key District that interest on their debt obligations is not excludable from gross income under section 103 of the Code. Beginning December 7, 1998, issuers may use the procedures set forth in the proposed revenue procedure until it is finalized. Comments are welcome. |
| Notice 98-57(PDF, 40K) |
IRB #1998-47(HTML) |
Nov. 23, 1998 |
| Identification of census tracts in District of Columbia Enterprise Zone. This notice provides the identification of those census tracts in the District of Columbia constituting the District of Columbia Enterprise Zone for purposes of section 1400 of the Code and the DC Zone for purposes of section 1400B. |
| Notice 98-56(PDF, 16K) |
IRB #1998-47(HTML) |
Nov. 23, 1998 |
| Weighted average interest rate update. The weighted average interest rate for November 1998 and the resulting permissible range of interest rates used to calculate current liability for purposes of the full funding limitation of section 41 2(c)(7) of the Code are set forth. |
| Notice 98-55(PDF, 24K) |
IRB #1998-46(HTML) |
Nov. 16, 1998 |
| Qualified offer rule. Public comment is requested on several issues raised by the recently enacted qualified offer rule regarding the award of reasonable administrative and litigation costs to a taxpayer in connection with an administrative or court proceeding. |
| Notice 98-54(PDF, 22K) |
IRB #1998-46(HTML) |
Nov. 16, 1998 |
| Information reporting; qualified student loan interest. Taxpayers are informed that the Service and Treasury are extending the application 07, 1998-3 I.R.B. 54, to information reporting required under section 6050S of the Code for 1999. Further, no reporting is required with respect to "mixed use" loans. |
| Notice 98-53(PDF, 21K) |
IRB #1998-46(HTML) |
Nov. 16, 1998 |
| Retirement plans; 1999 section 415(d) limitations. Cost-of-living adjustments effective January 1, 1999, 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" are set forth. |
| Notice 98-52(PDF, 57K) |
IRB #1998-46(HTML) |
Nov. 16, 1998 |
| Nondiscriminatory safe harbors; ADP test; ACID test. This notice provides guidance on the safe harbor methods contained in sections 401 (k)(1 2) and 401 (m)(1 1) of the Code for satisfying the nondiscrimination tests contained in sections 401 (k) and 401 (m) for plan years beginning after December 31, 1998. |
| Notice 98-51(PDF, 18K) |
IRB #1998-44(HTML) |
Nov. 2, 1998 |
| Weighted average interest rate update. The weighted average interest rate for October 1998 and the resulting permissible range of interest rates used to calculate current liability for purposes of the full funding limitation of section 412(c)(7) of the Code are set forth. |
| Notice 98-50(PDF, 27K) |
IRB #1998-44(HTML) |
Nov. 2, 1998 |
| Roth IRAs; recharacterizations; conversions. This notice sets forth examples and a proposed rule with respect to the recharacterization and reconversion of amounts converted from a traditional IRA to a Roth IRA. |
| Notice 98-49(PDF, 29K) |
IRB #1998-38(HTML) |
Sept. 21, 1998 |
| Section 408A; Roth IRAs, reporting requirements. This notice describes certain reporting requirements for Roth IRAs as described in section 408A of the Code and certain changes to IRAs contained in the Internal Revenue Service Restructuring and Reform Act of 1998. Notice 87-13 and Notice 87-16 modified. |
| Notice 98-48(PDF, 8K) |
IRB #1998-39(HTML) |
Sept. 28, 1998 |
| Weighted average interest rate update. The weighted average interest rate for September 1998 and the resulting permissible range of interest rates used to calculate current liability for purposes of the full funding limitation of section 412(c)(7) of the Code are set forth. |
| Notice 98-47(PDF, 16K) |
IRB #1998-37(HTML) |
Sept. 14, 1998 |
| Timely filing or payment; private delivery services. An updated list of designated private delivery services is provided for purposes of section 7502 of the Code. The list remains unchanged from the lists published in Notice 97-50, 1997-37 I.R.B. 21 and Notice 97-26, 1997-1 I.R.B. 413. |
| Notice 98-46(PDF, 16K) |
IRB #1998-36(HTML) |
Sept. 8, 1998 |
