SECTION 14. PROCEDURE & — Internal Revenue Bulletin 2018-50

.01 Bankruptcy and Collection

Statute or Regulation Act Postponed

Secs. 301.6036–1(a)(2) and A court-appointed receiver or fiduciary in a (3) fiduciary in aid of foreclosure who takes
Secs. 301.6036–1(a)(2) and A court-appointed receiver or fiduciary in a non-bankruptcy receivership, a (3) fiduciary in aid of foreclosure who takes possession of substantially all of the

debtor’s assets, or an assignee for benefit of creditors, must give written notice within ten days of his appointment to the IRS as to where the debtor will file his tax return.

Sec. 6320(a)(3)(B) and (c) A taxpayer must request a Collection Due Process (CDP) administrative hearing and Secs. 301.6320–1(b), (c), within 30 calendar days beginning on the day after the five business day period (f) and (i) after the filing of a notice of federal tax lien (NFTL) by the IRS. After issuance
Sec. 6320(a)(3)(B) and (c) A taxpayer must request a Collection Due Process (CDP) administrative hearing and Secs. 301.6320–1(b), (c), within 30 calendar days beginning on the day after the five business day period (f) and (i) after the filing of a notice of federal tax lien (NFTL) by the IRS. After issuance of

a determination at the CDP hearing, the taxpayer may appeal this determination within 30 days to the United States Tax Court. A taxpayer who does not make a timely request for a CDP hearing may request an “equivalent hearing” with Appeals within the one-year period commencing the day after the end of the five business day period following the filing of the NFTL.

Sec. 6330(a)(3)(B) and (d)(1) The taxpayer must request a CDP administrative hearing within 30 calendar days and Sec. 301.6330–1(b), (c), (f) after the IRS sends a notice of proposed levy. After issuance of a determination at and (i) the CDP hearing, the taxpayer may appeal this determination within 30 days to the
Sec. 6330(a)(3)(B) and (d)(1) The taxpayer must request a CDP administrative hearing within 30 calendar days and Sec. 301.6330–1(b), (c), (f) after the IRS sends a notice of proposed levy. After issuance of a determination at and (i) the CDP hearing, the taxpayer may appeal this determination within 30 days to the

United States Tax Court. A taxpayer who does not make a timely request for a CDP hearing may request an “equivalent hearing” with Appeals within the oneyear period commencing the day after the date of the CDP Notice issued under section 6330.

Sec. 6331(k)(1) and Sec. If a taxpayer submits a good-faith revision of a rejected offer in compromise 301.7122–1(g)(2) within 30 days after the rejection, the IRS will not levy to collect the liability before deciding whether to accept the revised offer.

December 10, 2018 1012 Bulletin No. 2018–50

Statute or Regulation Act Postponed

Sec. 6331(k)(2) and Sec. If, within 30 days following the rejection or termination of an installment 301.6331–4(a)(1) agreement, the taxpayer files an appeal with the IRS Office of Appeals, no levy may be made while the rejection or termination is being considered by Appeals.
Sec. 6337(b) and Sec. The owners of real property, their heirs or successors, or any person having an 301.6337–1(b) interest in real property sold by the IRS under section 6335 have 180 days from the date of the sale to redeem such property.
Sec. 301.6343–1(c) and Sec. A taxpayer must request a release of a levy more than five days prior to a 6343(b) and (d) scheduled sale of the property to which the levy relates. A taxpayer or third-party has two years from the levy to request return of money levied upon or received from the sale of levied property by the IRS.
Rev. Proc. 2005–34, 2005–1 If the IRS determines that a taxpayer is liable for the trust fund recovery penalty C.B. 1233, Sec. 4.01 under section 6672, the IRS will provide the taxpayer an opportunity to dispute the

proposed assessment by appealing the proposed assessment within 60 days of the date on the notice (75 days if the notice is addressed to the taxpayer outside of the United States).

Sec. 7122(d)(2) and Sec. A taxpayer must request administrative review of a rejected offer in compromise 301.7122–1(f)(5)(i) within 30 days after the date on the letter of rejection.

.02 Information Returns

Statute or Regulation Act Postponed

Sec. 6045A Requires a broker transferring securities to another broker to provide certain information (such as basis) to the receiving broker within 15 days.
Sec. 6045B Requires reporting by a securities issuer of actions that affect a shareholder’s basis in the securities within 45 days of the action, or if earlier, by January 15 of the following year. Statements must be provided to the shareholder by January 31 of the following year. Only the 45-day deadline in section 6045B(b)(1) would be extended, but not beyond January 15 of the following year. The January 15 deadline will not be extended under this revenue procedure as such information is needed for broker reporting (Form 1099–B) to allow shareholders to file their income tax returns timely.
Sec. 6050I Any person engaged in a trade or business receiving more than $10,000 cash in one transaction (or two or more related transactions) must file an information return, Form 8300, Report of Cash Payments over $10,000 Received in a Trade or Business, by the 15th day after the date the cash was received. Additionally, a statement must be provided to the person with respect to whom the information is required to be furnished by January 31 of the year following.
Sec. 6050K and Sec. A partnership notified of an exchange after the partnership has filed its Form 1065 1.6050K–1(f)(2) for the taxable year with respect to which the exchange should have been reported shall file its Form 8308 with the service center where its Form 1065 was filed on or before the 30th day after the partnership is notified of the exchange.
Sec. 6050L Returns relating to certain dispositions of donated property, Forms 8282, Donee Information Return, must be filed within 125 days of the disposition.

