Internal Revenue Bulletin: 2024-24 | Internal Revenue Service

Internal Revenue Bulletin: 2024-24 | Internal Revenue Service
HIGHLIGHTS OF THIS ISSUE
ADMINISTRATIVE
EMPLOYEE PLANS
EXEMPT ORGANIZATIONS
INCOME TAX
The IRS Mission
Introduction
Part I
Rev. Rul. 2024-11
Part III
Notice 2024-36
Credit for Carbon Oxide Sequestration 2024 Section 45Q Inflation Adjustment Factor
Notice 2024-39
Update for Weighted Average Interest Rates, Yield Curves, and Segment Rates
Notice 2024-40
Domestic Content Bonus Credit Amounts under the Inflation Reduction Act of 2022: Expansion of Applicable Projects for Safe Harbor in Notice 2023-38 and New Elective Safe Harbor to Determine Cost Percentages for Adjusted Percentage Rule
Notice 2024-41
Notice of Proposed Rulemaking
REG-124850-08
Part IV
Announcement 2024-22
Deletions From Cumulative List of Organizations, Contributions to Which are Deductible Under Section 170 of the Code
Announcement 2024-23
Updated Reference Standard 90.1 for § 179D
Announcement 2024-24
Definition of Terms
Abbreviations
Numerical Finding List1
Numerical Finding List
Finding List of Current Actions on Previously Published Items1
How to get the Internal Revenue Bulletin
INTERNAL REVENUE BULLETIN
We Welcome Comments About the Internal Revenue Bulletin
Internal Revenue Bulletin: 2024-24
June 10, 2024
HIGHLIGHTS OF THIS ISSUE
These synopses are intended only as aids to the reader in identifying the subject matter covered. They may not be relied upon as authoritative interpretations.
ADMINISTRATIVE
Rev. Rul. 2024-11, page 1459.
Interest rates: underpayments and overpayments. The rates for interest determined under Section 6621 of the code for the calendar quarter beginning July 1, 2024, will be 8 percent for overpayments (7 percent in the case of a corporation), 8 percent for underpayments, and 10 percent for large corporate underpayments. The rate of interest paid on the portion of a corporate overpayment exceeding $10,000 will be 5.5 percent.
26 CFR 301.6621-1: Interest rate.
EMPLOYEE PLANS
Notice 2024-40, page 1612.
This notice sets forth updates on the corporate bond monthly yield curve, the corresponding spot segment rates for April 2024 used under § 417(e)(3)(D), the 24-month average segment rates applicable for May 2024, and the 30-year Treasury rates, as reflected by the application of § 430(h)(2)(C)(iv).
EXEMPT ORGANIZATIONS
Announcement 2024-22, page 1673.
Revocation of IRC 501(c)(3) Organizations for failure to meet the code section requirements. Contributions made to the organizations by individual donors are no longer deductible under IRC 170(b)(1)(A).
Announcement 2024-23, page 1674.
The Internal Revenue Service has revoked its determination that Functional Health Inc qualifies as an organization described in sections 501(c )(3) and 170(c )(2) of the Internal Revenue Code of 1986. The revocation is effective January 31, 2018. If a suite for declaratory judgment has been timely filed, contributions from individuals and organizations described in section 170(c )(2) that are otherwise allowable will continue to be deductible. Protection under section 7428(c ) would begin on January 1, 2018 and would end on the date the court first determines the organization is not described in section 170(c )(2) as more particularly set for in section 7428(c )(1). For individual contributions, the maximum deduction protected is $1,000, with a husband and wife treated as one contributor. This benefit is not extended to any individual, in whole or in part, for the acts or omissions of the organization that were the basis for revocation.
INCOME TAX
Announcement 2024-24, page 1675.
This announcement notifies taxpayers of the applicable Reference Standard 90.1 required under § 179D(c)(2) of the Internal Revenue Code as part of the definition of energy efficient commercial building property (EECBP). This announcement supplements and supersedes Announcement 2023-1, 2023-3 I.R.B. 422 (2023), by affirming ASHRAE/IES Reference Standard 90.1-2022 as the applicable Reference Standard 90.1 for EECBP placed in service after December 31, 2028, and the construction of which did not begin by December 31, 2022.
Notice 2024-36, page 1479.
This notice clarifies and amplifies the previously established § 48C(e) guidance and allocation procedures published in Notices 2023-18 and 2023-44 by announcing the second round of credit allocations under the § 48C(e) program to allocate approximately $6 billion of § 48C credits, with approximately $2.4 billion in § 48C credits to be allocated to projects located in § 48C(e) Energy Communities Census Tracts. The notice also updates appendices A, B and C. Appendix A and B clarify § 48C(e) program priorities for this second round of allocations. Appendix C updates the list of § 48C(e) Energy Communities Census Tracts.
Notice 2024-39, page 1611.
This notice publishes the inflation adjustment factor for the carbon oxide sequestration credit under § 45Q for calendar year 2024. The inflation adjustment factor is used to determine the amount of the credit allowable under § 45Q for taxpayers that make an election under § 45Q(b)(3) to have the dollar amounts applicable under § 45Q(a)(1) or (2) apply. This notice also obsoletes Notice 2009-83 and Notice 2011-25.
Notice 2024-41, page 1615.
This notice modifies the existing domestic content safe harbor in Notice 2023-38, 2023-22 I.R.B. 872, by expanding the non-exclusive list of “Applicable Projects” in “Table 2--Categorization of Applicable Project Components” from Notice 2023-38 to include hydropower and pumped hydropower storage facilities, redesignating the “Utility scale photovoltaic system” Applicable Project as “Ground-mount and rooftop photovoltaic system,” and including certain Manufactured Product Components for previously listed Applicable Projects for the domestic content bonus credit amounts under §§ 45, 45Y, 48, and 48E of the Internal Revenue Code. The notice also provides a new elective safe harbor that taxpayers may use to classify Applicable Project Components and to calculate the Domestic Cost Percentage in an Applicable Project to qualify for the domestic content bonus credit amounts, and requests comments regarding the new elective safe harbor to inform the development of any future updates.
REG-124850-08, page 1624.
U.S. persons must report information about, and pay income taxes with respect to, certain transactions with foreign trusts. U.S. persons also must report information to the IRS when they receive large gifts, bequests, devises, or inheritances (foreign gifts) from foreign persons. The proposed regulations describe the transactions and the foreign gifts that must be reported to the IRS, as well as identify the U.S. persons who must report them and pay any corresponding income taxes. U.S. persons who fail to timely report this information to the IRS are subject to significant penalties, and the proposed regulations provide guidance regarding these penalties. Additionally, U.S. persons are treated as the owners of certain foreign trusts that have U.S. beneficiaries. The proposed regulations explain which foreign trusts have U.S. beneficiaries and identify the U.S. persons who are treated as the owners of these foreign trusts. REG-124850-08. Published May 8, 2024.
The IRS Mission
Provide America’s taxpayers top-quality service by helping them understand and meet their tax responsibilities and enforce the law with integrity and fairness to all.
Introduction
The Internal Revenue Bulletin is the authoritative instrument of the Commissioner of Internal Revenue for announcing official rulings and procedures of the Internal Revenue Service and for publishing Treasury Decisions, Executive Orders, Tax Conventions, legislation, court decisions, and other items of general interest. It is published weekly.
It is the policy of the Service to publish in the Bulletin all substantive rulings necessary to promote a uniform application of the tax laws, including all rulings that supersede, revoke, modify, or amend any of those previously published in the Bulletin. All published rulings apply retroactively unless otherwise indicated. Procedures relating solely to matters of internal management are not published; however, statements of internal practices and procedures that affect the rights and duties of taxpayers are published.
Revenue rulings represent the conclusions of the Service on the application of the law to the pivotal facts stated in the revenue ruling. In those based on positions taken in rulings to taxpayers or technical advice to Service field offices, identifying details and information of a confidential nature are deleted to prevent unwarranted invasions of privacy and to comply with statutory requirements.
Rulings and procedures reported in the Bulletin do not have the force and effect of Treasury Department Regulations, but they may be used as precedents. Unpublished rulings will not be relied on, used, or cited as precedents by Service personnel in the disposition of other cases. In applying published rulings and procedures, the effect of subsequent legislation, regulations, court decisions, rulings, and procedures must be considered, and Service personnel and others concerned are cautioned against reaching the same conclusions in other cases unless the facts and circumstances are substantially the same.
The Bulletin is divided into four parts as follows:
Part I.—1986 Code.
This part includes rulings and decisions based on provisions of the Internal Revenue Code of 1986.
Part II.—Treaties and Tax Legislation.
This part is divided into two subparts as follows: Subpart A, Tax Conventions and Other Related Items, and Subpart B, Legislation and Related Committee Reports.
Part III.—Administrative, Procedural, and Miscellaneous.
To the extent practicable, pertinent cross references to these subjects are contained in the other Parts and Subparts. Also included in this part are Bank Secrecy Act Administrative Rulings. Bank Secrecy Act Administrative Rulings are issued by the Department of the Treasury’s Office of the Assistant Secretary (Enforcement).
Part IV.—Items of General Interest.
This part includes notices of proposed rulemakings, disbarment and suspension lists, and announcements.
The last Bulletin for each month includes a cumulative index for the matters published during the preceding months. These monthly indexes are cumulated on a semiannual basis, and are published in the last Bulletin of each semiannual period.
Part I
Section 6621.—Determination of Rate of Interes
Rev. Rul. 2024-11
Section 6621 of the Internal Revenue Code establishes the interest rates on overpayments and underpayments of tax. Under section 6621(a)(1), the overpayment rate is the sum of the federal short-term rate plus 3 percentage points (2 percentage points in the case of a corporation), except the rate for the portion of a corporate overpayment of tax exceeding $10,000 for a taxable period is the sum of the federal short-term rate plus 0.5 of a percentage point. Under section 6621(a)(2), the underpayment rate is the sum of the federal short-term rate plus 3 percentage points.
Section 6621(c) provides that for purposes of interest payable under section 6601 on any large corporate underpayment, the underpayment rate under section 6621(a)(2) is determined by substituting “5 percentage points” for “3 percentage points.” See section 6621(c) and section 301.6621-3 of the Regulations on Procedure and Administration for the definition of a large corporate underpayment and for the rules for determining the applicable date. Section 6621(c) and section 301.6621-3 are generally effective for periods after December 31, 1990.
Section 6621(b)(1) provides that the Secretary will determine the federal short-term rate for the first month in each calendar quarter. Section 6621(b)(2)(A) provides that the federal short-term rate determined under section 6621(b)(1) for any month applies during the first calendar quarter beginning after that month. Section 6621(b)(3) provides that the federal short-term rate for any month is the federal short-term rate determined during that month by the Secretary in accordance with section 1274(d), rounded to the nearest full percent (or, if a multiple of 1/2 of 1 percent, the rate is increased to the next highest full percent).
Notice 88-59, 1988-1 C.B. 546, announced that in determining the quarterly interest rates to be used for overpayments and underpayments of tax under section 6621, the Internal Revenue Service will use the federal short-term rate based on daily compounding because that rate is most consistent with section 6621 which, pursuant to section 6622, is subject to daily compounding.
The federal short-term rate determined in accordance with section 1274(d) during April 2024 is the rate published in Revenue Ruling 2024-9, 2024-19 IRB 964, to take effect beginning May 1, 2024. The federal short-term rate, rounded to the nearest full percent, based on daily compounding determined during the month of April 2024 is 5 percent. Accordingly, an overpayment rate of 8 percent (7 percent in the case of a corporation) and an underpayment rate of 8 percent are established for the calendar quarter beginning July 1, 2024. The overpayment rate for the portion of a corporate overpayment exceeding $10,000 for the calendar quarter beginning July 1, 2024, is 5.5 percent. The underpayment rate for large corporate underpayments for the calendar quarter beginning July 1, 2024, is 10 percent. These rates apply to amounts bearing interest during that calendar quarter.
Sections 6654(a)(1) and 6655(a)(1) provide that the underpayment rate established under section 6621 applies in determining the addition to tax under sections 6654 and 6655 for failure to pay estimated tax for any taxable year. Thus, the 8 percent rate also applies to estimated tax underpayments for the third calendar quarter beginning July 1, 2024. In addition, pursuant to section 6603(d)(4), the rate of interest on section 6603 deposits is 5 percent for the third calendar quarter in 2024.
Interest factors for daily compound interest for annual rates of 5.5 percent, 7 percent, 8 percent and 10 percent are published in Tables 64, 67, 69 and 73 of Rev. Proc. 95-17, 1995-1 C.B. 618, 621, 623, and 627.
Annual interest rates to be compounded daily pursuant to section 6622 that apply for prior periods are set forth in the tables accompanying this revenue ruling.
DRAFTING INFORMATION
The principal author of this revenue ruling is Casey R. Conrad of the Office of the Associate Chief Counsel (Procedure and Administration). For further information regarding this revenue ruling, contact Mr. Conrad at (202) 317-6844 (not a toll-free call).
