Bulletin No. 2014–22 — Internal Revenue Bulletin 2014-22

Notice 2014–36, page 1058. Credit for Renewable Electricity Production, Refined Coal Production, and Indian Coal Production, and Publication of Inflation Adjustment Factors and Reference Prices for Calendar Year 2014: The notice reports for 2014 the inflation adjustment factors and reference prices used to determine the availability of the section 45 credit for electricity produced from qualified energy resources and refined coal and includes the credit amounts for renewable electricity production and refined coal production. The notice also reports the inflation adjustment factor for Indian coal and includes the credit amounts for Indian coal production.

T.D. 9663, page 1038. Final regulations provide rules under section 36B of the Code relating to requirements for Affordable Insurance Exchanges to report information relating to the health insurance premium tax credit, enacted by section 1401 of the Affordable Care Act.

T.D. 9664, page 1045. Final Regulations under section 67 of the Code provide that certain costs incurred by estates or non-grantor trusts are miscellaneous itemized deductions that are deductible only to the extent they exceed 2 percent of the adjusted gross income of the estate or non-grantor trust. This limitation is often referred to as the “2-percent floor.” Other costs incurred by estates or non-grantor trusts are deductible without regard to the 2-percent floor. These final regulations provide guidance on the types of costs that are and are not subject to the 2-percent floor.

(Continued on the next page)

T.D. 9665, page 1050. These final regulations clarify the general rule under section 402(a) that amounts held in a qualified retirement plan that are used to pay accident or health insurance premiums are taxable distributions unless described in certain statutory exceptions. The final regulations do not extend this result to arrangements under which amounts are used to pay premiums for disability insurance that replaces retirement plan contributions in the event of a participant’s disability.