.03 Miscellaneous

Statute or Regulation Act Postponed

Sec. 1314(b) A taxpayer may file a claim for refund or credit of tax based upon the mitigation provisions of sections 1311 through 1314 if, as of the date a determination (as defined in section 1313(a)) is made, one year remains before the period for filing a claim for refund expires.
Sec. 6015(b) and (c) A requesting spouse must request relief under section 6015(b) or (c) within two years of the first collection activity against the requesting spouse.

Bulletin No. 2018–50 1013 December 10, 2018

Statute or Regulation Act Postponed

Sec. 6015(e) A requesting spouse may petition the United States Tax Court to determine the appropriate relief under this section if such petition is filed not later than the close of the 90th day after the IRS mails, by certified or registered mail, notice of the IRS’s final determination of relief available to the individual.
Sec. 6110(f) A person to whom a written determination pertains or other person described in section 6110(f)(3)(A)(i) may petition the United States Tax Court within a specified period for a determination with respect to that portion of the written determination or background file document that the IRS has mailed a notice of intention to disclose for public inspection.
Secs. 6226 (pre–2018) and A taxpayer or partnership may file a petition for readjustment of partnership items 6234 (post–2017) or adjustments within a specified period with the United States Tax Court, United States Court of Federal Claims, or United States District Court.
Sec. 6404(h) A taxpayer has 180 days after the IRS’s mailing of a notice of determination denying a request for interest abatement to petition the United States Tax Court for review of the determination.
Sec. 6411 and Sec. 1.6411– Taxpayers applying for a tentative carryback adjustment of the tax for the prior 1(c) taxable year must file Form 1139, Corporation Application for Tentative Refund, (for corporations) or Form 1045, Application for Tentative Refund, (for entities other than corporations) within 12 months after the end of such taxable year that generates such net operating loss, net capital loss, or unused business credit from which the carryback results.
Sec. 6656(e)(2) A taxpayer who is required to deposit taxes and fails to do so is subject to a penalty under section 6656. Under section 6656(e)(2), the taxpayer may, within 90 days of the date of the penalty notice, designate to which deposit period within a specified tax period the deposits should be applied.
Sec. 7428 An organization may file, within a specified period, a petition for declaratory judgment with the United States Tax Court involving the IRS’s determination, or failure to make a determination, with respect to the organization’s initial or continuing qualification or classification as an exempt organization under section 501(c)(3), a private foundation under section 509(a), a private operating foundation under section 4942(j)(3), a cooperative under section 521(b), or other organization under section 501(c) or (d) and exempt from tax under section 501(a).
Sec. 7430(f) A taxpayer may file a petition with the United States Tax Court within a specified period for review of a decision by the IRS granting or denying in whole or in part an award for reasonable administrative costs under section 7430(a).
Sec. 7436 A person for whom services are performed may file a petition for determination of employment status with the United States Tax Court within a specified period if the IRS determines that one or more individuals performing services for such person are employees for purposes of Subtitle C, or that such person is not entitled to treatment under section 530(a) of the Revenue Act of 1978.
Sec. 7476 An employer, plan administrator or employee who is an interested party under the regulations may file, within a specified period, a petition for declaratory judgment with the United States Tax Court involving the IRS’s determination, or a failure to make a determination, with respect to the initial qualification or a continuing qualification of a qualified retirement plan.
Sec. 7477 and Secs. The donor (or such qualified representative) must timely request consideration by 301.7477–1(d)(4)(ii) and (5) Appeals through a written request made within 30 days after the mailing date of the Letter 950–G, or by such later date for responding to the Letter 950–G as is agreed to between the donor and the IRS. A petition with the United States Tax Court requesting a declaratory judgment under section 7477 must be filed with the United States Tax Court before the 91 ^st day after the date of mailing of the Letter 3569 issued by the IRS to the donor.

December 10, 2018 1014 Bulletin No. 2018–50

Statute or Regulation Act Postponed

Sec. 7478 A prospective issuer of certain governmental obligations can file, within a specified period, a petition for declaratory judgment with the United States Tax Court if the IRS determines that the interest on the obligations will not be excludable from gross income under section 103 or if the IRS fails to make a determination with respect to the excludability of the interest.
Sec. 7479 A decedent’s estate has 90 days after the IRS’s mailing of a notice of determination about whether a section 6166 extension to pay estate tax may be made or whether the extension has ceased to apply to file a petition with the United States Tax Court seeking a declaration about the determination. The estate must exhaust administrative remedies before filing a petition, but administrative remedies are deemed exhausted if the IRS has not issued a determination within 180 days after the request for determination and during that time period the estate took reasonable steps, in a timely manner, to secure such determination.
Sec. 7481(c) A taxpayer may file a motion with the United States Tax Court within a specified period for a redetermination of whether the taxpayer has made an overpayment of interest or the IRS has made an underpayment of interest on the deficiency or overpayment determined by the United States Tax Court.
Sec. 7623(b) An individual claiming a whistleblower award based on information provided to the IRS may appeal a determination regarding an award to the United States Tax Court within a specified period.
Sec. 7705, Rev. Procs. Periodic bonding, financial review, reporting, and verification requirements must be 2016–33 and 2017–14, and satisfied to become or remain certified as a certified professional employer Notice 2016–49 organization (CPEO). In addition, responsible individuals of a CPEO must meet

periodic reporting requirements.