APPENDIX A
365 Day Year
0.5% Compound Rate 184 Days
Days
Factor
Days
Factor
Days
Factor
0.000013699
63
0.000863380
125
0.001713784
0.000027397
64
0.000877091
126
0.001727506
0.000041096
65
0.000890801
127
0.001741228
0.000054796
66
0.000904512
128
0.001754951
0.000068495
67
0.000918223
129
0.001768673
0.000082195
68
0.000931934
130
0.001782396
0.000095894
69
0.000945646
131
0.001796119
0.000109594
70
0.000959357
132
0.001809843
0.000123294
71
0.000973069
133
0.001823566
10
0.000136995
72
0.000986781
134
0.001837290
11
0.000150695
73
0.001000493
135
0.001851013
12
0.000164396
74
0.001014206
136
0.001864737
13
0.000178097
75
0.001027918
137
0.001878462
14
0.000191798
76
0.001041631
138
0.001892186
15
0.000205499
77
0.001055344
139
0.001905910
16
0.000219201
78
0.001069057
140
0.001919635
17
0.000232902
79
0.001082770
141
0.001933360
18
0.000246604
80
0.001096484
142
0.001947085
19
0.000260306
81
0.001110197
143
0.001960811
20
0.000274008
82
0.001123911
144
0.001974536
21
0.000287711
83
0.001137625
145
0.001988262
22
0.000301413
84
0.001151339
146
0.002001988
23
0.000315116
85
0.001165054
147
0.002015714
24
0.000328819
86
0.001178768
148
0.002029440
25
0.000342522
87
0.001192483
149
0.002043166
26
0.000356225
88
0.001206198
150
0.002056893
27
0.000369929
89
0.001219913
151
0.002070620
28
0.000383633
90
0.001233629
152
0.002084347
29
0.000397336
91
0.001247344
153
0.002098074
30
0.000411041
92
0.001261060
154
0.002111801
31
0.000424745
93
0.001274776
155
0.002125529
32
0.000438449
94
0.001288492
156
0.002139257
33
0.000452154
95
0.001302208
157
0.002152985
34
0.000465859
96
0.001315925
158
0.002166713
35
0.000479564
97
0.001329641
159
0.002180441
36
0.000493269
98
0.001343358
160
0.002194169
37
0.000506974
99
0.001357075
161
0.002207898
38
0.000520680
100
0.001370792
162
0.002221627
39
0.000534386
101
0.001384510
163
0.002235356
40
0.000548092
102
0.001398227
164
0.002249085
41
0.000561798
103
0.001411945
165
0.002262815
42
0.000575504
104
0.001425663
166
0.002276544
43
0.000589211
105
0.001439381
167
0.002290274
44
0.000602917
106
0.001453100
168
0.002304004
45
0.000616624
107
0.001466818
169
0.002317734
46
0.000630331
108
0.001480537
170
0.002331465
47
0.000644039
109
0.001494256
171
0.002345195
48
0.000657746
110
0.001507975
172
0.002358926
49
0.000671454
111
0.001521694
173
0.002372657
50
0.000685161
112
0.001535414
174
0.002386388
51
0.000698869
113
0.001549133
175
0.002400120
52
0.000712578
114
0.001562853
176
0.002413851
53
0.000726286
115
0.001576573
177
0.002427583
54
0.000739995
116
0.001590293
178
0.002441315
55
0.000753703
117
0.001604014
179
0.002455047
56
0.000767412
118
0.001617734
180
0.002468779
57
0.000781121
119
0.001631455
181
0.002482511
58
0.000794831
120
0.001645176
182
0.002496244
59
0.000808540
121
0.001658897
183
0.002509977
60
0.000822250
122
0.001672619
184
0.002523710
61
0.000835960
123
0.001686340
62
0.000849670
124
0.001700062
366 Day Year
0.5% Compound Rate 184 Days
Days
Factor
Days
Factor
Days
Factor
0.000013661
63
0.000861020
125
0.001709097
0.000027323
64
0.000874693
126
0.001722782
0.000040984
65
0.000888366
127
0.001736467
0.000054646
66
0.000902040
128
0.001750152
0.000068308
67
0.000915713
129
0.001763837
0.000081970
68
0.000929387
130
0.001777522
0.000095632
69
0.000943061
131
0.001791208
0.000109295
70
0.000956735
132
0.001804893
0.000122958
71
0.000970409
133
0.001818579
10
0.000136620
72
0.000984084
134
0.001832265
11
0.000150283
73
0.000997758
135
0.001845951
12
0.000163947
74
0.001011433
136
0.001859638
13
0.000177610
75
0.001025108
137
0.001873324
14
0.000191274
76
0.001038783
138
0.001887011
15
0.000204938
77
0.001052459
139
0.001900698
16
0.000218602
78
0.001066134
140
0.001914385
17
0.000232266
79
0.001079810
141
0.001928073
18
0.000245930
80
0.001093486
142
0.001941760
19
0.000259595
81
0.001107162
143
0.001955448
20
0.000273260
82
0.001120839
144
0.001969136
21
0.000286924
83
0.001134515
145
0.001982824
22
0.000300590
84
0.001148192
146
0.001996512
23
0.000314255
85
0.001161869
147
0.002010201
24
0.000327920
86
0.001175546
148
0.002023889
25
0.000341586
87
0.001189223
149
0.002037578
26
0.000355252
88
0.001202900
150
0.002051267
27
0.000368918
89
0.001216578
151
0.002064957
28
0.000382584
90
0.001230256
152
0.002078646
29
0.000396251
91
0.001243934
153
0.002092336
30
0.000409917
92
0.001257612
154
0.002106025
31
0.000423584
93
0.001271291
155
0.002119715
32
0.000437251
94
0.001284969
156
0.002133405
33
0.000450918
95
0.001298648
157
0.002147096
34
0.000464586
96
0.001312327
158
0.002160786
35
0.000478253
97
0.001326006
159
0.002174477
36
0.000491921
98
0.001339685
160
0.002188168
37
0.000505589
99
0.001353365
161
0.002201859
38
0.000519257
100
0.001367044
162
0.002215550
39
0.000532925
101
0.001380724
163
0.002229242
40
0.000546594
102
0.001394404
164
0.002242933
41
0.000560262
103
0.001408085
165
0.002256625
42
0.000573931
104
0.001421765
166
0.002270317
43
0.000587600
105
0.001435446
167
0.002284010
44
0.000601269
106
0.001449127
168
0.002297702
45
0.000614939
107
0.001462808
169
0.002311395
46
0.000628608
108
0.001476489
170
0.002325087
47
0.000642278
109
0.001490170
171
0.002338780
48
0.000655948
110
0.001503852
172
0.002352473
49
0.000669618
111
0.001517533
173
0.002366167
50
0.000683289
112
0.001531215
174
0.002379860
51
0.000696959
113
0.001544897
175
0.002393554
52
0.000710630
114
0.001558580
176
0.002407248
53
0.000724301
115
0.001572262
177
0.002420942
54
0.000737972
116
0.001585945
178
0.002434636
55
0.000751643
117
0.001599628
179
0.002448331
56
0.000765315
118
0.001613311
180
0.002462025
57
0.000778986
119
0.001626994
181
0.002475720
58
0.000792658
120
0.001640678
182
0.002489415
59
0.000806330
121
0.001654361
183
0.002503110
60
0.000820003
122
0.001668045
184
0.002516806
61
0.000833675
123
0.001681729
62
0.000847348
124
0.001695413
TABLE OF INTEREST RATES PERIODS BEFORE JUL. 1, 1975 – PERIODS ENDING DEC. 31, 1986 OVERPAYMENTS AND UNDERPAYMENTS
PERIOD
RATE
In 1995-1 C.B. DAILY RATE TABLE
Before Jul. 1, 1975
6%
Table
2,
pg.
557
Jul. 1, 1975–Jan. 31, 1976
9%
Table
4,
pg.
559
Feb. 1, 1976–Jan. 31, 1978
7%
Table
3,
pg.
558
Feb. 1, 1978–Jan. 31, 1980
6%
Table
2,
pg.
557
Feb. 1, 1980–Jan. 31, 1982
12%
Table
5,
pg.
560
Feb. 1, 1982–Dec. 31, 1982
20%
Table
6,
pg.
560
Jan. 1, 1983–Jun. 30, 1983
16%
Table
37,
pg.
591
Jul. 1, 1983–Dec. 31, 1983
11%
Table
27,
pg.
581
Jan. 1, 1984–Jun. 30, 1984
11%
Table
75,
pg.
629
Jul. 1, 1984–Dec. 31, 1984
11%
Table
75,
pg.
629
Jan. 1, 1985–Dec. 31, 1985
13%
Table
31,
pg.
585
Jul. 1, 1985–Dec. 31, 1985
11%
Table
27,
pg.
581
Jan. 1, 1986–Jun. 30, 1986
10%
Table
25,
pg.
579
Jul. 1, 1986–Dec. 31, 1986
9%
Table
23,
pg.
577
TABLE OF INTEREST RATES FROM JAN. 1, 1987 – Dec. 31, 1998
OVERPAYMENTS
UNDERPAYMENTS
1995-1 C.B.
1995-1 C.B. RATE
RATE
TABLE
PG
RATE
TABLE
PG
Jan. 1, 1987–Mar. 31, 1987
8%
21
575
9%
23
577
Apr. 1, 1987–Jun. 30, 1987
8%
21
575
9%
23
577
Jul. 1, 1987–Sep. 30, 1987
8%
21
575
9%
23
577
Oct. 1, 1987–Dec. 31, 1987
9%
23
577
10%
25
579
Jan. 1, 1988–Mar. 31, 1988
10%
73
627
11%
75
629
Apr. 1, 1988–Jun. 30, 1988
9%
71
625
10%
73
627
Jul. 1, 1988–Sep. 30, 1988
9%
71
625
10%
73
627
Oct. 1, 1988–Dec. 31, 1988
10%
73
627
11%
75
629
Jan. 1, 1989–Mar. 31, 1989
10%
25
579
11%
27
581
Apr. 1, 1989–Jun. 30, 1989
11%
27
581
12%
29
583
Jul. 1, 1989–Sep. 30, 1989
11%
27
581
12%
29
583
Oct. 1, 1989–Dec. 31, 1989
10%
25
579
11%
27
581
Jan. 1, 1990–Mar. 31, 1990
10%
25
579
11%
27
581
Apr. 1, 1990–Jun. 30, 1990
10%
25
579
11%
27
581
Jul. 1, 1990–Sep. 30, 1990
10%
25
579
11%
27
581
Oct. 1, 1990–Dec. 31, 1990
10%
25
579
11%
27
581
Jan. 1, 1991–Mar. 31, 1991
10%
25
579
11%
27
581
Apr. 1, 1991–Jun. 30, 1991
9%
23
577
10%
25
579
Jul. 1, 1991–Sep. 30, 1991
9%
23
577
10%
25
579
Oct. 1, 1991–Dec. 31, 1991
9%
23
577
10%
25
579
Jan. 1, 1992–Mar. 31, 1992
8%
69
623
9%
71
625
Apr. 1, 1992–Jun. 30, 1992
7%
67
621
8%
69
623
Jul. 1, 1992–Sep. 30, 1992
7%
67
621
8%
69
623
Oct. 1, 1992–Dec. 31, 1992
6%
65
619
7%
67
621
Jan. 1, 1993–Mar. 31, 1993
6%
17
571
7%
19
573
Apr. 1, 1993–Jun. 30, 1993
6%
17
571
7%
19
573
Jul. 1, 1993–Sep. 30, 1993
6%
17
571
7%
19
573
Oct. 1, 1993–Dec. 31, 1993
6%
17
571
7%
19
573
Jan. 1, 1994–Mar. 31, 1994
6%
17
571
7%
19
573
Apr. 1, 1994–Jun. 30, 1994
6%
17
571
7%
19
573
Jul. 1, 1994–Sep. 30, 1994
7%
19
573
8%
21
575
Oct. 1, 1994–Dec. 31, 1994
8%
21
575
9%
23
577
Jan. 1, 1995–Mar. 31, 1995
8%
21
575
9%
23
577
Apr. 1, 1995–Jun. 30, 1995
9%
23
577
10%
25
579
Jul. 1, 1995–Sep. 30, 1995
8%
21
575
9%
23
577
Oct. 1, 1995–Dec. 31, 1995
8%
21
575
9%
23
577
Jan. 1, 1996–Mar. 31, 1996
8%
69
623
9%
71
625
Apr. 1, 1996–Jun. 30, 1996
7%
67
621
8%
69
623
Jul. 1, 1996–Sep. 30, 1996
8%
69
623
9%
71
625
Oct. 1, 1996–Dec. 31, 1996
8%
69
623
9%
71
625
Jan. 1, 1997–Mar. 31, 1997
8%
21
575
9%
23
577
Apr. 1, 1997–Jun. 30, 1997
8%
21
575
9%
23
577
Jul. 1, 1997–Sep. 30, 1997
8%
21
575
9%
23
577
Oct. 1, 1997–Dec. 31, 1997
8%
21
575
9%
23
577
Jan. 1, 1998–Mar. 31, 1998
8%
21
575
9%
23
577
Apr. 1, 1998–Jun. 30, 1998
7%
19
573
8%
21
575
Jul. 1, 1998–Sep. 30, 1998
7%
19
573
8%
21
575
Oct. 1, 1998–Dec. 31, 1998
7%
19
573
8%
21
575
TABLE OF INTEREST RATES FROM JANUARY 1, 1999 – PRESENT NONCORPORATE OVERPAYMENTS AND UNDERPAYMENTS
1995-1 C.B.
