SECTION 15. SIGNIFICANT

CHANGES

Significant changes to Rev. Proc. 2002–9 include: (1) Section 4.02(5) of this revenue procedure clarifies that, for purposes of the final year of a trade or business scope limitation, a cessation or termination of a trade

tifies the national office that it will make the change under this revenue procedure, the national office ordinarily will return the Form 3115 to the taxpayer to make the necessary modifications to comply with the applicable provisions of this revenue procedure and will refund the user fee submitted with the Form 3115.

A Form 3115 that is returned to the taxpayer for necessary modifications will be converted to an application under this revenue procedure if the taxpayer resubmits the Form 3115 with the necessary modifications, along with a copy of the national office letter sent with the returned Form 3115, to the national office within 30 calendar days after the date of the Service’s letter returning the Form 3115 to the taxpayer.

(2) Application filed under Rev. Proc. 2002–9 . (a) General rule . If a taxpayer properly files an application with the national office under Rev. Proc. 2002–9 to make a change in method of accounting described in the APPENDIX of Rev. Proc. 2002–9 and the application was either post-marked or received by the national office before August 18, 2008, the taxpayer makes the change under Rev. Proc. 2002–9.

(b) Option to file an amended applica- tion . If before August 18, 2008, a taxpayer properly filed an application under Rev. Proc. 2002–9 for a year of change that is the taxpayer’s first taxable year ending on or after December 31, 2007, the taxpayer may choose to file an amended application for that year of change under this revenue procedure if, within 6 months from the due date of the federal income tax return for the year of change (excluding extension), the taxpayer (i) files an original or amended return using the new method of accounting pursuant to this revenue procedure, (ii) attaches the original amended application filed under this revenue procedure to its original or amended return for the year of change, (iii) writes on the top of page 1 of the national office copy of the amended application “FILED UNDER SECTION 12.02(2) OF REV. PROC. 2008–52”; and (iv) sends the national office copy of the amended application to the following address no later than the date the original amended application is filed with the original or amended return: Internal Revenue Service, P. O. Box 14095,

Benjamin Franklin Station, Washington, DC 20044, Attention: CC:ITA:8.

(3) No application filed by August 18, 2008 . (a) General rule . If, prior to August 18, 2008, a taxpayer has not filed an application requesting consent to change a particular method of accounting for its first taxable year ending on or before July 31, 2008, the taxpayer may elect to apply the provisions of Rev. Proc. 2002–9 with respect to such method of accounting for such taxable year. For taxpayers making such election, the timely duplicate filing requirement of section 6.02(3)(a) of Rev. Proc. 2002–9 is modified to require the copy of the application to be submitted to the National Office on or before September 15, 2008.

(b) Exception for changes from a hybrid method . As of August 18, 2008, a taxpayer may not apply the provisions of Rev. Proc. 2002–9 with respect to a change described in section 5.01 of the APPENDIX to Rev. Proc. 2002–9 if such change is not also described in either section 14.01 or 14.09 of the APPENDIX to this revenue procedure. Notwithstanding section 5.01(1)(a) of Rev. Proc. 97–27, the Service will treat as timely filed under Rev. Proc. 97–27 any Form 3115 requesting consent to a change in method of accounting that is described in section 5.01 of the APPENDIX to Rev. Proc. 2002–9 but is not described in either section 14.01 or 14.09 of the APPENDIX to this revenue procedure for a taxpayer’s first taxable year ending on or before July 31, 2008 if it is filed on or before September 15, 2008.