| Information reporting; Hope Scholarship Credit; Lifetime Learning Credit. Taxpayers are informed that the Service and Treasury are extending the application of Notice 97-73, 1997-51 I.R.B. 16, to information reporting required under section 6050S of the Code for 1999. |
| Notice 98-45(PDF, 19K) |
IRB #1998-35(HTML) |
Aug. 31, 1998 |
| Definition of former Indian reservation in Oklahoma. This notice provides the definition of "former Indian reservations in Oklahoma" for purposes of section 168(j)(6) of the Code, as amended by the Taxpayer Relief Act of 1997. |
| Notice 98-44(PDF, 24K) |
IRB #1998-34(HTML) |
Aug. 24, 1998 |
| Weighted average interest rate update. This notice sets forth for determining for August 1998 the weighted average interest rate and the resulting permissible range of interest rates used to calculate current liability for purposes of the full funding limitation of section 412(c)(7) of the Code as amended by the Omnibus Budget Reconciliation Act of 1987 and by the Uruguay Round Agreements Act (GATT). |
| Notice 98-43(PDF, 26K) |
IRB #1998-33(HTML) |
Aug. 17, 1998 |
| Tax Court review of worker classification and section 530 determinations. This notice describes new procedures that the Service has implemented to comply with new section 7436 of the Code. |
| Notice 98-42(PDF, 23K) |
IRB #1998-33(HTML) |
Aug. 17, 1998 |
| 1998 marginal production rates. This notice announces the applicable percentage to be used in determining percentage depletion for marginal properties for the 1998 calendar year. |
| Notice 98-41(PDF, 14K) |
IRB #1998-33(HTML) |
Aug. 17, 1998 |
| 1998 enhanced oil recovery credit. The enhanced oil recovery credit for taxable years beginning in the 1998 calendar year is determined without regard to the phase-out for crude oil price increases provided in section 43(b) of the Code. |
| Notice 98-40(PDF, 16K) |
IRB #1998-35(HTML) |
Aug. 31, 1998 |
| Consolidated income tax returns. Treasury and the Service intend to issue regulations under section 1502 of the Code permitting taxpayers to elect not to apply the overall foreign loss provisions under section 1.1502-9T of the Income Tax Regulations to consolidated return years beginning before January 1, 1998. The notice also provides guidance on how taxpayers can make the election. |
| Notice 98-39(PDF, 23K) |
IRB #1998-33(HTML) |
Aug. 17, 1998 |
| Church plans; nondiscrimination; safe harbors. This notice extends the effective date of the applicable nondiscrimination regulations for certain church plans. |
| Notice 98-38(PDF, 17K) |
IRB #1998-34(HTML) |
Aug. 24, 1998 |
| SRLY notice. The Treasury Department and the Service are considering an approach to simplify Separate Return Limitation Year (SRLY) rules applicable to consolidated groups. Comments are requested about the advisability of adopting this approach. The new approach would base the SRLY limitation on an expectation of the amount of income to be generated using the methodology of section 382 of the Code. |
| Notice 98-37(PDF, 13K) |
IRB #1998-30(HTML) |
July 27, 1998 |
| Weighted average interest rate update. Guidelines are set forth for determining for July 1998, the weighted average interest rate and the resulting permissible range of interest rates used to calculate current liability for purposes of the full funding limitation of section 412(c)(7) of the Code as amended by the Omnibus Budget Reconciliation Act of 1987 and by the Uruguay Round Agreements Act (GATT). |
| Notice 98-36(PDF, 14K) |
IRB #1998-29(HTML) |
July 20, 1998 |
| T.D. 8685, 1996-2 C.B. 174, relating to the deposit of excise taxes, is amended. |
| Notice 98-35(PDF, 31K) |
IRB #1998-27(HTML) |
July 6, 1998 |
| This notice announces that Treasury and the Service will withdraw the temporary regulations and proposed regulations issued on March 23, 1998 (T.D. 8767 and REG-104537-97), and will issue proposed regulations regarding the treatment of hybrid arrangements under subpart F, and separate proposed regulations providing guidance on the treatment of a controlled foreign corporation's distributive share of partnership income. This notice requests public comment, and formally withdraws Notice 98-11. |
| Notice 98-34(PDF, 37K) |
IRB #1998-27(HTML) |
July 6, 1998 |
