SECTION 3. GUIDANCE

The Treasury Department and the Internal Revenue Service have determined that, pursuant to the authority granted by § 35(g)(11)(B), it is appropriate to extend the transition rule provided in the Act with respect to the deadline for electing to claim the HCTC through 2016. Accordingly, an election to claim the HCTC for an eligible coverage month in a taxable year beginning on or after June 29, 2015, and before January 1, 2017, may be made before the end of the 3-year period of limitation prescribed in § 6511(a), and may be made on an amended return. This period of limitation is generally three years from the due date of the return (including extensions). Thus, for example, a calendar year taxpayer who files his or her 2016 Federal income tax return by April

18, 2017, without electing the HCTC must file a return with a Form 8885 by April 15, 2020, to elect the HCTC for coverage provided in 2016.