RATE
TABLE
PAGE
Jan. 1, 1999–Mar. 31, 1999
7%
19
573
Apr. 1, 1999–Jun. 30, 1999
8%
21
575
Jul. 1, 1999–Sep. 30, 1999
8%
21
575
Oct. 1, 1999–Dec. 31, 1999
8%
21
575
Jan. 1, 2000–Mar. 31, 2000
8%
69
623
Apr. 1, 2000–Jun. 30, 2000
9%
71
625
Jul. 1, 2000–Sep. 30, 2000
9%
71
625
Oct. 1, 2000–Dec. 31, 2000
9%
71
625
Jan. 1, 2001–Mar. 31, 2001
9%
23
577
Apr. 1, 2001–Jun. 30, 2001
8%
21
575
Jul. 1, 2001–Sep. 30, 2001
7%
19
573
Oct. 1, 2001–Dec. 31, 2001
7%
19
573
Jan. 1, 2002–Mar. 31, 2002
6%
17
571
Apr. 1, 2002–Jun. 30, 2002
6%
17
571
Jul. 1, 2002–Sep. 30, 2002
6%
17
571
Oct. 1, 2002–Dec. 31, 2002
6%
17
571
Jan. 1, 2003–Mar. 31, 2003
5%
15
569
Apr. 1, 2003–Jun. 30, 2003
5%
15
569
Jul. 1, 2003–Sep. 30, 2003
5%
15
569
Oct. 1, 2003–Dec. 31, 2003
4%
13
567
Jan. 1, 2004–Mar. 31, 2004
4%
61
615
Apr. 1, 2004–Jun. 30, 2004
5%
63
617
Jul. 1, 2004–Sep. 30, 2004
4%
61
615
Oct. 1, 2004–Dec. 31, 2004
5%
63
617
Jan. 1, 2005–Mar. 31, 2005
5%
15
569
Apr. 1, 2005–Jun. 30, 2005
6%
17
571
Jul. 1, 2005–Sep. 30, 2005
6%
17
571
Oct. 1, 2005–Dec. 31, 2005
7%
19
573
Jan. 1, 2006–Mar. 31, 2006
7%
19
573
Apr. 1, 2006–Jun. 30, 2006
7%
19
573
Jul. 1, 2006–Sep. 30, 2006
8%
21
575
Oct. 1, 2006–Dec. 31, 2006
8%
21
575
Jan. 1, 2007–Mar. 31, 2007
8%
21
575
Apr. 1, 2007–Jun. 30, 2007
8%
21
575
Jul. 1, 2007–Sep. 30, 2007
8%
21
575
Oct. 1, 2007–Dec. 31, 2007
8%
21
575
Jan. 1, 2008–Mar. 31, 2008
7%
67
621
Apr. 1, 2008–Jun. 30, 2008
6%
65
619
Jul. 1, 2008–Sep. 30, 2008
5%
63
617
Oct. 1, 2008–Dec. 31, 2008
6%
65
619
Jan. 1, 2009–Mar. 31, 2009
5%
15
569
Apr. 1, 2009–Jun. 30, 2009
4%
13
567
Jul. 1, 2009–Sep. 30, 2009
4%
13
567
Oct. 1, 2009–Dec. 31, 2009
4%
13
567
Jan. 1, 2010–Mar. 31, 2010
4%
13
567
Apr. 1, 2010–Jun. 30, 2010
4%
13
567
Jul. 1, 2010–Sep. 30, 2010
4%
13
567
Oct. 1, 2010–Dec. 31, 2010
4%
13
567
Jan. 1, 2011–Mar. 31, 2011
3%
11
565
Apr. 1, 2011–Jun. 30, 2011
4%
13
567
Jul. 1, 2011–Sep. 30, 2011
4%
13
567
Oct. 1, 2011–Dec. 31, 2011
3%
11
565
Jan. 1, 2012–Mar. 31, 2012
3%
59
613
Apr. 1, 2012–Jun. 30, 2012
3%
59
613
Jul. 1, 2012–Sep. 30, 2012
3%
59
613
Oct. 1, 2012–Dec. 31, 2012
3%
59
613
Jan. 1, 2013–Mar. 31, 2013
3%
11
565
Apr. 1, 2013–Jun. 30, 2013
3%
11
565
Jul. 1, 2013–Sep. 30, 2013
3%
11
565
Oct. 1, 2013–Dec. 31, 2013
3%
11
565
Jan. 1, 2014–Mar. 31, 2014
3%
11
565
Apr. 1, 2014–Jun. 30, 2014
3%
11
565
Jul. 1, 2014–Sep. 30, 2014
3%
11
565
Oct. 1, 2014–Dec. 31, 2014
3%
11
565
Jan. 1, 2015–Mar. 31, 2015
3%
11
565
Apr. 1, 2015–Jun. 30, 2015
3%
11
565
Jul. 1, 2015–Sep. 30, 2015
3%
11
565
Oct. 1, 2015–Dec. 31, 2015
3%
11
565
Jan. 1, 2016–Mar. 31, 2016
3%
59
613
Apr. 1, 2016–Jun. 30, 2016
4%
61
615
Jul. 1, 2016–Sep. 30, 2016
4%
61
615
Oct. 1, 2016–Dec. 31, 2016
4%
61
615
Jan. 1, 2017–Mar. 31, 2017
4%
13
567
Apr. 1, 2017–Jun. 30, 2017
4%
13
567
Jul. 1, 2017–Sep. 30, 2017
4%
13
567
Oct. 1, 2017–Dec. 31, 2017
4%
13
567
Jan. 1, 2018–Mar. 31, 2018
4%
13
567
Apr. 1, 2018–Jun. 30, 2018
5%
15
569
Jul. 1, 2018–Sep. 30, 2018
5%
15
569
Oct. 1, 2018–Dec. 31, 2018
5%
15
569
Jan. 1, 2019–Mar. 31, 2019
6%
17
571
Apr. 1, 2019–Jun. 30, 2019
6%
17
571
Jul. 1, 2019–Sep. 30, 2019
5%
15
569
Oct. 1, 2019–Dec. 31, 2019
5%
15
569
Jan. 1, 2020–Mar. 31, 2020
5%
63
617
Apr. 1, 2020–Jun. 30, 2020
5%
63
617
Jul. 1, 2020–Sep. 30, 2020
3%
59
613
Oct. 1, 2020–Dec. 31, 2020
3%
59
613
Jan. 1, 2021–Mar. 31, 2021
3%
11
565
Apr. 1, 2021–Jun. 30, 2021
3%
11
565
Jul. 1, 2021–Sep. 30, 2021
3%
11
565
Oct. 1, 2021–Dec. 31, 2021
3%
11
565
Jan. 1, 2022–Mar. 31, 2022
3%
11
565
Apr. 1, 2022–Jun. 30, 2022
4%
13
567
Jul. 1, 2022–Sep. 30, 2022
5%
15
569
Oct. 1, 2022–Dec. 31, 2022
6%
17
571
Jan. 1, 2023–Mar. 31, 2023
7%
19
573
Apr. 1, 2023–Jun. 30, 2023
7%
19
573
Jul. 1, 2023–Sep. 30, 2023
7%
19
573
Oct. 1, 2023–Dec. 31, 2023
8%
21
575
Jan. 1, 2024–Mar. 31, 2024
8%
69
623
Apr. 1, 2024–Jun. 30, 2024
8%
69
623
Jul. 1, 2024–Sep. 30, 2024
8%
69
623
TABLE OF INTEREST RATES FROM JANUARY 1, 1999 – PRESENT CORPORATE OVERPAYMENTS AND UNDERPAYMENTS
OVERPAYMENTS
UNDERPAYMENTS
1995-1 C.B.
1995-1 C.B.
RATE
TABLE
PG
RATE
TABLE
PG
Jan. 1, 1999–Mar. 31, 1999
6%
17
571
7%
19
573
Apr. 1, 1999–Jun. 30, 1999
7%
19
573
8%
21
575
Jul. 1, 1999–Sep. 30, 1999
7%
19
573
8%
21
575
Oct. 1, 1999–Dec. 31, 1999
7%
19
573
8%
21
575
Jan. 1, 2000–Mar. 30, 2000
7%
67
621
8%
69
623
Apr. 1, 2000–Jun. 30, 2000
8%
69
623
9%
71
625
Jul. 1, 2000–Sep. 30, 2000
8%
69
623
9%
71
625
Oct. 1, 2000–Dec. 31, 2000
8%
69
623
9%
71
625
Jan. 1, 2001–Mar. 31, 2001
8%
21
575
9%
23
577
Apr. 1, 2001–Jun. 30, 2001
7%
19
573
8%
21
575
Jul. 1, 2001–Sep. 30, 2001
6%
17
571
7%
19
573
Oct. 1, 2001–Dec. 31, 2001
6%
17
571
7%
19
573
Jan. 1, 2002–Mar. 31, 2002
5%
15
569
6%
17
571
Apr. 1, 2002–Jun. 30, 2002
5%
15
569
6%
17
571
Jul. 1, 2002–Sep. 30, 2002
5%
15
569
6%
17
571
Oct. 1, 2002–Dec. 31, 2002
5%
15
569
6%
17
571
Jan. 1, 2003–Mar. 31, 2003
4%
13
567
5%
15
569
Apr. 1, 2003–Jun. 30, 2003
4%
13
567
5%
15
569
Jul. 1, 2003–Sep. 30, 2003
4%
13
567
5%
15
569
Oct. 1, 2003–Dec. 31, 2003
3%
11
565
4%
13
567
Jan. 1, 2004–Mar. 31, 2004
3%
59
613
4%
61
615
Apr. 1, 2004–Jun. 30, 2004
4%
61
615
5%
63
617
Jul. 1, 2004–Sep. 30, 2004
3%
59
613
4%
61
615
Oct. 1, 2004–Dec. 31, 2004
4%
61
615
5%
63
617
Jan. 1, 2005–Mar. 31, 2005
4%
13
567
5%
15
569
Apr. 1, 2005–Jun. 30, 2005
5%
15
569
6%
17
571
Jul. 1, 2005–Sep. 30, 2005
5%
15
569
6%
17
571
Oct. 1, 2005–Dec. 31, 2005
6%
17
571
7%
19
573
Jan. 1, 2006–Mar. 31, 2006
6%
17
571
7%
19
573
Apr. 1, 2006–Jun. 30, 2006
6%
17
571
7%
19
573
Jul. 1, 2006–Sep. 30, 2006
7%
19
573
8%
21
575
Oct. 1, 2006–Dec. 31, 2006
7%
19
573
8%
21
575
Jan. 1, 2007–Mar. 31, 2007
7%
19
573
8%
21
575
Apr. 1, 2007–Jun. 30, 2007
7%
19
573
8%
21
575
Jul. 1, 2007–Sep. 30, 2007
7%
19
573
8%
21
575
Oct. 1, 2007–Dec. 31, 2007
7%
19
573
8%
21
575
Jan. 1, 2008–Mar. 31, 2008
6%
65
619
7%
67
621
Apr. 1, 2008–Jun. 30, 2008
5%
63
617
6%
65
619
Jul. 1, 2008–Sep. 30, 2008
4%
61
615
5%
63
617
Oct. 1, 2008–Dec. 31, 2008
5%
63
617
6%
65
619
Jan. 1, 2009–Mar. 31, 2009
4%
13
567
5%
15
569
Apr. 1, 2009–Jun. 30, 2009
3%
11
565
4%
13
567
Jul. 1, 2009–Sep. 30, 2009
3%
11
565
4%
13
567
Oct. 1, 2009–Dec. 31, 2009
3%
11
565
4%
13
567
Jan. 1, 2010–Mar. 31, 2010
3%
11
565
4%
13
567
Apr. 1, 2010–Jun. 30, 2010
3%
11
565
4%
13
567
Jul. 1, 2010–Sep. 30, 2010
3%
11
565
4%
13
567
Oct. 1, 2010–Dec. 31, 2010
3%
11
565
4%
13
567
Jan. 1, 2011–Mar. 31, 2011
2%
563
3%
11
565
Apr. 1, 2011–Jun. 30, 2011
3%
11
565
4%
13
567
Jul. 1, 2011–Sep. 30, 2011
3%
11
565
4%
13
567
Oct. 1, 2011–Dec. 31, 2011
2%
563
3%
11
565
Jan. 1, 2012–Mar. 31, 2012
2%
57
611
3%
59
613
Apr. 1, 2012–Jun. 30, 2012
2%
57
611
3%
59
613
Jul. 1, 2012–Sep. 30, 2012
2%
57
611
3%
59
613
Oct. 1, 2012–Dec. 31, 2012
2%
57
611
3%
59
613
Jan. 1, 2013–Mar. 31, 2013
2%
563
3%
11
565
Apr. 1, 2013–Jun. 30, 2013
2%
563
3%
11
565
Jul. 1, 2013–Sep. 30, 2013
2%
563
3%
11
565
Oct. 1, 2013–Dec. 31, 2013
2%
563
3%
11
565
Jan. 1, 2014–Mar. 31, 2014
2%
563
3%
11
565
Apr. 1, 2014–Jun. 30, 2014
2%
563
3%
11
565
Jul. 1, 2014–Sep. 30, 2014
2%
563
3%
11
565
Oct. 1, 2014–Dec. 31, 2014
2%
563
3%
11
565
Jan. 1, 2015–Mar. 31, 2015
2%
563
3%
11
565
Apr. 1, 2015–Jun. 30, 2015
2%
563
3%
11
565
Jul. 1, 2015–Sep. 30, 2015
2%
563
3%
11
565
Oct. 1, 2015–Dec. 31, 2015
2%
563
3%
11
565
Jan. 1, 2016–Mar. 31, 2016
2%
57
611
3%
59
613
Apr. 1, 2016–Jun. 30, 2016
3%
59
613
4%
61
615
Jul. 1, 2016–Sep. 30, 2016
3%
59
613
4%
61
615
Oct. 1, 2016–Dec. 31, 2016
3%
59
613
4%
61
615
Jan. 1, 2017–Mar. 31, 2017
3%
11
565
4%
13
567
Apr. 1, 2017–Jun. 30, 2017
3%
11
565
4%
13
567
Jul. 1, 2017–Sep. 30, 2017
3%
11
565
4%
13
567
Oct. 1, 2017–Dec. 31, 2017
3%
11
565
4%
13
567
Jan. 1, 2018–Mar. 31, 2018
3%
11
565
4%
13
567
Apr. 1, 2018–Jun. 30, 2018
4%
13
567
5%
15
569
Jul. 1, 2018–Sep. 30, 2018
4%
13
567
5%
15
569
Oct. 1, 2018–Dec. 31, 2018
4%
13
567
5%
15
569
Jan. 1, 2019–Mar. 31, 2019
5%
15
569
6%
17
571
Apr. 1, 2019–Jun. 30, 2019
5%
15
569
6%
17
571
Jul. 1, 2019–Sep. 30, 2019
4%
13
567
5%
15
569
Oct. 1, 2019–Dec. 31, 2019
4%
13
567
5%
15
569
Jan. 1, 2020–Mar. 31, 2020
4%
61
615
5%
63
617
Apr. 1, 2020–Jun. 30, 2020
4%
61
615
5%
63
617
Jul. 1, 2020–Sep. 30, 2020
2%
57
611
3%
59
613
Oct. 1, 2020–Dec. 31, 2020
2%
57
611
3%
59
613
Jan. 1, 2021–Mar. 31, 2021
2%
563
3%
11
565
Apr. 1, 2021–Jun. 30, 2021
2%
563
3%
11
565
Jul. 1, 2021–Sep. 30, 2021
2%
563
3%
11
565
Oct. 1, 2021–Dec. 31, 2021
2%
563
3%
11
565
Jan. 1, 2022–Mar. 31, 2022
2%
563
3%
11
565
Apr. 1, 2022–Jun. 30, 2022
3%
11
565
4%
13
567
Jul. 1, 2022–Sep. 30, 2022
4%
13
567
5%
15
569
Oct. 1, 2022–Dec. 31, 2022
5%
15
569
6%
17
571
Jan. 1, 2023–Mar. 31, 2023
6%
17
571
7%
19
573
Apr. 1, 2023–Jun. 30, 2023
6%
17
571
7%
19
573
Jul. 1, 2023–Sep. 30, 2023
6%
17
571
7%
19
573
Oct. 1, 2023–Dec. 31, 2023
7%
19
573
8%
21
575
Jan. 1, 2024–Mar. 31, 2024
7%
67
621
8%
69
623
Apr. 1, 2024–Jun. 30, 2024
7%
67
621
8%
69
623
Jul. 1, 2024–Sep. 30, 2024
7%
67
621
8%
69
623
TABLE OF INTEREST RATES FOR LARGE CORPORATE UNDERPAYMENTS FROM JANUARY 1, 1991 – PRESENT
1995-1 C.B.