| This notice modifies the expatriation ruling practice under sections 877, 2107, and 2501(a)(3) of the Code, and also modifies the categories of long-term residents eligible to submit a ruling request. |
| Notice 98-33(PDF, 8K) |
IRB #1998-25(HTML) |
June 22, 1998 |
| Weighted average interest rate update. Guidelines are set forth for determining for June 1998, the weighted average interest rate and the resulting permissible range of interest rates used to calculate current liability for purposes of the full funding limitation of section 41 2(c)(7) of the Code as amended by the Omnibus Budget Reconciliation Act of 1987 and by the Uruguay Round Agreements Act (GAT1). |
| Notice 98-32(PDF, 9K) |
IRB #1998-22(HTML) |
June 1, 1998 |
| Weighted average interest rate update. Guidelines are set forth for determining for May 1998, the weighted average interest rate and the resulting permissible range of interest rates used to calculate current liability for purposes of the full funding limitation of section 412(c)(7) of the Code as amended by the Omnibus Budget Reconciliation Act of 1987 and by the Uruguay Round Agreements Act (GATT). |
| Notice 98-31(PDF, 15K) |
IRB #1998-22(HTML) |
June 1, 1998 |
| Methods of accounting; involuntary changes. The Service is requesting comments on a proposed revenue procedure that, when finalized, will provide the procedures under sections 446(b) of the Code and section 1.446-1(b) of the regulations for changes in method of accounting initiated by the Service, and the procedures that the Service will use for accounting method issues raised and resolved by the Service on a nonaccounting-method-change basis. |
| Notice 98-30(PDF, 20K) |
IRB #1998-22(HTML) |
June 1, 1998 |
| Electronic funds transfer; failure to deposit penalty. This notice provides guidance relating to the waiver of the failure to deposit penalty under section 6656 of the Code for certain taxpayers first required to make federal tax deposits by electronic funds transfer beginning on or after July 1, 1997. |
| Notice 98-29(PDF, 22K) |
IRB #1998-22(HTML) |
June 1, 1998 |
| Qualified plans; plan amendments. The Service is requesting comments from the public regarding several approaches under which exceptions under section 411 (d)(6) of the Code for certain optional forms of benefit could be provided for defined contribution plans. The Service also requests comments regarding possible section 411 (d)(6) relief for defined benefit plans. |
| Notice 98-28(PDF, 17K) |
IRB #1998-19(HTML) |
May 11, 1998 |
| Credit for producing fuel from a nonconventional source, Code section 29 inflation adjustment factor and reference price. This notice publishes the Code section 29 inflation adjustment factor, the nonconventional source fuel credit, and the section 29 reference price for calendar year 1997. These data are used to determine the credit allowable on fuel produced from a nonconventional source. |
| Notice 98-27(PDF, 21K) |
IRB #1998-18(HTML) |
May 4, 1998 |
| Electricity produced from certain renewable resources; calendar year 1998 inflation adjustment factor and reference prices. This notice announces the calendar year 1998 inflation adjustment factor and reference prices for the renewable electricity production credit under section 45 of the Code. |
| Notice 98-26(PDF, 13K) |
IRB #1998-18(HTML) |
May 4, 1998 |
| Weighted average interest rate update. Guidelines are set forth for determining for April 1998, the weighted average interest rate and the resulting permissible range of interest rates used to calculate current liability for purposes of the full funding limitation of section 412(c)(7) of the Code as amended by the Omnibus Budget Reconciliation Act of 1987 and by the Uruguay Round Agreements Act (GATT). |
| Notice 98-25(PDF, 28K) |
IRB #1998-18(HTML) |
May 4, 1998 |
| Election to treat trust as a United States person; domestic trust. This notice provides the procedures under section 1161 of the Taxpayer Relief Act of 1997, P.L. 105-34, 111 Stat. 788 (1997), for trusts that were in existence on August 20, 1996, and that were treated as United States persons on August 19, 1996, to elect to continue to be treated as United States persons notwithstanding section 7701 (a)(30)(E) of the Code. |
