Bulletin No. 2012-52 December 27, 2012

policies and self-insured health plans and arrangements are subject to fees for the Patient-Centered Outcomes Research Trust Fund, and also on the requirements for calculating, reporting, and paying the fees.

Notice 2012–76, page 775. This notice contains the 2012 Cumulative List of Changes in Plan Qualification Requirements (2012 Cumulative List) described in section 4 of Rev. Proc. 2007–44, 2007–2 C.B. 54. The 2012 Cumulative List is to be used by plan sponsors and practitioners submitting determination, opinion, or advisory letter applications for plans during the period beginning February 1, 2013 and ending January 31, 2014.

Notice 2012–78, page 785. 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 2012; the 24-month average segment rates; the funding transitional segment rates applicable for December 2012; and the minimum present value transitional rates for November 2012. The rates in this notice reflect certain changes implemented by the Moving Ahead for Progress in the 21st Century Act, Public Law 112–141 (MAP-21).

EXEMPT ORGANIZATIONS

Announcement 2012–49, page 801. The IRS has revoked its determination that Amani Foundation of Aurora, CO; Excalibur Foundation of Sparks, NV; and The Play Institute of Horseshoe Bay, TX, qualify as organizations described in sections 501(c)(3) and 170(c)(2) of the Code.

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Announcement 2012–50, page 802. This document updates Announcement 2012–25, 2012–26 I.R.B. 1054, by extending the time for businesses to comply with the proper treatment of service charges as specified in Q&A 1 of Rev. Rul. 2012–18, 2012–26 I.R.B. 1032., from January 1, 2013 to January 1, 2014. Announcement 2012–25 amplified.

EMPLOYMENT TAX

REG–130074–11, page 790. Proposed regulations under section 3101 of the Code provide guidance on the Additional Hospital Insurance Tax on wages, compensation, and self-employment income above threshold amounts (“Additional Medicare Tax”), as added by the Affordable Care Act. Specifically, these proposed regulations provide guidance for employers and individuals relating to the implementation of Additional Medicare Tax, relating to the requirement to file a return reporting Additional Medicare Tax, the employer process for making adjustments of underpayments and overpayments of Additional Medicare Tax, and the employer and employee processes for filing a claim for refund for an overpayment of Additional Medicare Tax. A public hearing is scheduled for April 4, 2013.

SELF-EMPLOYMENT TAX

REG–130074–11, page 790. Proposed regulations under section 3101 of the Code provide guidance on the Additional Hospital Insurance Tax on wages, compensation, and self-employment income above threshold amounts (“Additional Medicare Tax”), as added by the Affordable Care Act. Specifically, these proposed regulations provide guidance for employers and individuals relating to the implementation of Additional Medicare Tax, relating to the requirement to file a return reporting Additional Medicare Tax, the employer process for making adjustments of underpayments and overpayments of Additional Medicare Tax, and the employer and employee processes for filing a claim for refund for an overpayment of Additional Medicare Tax. A public hearing is scheduled for April 4, 2013.

EXCISE TAX

T.D. 9602, page 746. Final regulations under sections 4375, 4376, and 4377 of the Code provide guidance on determining which health insurance policies and self-insured health plans and arrangements are subject to fees for the Patient-Centered Outcomes Research Trust Fund, and also on the requirements for calculating, reporting, and paying the fees.

T.D. 9604, page 730. Final regulations provide guidance under section 4191 of the Code on the excise tax on sales of certain medical devices. The tax is effective for sales after December 31, 2012. The final regulations provide a regulatory definition for a “taxable medical device,” and standards for determining if a device is not a taxable medical device because it is generally purchased by the general public at retail for individual use. The final regulations also provide guidance for calculating the tax on lease or installment sale payments where the payments are made on or after January 1, 2013, under a pre-2013 contract. The final regulations will affect medical device manufacturers and importers.

Notice 2012–77, page 781. This notice provides interim guidance relating to the excise tax on medical devices imposed by section 4191 (the “medical device excise tax”) of the Code. Section 4191 was enacted by section 1405 of the Health Care and Education Reconciliation Act of 2010, Public Law 111–152 (124 Stat. 1029 (2010)), in conjunction with the Patient Protection and Affordable Care Act, Public Law 111–148 (124 Stat. 119 (2010)).

ADMINISTRATIVE

Notice 2012–65, page 773. The notice invites public comments regarding guidance to be provided to governmental and financial entities (applicable entities) described under section 6050P(c) of the Code, who discharge indebtedness and may be required to furnish Form 1099–C information returns pursuant to section 6050P and Treasury regulations section 1.6050P.

December 27, 2012 2012–52 I.R.B.