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Treasury, IRS Issue 2013–2014 Priority Guidance Plan

By Bruce R. Hopkins, Editor September 19, 2013

The Department of the Treasury and the IRS, on August 9, issued their 2013–2014 Priority Guidance Plan. This plan entails 324 tax law projects that are priorities for allocation of the government’s tax law administrative resources during July 2013–June 2014, including 14 tax-exempt organizations law projects and four charitable giving law projects. A few entries have been added in relation to the prior plan’s inventory of projects (summarized in the January 2013 issue).

Tax-Exempt Organizations Law Projects

The tax-exempt organizations law projects in this plan are the following:

  • guidance as to the IRC § 501(c)(4) rules pertaining to measurement of an organization’s primary activity and whether it is operated primarily for the promotion of social welfare, including guidance relating to political campaign intervention [13.1(a), 23.5]
  • issuance of revenue procedures updating grantor and contributor reliance criteria (IRC §§ 170, 509)
  • issuance of revenue procedure to update Rev. Proc. 2011-33 for EO Select Check
  • promulgation of final regulations on the additional requirements for tax exemption for charitable hospitals (IRC §§ 501(r), 6033); proposed regulations have been issued (summarized in the August 2012 issue) [7.6(b)]
  • issuance of regulations regarding the return and filing requirements for the excise tax (IRC § 4959) for community health needs assessments failures by charitable hospitals (IRC §§ 6011, 6071) [7.6(b)(ii)]
  • promulgation of additional guidance on supporting organizations (IRC § 509(a)(3)) [12.3(c)]
  • publication of proposed regulations regarding the donor-advised fund rules enacted in 2006 [11.8(e)]
  • guidance on returns of exempt organizations (IRC § 6033) [27.2]
  • promulgation of final regulations concerning the IRS’s authority to disclose exempt organization information to state officials (IRC § 6104(c)); proposed regulations have been published (summarized in the May 2011 issue) [26.8]
  • publication of final regulations relating to church tax inquiries and examinations (IRC § 7611); proposed regulations have been published (summarized in the October 2009 issue) [26.6(c)]
  • issuance of regulations concerning program-related investments (IRC § 4944); proposed regulations have been issued (summarized in the June 2012 issue) [12.4(d)]
  • issuance of guidance regarding a private foundation’s investment in a partnership in which disqualified persons are also partners (IRC § 4941) [12.4(a)]
  • publication of regulations explaining the computation of unrelated business income of exempt voluntary employees’ beneficiary associations (IRC § 501(c)(9) entities) [24.10]
  • issuance of regulations concerning the fractions rule (IRC § 514(c)(9)) [24.12]

Charitable Giving Law Projects

The charitable giving law projects are the following:

  • publication of final regulations concerning the charitable deduction recordkeeping, substantiation, and appraisal requirements; proposed regulations have been published (summarized in the October 2008 issue) [21]
  • publication of regulations regarding donee substantiation of charitable contributions (IRC § 170(f)(8)) [21.3]
  • publication of regulations concerning the uniform basis of charitable remainder trusts (IRC § 1014) [12]
  • issuance of guidance regarding adjustments to prototype charitable remainder trust (IRC § 664) forms [12]

Other Law Projects

There are other tax law projects of note:

  • promulgation of final regulations concerning the penalty imposed for failure to maintain minimum essential coverage (IRC § 5000A); proposed regulations have been published (summarized in the April 2013 issue); the final regulations were published on August 27
  • issuance of final regulations to establish the method to be used by Blue Cross/Blue Shield organizations in determining the medical loss ratio (IRC § 833)
  • issuance of regulations addressing application of the lookback interest rules to certain pass-through entities with tax-exempt owners (IRC § 460)
  • issuance of final regulations regarding information reporting by affordable insurance exchanges (IRC § 36B)
  • guidance relating to United States v. Windsor (determining that the Defense of Marriage Act is unconstitutional) (referenced in last month’s issue)

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