RATE
TABLE
PG
Jan. 1, 1991–Mar. 31, 1991
13%
31
585
Apr. 1, 1991–Jun. 30, 1991
12%
29
583
Jul. 1, 1991–Sep. 30, 1991
12%
29
583
Oct. 1, 1991–Dec. 31, 1991
12%
29
583
Jan. 1, 1992–Mar. 31, 1992
11%
75
629
Apr. 1, 1992–Jun. 30, 1992
10%
73
627
Jul. 1, 1992–Sep. 30, 1992
10%
73
627
Oct. 1, 1992–Dec. 31, 1992
9%
71
625
Jan. 1, 1993–Mar. 31, 1993
9%
23
577
Apr. 1, 1993–Jun. 30, 1993
9%
23
577
Jul. 1, 1993–Sep. 30, 1993
9%
23
577
Oct. 1, 1993–Dec. 31, 1993
9%
23
577
Jan. 1, 1994–Mar. 31, 1994
9%
23
577
Apr. 1, 1994–Jun. 30, 1994
9%
23
577
Jul. 1, 1994–Sep. 30, 1994
10%
25
579
Oct. 1, 1994–Dec. 31, 1994
11%
27
581
Jan. 1, 1995–Jun. 30, 1995
11%
27
581
Apr. 1, 1995–Jun. 30, 1995
12%
29
583
Jul. 1, 1995–Sep. 30, 1995
11%
27
581
Oct. 1, 1995–Dec. 31, 1995
11%
27
581
Jan. 1, 1996–Mar. 31, 1996
11%
75
629
Apr. 1, 1996–Jun. 30, 1996
10%
73
627
Jul. 1, 1996–Sep. 30, 1996
11%
75
629
Oct. 1, 1996–Dec. 31, 1996
11%
75
629
Jan. 1, 1997–Mar. 31, 1997
11%
27
581
Apr. 1, 1997–Jun. 30, 1997
11%
27
581
Jul. 1, 1997–Sep. 30, 1997
11%
27
581
Oct. 1, 1997–Dec. 31, 1997
11%
27
581
Jan. 1, 1998–Mar. 31, 1998
11%
27
581
Apr. 1, 1998–Jun. 30, 1998
10%
25
579
Jul. 1, 1998–Sep. 30, 1998
10%
25
579
Oct. 1, 1998–Dec. 31, 1998
10%
25
579
Jan. 1, 1999–Mar. 31, 1999
9%
23
577
Apr. 1, 1999–Jun. 30, 1999
10%
25
579
Jul. 1, 1999–Sep. 30, 1999
10%
25
579
Oct. 1, 1999–Dec. 31, 1999
10%
25
579
Jan. 1, 2000–Mar. 31, 2000
10%
73
627
Apr. 1, 2000–Jun. 30, 2000
11%
75
629
Jul. 1, 2000–Sep. 30, 2000
11%
75
629
Oct. 1, 2000–Dec. 31, 2000
11%
75
629
Jan. 1, 2001–Mar. 31, 2001
11%
27
581
Apr. 1, 2001–Jun. 30, 2001
10%
25
579
Jul. 1, 2001–Sep. 30, 2001
9%
23
577
Oct. 1, 2001–Dec. 31, 2001
9%
23
577
Jan. 1, 2002–Mar. 31, 2002
8%
21
575
Apr. 1, 2002–Sep. 30, 2002
8%
21
575
Jul. 1, 2002–Sep. 30, 2002
8%
21
575
Oct. 1, 2002–Dec. 31, 2002
8%
21
575
Jan. 1, 2003–Mar. 31, 2003
7%
19
573
Apr. 1, 2003–Jun. 30, 2003
7%
19
573
Jul. 1, 2003–Sep. 30, 2003
7%
19
573
Oct. 1, 2003–Dec. 31, 2003
6%
17
571
Jan. 1, 2004–Mar. 31, 2004
6%
65
619
Apr. 1, 2004–Jun. 30, 2004
7%
67
621
Jul. 1, 2004–Sep. 30, 2004
6%
65
619
Oct. 1, 2004–Dec. 31, 2004
7%
67
621
Jan. 1, 2005–Mar. 31, 2005
7%
19
573
Apr. 1, 2005–Jun. 30, 2005
8%
21
575
Jul. 1, 2005–Sep. 30, 2005
8%
21
575
Oct. 1, 2005–Dec. 31, 2005
9%
23
577
Jan. 1, 2006–Mar. 31, 2006
9%
23
577
Apr. 1, 2006–Jun. 30, 2006
9%
23
577
Jul. 1, 2006–Sep. 30, 2006
10%
25
579
Oct. 1, 2006–Dec. 31, 2006
10%
25
579
Jan. 1, 2007–Mar. 31, 2007
10%
25
579
Apr. 1, 2007–Jun. 30, 2007
10%
25
579
Jul. 1, 2007–Sep. 30, 2007
10%
25
579
Oct. 1, 2007–Dec. 31, 2007
10%
25
579
Jan. 1, 2008–Mar. 31, 2008
9%
71
625
Apr. 1, 2008–Sep. 30, 2008
8%
69
623
Jul. 1, 2008–Sep. 30, 2008
7%
67
621
Oct. 1, 2008–Dec. 31, 2008
8%
69
623
Jan. 1, 2009–Mar. 31, 2009
7%
19
573
Apr. 1, 2009–Jun. 30, 2009
6%
17
571
Jul. 1, 2009–Sep. 30, 2009
6%
17
571
Oct. 1, 2009–Dec. 31, 2009
6%
17
571
Jan. 1, 2010–Mar. 31, 2010
6%
17
571
Apr. 1, 2010–Jun. 30, 2010
6%
17
571
Jul. 1, 2010–Sep. 30, 2010
6%
17
571
Oct. 1, 2010–Dec. 31, 2010
6%
17
571
Jan. 1, 2011–Mar. 31, 2011
5%
15
569
Apr. 1, 2011–Jun. 30, 2011
6%
17
571
Jul. 1, 2011–Sep. 30, 2011
6%
17
571
Oct. 1, 2011–Dec. 31, 2011
5%
15
569
Jan. 1, 2012–Mar. 31, 2012
5%
63
617
Apr. 1, 2012–Jun. 30, 2012
5%
63
617
Jul. 1, 2012–Sep. 30, 2012
5%
63
617
Oct. 1, 2012–Dec. 31, 2012
5%
63
617
Jan. 1, 2013–Mar. 31, 2013
5%
15
569
Apr. 1, 2013–Jun. 30, 2013
5%
15
569
Jul. 1, 2013–Sep. 30, 2013
5%
15
569
Oct. 1, 2013–Dec. 31, 2013
5%
15
569
Jan. 1, 2014–Mar. 31, 2014
5%
15
569
Apr. 1, 2014–Jun. 30, 2014
5%
15
569
Jul. 1, 2014–Sep. 30, 2014
5%
15
569
Oct. 1, 2014–Dec. 31, 2014
5%
15
569
Jan. 1, 2015–Mar. 31, 2015
5%
15
569
Apr. 1, 2015–Jun. 30, 2015
5%
15
569
Jul. 1, 2015–Sep. 30, 2015
5%
15
569
Oct. 1, 2015–Dec. 31, 2015
5%
15
569
Jan. 1, 2016–Mar. 31, 2016
5%
63
617
Apr. 1, 2016–Jun. 30, 2016
6%
65
619
Jul. 1, 2016–Sep. 30, 2016
6%
65
619
Oct. 1, 2016–Dec. 31, 2016
6%
65
619
Jan. 1, 2017–Mar. 31, 2017
6%
17
571
Apr. 1, 2017–Jun. 30, 2017
6%
17
571
Jul. 1, 2017–Sep. 30, 2017
6%
17
571
Oct. 1, 2017–Dec. 31, 2017
6%
17
571
Jan. 1, 2018–Mar. 31, 2018
6%
17
571
Apr. 1, 2018–Jun. 30, 2018
7%
19
573
Jul. 1, 2018–Sep. 30, 2018
7%
19
573
Oct. 1, 2018–Dec. 31, 2018
7%
19
573
Jan. 1, 2019–Mar. 31, 2019
8%
21
575
Apr. 1, 2019–Jun. 30, 2019
8%
21
575
Jul. 1, 2019–Sep. 30, 2019
7%
19
573
Oct. 1, 2019–Dec. 31, 2019
7%
19
573
Jan. 1, 2020–Mar. 31, 2020
7%
67
621
Apr. 1, 2020–Jun. 30, 2020
7%
67
621
Jul. 1, 2020–Sep. 30, 2020
5%
63
617
Oct. 1, 2020–Dec. 31, 2020
5%
63
617
Jan. 1, 2021–Mar. 31, 2021
5%
15
569
Apr. 1, 2021–Jun. 30, 2021
5%
15
569
Jul. 1, 2021–Sep. 30, 2021
5%
15
569
Oct. 1, 2021–Dec. 31, 2021
5%
15
569
Jan. 1, 2022–Mar. 31, 2022
5%
15
569
Apr. 1, 2022–Jun. 30, 2022
6%
17
571
Jul. 1, 2022–Sep. 30, 2022
7%
19
573
Oct. 1, 2022–Dec. 31, 2022
8%
21
575
Jan. 1, 2023–Mar. 31, 2023
9%
23
577
Apr. 1, 2023–Jun. 30, 2023
9%
23
577
Jul. 1, 2023–Sep. 30, 2023
9%
23
577
Oct. 1, 2023–Dec. 31, 2023
10%
25
579
Jan. 1, 2024–Mar. 31, 2024
10%
73
627
Apr. 1, 2024–Jun. 30, 2024
10%
73
627
Jul. 1, 2024–Sep. 30, 2024
10%
73
627
TABLE OF INTEREST RATES FOR CORPORATE OVERPAYMENTS EXCEEDING $10,000 FROM JANUARY 1, 1995 – PRESENT
1995-1 C.B.