| Notice 98-24(PDF, 20K) |
IRB #1998-17(HTML) |
April 27, 1998 |
| Qualified plans; net unrealized appreciation; capital gains. This notice describes the holding period to be used for determining the capital gains tax treatment of net unrealized appreciation in the distribution of employer securities from a qualified plan as a result of section 311 of the Taxpayer Relief Act of 1997, Pub. L. No. 105-34. |
| Notice 98-23(PDF, 25K) |
IRB #1998-18(HTML) |
May 4, 1998 |
| This notice provides guidance regarding recent changes to the taxation of social security benefits under the U.S. -Canada income tax treaty. |
| Notice 98-22(PDF, 15K) |
IRB #1998-17(HTML) |
April 27, 1998 |
| This notice announces that shareholders of passive foreign investment companies may apply the rules of section 1. 1295-1 T(b)(4), (0, and (g) of the Income Tax Regulations to taxable years beginning before January 1, 1998. |
| Notice 98-21(PDF, 15K) |
IRB #1998-15(HTML) |
April 13, 1998 |
| Extension of the effective date of the Classification Settlement Program. The Service is extending the Classification Settlement Program or "CSP" until further notice. |
| Notice 98-20(PDF, 19K) |
IRB #1998-13(HTML) |
March 30, 1998 |
| This notice provides guidance on the ordering and taxation of capital gain distributions from a charitable remainder trust in light of the changes made to section 1 (h) of the Code by the Taxpayer Relief Act of 1997. |
| Notice 98-19(PDF, 20K) |
IRB #1998-13(HTML) |
March 30, 1998 |
| The "differential earnings rate" under section 809 of the Code is tentatively determined for 1997 together with the "recomputed differential earnings rate" for 1996. |
| Notice 98-18(PDF, 9K) |
IRB #1998-12(HTML) |
March 23, 1998 |
| Weighted average interest rate update. Guidelines are set forth for determining for March 1998, the weighted average interest rate and the resulting permissible range of interest rates used to calculate current liability for purposes of the full funding limitation of section 412(c)(7) of the Code as amended by the Omnibus Budget Reconciliation Act of 1987 and by the Uruguay Round Agreements Act (GATT). |
| Notice 98-17(PDF, 22K) |
IRB #1998-11(HTML) |
March 16, 1998 |
| This notice provides simplified rules under section 6038B of the Code, as amended by the Taxpayer Relief Act of 1997, on how U.S. persons should report transfers of property to foreign partnerships made between August 5, 1997, and January 1, 1998. Taxpayers may also apply the simplified rules of this notice to transfers to foreign partnerships made after August 20, 1996, and subject to the reporting requirements of section 1494(c) of the Code, so that the penalties under that section will not apply. |
| Notice 98-16(PDF, 25K) |
IRB #1998-15(HTML) |
April 13, 1998 |
| This notice announces that the Service will amend the effective date of the section 1441 withholding regulations to apply to payments made after December 31, 1999. |
| Notice 98-15(PDF, 7K) |
IRB #1998-9(HTML) |
March 2, 1998 |
| Weighted average interest rate update. Guidelines are set forth for determining for February 1998, the weighted average interest rate and the resulting permissible range of interest rates used to calculate current liability for purposes of the full funding limitation of section 412(c)(7) of the Code as amended by the Omnibus Budget Reconciliation Act of 1987 and by the Uruguay Round Agreements Act (GATT). |
| Notice 98-14(PDF, 12K) |
IRB #1998-8(HTML) |
Feb. 23, 1998 |
| Failure to deposit federal tax; penalty abatement. An interim procedure is provided for use by taxpayers to request abatement of the failure-to-deposit penalty when the manner in which the Service applies deposits produces multiple failure-to-deposit penalties as a result of a single failure to deposit. |
| Notice 98-13(PDF, 16K) |
IRB #1998-6(HTML) |
Feb. 9, 1998 |
| Low-income housing tax credit. Resident populations of the various states are reproduced for purposes of determining the 1998 calendar year (1) state housing credit ceiling under section 42(h) of the Code, and (2) private activity bond volume cap under section 146. |
| Notice 98-12(PDF, 28K) |
