SECTION 7. DESIGNATION BY A

TERMINATING AGENT

.01 In general . A terminating agent (including an agent previously designated by the Commissioner under § 1.1502– 77(c)(6)(i)(A)( 1 )) may designate an agent if it has no default successor. Designation by a terminating agent is available for any and all taxable years that are subject to this revenue procedure and for which the terminating agent is agent. However, a terminating agent may only designate an agent for a completed year, and no designation can be made by an agent that was designated by the Commissioner under § 1.1502–77(c)(6)(i)(A)( 2 )–( 4 ), or any successor of such an agent; in those cases, the terminating agent should request that the Commissioner designate an agent pur

Bulletin No. 2015–15 877 April 13, 2015

suant to § 1.1502–77(c)(6)(i)(B). Provided the terminating agent’s designation complies with the requirements set forth in this section 7, that designation is automatically approved without further communication from the Commissioner, and no written approval will be provided. Such designation will be effective upon the termination of the designating agent. A designation by a terminating agent, before its existence terminates, must be filed in accordance with the requirements set forth in this section 7. The terminating agent may designate an entity meeting these two requirements:

(1) Any member of the group during any part of the consolidated return year for which the designation is made or an entity that is a successor of such member or will become a successor at the time the agent’s existence terminates; and

(2) An entity that was not replaced as agent by the Commissioner under § 1.1502–77(c)(6)(i)(A)( 2 )–( 4 ) (although the terminating agent may submit a request pursuant to § 1.1502–77(c)(6)(i)(B) that the Commissioner designate such entity previously replaced).

.02 When to file . (1) In general . Except as provided in section 7.02(2) of this revenue procedure, a terminating agent’s designation of an agent must be executed and filed by the terminating agent before its existence terminates.

(2) Special rule . If the agent designated by the terminating agent under this section 7 does not come into existence before the designating agent’s existence terminates, the designating agent must still execute the designation before its existence terminates, and the designated agent must promptly complete the designation after it comes into existence by executing the statement required in section 7.03(8) of this revenue procedure and filing the designation.

.03 Contents . The terminating agent’s designation of an agent must be in writing and contain the following information:

(1) The heading “REV. PROC. 2015– 26: TERMINATING AGENT’S DESIGNATION OF AGENT UNDER § 1.1502– 77(c)(5)” must be typed or legibly printed at the top of the designation;

(2) Name, address, and employer identification number of the terminating agent making the designation;

(3) Name, address, and employer identification number of the designated agent

and the consolidated return year(s) for which the designation applies (or a statement that it applies to all completed year(s) ending on or before the date of termination of the agent);

(4) The name and employer identification number of the common parent under which the return(s) for which the designation applies was (were) filed, if different from the agent named in section 7.03(2) of this revenue procedure;

(5) The Service Center where the consolidated return(s) was (were) or will be filed, as the case may be, for the year(s) for which the designation applies;

(6) The expected date of termination of the designating agent;

(7) The name, address, and phone number of any Examination Team Manager, Appeals Officer or Counsel Attorney who currently has jurisdiction of consolidated return year(s) for which the designation applies; and

(8) A statement on behalf of the designated agent in which it:

(a) Agrees to serve as the group’s agent pursuant to the terminating agent’s designation; and

(b) If it was not a member of the group during the consolidated return year(s) for which it is designated, acknowledges that it is or will be primarily liable as a successor of the terminating agent for the consolidated tax liability for such consolidated return year(s).

.04 Signature requirements . (1) The terminating agent’s designation of an agent must contain the following declaration, signed by a duly authorized officer of the terminating agent: Under penalties of perjury, I declare that I am authorized to make this designation on behalf of the terminating agent and that, to the best of my knowledge, the information provided is true, correct, and complete.

(2) The statement required under section 7.03(8) of this revenue procedure must contain the following declaration, signed by a duly authorized officer of the designated agent: Under penalties of perjury, I declare that I am authorized to sign this statement on behalf of the designated agent and that, to the best of my knowledge, the information pro- vided is true, correct, and complete.