RATE
TABLE
PG
Jan. 1, 1995–Mar. 31, 1995
6.5%
18
572
Apr. 1, 1995–Jun. 30, 1995
7.5%
20
574
Jul. 1, 1995–Sep. 30, 1995
6.5%
18
572
Oct. 1, 1995–Dec. 31, 1995
6.5%
18
572
Jan. 1, 1996–Mar. 31, 1996
6.5%
66
620
Apr. 1, 1996–Jun. 30, 1996
5.5%
64
618
Jul. 1, 1996–Sep. 30, 1996
6.5%
66
620
Oct. 1, 1996–Dec. 31, 1996
6.5%
66
620
Jan. 1, 1997–Mar. 31, 1997
6.5%
18
572
Apr. 1, 1997–Jun. 30, 1997
6.5%
18
572
Jul. 1, 1997–Sep. 30, 1997
6.5%
18
572
Oct. 1, 1997–Dec. 31, 1997
6.5%
18
572
Jan. 1, 1998–Mar. 31, 1998
6.5%
18
572
Apr. 1, 1998–Jun. 30, 1998
5.5%
16
570
Jul. 1, 1998–Sep. 30, 1998
5.5%
16
570
Oct. 1, 1998–Dec. 31, 1998
5.5%
16
570
Jan. 1, 1999–Mar. 31, 1999
4.5%
14
568
Apr. 1, 1999–Sep. 30, 1999
5.5%
16
570
Jul. 1, 1999–Sep. 30, 1999
5.5%
16
570
Oct. 1, 1999–Dec. 31, 1999
5.5%
16
570
Jan. 1, 2000–Mar. 31, 2000
5.5%
64
618
Apr. 1, 2000–Jun. 30, 2000
6.5%
66
620
Jul. 1, 2000–Sep. 30, 2000
6.5%
66
620
Oct. 1, 2000–Dec. 31, 2000
6.5%
66
620
Jan. 1, 2001–Mar. 31, 2001
6.5%
18
572
Apr. 1, 2001–Jun. 30, 2001
5.5%
16
570
Jul. 1, 2001–Sep. 30, 2001
4.5%
14
568
Oct. 1, 2001–Dec. 31, 2001
4.5%
14
568
Jan. 1, 2002–Mar. 31, 2002
3.5%
12
566
Apr. 1, 2002–Jun. 30, 2002
3.5%
12
566
Jul. 1, 2002–Sep. 30, 2002
3.5%
12
566
Oct. 1, 2002–Dec. 31, 2002
3.5%
12
566
Jan. 1, 2003–Mar. 31, 2003
2.5%
10
564
Apr. 1, 2003–Jun. 30, 2003
2.5%
10
564
Jul. 1, 2003–Sep. 30, 2003
2.5%
10
564
Oct. 1, 2003–Dec. 31, 2003
1.5%
562
Jan. 1, 2004–Mar. 31, 2004
1.5%
56
610
Apr. 1, 2004–Jun. 30, 2004
2.5%
58
612
Jul. 1, 2004–Sep. 30, 2004
1.5%
56
610
Oct. 1, 2004–Dec. 31, 2004
2.5%
58
612
Jan. 1, 2005–Mar. 31, 2005
2.5%
10
564
Apr. 1, 2005–Jun. 30, 2005
3.5%
12
566
Jul. 1, 2005–Sep. 30, 2005
3.5%
12
566
Oct. 1, 2005–Dec. 31, 2005
4.5%
14
568
Jan. 1, 2006–Mar. 31, 2006
4.5%
14
568
Apr. 1, 2006–Jun. 30, 2006
4.5%
14
568
Jul. 1, 2006–Sep. 30, 2006
5.5%
16
570
Oct. 1, 2006–Dec. 31, 2006
5.5%
16
570
Jan. 1, 2007–Mar. 31, 2007
5.5%
16
570
Apr. 1, 2007–Jun. 30, 2007
5.5%
16
570
Jul. 1, 2007–Sep. 30, 2007
5.5%
16
570
Oct. 1, 2007–Dec. 31, 2007
5.5%
16
570
Jan. 1, 2008–Mar. 31, 2008
4.5%
62
616
Apr. 1, 2008–Jun. 30, 2008
3.5%
60
614
Jul. 1, 2008–Sep. 30, 2008
2.5%
58
612
Oct. 1, 2008–Dec. 31, 2008
3.5%
60
614
Jan. 1, 2009–Mar. 31, 2009
2.5%
10
564
Apr. 1, 2009–Jun. 30, 2009
1.5%
562
Jul. 1, 2009–Sep. 30, 2009
1.5%
562
Oct. 1, 2009–Dec. 31, 2009
1.5%
562
Jan. 1, 2010–Mar. 31, 2010
1.5%
562
Apr. 1, 2010–Jun. 30, 2010
1.5%
562
Jul. 1, 2010–Sep. 30, 2010
1.5%
562
Oct. 1, 2010–Dec. 31, 2010
1.5%
562
Jan. 1, 2011–Mar. 31, 2011
0.5%*
Apr. 1, 2011–Jun. 30, 2011
1.5%
562
Jul. 1, 2011–Sep. 30, 2011
1.5%
562
Oct. 1, 2011–Dec. 31, 2011
0.5%*
Jan. 1, 2012–Mar. 31, 2012
0.5%*
Apr. 1, 2012–Jun. 30, 2012
0.5%*
Jul. 1, 2012–Sep. 30, 2012
0.5%*
Oct. 1, 2012–Dec. 31, 2012
0.5%*
Jan. 1, 2013–Mar. 31, 2013
0.5%*
Apr. 1, 2013–Jun. 30, 2013
0.5%*
Jul. 1, 2013–Sep. 30, 2013
0.5%*
Oct. 1, 2013–Dec. 31, 2013
0.5%*
Jan. 1, 2014–Mar. 31, 2014
0.5%*
Apr. 1, 2014–Jun. 30, 2014
0.5%*
Jul. 1, 2014–Sep. 30, 2014
0.5%*
Oct. 1, 2014–Dec. 31, 2014
0.5%*
Jan. 1, 2015–Mar. 31, 2015
0.5%*
Apr. 1, 2015–Jun. 30, 2015
0.5%*
Jul. 1, 2015–Sep. 30, 2015
0.5%*
Oct. 1, 2015–Dec. 31, 2015
0.5%*
Jan. 1, 2016–Mar. 31, 2016
0.5%*
Apr. 1, 2016–Jun. 30, 2016
1.5%
56
610
Jul. 1, 2016–Sep. 30, 2016
1.5%
56
610
Oct. 1, 2016–Dec. 31, 2016
1.5%
56
610
Jan. 1, 2017–Mar. 31, 2017
1.5%
562
Apr. 1, 2017–Jun. 30, 2017
1.5%
562
Jul. 1, 2017–Sep. 30, 2017
1.5%
562
Oct. 1, 2017–Dec. 31, 2017
1.5%
562
Jan. 1, 2018–Mar. 31, 2018
1.5%
562
Apr. 1, 2018–Jun. 30, 2018
2.5%
10
564
Jul. 1, 2018–Sep. 30, 2018
2.5%
10
564
Oct. 1, 2018–Dec. 31, 2018
2.5%
10
564
Jan. 1, 2019–Mar. 31, 2019
3.5%
12
566
Apr. 1, 2019–Jun. 30, 2019
3.5%
12
566
Jul. 1, 2019–Sep. 30, 2019
2.5%
10
564
Oct. 1, 2019–Dec. 31, 2019
2.5%
10
564
Jan. 1, 2020–Mar. 31, 2020
2.5%
58
612
Apr. 1, 2020–Jun. 30, 2020
2.5%
58
612
Jul. 1, 2020–Sep. 30, 2020
0.5%*
Oct. 1, 2020–Dec. 31, 2020
0.5%*
Jan. 1, 2021–Mar. 31, 2021
0.5%*
Apr. 1, 2021–Jun. 30, 2021
0.5%*
Jul. 1, 2021–Sep. 30, 2021
0.5%*
Oct. 1, 2021–Dec. 31, 2021
0.5%*
Jan. 1, 2022–Mar. 31, 2022
0.5%*
Apr. 1, 2022–Jun. 30, 2022
1.5%
562
Jul. 1, 2022–Sep. 30, 2022
2.5%
10
564
Oct. 1, 2022–Dec. 31, 2022
3.5%
12
566
Jan. 1, 2023–Mar. 31, 2023
4.5%
14
568
Apr. 1, 2023–Jun. 30, 2023
4.5%
14
568
Jul. 1, 2023–Sep. 30, 2023
4.5%
14
568
Oct. 1, 2023–Dec. 31, 2023
5.5%
16
570
Jan. 1, 2024–Mar. 31, 2024
5.5%
64
618
Apr. 1, 2024–Jun. 30, 2024
5.5%
64
618
Jul. 1, 2024–Sep. 30, 2024
5.5%
64
618
* The asterisk reflects the interest factors for daily compound interest for annual rates of 0.5 percent published in Appendix A of this Revenue Ruling.
Part III
Guidance Regarding the 2024 Allocation Round of Qualifying Advanced Energy Project Credit Program under Section 48C(e)
Notice 2024-36
SECTION 1. PURPOSE
.01 This notice provides additional guidance to clarify and amplify the procedures for the allocation of credits under § 48C of the Internal Revenue Code (Code)
(§ 48C credits) pursuant to the qualifying advanced energy project credit program under § 48C(e) (§ 48C(e) program) and announces the 2024 allocation round of the § 48C(e) program (Round 2). Notices 2023-18, 2023-10 I.R.B. 508, and 2023-44, 2023-25 I.R.B. 924, established the § 48C(e) program to allocate $10 billion of § 48C credits ($4 billion of which may be allocated only to projects located in § 48C(e) Energy Communities Census Tracts
) for qualified investments in eligible qualifying advanced energy projects and provided guidance for the first allocation round of the § 48C(e) program (Round 1). Except as specifically provided in this notice, Round 2 will be conducted in the same manner and under the same procedures as provided under Notice 2023-18 and Notice 2023-44.
.02 For purposes of Round 2, Appendices A, B, and C of this notice supersede Appendices A, B, and C of Notice 2023-44.
.03 As stated in section 1.03 of Notice 2023-18, the Department of the Treasury (Treasury Department) and the Internal Revenue Service (IRS) anticipate providing at least two allocation rounds under the § 48C(e) program. During Round 1, the Treasury Department and IRS allocated approximately $4 billion of § 48C credits, with approximately $1.5 billion in § 48C credits allocated to projects located in § 48C(e) Energy Communities Census Tracts (as defined in section 5.06 of Notice 2023-18). For Round 2, the Treasury Department and the IRS anticipate allocating approximately $6 billion of § 48C credits, with approximately $2.5 billion in § 48C credits to be allocated to projects located in § 48C(e) Energy Communities Census Tracts. Although the Treasury Department and the IRS intend to allocate a total of $10 billion of § 48C credits over the duration of the § 48C(e) program, with not less than $4 billion of § 48C credits allocated to projects located in § 48C(e) Energy Communities Census Tracts, depending upon applications received, the Treasury Department and the IRS may not allocate in Round 2 all of the approximately $2.5 billion of § 48C credits that must be allocated to § 48C(e) Energy Communities Census Tracts. The Treasury Department and the IRS will evaluate if any § 48C credits remain unallocated at the close of Round 2 and determine if another allocation round is needed.
.04 To be considered for an allocation of § 48C credits in Round 2, taxpayers must first submit concept papers to the IRS through the Qualified Advanced Energy Project Credit Program Applicant Portal (48C Portal), accessible at
, maintained by the Department of Energy (DOE). Following submission of a concept paper, DOE will provide a letter encouraging or discouraging the taxpayer’s submission of a joint application for DOE recommendation and for IRS § 48C(e) certification (§ 48C(e) application). DOE begins the acceptance period for a taxpayer’s § 48C(e) application on the date of the letter of encouragement or discouragement. To be considered for the § 48C(e) program, a taxpayer’s § 48C(e) application must be submitted no later than 50 calendar days after DOE begins the acceptance period for the taxpayer’s § 48C(e) application. The IRS will make all Round 2 allocation decisions no later than January 15, 2025.
SECTION 2. BACKGROUND
.01 For purposes of the § 38 general business credit, § 46 provides that the amount of the investment credit for any taxable year is the sum of the credits listed in § 46. That list includes the § 48C credit, which was originally enacted by § 1302(b) of the American Recovery and Reinvestment Act of 2009, Public Law 111-5, Division B, Title I, Subtitle D, 123 Stat. 115, 345 (February 17, 2009), to provide an allocated credit for qualified investments in qualifying advanced energy projects.
.02 In addition to certain amendments made by the Tax Increase Prevention Act of 2014, Public Law 113-295, 128 Stat. 4010 (December 19, 2014), § 48C was amended most recently by § 13501 of Public Law 117-169, 136 Stat. 1818 (August 16, 2022), commonly known as the Inflation Reduction Act of 2022 (IRA). Section 13501(a) of the IRA added § 48C(e) to the Code to extend the § 48C credit and to provide an additional credit allocation of $10 billion. Section 13501(b) of the IRA modified the definition of a “qualifying advanced energy project” contained in § 48C(c)(1)(A). Section 13501(c) and (d) of the IRA made conforming amendments to § 48C(c)(2)(A) and (f). The amendments made by § 13501 of the IRA became effective on January 1, 2023.
See
§ 13501(e) of the IRA.
.03 Notice 2023-18 established the § 48C(e) program and provided initial program guidance. Section 3 of Notice 2023-18 provided certain definitions for purposes of the § 48C(e) program, section 4 of Notice 2023-18 described how the prevailing wage and apprenticeship requirements under § 48C(e)(5) and (6) impact the rate of § 48C credits allocated under the § 48C(e) program, section 5 of Notice 2023-18 provided a general description of the § 48C(e) program, and section 6 of Notice 2023-18 provided initial information regarding the procedures for concept papers and § 48C(e) applications.
.04 Section 5 of Notice 2023-18 states that the IRS will consider a project under the § 48C(e) program only if DOE provides a recommendation and ranking to the IRS. As stated in section 5 of Notice 2023-18, DOE will provide a recommendation only if it determines that the project has a reasonable expectation of commercial viability and merits a recommendation based on the criteria provided in additional § 48C(e) program guidance later provided in Notice 2023-44.
.05 Section 4 of Notice 2023-44 states that eligible property that is part of a § 48C eligible project placed in service prior to being awarded an allocation of § 48C credits under the § 48(C)(e) program is not eligible to receive such an allocation.
SECTION 3. ROUND 2 OF SECTION 48C(e) PROGRAM
.01
In General
. For each project for which a taxpayer seeks an allocation of § 48C credits in Round 2, the taxpayer must use the 48C Portal to submit to the IRS (1) a concept paper for DOE consideration and (2) a joint application for DOE recommendation and for IRS § 48C(e) certification (§ 48C(e) application). If a § 48C(e) application does not (1) propose a qualifying advanced energy project (as described in Appendix A) or (2) include all of the information required in Appendix B, DOE may decline to consider the § 48C(e) application or request that the applicant resubmit its § 48C(e) application with the missing information. If DOE does not provide a recommendation to the IRS on the § 48C(e) application, the IRS will not consider the § 48C(e) application. Failure to receive an allocation in Round 1 does not preclude an applicant from applying in Round 2.
.02
Taxpayer submissions
. Taxpayers must submit their concept papers and § 48C(e) applications through the 48C Portal.
See
Appendix B for additional information regarding the application process.
.03
Program Timeline
. Generally, Round 2 will proceed as follows:
(1) A taxpayer submits a concept paper through the 48C Portal. The 48C Portal will open to accept concept paper submissions no later than Tuesday, May 28, 2024. Taxpayers must submit concept papers prior to 5:00 PM Eastern Time, within 30 calendar days after the 48C Portal opens.
(2) DOE reviews the concept paper and sends the taxpayer a letter encouraging or discouraging the submission of a § 48C(e) application. After receiving a letter of encouragement or discouragement from DOE, the taxpayer determines whether to submit a § 48C(e) application. Any taxpayer who submits a concept paper through the 48C Portal is eligible to submit a § 48C(e) application, regardless of DOE’s response to the taxpayer’s concept paper.
(3) Taxpayers submit § 48C(e) applications through the 48C Portal.
See
Appendix B for additional information.
(4) DOE reviews each § 48C(e) application for compliance with eligibility and other threshold requirements.
(5) If the § 48C(e) application complies with all eligibility and threshold requirements, DOE conducts a technical review of the application based on the technical review criteria described in Appendix B.
(6) DOE provides a recommendation to the IRS regarding the acceptance or rejection of each § 48C(e) application and a ranking of all § 48C(e) applications.
