Bulletin No. 2009-52 — Internal Revenue Bulletin 2009-52

data of property and casualty insurance companies to determine and publish a loss payment pattern for each line of business every five years

Rev. Proc. 2009–56, page 993. Insurance companies; discounting estimated salvage re- coverable. This procedure sets forth the salvage discount factors for accident year 2009 for purposes of section 832 of the Code. Under section 832, discount factors are determined by the Secretary based on the interest rate determined annually by the Secretary under section 846(c) and on salvage recovery patterns determined every five years by the Secretary.

EMPLOYEE PLANS

Rev. Rul. 2009–40, page 942. 2010 covered compensation tables; permitted disparity. The covered compensation tables under section 401 of the Code for the year 2010 are provided for use in determining contributions to defined benefit plans and permitted disparity.

Notice 2009–92, page 964. This notice provides that a delay or acceleration of the payment of nonqualified deferred compensation in order to comply with an advisory opinion issued by the Office of the Special Master for Troubled Asset Relief Program (TARP) Executive Compensation, pursuant to the Emergency Economic Stabilization Act of 2008 and regulations thereunder, including conditioning payment on satisfaction of a requirement related to TARP, such as repayment of the financial assistance granted under TARP, will not cause the plan to fail to meet the requirements of section 409A of the Code.

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Notice 2009–96, page 968. Weighted average interest rate update; corporate bond indices; 30-year Treasury securities; segment rates. This notice contains updates for the corporate bond weighted average interest rate for plan years beginning in December 2009; the 24-month average segment rates; the funding transitional segment rates applicable for December 2009; and the minimum present value transitional rates for November 2009.

Notice 2009–97, page 972. This notice extends the deadline for amending qualifed retirement plans to meet certain requirements of the Code that were added by the Pension Protection Act of 2006 (PPA ’06), P.L. 109–280, and subsequently modified by the Worker, Retiree, and Employer Recovery Act of 2008 (WRERA), P.L. 110–458. The deadline is extended to the last day of the first plan year that begins on or after January 1, 2010. Rev. Proc. 2007–44 modified. Notice 2008–18 modified.

Notice 2009–98, page 974. Retirement plans; qualification, list of changes. This notice sets forth a list of changes referred to in Rev. Proc. 2007–44, 2007–2 C.B. 54, pertaining to the statutory, regulatory, and guidance changes needed for certain requests to the Service for opinion, advisory, and determination letters for the 12-month period beginning February 1, 2010.

Announcement 2009–89, page 1009. Remedial amendment period and reliance for section 403(b) plans. This announcement provides for a remedial amendment period and reliance for employers that, pursuant to the upcoming revenue procedures, either adopt a pre-approved plan with a favorable opinion letter or apply for an individual determination letter when available. Employers should not request ruling or determination letters on the form of their § 403(b) plans at this time, pending publication of the revenue procedure for pre-approved § 403(b) plans and additional procedures on applying for individual determination letters for § 403(b) plans.

EXEMPT ORGANIZATIONS

Announcement 2009–88, page 1008. A list is provided of organizations now classified as private foundations.

Announcement 2009–90, page 1010. The IRS has revoked its determination that Twenty First Century World — TEMENOS of San Rafael, CA, qualifies as an organization described in sections 501(c)(3) and 170(c)(2) of the Code.

ESTATE TAX

T.D. 9473, page 945. Final regulations under section 6159 of the Code relate to the payment of tax liabilities in installments and reflects changes to the law made by the Taxpayer Bill of Rights II, the Internal Revenue Service Restructuring and Reform Act of 1998, and the American Jobs Creation Act of 2004.

GIFT TAX

EMPLOYMENT TAX

Rev. Rul. 2009–39, page 951. 94X examples revenue ruling. This revenue ruling illustrates the application of the interest-free adjustment and claim for refund processes under the final regulations promulgated by Treasury Decision 9405 (T.D. 9405), 2008–32 I.R.B. 293. T.D 9405 amends the process for making interest-free adjustments of employment taxes under sections 6205 and 6413 of the Code, and claiming refunds of employment taxes under sections 6402 and 6414. T.D. 9405 was initiated in connection with the Service’s development of new “X” forms ( e.g., Form 941–X, Adjusted Employer’s QUARTERLY Federal Tax Return or Claim for Refund ) as part of the Form 94X Project initiated by the Office of Taxpayer Burden Reduction and now led by SB/SE Employment Tax Policy. The proposed revenue ruling applies the final regulations under T.D. 9405 to 10 different situations to show how the new processes operate. Rev. Rul. 75–464 obsoleted.

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December 28, 2009 2009–52 I.R.B.

SELF-EMPLOYMENT TAX

EXCISE TAX

ADMINISTRATIVE

REG–111833–99, page 1000. Proposed regulations under section 7430 of the Code relate to awards of administrative costs and attorneys fees to conform the regulations to the amendments made in the Taxpayer Relief Act of 1997 and the IRS Restructuring and Reform Act of 1998. A public hearing is scheduled for March 10, 2010.

Notice 2009–95, page 968. This notice delays the effective date of compliance with Rev. Rul. 2006–57, 2006–2 C.B. 911, which provides guidance on the use of smartcards, debit or credit cards, or other electronic media to provide qualified transportation fringes under section 132(f) of the Code, until January 1, 2011. Rev. Rul. 2006–57 modified.

Announcement 2009–91, page 1010. This document contains corrections to final regulations (T.D. 2009–33 I.R.B. 188) providing guidance regarding the treatment of controlled services transactions under section 482 of the Code and the allocation of income from intangible property, in particular with respect to contributions by a controlled party to the value of intangible property owned by another controlled party. These final regulations modify regulations under section 861 concerning stewardship expenses to be consistent with the changes made to the guidance under section 482.

Announcement 2009–92, page 1012. This document contains a correction to Notice 2009–80, 2009–51 I.R.B. 859, which contained an incorrect taxable year at the end of the first paragraph.

2009–52 I.R.B. December 28, 2009