SECTION 5. EFFECTIVE DATE

.01 In general . (a) Rev. Proc. 2008–52 . Except as provided in section 5.02 of this revenue procedure, this revenue procedure is effective for applications filed under Rev. Proc. 2008–52 on or after August 27, 2009, for a year of change ending on or after December 31, 2008.

(b) Rev. Proc. 97–27 . This revenue procedure is effective for Forms 3115 filed under Rev. Proc. 97–27, as amplified and modified by Rev. Proc. 2002–19, as amplified and clarified by Rev. Proc. 2002–54, and as modified by Rev. Proc. 2007–67, filed on or after August 27, 2009, for a year of change ending on or after August 27, 2009.

.02 Transition rules . (1) No application filed by August 27, 2009 . For a year of change ending on or after December 31, 2008, and on or before July 31, 2009, a taxpayer may choose not to apply the following sections of this revenue procedure: 2.07; 2.08; 2.09; 2.10; 2.11; 2.12(1)(a); 2.12(1)(b); 2.12(3); 2.12(4); 2.13(1); 2.14(3); 2.16; 2.17 (section 15.07(1) of the APPENDIX of Rev. Proc. 2008–52, without regard to section 15.07(3) of the APPENDIX, as modified by this revenue procedure); 2.18; 2.19; 2.20; 2.21; 2.22; 2.23; 2.24; 2.26; 2.29(1)(a); 2.29(1)(b); 2.29(2). For a taxpayer filing an application under Rev. Proc. 2008–52, as amplified, clarified, and modified by this revenue procedure, and choosing not to apply sec

tions 2.12(3), 2.17 (section 15.07(1) of the APPENDIX of Rev. Proc. 2008–52, without applying section 15.07(3) of the APPENDIX, as modified by this revenue procedure), and 2.18 of this revenue procedure (transition application), the timely duplicate filing requirement of section 6.02(3)(a) of Rev. Proc. 2008–52 is modified to require the copy of the application to be submitted to the national office on or before September 15, 2009. A taxpayer filing such a transition application under this section 5.02(1) must otherwise be eligible to make the change under Rev. Proc. 2008–52, as amplified, clarified, and modified by this revenue procedure, and should write on the top of page 1 of the national office copy of the application “FILED UNDER SECTION 5.02(1) OF REV. PROC. 2009–39.”

(2) Form 3115 filed under Rev. Proc. 97–27 . If before August 27, 2009, a taxpayer within the scope of Rev. Proc. 97–27 timely filed a Form 3115 under Rev. Proc. 97–27 for a year of change ending on or after December 31, 2008, requesting consent for a change in method of accounting described in the APPENDIX of Rev. Proc. 2008–52, as amplified, clarified, and modified by this revenue procedure, and the Form 3115 is pending with the national office on August 27, 2009, the taxpayer may choose to convert the Form 3115 to make the change under Rev. Proc. 2008–52, as amplified, clarified, and modified by this revenue procedure, but without regard to the modifications to the non-APPENDIX sections of Rev. Proc. 2008–52 in sections 2.02 (adding new sections 3.08(4) and 3.08(5) of Rev. Proc. 2008–52), 2.03 (adding new section 3.09 of Rev. Proc. 2008–52), 2.04 (modifying section 4.02(1) of Rev. Proc. 2008–52), and 2.05(2) (modifying sections 6.02(11), 6.03, 6.04 and 6.05 of Rev. Proc. 2008–52) of this revenue procedure (these modifications apply to certain foreign corporations), if the taxpayer is otherwise eligible under the APPENDIX of Rev. Proc. 2008–52, as amplified, clarified, and modified by this revenue procedure. The taxpayer must notify the national office of its intent to convert the Form 3115 under this section 5.02(2) prior to the later of October 26, 2009, or the issuance of a letter ruling granting or denying consent for the change filed under Rev. Proc. 97–27. If the taxpayer timely noti

September 21, 2009 386 2009–38 I.R.B.

annual reporting and/or recordkeeping burden for control number 1545–1551 is 15,206 hours. Sections 2.09, 3.01 and 3.02 will increase the estimated number of responses and burden hours for the control number 1545–1541. The estimated annual burden for control number 1545–1541 per respondent/recordkeeper varies from 1/6 hour to 5 hours, depending on individual circumstances, with an estimated average of 3 1/4 hours. The estimated number of respondents is 3,070. The estimated total annual reporting and/or recordkeeping burden for control number 1545–1541 is 9,743 hours.

DRAFTING INFORMATION

The principal author of this revenue procedure is Karla M. Meola of the Office of Chief Counsel (Income Tax & Accounting). For further information concerning this revenue procedure, please contact Ms. Meola at (202) 622–4930.

taxpayer (i) files an original or amended return using the new method of accounting pursuant to Rev. Proc. 2008–52, as amplified, clarified, and modified by 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 5.02(3) OF REV. PROC. 2009–39”; 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:B8.

A Form 3115 filed under Rev. Proc 2008–52 prior to August 27, 2009, for a taxable year ending on or after December 31, 2008, that is amended under this section 5.02(3) will be disregarded for purposes of the prior 5 year change rules in sections 4.02(6) and (7) of Rev. Proc. 2008–52.