IRB #1998-5(HTML) |
Feb. 2, 1998 |
| Group health plans; COBRA continuation coverage; HIPAA portability. Information is provided on how the HIPAA portability provisions may affect an individual's decision whether to elect COBRA continuation coverage. |
| Notice 98-11(PDF, 19K) |
IRB #1998-6(HTML) |
Feb. 9, 1998 |
| This notice announces that Treasury and the Service will issue regulations to prevent the use of hybrid branch arrangements to reduce foreign tax while avoiding the corresponding creation of subpart F income. In addition, the notice also requests public comments regarding the treatment of hybrid branch arrangements under subpart F. |
| Notice 98-10(PDF, 21K) |
IRB #1998-6(HTML) |
Feb. 9, 1998 |
| Advance Pricing Agreements (APAs). This notice provides special procedures for small business taxpayers to obtain advance pricing agreements. |
| Notice 98-9(PDF, 17K) |
IRB #1998-4(HTML) |
Jan. 26, 1998 |
| Weighted average interest rate update. Guidelines are set forth for determining for January 1998, the weighted average interest rate and the resulting permissible range of interest rates used to calculate current liability for purposes of the full funding limitation of section 412(c)(7) of the Code as amended by the Omnibus Budget Reconciliation Act of 1987 and by the Uruguay Round Agreements Act (GATT). |
| Notice 98-8(PDF, 24K) |
IRB #1998-4(HTML) |
Jan. 26, 1998 |
| Eligible deferred compensation plans under section 457. This notice provides guidance relating to the new statutory requirements applicable to eligible deferred compensation plans of state and local government and tax-exempt employers under section 457 of the Code after the Small Business Job Protection Act of 1996 and the Taxpayer Relief Act of 1997. |
| Notice 98-7(PDF, 26K) |
IRB #1998-3(HTML) |
Jan. 20, 1998 |
| Information reporting; interest on education loans. Payees of interest that may be deductible by the payer as qualified education loan interest are informed of their information reporting requirements for 1998 under section 6050S of the Code, as added by the Taxpayer Relief Act of 1997. |
| Notice 98-6(PDF, 23K) |
IRB #1998-3(HTML) |
Jan. 20, 1998 |
| Notice on section 685. Guidance is provided on Qualified Funeral Trust (QFT) eligibility requirements, election procedures, and simplified reporting requirements. |
| Notice 98-5(PDF, 34K) |
IRB #1998-3(HTML) |
Jan. 20, 1998 |
| Foreign tax credit abuse. Treasury and the Service expect to issue regulations that will disallow foreign tax credits for foreign taxes paid or accrued in connection with certain abusive transactions. |
| Notice 98-4(PDF, 62K) |
IRB #1998-2(HTML) |
Jan. 12, 1998 |
| Questions and answers; SIMPLE-IRAs, SIMPLE IRA plans. This notice pertains to savings incentive match plans for employees of small employers described in section 408(p) of the Code as added by the Small Business Job Protection Act of 1996, and modified by the Taxpayer Relief Act of 1997. |
| Notice 98-3(PDF, 21K) |
IRB #1998-3(HTML) |
Jan. 20, 1998 |
| Elections under section 7704(g). This notice provides the requirements for making and revoking an election under section 7704(g) of the Code. This election allows grandfathered publicly traded partnerships to avoid being treated as corporations for federal tax purposes. |
| Notice 98-2(PDF, 32K) |
IRB #1998-2(HTML) |
Jan. 12, 1998 |
| Recovery of basis; retirees. This notice provides a simplified method of calculating the recovery of basis based on the life of more than one annuitant where the retiree made contributions to a tax-qualified pension plan, even if the amount of the annuity varies by annuitant. The method is described in section 1403 of the Small Business Job Protection Act of 1996 and section 1075 of the Taxpayer Relief Act of 1997. |
| Notice 98-1(PDF, 50K) |
IRB #1998-3(HTML) |
Jan. 20, 1998 |
| Nondiscrimination testing; section 401(k) and section 401(m). This notice describes nondiscrimination testing with respect to cash or deferred arrangements under section 401(k) as well as employer matching and employee contributions under section 401(m) of the Code. |
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