SECTION 3. MODIFICATION TO

REV. PROC. 2017–60

Section 4.01 of Rev. Proc. 2017–60, is modified and as modified, this section reads in its entirety as follows:

.01 If a taxpayer pays to repair damage to that taxpayer’s personal residence caused by a deteriorating concrete foundation during the taxpayer’s 2016 taxable year or earlier, the taxpayer may treat the amount paid as a casualty loss on a timely Amended U.S. Individual Income Tax Return (Form 1040X) for the taxable year of payment. If a taxpayer pays to repair the damage during the taxpayer’s 2017 taxable year or prior to a timely filed (including extensions) original U.S. Individual Income Tax Return (Form 1040, 1040A or 1040EZ) for the 2017 taxable year, the taxpayer may

February 26, 2018 378 Bulletin No. 2018–9

Section 301.7701–2(b)(1) of the Treasury Regulations provides that a business entity organized under a federal or state statute is a corporation if the statute describes or refers to the entity as incorporated or as a corporation, body corporate, or body politic.

Section 301.7701–2(b)(2) of the Treasury Regulations provides that an association as determined in § 301.7701–3 of the Treasury Regulations is a corporation.

Section 301.7701–3(a) of the Treasury Regulations provides that a business entity that is not classified as a corporation under § 301.7701–2(b)(1), (3), (4), (5), (6), (7), or (8) (an “eligible entity”) can elect its classification for federal tax purposes. An eligible entity with at least two members can elect to be classified as either an association (and thus a corporation under § 301–7701–2(b)(2) of the Treasury Regulations) or a partnership, and an eligible entity with a single owner can elect to be classified as an association or to be disregarded as an entity separate from its owner. Section 301.7701–3(c)(1)(v)(A) of the Treasury Regulations provides that an eligible entity that has been determined to be, or claims to be, exempt from taxation under section 501(a) is treated as having made an election to be classified as an association (and thus a corporation under § 301.7701–2(b)(2) of the Treasury Regulations).

Rev. Proc. 2018–5, 2018–1 I.R.B. 233, as modified by Rev. Proc. 2018–10, 2018–7 I.R.B. 355, sets forth procedures for issuing determination letters on exempt status (in response to applications for recognition of exemption from federal income tax under section 501) under the jurisdiction of the Director, Exempt Organizations (EO) Rulings and Agreements. Section 3.01 of Rev. Proc. 2018–5 provides that EO Determinations issues determination letters on initial qualification for exempt status of organizations described in section 501, and updated exempt status letters (affirmation letters) to reflect changes to an organization’s name or address. Section 3.02 of Rev. Proc. 2018–5 provides that EO Determinations will not issue a determination letter if an organization currently recognized as exempt under section 501(c) seeks a new determination letter confirming that the organization is still recognized under the

Susie K. Bird on (202) 317-5100 (not a toll-free number).

26 CFR 1.501(a)–1: Exemption from taxation (Also: 26 CFR 1.505(c)–1T: Notification require- ment; 26 CFR 1.506–1T: Notification requirement; 26 CFR 1.508–1: Notices; 26 CFR 601.201: Rulings and determination letters)

Rev. Proc. 2018–15

The IRS generally will not require a new exemption application from a domestic section 501(c) organization that changes its form or place of organization. Rev. Rul. 67–390 and Rev. Rul. 77–469 are obsoleted.