Internal Revenue Bulletin: 2009-2 |
January 12, 2009 |
Table of Contents
- Notice 2009-1
- Notice 2009-3
- Notice 2009-4
- I. Purpose
- II. Background
- III. The Proposed Guidance: an Expansion of Rev.
Proc. 81-70
- A. Overview
- B. Generally Applicable Provisions of Expanded Rev. Proc. 81-70
- C. Safe Harbor for Target Stock Surrendered by or on behalf of Reporting Shareholders
- D. Safe Harbor for Target Stock Surrendered by or on behalf of Registered, Non-reporting Shareholders
- E. Safe Harbor for Target Stock Surrendered by Nominees on Behalf of Non-reporting Shareholders
- 1. Establish measuring dates
- 2. Establish nominee starting basis
- a. If an SPR is available for the IPO Date
- b. If no SPR is available for the IPO Date
- 3. Adjust estimated starting basis
- 4. Allowable nominee basis
- F. Reporting Requirements
- G. Reliance on Expanded Rev. Proc. 81-70 Safe Harbors
- H. Pre-filing Agreements
- I. Effective Date, Effect on Other Documents
- IV. Interim Use of Safe Harbor Methodologies
- V. Request for Comments
- VIII. DRAFTING INFORMATION
- Rev. Proc. 2009-9
- SECTION 1. WHAT IS THE PURPOSE OF THIS REVENUE PROCEDURE?
- SECTION 2. NATURE OF CHANGES AND RELATED REVENUE PROCEDURES
- SECTION 3. WHAT ARE THE PROCEDURES FOR REQUESTING RECOGNITION OF EXEMPT STATUS?
- SECTION 4. WHAT ARE THE STANDARDS FOR
ISSUING A DETERMINATION LETTER OR RULING ON EXEMPT STATUS?
- Exempt status must be established in application and supporting documents
- Determination letter or ruling based solely on administrative record
- Exempt status may be recognized in advance of actual operations
- No letter if exempt status issue in litigation or under consideration within the Service
- Incomplete application
- Even if application is complete, additional information may be required
- Expedited handling
- SECTION 5. WHAT OFFICES ISSUE AN EXEMPT STATUS DETERMINATION LETTER OR RULING?
- SECTION 6. WITHDRAWAL OF AN APPLICATION
- SECTION 7. WHAT ARE THE PROCEDURES WHEN
EXEMPT STATUS IS DENIED?
- Proposed adverse determination letter or ruling
- Appeal of a proposed adverse determination letter issued by EO Determinations
- Protest of a proposed adverse ruling issued by EO Technical
- Final adverse determination letter or ruling where no appeal or protest is submitted
- How EO Determinations handles an appeal of a proposed adverse determination letter
- Consideration by the Appeals Office
- If a protest of a proposed adverse ruling is submitted to EO Technical
- An appeal or protest may be withdrawn
- Appeal or protest and conference rights not applicable in certain situations
- SECTION 8. DISCLOSURE OF APPLICATIONS
AND DETERMINATION LETTERS AND RULINGS
- Disclosure of applications, supporting documents, and favorable determination letters or rulings
- Disclosure of adverse determination letters or rulings
- Disclosure to State officials when the Service refuses to recognize exemption under § 501(c)(3)
- Disclosure to State officials of information about § 501(c)(3) applicants
- SECTION 9. REVIEW OF DETERMINATION LETTERS BY EO TECHNICAL
- SECTION 10. DECLARATORY JUDGMENT PROVISIONS OF § 7428
- SECTION 11. EFFECT OF DETERMINATION LETTER OR RULING RECOGNIZING EXEMPTION
- SECTION 12. REVOCATION OR MODIFICATION OF DETERMINATION LETTER OR RULING RECOGNIZING EXEMPTION
- SECTION 13. EFFECT ON OTHER REVENUE PROCEDURES
- SECTION 14. EFECTIVE DATE
- SECTION 15. PAPERWORK REDUCTION ACT
- DRAFTING INFORMATION
- Rev. Proc. 2009-10
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