(7) The IRS makes a decision regarding the acceptance or rejection of each § 48C(e) application based on DOE’s recommendation and ranking. The IRS notifies each taxpayer who submitted a § 48C(e) application of the outcome by sending a letter allocating § 48C credits in the case of an acceptance (Allocation Letter) or a letter denying the requested allocation in the case of a rejection (Denial Letter). The IRS will make all Round 2 allocation decisions no later than January 15, 2025. In the case of an acceptance, the amount of § 48C credits allocated to a project will be based on the taxpayer’s qualified investment in the qualifying advanced energy project and whether the taxpayer intends to apply for and receive an allocation of § 48C credits calculated at the 30 percent credit rate (
see
section 5.07 of Notice 2023-18). In the case of a denial, a taxpayer may request a debriefing with DOE regarding DOE’s review of the taxpayer’s § 48C(e) application. The Denial Letter will include instructions for requesting a DOE debriefing.
(8) To be eligible to receive a § 48C credit allocated under the § 48C(e) program with respect to a taxpayer’s qualified investment in a qualifying advanced energy project (§ 48C Facility), the earliest that the taxpayer may place in service the § 48C Facility is after receiving the Allocation Letter with respect to that § 48C Facility.
See
section 4 of Notice 2023-44.
(9) Within 2 years of receiving an Allocation Letter, a taxpayer must notify DOE that the certification requirements have been met by submitting the required information through the 48C Portal.
See
Appendix B for additional information.
(10) DOE reviews information provided by the taxpayer evidencing that the requirements for certification have been met.
(11) DOE notifies the taxpayer and the IRS if the taxpayer satisfies the certification requirements.
(12) The IRS certifies a taxpayer’s § 48C Facility by sending a letter (Certification Letter).
(13) Within 2 years of receiving the Certification Letter, the taxpayer notifies DOE that the § 48C Facility has been placed in service by submitting such information through the 48C Portal.
See
Appendix B for additional information. If the taxpayer has not placed the § 48C Facility in service within the required 2-year period or has not notified DOE that the § 48C Facility has been placed in service within the required 2-year period, then the § 48C credit allocated to the taxpayer’s § 48C Facility is forfeited.
(14) DOE notifies the taxpayer and the IRS that it has received the taxpayer’s notification that the § 48C Facility has been placed in service or notification that the taxpayer will not place the § 48C Facility in service within the required 2-year period.
See
section 5.09 of Notice 2023-18.
(15) If the taxpayer has placed the § 48C Facility in service within the required 2-year period and has notified DOE, then the taxpayer claims the § 48C credit on its Federal income tax return for the taxable year in which the § 48C Facility was placed in service.
(16) If the taxpayer chooses to withdraw a submission at any phase of the § 48C(e) program (whether at the concept paper phase, the § 48C(e) application phase, the post-Allocation Letter phase, or the post-Certification Letter phase), the taxpayer must provide a formal withdrawal notification through the 48C Portal.
SECTION 4. SECTION 48C ADDITIONAL RULES
.01
Section 48C Energy Communities
. A § 48C Facility is determined to be located in a § 48C(e) Energy Community Census Tract at the time that DOE provides recommendations to the IRS. A § 48C Facility is treated as located within a § 48C(e) Energy Community Census Tract if the § 48C Facility satisfies the Footprint Test as provided in section 6.03 of Notice 2023-44. A taxpayer can determine whether its project is located within a § 48C(e) Energy Communities Census Tract by referring to the list of Section 48C(e) Energy Communities Census Tracts provided by Appendix C. Additionally, a map of § 48C(e) Energy Communities Census Tracts has been provided by the DOE and is available at
www.energy.gov/infrastructure/48C
.02
Selection Criteria for all projects seeking an allocation from the § 48C(e) program
. Section 48C(d)(3) lists the selection criteria used to determine which qualifying advanced energy projects merit a DOE recommendation. Section 7 of Notice 2023-44 provides additional detail regarding these criteria, including how the criteria are used to evaluate concept papers and § 48C(e) applications.
SECTION 5. PAPERWORK REDUCTION ACT
Any collection burden associated with this notice is accounted for in OMB Control Number 1545-2151. This notice does not alter any previously accounted for information collection requirements and does not create new collection requirements not already approved by the Office of Management and Budget.
SECTION 6. EFFECT ON OTHER DOCUMENTS
Notice 2023-18 is clarified and modified. Notice 2023-44 is amplified and superseded.
SECTION 7. DRAFTING INFORMATION
.01 The principal author of this notice is Alan W. Tilley of the Office of Associate Chief Counsel (Passthroughs & Special Industries). For further information regarding this notice contact Mr. Tilley on (202) 317-6853 (not a toll-free call).
.02 Any questions or comments regarding the non-tax aspects of this notice can be submitted to DOE at
48CQuestions@hq.doe.gov
. DOE may post questions and answers related to this notice at
. Any questions or comments received under this notice are subject to public release pursuant to the Freedom of Information Act. DOE is under no obligation to respond to, or acknowledge receipt of, any questions or comments submitted under this notice and any responses provided do not constitute legal advice provided by either DOE or the IRS.
Table of Contents
1 APPENDIX A – Eligibility
1483
1.1 Clean Energy Manufacturing and Recycling Projects
1483
1.2 Industrial Decarbonization Projects
1485
1.3 Critical Material Projects
1486
2 APPENDIX B – DOE Application Process
1487
2.1 Executive Summary
1487
2.2 Glossary of Terms
1488
2.3 DOE Review Process
1489
2.3.1 Program Process
1489
2.3.2 Program Key Dates
1489
2.3.3 Program Priorities
1489
2.4 Stage 1, Concept Paper Guidance
1490
2.4.1 Concept Paper Submission Requirements
1491
2.4.2 Concept Paper Template
1491
2.4.3 Concept Paper Review Process Overview
1493
2.5 Stage 2, 48C(e) Application Guidance
1494
2.5.1 Application Submission Requirements
1494
2.5.2 Application Submission Material Guidelines
1495
2.5.3 Application Review Process Overview
1501
2.6 Additional Application Materials
1502
2.6.1 Data Sheet
1502
2.6.2 Section 48C(e) Application Appendix Files
1503
2.7 Technical Review Criteria
1503
2.7.1 Clean Energy Manufacturing and Critical Materials Projects
1503
2.7.2 Greenhouse Gas Emissions Reduction Projects
1505
2.8 Submission and Registration Information and Requirements
1506
2.8.1 General Application Requirements
1506
2.8.2 Determining an Application’s Project Category
1506
2.8.3 48C Portal for Submission of Application
1507
2.8.4 Application Forms and Format of Submissions
1508
2.8.5 Electronic Authorization of Applications
1508
2.8.6 Markings of Confidential Information
1508
2.9 DOE Recommendation Process
1508
2.9.1 Program Policy Factors
1508
2.9.2 DOE Recommendations
1509
2.10 Post Allocation
1509
2.10.1 Requirements for Certification
1509
2.10.2 Request for Debriefing
1509
2.11 Questions/Comments and Informational Webinar
1509
2.11.1 Questions and Comments
1509
2.11.2 Informational Webinar
1509
3 APPENDIX C – 48C(e) Energy Communities
1510
APPENDIX A – Eligibility
1. Qualifying Advanced Energy Projects
THIS APPENDIX A SUPERSEDES APPENDIX A OF NOTICE 2023-44.
For the purposes of determining eligibility for the § 48C credit, a “qualifying advanced energy project” means:
1.1 Clean Energy Manufacturing and Recycling Projects
A qualifying advanced energy project in this category involves re-equipping, expanding, or establishing an industrial or manufacturing facility. The facility must manufacture or recycle one or more of the specified advanced energy properties outlined below.
Note:
If only a portion of a facility will be used to manufacture or recycle eligible property as described in this Appendix, then the qualified investment proposed in the § 48C application should only include costs for the portion of the facility that will be used to manufacture or recycle eligible property.
a.
Property designed to be used to produce energy from the sun, water, wind, geothermal deposits (within the meaning of § 613(e)(2)), or other renewable resources
(i) Examples of
eligible
property include solar panels and their components and sub-components (e.g., solar cells, solar glass, wafers, and polysilicon) and their specialized support structures; wind turbines, towers, floating offshore platforms, and related equipment; power electronics designed for use with eligible solar or wind property; equipment to concentrate sunlight to generate heat for industrial processes or to convert it to electricity; geothermal turbines and heat pumps; hydropower turbines; and other products directly used to generate electrical and/or thermal energy from renewable resources, as well as the specialized components, subcomponents, and materials incorporated into any such eligible property, including equipment for sensing, communication, and control.
(ii) Examples of
ineligible
property include equipment used for purposes other than converting energy from renewable resources into electricity, building heat, or industrial process heat. This includes gas turbine generator sets which burn natural gas, or boilers that heat water using fossil fuels. Also, clean energy development projects are ineligible. These include power generation projects that use solar panels, wind turbines, or hydropower turbines to generate electricity.
b.
Fuel cells, microturbines, or energy storage systems and components
(i) Examples of
eligible
property include stationary batteries; stationary hydrogen fuel cells; hydrogen storage vessels; microturbines for combined heat and power systems; pumps and turbines for pumped hydropower storage systems; and the specialized components of any such equipment, including equipment for sensing, communication, and control.
(ii) Examples of
ineligible
property include heavy-duty gas turbines.
(iii)
Note:
For electric vehicle batteries and fuel cells for vehicles see the “light-, medium-, or heavy-duty electric or fuel cell vehicles” project class.
c.
Electric grid modernization equipment or components
(i) Examples of
eligible
property include grid equipment for electricity delivery; power flow, control, and conversion, such as transformers, power electronics, advanced cables and conductors, advanced meters, breakers, switchgears, composite poles, converters, medium-voltage direct current (MVDC) and high-voltage direct current (HVDC) lines, grid-enhancing technologies, and electrical steel or alloys used in transformer cores. Examples of
eligible
property also include the specialized components of any such grid modernization equipment, including components for sensing communication, and control.
(ii) Electric vehicle supply equipment qualifies under the “light-, medium-, or heavy-duty electric or fuel cell vehicles” project class. Storage technologies for grid applications qualify under the “fuel cells, microturbines, or energy storage systems and components” project class.
d.
Property designed to capture, remove, use, or sequester carbon oxide emissions.
(i) Examples of
eligible
property include carbon capture equipment or other property necessary to compress, treat, process, liquefy, pump or perform some other physical action to capture carbon oxide emissions, including solvents; membranes; sorbents; chemical processing equipment; compressors; monitoring equipment; and injection equipment; and well components such as packers, casing strings, CO
-resistant concrete, steel tubulars, wellhead, valves, and sensors suitable for use in Underground Injection Control (UIC) Class VI wells. Eligible property also includes transportation equipment, as in a system of gathering and distribution infrastructure. These include pipelines, temporary or transportation-related carbon oxide storage tanks, valves, sensors, and control panels that serve in collecting carbon oxides captured from an industrial facility or multiple facilities for the purpose of transporting that carbon oxide. Additional examples include equipment to convert carbon oxides through mineralization, thermochemical, electrochemical, photochemical, plasma-assisted, or other catalytic process approaches to carbon-based products such as synthetic fuels, chemicals, solid carbon products, and inorganic materials.
(ii) Examples of
ineligible
property include scrubbers for conventional air pollutants (except those that are required to remove pollutants upstream of carbon capture equipment for technical performance reasons), energy generation equipment (except as related to energy recovery at carbon capture systems), and refining equipment. Also, facilities that install equipment to capture, remove, use, or sequester carbon oxide emissions are not eligible under this category. These properties are considered deployments. The installation of CCUS equipment at existing facilities may be eligible under the Industrial decarbonization category (see Section 1.2,
Industrial Decarbonization Projects
).
e.
Equipment designed to refine, electrolyze, or blend any fuel, chemical, or product which is renewable, or low-carbon and low-emission.
For the purposes of Round 2 of the § 48C(e) program, a qualifying advanced energy project in this category
must
include projects that
manufacture or recycle equipment
used to produce the following:
(i) Renewable transportation fuel that is
(A) suitable for use as a fuel in a vehicle, marine vessel, or aircraft,
(B) derived from or co-processed with
(I) a biomass feedstock, or
(II) hydrogen produced from renewable energy and inputs, and
(C) not derived from palm fatty acid distillates or fossil fuels, including coal, natural gas, and petroleum.
(ii) Clean hydrogen produced with a well-to-gate lifecycle greenhouse gas (GHG) emissions rate of not greater than 4 kg CO
2e
per kg H
, in accordance with the definition of qualified clean hydrogen under § 45V, Credit for Production of Clean Hydrogen.
(iii) Other fuel that is
(A) derived from or co-processed with a renewable feedstock or achieves at least a 50 percent reduction in lifecycle GHG emissions in comparison with the conventional alternative,
(B) not a transportation fuel suitable for use in a vehicle, marine vessel, or aircraft, and
(C) not derived from palm fatty acid distillates or fossil fuels, including coal, natural gas, and petroleum.
(iv) Product or chemical that is
(A) derived from or co-processed with a renewable feedstock or achieves at least a 50 percent reduction in lifecycle GHG emissions in comparison with the conventional alternative,
(B) suitable for use as an industrial feedstock, and
(C) not derived from palm fatty acid distillates or fossil fuels, including coal, natural gas, and petroleum.
(v) Examples of
eligible
property include electrolyzers such as alkaline cells, proton-exchange membrane (PEM) cells, and solid-oxide electrolysis cells (SOECs). Other eligible equipment includes mixing devices, pumps, separation devices, bioprocessing equipment, biomass preprocessing equipment, and reactors. However, these pieces of equipment
must
be intended for use in the production of
eligible fuels, chemicals, and products
. Examples of these fuels, chemicals, and products include low-emissions ammonia, renewable biofuels, including sustainable aviation fuel, fuels designed to replace petroleum fuel in on-road and off-road applications. Equipment for the production of low-emissions chemicals, basic organic chemicals, polymers, and resins are also included, as long as their intended use is demonstrated through engineering specifications or offtake agreements.
(vi) Examples of
ineligible
property include those designed to produce fuels and chemicals derived solely from fossil resources produced through conventional petroleum and natural gas refining. Additionally, facilities that manufacture or produce fuels, chemicals, or other industrial feedstocks, such as renewable biofuels, hydrogen, and low-emission ammonia, are also ineligible. These facilities are considered deployment facilities. For exceptions pertaining to deployment facilities that produce low carbon chemicals and are eligible in Round 2 refer to Section 1.1(i)
, Other advanced energy property designed to reduce greenhouse gas emissions as may be determined by the Secretary
. Furthermore, it is important to note that a qualifying advanced energy project must exclude any portion of a project that involves the manufacturing or recycling of equipment used in the refining or blending of any fuel other than fuels described in this category.
f.
Property designed to produce energy conservation technologies (including residential, commercial, and industrial applications)
(i) Examples of
eligible
energy conservation property include technologies and grid-interactive devices eligible for residential or commercial efficiency improvements for purposes of the § 25C credit or the § 179D tax deduction, as well as equipment that directly reduces net energy use in industrial applications, such as ultra-efficient heat pumps, insulation, ultra-efficient hot water systems, sensors, controls, and similar advanced efficiency technologies.
(ii) Examples of
ineligible
energy conservation property include those that reduce electricity usage by increasing the facility’s natural gas or other fossil fuel usage and/or lead to increased system-level emissions.
g.
Light-, medium-, or heavy-duty electric or fuel cell vehicles, as well as technologies, components, or materials for such vehicles, and associated charging or refueling infrastructure.
(i) Examples of
eligible
property include battery electric, plug-in hybrid electric, or fuel cell cars, trucks, buses, and other vehicles, as well as the specialized components of those vehicles, such as batteries, anode and cathode components and materials, electric drive systems, fuel cells, and other materials and subcomponents.
(ii) Examples of
eligible
charging or refueling infrastructure include electric vehicle supply equipment (EVSE), including EVSE with integrated energy storage, components from the grid connection to the vehicle, bidirectional charging equipment, and components used in hydrogen refueling stations (e.g., hydrogen compressors, pumps, storage vessels, and dispensing equipment).
(iii) Examples of
ineligible
property include internal combustion engine vehicles of all sizes, non-plug-in hybrid vehicles of less than 14,000 pounds gross vehicle weight rating, and their components, as well as associated refueling infrastructure, such as petroleum, liquefied or compressed natural gas, or ethanol refueling stations. Examples of
ineligible
charging infrastructure property also include electrical components upstream of the charging station’s service connection to the grid and components of charging or refueling stations, such as signage, that are not directly involved in the transfer of fuel or power to the vehicle.
h.
Hybrid vehicles with a gross vehicle weight rating of not less than 14,000 pounds, as well as technologies, components, or materials for such vehicles.
(i) Examples of
eligible
property include traction batteries, converters, power electronics, and assembled hybrid vehicles of not less than 14,000 pounds themselves, but components and materials must be designed for large hybrid vehicles with a gross vehicle weight rating of not less than 14,000 pounds, as demonstrated through engineering specifications and/or offtake agreements.
i.
Other advanced energy property designed to reduce greenhouse gas emissions as may be determined by the Secretary.
(i) Examples of
eligible
advanced energy property include specialized components and equipment for nuclear power reactors or their fuels (e.g., including components and equipment for fabrication of fuels, and manufacturing of equipment for conversion, enrichment, and deconversion), and equipment used to reduce the emissions of industrial facilities, such as heat and process emissions. Property may be determined to be designed to reduce GHG emissions either through published guidance or in the letter notifying an applicant that the IRS has accepted the applicant’s application for § 48C(e) certification with respect to the property.
(ii) Examples of
eligible
advanced energy properties in this category include energy-intensive materials that have a substantially lower carbon intensity when compared to an appropriate industry-specific benchmark. These materials must not be derived from primary feedstocks such as palm fatty acid distillates or fossil fuels including coal, natural gas, and petroleum. Eligible projects include but are not limited to projects that expand, re-equip, or establish facilities for manufacturing or recycling of low carbon cement, concrete or components such as supplementary cementitious materials, low carbon iron and steel, low carbon aluminum, low carbon chemicals, low carbon pulp or paper, and low carbon glass. The proposed projects should reduce carbon intensity on a life cycle basis by at least 30% compared to an appropriate industry-specific benchmark. Existing facilities are only eligible if they re-equip or expand their production lines to produce these materials or increase capacity respectively; otherwise, they do not qualify under this category.
(iii) Advanced energy property that is designed to reduce greenhouse gas emissions by enabling the production of other greenhouse gas emission-reducing advanced energy property may be eligible under this category. For such “other advanced energy property,” which is not designed to
directly
reduce GHG emissions, the applicant must demonstrate that the advanced energy property is highly specialized equipment necessary to strengthen U.S. resilience of critical domestic energy supply chains and the reduction of GHG emissions is a necessary ultimate outcome from the production of the advanced energy property. This can be demonstrated through the applicant’s proposed business plan, including offtake agreements and any additional market analysis or other technical specialization, to show the advanced energy property that is produced or recycled by the applicant’s industrial or manufacturing facility will primarily contribute toward reduction of GHG emissions. An example of such “other advanced energy property” that may be
eligible
is diamond wire saws necessary in the solar technology supply chain, so long as the applicant demonstrates the project’s output will be used primarily for the purpose of manufacturing property designed to produce energy from the sun.
(iv) Examples of
ineligible
properties include projects that re-equip, expand, or establish facilities that would be used for enrichment, conversion, or deconversion of uranium. Similarly, projects that produce uranium or procure equipment that would be used in the enrichment, conversion, or deconversion of uranium are not eligible under this category.
1.2 Industrial Decarbonization Projects
An advanced energy project qualifies under this category if it involves retrofitting an industrial or manufacturing facility, particularly in energy-intensive sectors such as cement, iron and steel, aluminum, and chemicals. The retrofit must include the installation of equipment specifically designed to reduce greenhouse gas emissions by at least 20 percent. It’s important to note that this category is exclusively focused on projects that upgrade the existing facilities to lower greenhouse gas emissions through the installation of one or more specified technologies below.
Note:
Investments aimed at
expanding
a facility such as those intended to increase manufacturing capacity are not considered eligible costs to be included as part of qualified investment under this category. Therefore, any such ineligible costs must be excluded from the qualified investment requested for projects within this category. However, these type projects may qualify under the section 1.1 Clean Energy Manufacturing and Recycling project category.
In Round 1, this project category was referred to as “Greenhouse Gas Emissions Reduction Projects” (as described and defined in Appendix A of Notice 2023-44). The updated project category name “Industrial Decarbonization Projects” in Round 2 is a change in terminology only; eligibility under this project category remains unchanged between Round 1 and Round 2, although additional clarifications are provided below.
a.
Low- or zero-carbon process heat systems.
Examples of
eligible
equipment include electric heat pumps, combined heat and power (CHP) systems, thermal storage technologies, and other heating systems based on electricity, clean hydrogen, biomass, or waste heat recovery.
b.
Carbon capture, transport, utilization, and storage systems.
(i) Examples of
eligible
equipment include carbon capture equipment necessary to compress, treat, process, liquefy, pump, or perform some other physical action to capture carbon oxides, and specialized equipment and materials needed for the transport and storage of carbon oxides, including carbon dioxide pipelines, monitoring equipment, and injection equipment and well components such as packers, casing strings, CO
-resistant cement, steel tubulars, well heads, valves, and sensors suitable for use in Underground Injection Control Class VI wells. Additional examples include equipment to convert carbon oxides through mineralization, thermochemical, electrochemical, photochemical, plasma-assisted, or other catalytic process approaches to carbon-based products such as synthetic fuels, chemicals, solid carbon products, and inorganic materials.
(ii) Examples of
ineligible
property include scrubbers for conventional air pollutants, except those that are required to remove pollutants upstream of carbon capture equipment to enhance the performance of the capture equipment; energy generation equipment, except as related to energy recovery at carbon capture systems; and refining equipment.
c.
Energy efficiency and reduction in waste from industrial processes.
Examples of
eligible
equipment include technologies that reduce direct fuel use, electricity use, or waste in industrial applications, such as industrial heat pumps, CHP systems, insulation, sensors, controls, advanced recycling approaches, smart energy management, and similar advanced efficiency technologies.
d.
Any other industrial technology designed to reduce greenhouse gas emissions, as determined by the Secretary.
(i) Examples of other
eligible
industrial technologies include electrification of direct fuel use processes, adoption of renewable or low-emissions fuels and feedstocks, and other equipment replacement or process redesigns that reduce process- or fuel-related emissions or otherwise contribute to reducing GHG emissions by at least 20 percent.
(ii) Projects in this category may qualify by installing equipment designed to achieve a minimum of a 20 percent reduction in GHG emissions in one or more of the following ways:
(A) Achieve a direct (Scope 1) GHG emissions reduction of 20 percent facility-wide;
(B) Achieve an indirect fuel- or energy-related (Scope 2) GHG emissions reduction of 20 percent facility-wide; or
(C) Achieve a direct or indirect fuel- or energy-related GHG emissions reduction of 20 percent at a facility subunit, such as a particular process step or fuel combustion unit.
(iii) While facilities may be eligible under this project category by achieving a 20 percent reduction threshold within a particular element of their process or emissions profile, overall combined Scope 1 and Scope 2 GHG emissions impacts for the full qualifying facility will be taken into account when evaluating each project for the purposes of application scoring. Scope 1 and Scope 2 GHG emissions are further defined in section 2.2 of Appendix B,
Glossary of Terms
Instructions for calculating and demonstrating an emissions reduction of 20 percent is provided in section 2.6.1 of Appendix B,
Data Sheet
1.3 Critical Material Projects
A qualifying advanced energy project in this category re-equips, expands, or establishes an industrial facility for the processing, refining, or recycling of critical materials (as defined in § 7002(a) of the Energy Act of 2020 (30 U.S.C. § 1606(a)). For purposes of this Round 2, critical materials consist of:
a. The currently effective final list of critical minerals as determined by the U.S. Geological Survey (see 2022 Final List of Critical Minerals for the list published in 2022 available at: https://www.energy.gov/cmm/what-are-critical-materials-and-critical-minerals); and
b. Any additional critical materials as determined by the Secretary of Energy and for which a final determination is posted on the DOE’s critical materials page on or before July 31, 2023, available at:
. A proposed determination was posted at this web address prior to the publication of this notice.
Note:
DOE reserves the right to extend the deadline for concept paper submissions based on any changes included in the final determination.
Examples of
eligible
projects in this project category include the processing of raw ore, brines, mine tailings, end-of-life products, waste streams, and other source materials into critical materials.
Note:
These examples have been updated with additional clarifying language since the publication of Notice 2023-18.
Examples of
ineligible
projects under this project category include the subsequent physical or chemical transformation of critical materials into derivative products, including metals manufacturing such as aluminum extrusion and chemical manufacturing such as anode and cathode materials production. However, projects involving such derivative products may be eligible under the Clean Energy Manufacturing and Recycling Projects category.
Note:
These examples have been updated with additional clarifying language since the publication of Notice 2023-18.
2 APPENDIX B – DOE Application Process
DOE Application Process
THIS APPENDIX B SUPERSEDES APPENDIX B OF NOTICE 2023-44.
2.1 Executive Summary
Appendix B provides guidance on the DOE application process. The Appendix is organized as follows:
Section 2.2 Glossary of Terms
defines key terms used throughout the guidance.
Section 2.3 DOE Review Process
summarizes application process and program priorities.
Section 2.4 Stage 1, Concept Paper Guidance
summarizes the concept paper submission requirements, the concept paper template, and the review process.
Section 2.5 Stage 2, 48C(e) Application Guidance
summarizes the application submission requirements, application submission guidelines, and the review process.
Section 2.6 Additional Application Materials
summarizes the data sheet and appendix files guidelines.
Section 2.7 Technical Review Criteria
summarizes the criteria that DOE will use to evaluate applications.
Section 2.8 Submission and Registration Information and Requirements
summarizes the logistics and requirements for submitting application materials.
Section 2.9 DOE Recommendation Process
describes program policy factors DOE will use to evaluate applications.
Section 2.10 Post Allocation
describes requirements for certification for successful applications after allocations have been made.
Section 2.11 Questions/Comments and Informational Webinar
summarizes how to learn more about the 48C program.
Below are the key dates for Round 2 of the 48C Program.
Table 1: Program Key Dates
Guidance Issue Date
04/30/2024
DOE 48C Portal Opens for registration and concept paper submission
May 2024, and no later than 05/28/2024
Informational Webinar
No later than 05/31/2024
Submission Deadline for Concept Papers
30 calendar days after the 48C Portal Opens for registration and concept paper submissions at 5:00 PM Eastern
48C Portal Opens for full application submission
Summer 2024
Submission Deadline for § 48C(e) Applications
Summer / Fall 2024; 50 calendar days after the 48C Portal Opens to accept full application submissions at 11:59 PM Eastern
IRS Allocation Decision Notifications
No later than 01/15/2025
2.2 Glossary of Terms
The following terms may be used throughout this appendix describing the DOE application process.
Disadvantaged Community
A disadvantaged community is overburdened or underserved and may be either (1) a group of individuals living in geographic proximity (e.g., such as a census tract identified using the
Climate and Economic Justice Screening Tool
), or (2) a geographically dispersed set of individuals, where either type of group experiences common conditions.
Scope 1 Emissions
Direct greenhouse gas emissions that occur from sources at the facility associated with the proposed project (e.g., emissions from fuel combustion or chemical processes).
Scope 2 Emissions
Indirect greenhouse gas emissions that are associated with the use of energy or fuel at the facility, but do not occur at the facility (e.g., emissions from a power plant that generates electricity for the facility).
Scope 3 Emissions
Indirect greenhouse gas emissions that are associated with the facility’s activities and products but are not covered in Scope 1 or 2, including emissions from the products themselves in their ultimate use, transportation, or other aspects of the value chain upstream or downstream from the facility.
Specified Advanced Energy Property
A specific category of property listed in 48C(c)(1)(A) and described in further detail in section 1.1 of Appendix A,
Clean Energy Manufacturing and Recycling Projects
. Clean Energy Manufacturing and Recycling Projects under § 48C(e) must either produce or recycle one or more specified advanced energy properties. For example, solar glass would be considered a specified advanced energy property covered under section 1.1(a) of Appendix A.
Facility Product
The equipment, materials, or other products produced in the facility associated with the proposed project and typically sold or leased after production. Facilities may have more than one facility product. Under the Clean Energy Manufacturing and Recycling Project category, the specified advanced energy property of a clean energy
manufacturing
project is likely to be the facility’s primary product/output. In contrast, the specified advanced energy property of a clean energy
recycling
project is an input to the proposed facility, while the facility product/output is typically one or more materials extracted in the recycling process. In a
Critical Materials Recycling Project
the qualified critical material is the input to the proposed facility while facility product/output is the project’s specified advanced energy property. Facility products from Industrial Decarbonization Projects do not need to be specified advanced energy property.
Registered Apprenticeship Program
A Registered Apprenticeship Program (RAP) is an apprenticeship that has been validated by the Department of Labor or State Apprenticeship Agency.
Collective Bargaining Agreement
A legally enforceable, written contract between a union representing a group of employees and an employer in a workplace.
Project Labor Agreement
A Project Labor Agreement (PLA) is a pre-hire collective bargaining agreement negotiated between one or more construction unions and one or more construction employers (contractors/project owners) that establish the terms and conditions of employment for a specific construction project.
Community Benefits Agreement
Community Benefits Agreements are contracts between employers/developers/contractors/project owners and community organizations (including but not limited to unions). These agreements, which can be in the manufacturing sector, the construction sector, or other industries, may include provisions related to affordable housing, pollution reduction, or other community priorities. Community Benefits Agreements are unique to each community and their terms will reflect the varied interest of their signatories. Some Community Benefits Agreements are Collective Bargaining Agreements between the contractor/employer and one or more unions setting terms and conditions of employment—others are not. If a Community Benefits Agreement is not a Collective Bargaining Agreement, it cannot set out terms related to wages, rates of pay, hours of employment, or conditions of work.
2.3 DOE Review Process
2.3.1 Program Process
A two-stage technical evaluation process will be used for submissions:
Stage 1: Concept Paper.
Stage 2: § 48C(e) Application.
In Stage 1
, concept paper submission application materials will be available for applicants to download from the 48C portal and concept paper submissions will be accepted in the 48C portal beginning no later than May 28, 2024.
DOE will only consider concept papers that are submitted by 5:00 PM Eastern Time, 30 days after the 48C portal opens.
Section 48C(e) applications for Round 2 allocations will not be considered by DOE unless a Round 2 concept paper submission is received from an applicant by the specified deadline. Potential applicants will not be able to begin concept papers or submit concept papers for Round 2 after the deadline.
In Stage 2
, following DOE’s review of concept papers and transmission of letters encouraging or discouraging the applicant to continue in the process, the 48C portal will reopen to receive § 48C(e) application submissions for subsequent evaluation by DOE. The date on which DOE will begin accepting § 48C(e) applications and the deadline by which they must be submitted will be conveyed to applicants through the 48C portal at a later date.
In each stage, DOE will review the submitted materials for compliance and eligibility, and perform a thorough, consistent, and objective examination based on technical review criteria and other factors, as described below.
After Stage 2 evaluations of § 48C(e) applications are complete, DOE will transmit allocation recommendations to the IRS for final consideration.
The IRS will notify applicants of final allocation decisions for Round 2 no later than January 15, 2025.
In conducting its review, DOE may utilize assistance and advice from qualified personnel from other federal agencies and/or contractors. DOE will obtain conflict of interest/non-disclosure acknowledgements from and administer required trainings in advance for all reviewers to assure that application information will be kept confidential and shall be used only for reviewing purposes, in accordance with applicable requirements. Reviewers will be required to report all personal and organizational conflicts of interest.
DOE reserves the right to request clarifications and/or supplemental information from some or all applicants submitting applications through written submissions.
DOE may determine whether to recommend or not recommend an application to the IRS at any time after the § 48C(e) application has been received, without further exchanges or discussions with the applicant.
2.3.2 Program Key Dates
Table 2: Program Key Dates
Guidance Issue Date
04/30/2024
DOE 48C Portal Opens for registration and concept paper submission
May 2024, and no later than 05/28/2024
Informational Webinar
No later than 05/31/2024
Submission Deadline for Concept Papers
30 calendar days after the 48C Portal Opens for registration and concept paper submissions at 11:59 PM Eastern
48C Portal Opens for full application submission
Summer 2024
Submission Deadline for § 48C(e) Applications
Summer / Fall 2024; 50 calendar days after the 48C Portal Opens to accept full application submissions at 11:59 PM Eastern
IRS Allocation Decision Notifications
No later than 01/15/2025
2.3.3 Program Priorities
There are three qualifying advanced energy project categories (defined in Appendix A): Clean Energy Manufacturing and Recycling Projects, Industrial Decarbonization Projects, and Critical Material Projects. Note that in Round 1, the Industrial Decarbonization Project category was referred to as “Greenhouse Gas Emissions Reduction Projects”; the updated project category name in Round 2 is a change in terminology only, and it is designed to avoid confusion with the second technical review criterion (detailed below).
It is the applicant’s responsibility to determine the most applicable qualifying advanced energy project category, according to the guidance in Section 2.8.2,
Determining an Application’s Project Category
. For all three project categories, eligible applications will be evaluated by DOE against the four technical review criteria reflecting overall program objectives:
Criterion 1: Commercial Viability
Criterion 2: Greenhouse Gas Emissions Impacts
Criterion 3: Strengthening U.S. Supply Chains and Domestic Manufacturing for a Net-Zero Economy
Criterion 4: Workforce and Community Engagement
A taxpayer with a qualified investment in any of the projects described as eligible in Appendix A of this guidance may apply for a § 48C(e) allocation. In determining whether to recommend a project for an allocation, DOE will consider whether the proposed project is located in § 48C(e) Energy Communities Census Tracts, as defined in section 5.06 of Notice 2023-18. In Round 2, DOE anticipates recommending approximately $2.5 billion in § 48C credits to projects located in these communities.
DOE has identified the following priority areas for Round 2. Guidance for future rounds under § 48C(e) may include different priority areas.
When evaluating Clean Energy Manufacturing and Recycling Projects, DOE will take into consideration whether the project addresses the following energy supply chain and manufacturing priority areas. These priority areas have been identified based on analytical criteria including an assessment of current and anticipated supply chain gaps in areas eligible under § 48C(e):
Round 2 Priority Areas
(in alphabetical order):
Clean Hydrogen: Manufacturing of electrolyzers, fuel cells, and associated components (including gas diffusion layers, bipolar plates, power electronics, membrane electrode assemblies and stacks, and catalysts).
Electric Grid: Manufacturing of distribution and large power transformers and associated subcomponents, materials (including grain-oriented electrical steel, amorphous steel), power electronics, HVDC cables, HV circuit breakers, and other grid components and equipment (including MVDC/HVDC converter station components and switchgears).
Electric Heat Pumps: Manufacturing of air-source or geothermal (ground-source) heat pump components and systems, particularly heat pumps for industrial or networked applications and/or those utilizing low-GWP refrigerants (such as natural refrigerants).
Electric Vehicles**: Manufacturing of power electronics (including semiconductors, modules, and circuits for EV motor traction drives, on-board EV chargers, DC/DC converters, and EV charging stations), permanent magnets, and specific battery components (separators, electrolyte salts and solvents, cathode and anode active materials and precursors). Manufacturing of capital equipment for battery manufacturing. Manufacturing of sub-components and components specific to medium- and/or heavy-duty (MDV/HDV) electric vehicles and final assembly of MDV/HDV electric vehicles.
Energy-intensive materials that have a substantially lower carbon intensity when compared to an appropriate industry-specific benchmark: Manufacturing or recycling of low carbon cement, concrete or components such as supplementary cementitious materials, low carbon iron and steel, and low carbon aluminum
Nuclear Energy: Manufacturing of specialized components and equipment for nuclear power reactors or their fuels (including fabrication of fuels, and manufacturing of equipment for conversion, enrichment, and deconversion), for both existing reactors and new reactor deployments.
Solar Energy**: Polysilicon, wafer production facilities, ingot and wafer production tools, and solar rolled glass production facilities.
Sustainable Aviation Fuels: Manufacturing of equipment needed for low-carbon aviation fuel production (including feedstock handling equipment and pre-treatment reactors).
Wind Energy**: Component production facilities and specialized steel production, particularly for offshore wind, such as monopile-grade steel and towers; recycling of wind components, particularly blades; offshore wind electrical balance of system component manufacturing, including submarine cables (AC and DC), large power transformers, and HVDC converter stations and converter station components.
Federal Register : Section 45X Advanced Manufacturing Production Credit
** The production of some products under this section may be eligible for tax credits under § 45X and receiving an allocation under § 48C(e) may preclude an applicant from receiving tax credits under that program. Applicants are encouraged to evaluate which program may be most beneficial to their project before submitting a concept paper for consideration under § 48C(e).
When evaluating Critical Material Manufacturing and Recycling Projects, DOE will take into consideration whether the project processes, refines, or recycles critical materials as determined by the Secretary of Energy, as described in section 1.3(b) of Appendix A.
When evaluating Industrial Decarbonization Projects, DOE will give priority to projects that deeply reduce emissions to levels significantly below a reasonable domestic industry average (on a sector-specific basis) and the 20% reduction eligibility requirement stated in section 1.2 of Appendix A,
Industrial Decarbonization Projects
. DOE will give priority to Industrial Decarbonization Projects that advance the commercial viability and uptake of replicable decarbonization efforts in major industrial applications (e.g., cement, iron and steel, aluminum, chemicals, and other energy-intensive manufacturing sectors), including innovative solutions, and to projects that align with one or more cross-cutting industrial decarbonization techniques, such as energy efficiency, electrification, low-carbon fuels, feedstocks, and energy sources (LCFFES), material efficiency or substitution, and carbon capture utilization and storage (CCUS).
2.4 Stage 1, Concept Paper Guidance
The first stage of DOE review requires applicants to submit concept papers describing the proposed project. This section describes the information applicants must include in concept papers and the format of the submission. Concept papers will undergo a multi-step evaluation by DOE. Applicants who applied in Round 1 and were not selected for an allocation are eligible to submit a concept paper in Round 2.
2.4.1 Concept Paper Submission Requirements
This section outlines the format of the concept paper submission. See Appendix A for a description of the eligibility requirements for the § 48C credit under this notice. See Section 2.7,
Technical Review Criteria,
for a description of the technical review criteria that will be used to evaluate submitted concept papers.
The purpose of the concept paper stage is to save applicants the considerable time and expense of preparing § 48C(e) applications for proposed projects that are unlikely to be selected for recommendation. The concept paper must conform to the following requirements:
Concept paper must be written in English.
Use Times New Roman typeface, a black font, and a font size of 11 points or larger (except in figures and tables). A symbol font may be used to insert Greek letters or special characters; the font size requirement still applies.
The control number must be prominently displayed on the upper right corner of the header of every page. Page numbers must be included in the footer of every page.
Each must be submitted in Adobe PDF format unless stated otherwise.
Each concept paper should be limited to unique property within a distinct qualifying advanced energy project that does not overlap with a qualifying advanced energy project in any other application submitted by the same applicant:
For applicants applying under the Clean Energy Manufacturing and Recycling Project category, or the Critical Materials Project category, the applicant may submit more than one application involving the same facility. However, the qualified investment for each project at the same facility may not overlap in Round 2.
For applicants applying under the Industrial Decarbonization Project category, the applicant may submit only
one
application at the same facility in Round 2.
If projects involve more than one qualifying advanced energy project listed in Appendix A, then applicants must choose a
primary
specified advanced energy property for their project. The entire concept paper submission includes two components: a template (there are unique forms for Clean Energy Manufacturing and Recycling Projects/Critical Materials Projects and Industrial Decarbonization Projects) and a data sheet.
Note:
The maximum file size that can be uploaded to the 48C portal is 25 MB. Files in excess of 25 MB cannot be uploaded, and hence cannot be submitted for review. If a file exceeds 25 MB but is still within the maximum page limit, it must be broken into parts and denoted to that effect in the naming convention of the file. For example: “[ControlNumber]-ConceptPaper_Part_1.pdf”, “[ControlNumber]-ConceptPaper_Part_2.pdf.
The full list of required files for concept paper submission is illustrated in the following table.
Table 3: Files Required for Concept Paper Submission
Component
File Format
Maximum Pages
File Name
Concept Paper Template
either the Clean Energy Manufacturing and Recycling Projects/Critical Materials Projects Template or the Industrial Decarbonization Projects Template
PDF
[ControlNumber]- ConceptPaper.pdf
Concept Paper Data Sheet
MS Excel
N/A
[ControlNumber]-CP- DataSheet.xlsx
For all files, “[ControlNumber]” should be replaced by the application’s control number. For example, for a control number of 1234, the file would be named, “1234-ConceptPaper.pdf”.
2.4.2 Concept Paper Template
At the Concept Paper stage, applicants may be asked to respond to the following questions in their submission. Additional questions may be added to this list when Concept Paper submissions open. In addition, applicants will be asked to submit an Excel data sheet.
2.4.2.1 Clean Energy Manufacturing and Recycling and Critical Materials Projects Concept Paper Template
Project Overview and Schedule
o Describe your company and project team, including key personnel and any subcontractors on the project.
o Describe whether the project will establish, re-equip, or expand a facility; whether the facility will support the manufacturing, processing, refining, or recycling of specified advanced energy property; and the extent to which innovative equipment and/or processes will be employed.
o Describe the status of the project and provide any additional details that are helpful to understand the project schedule.
o List local, state, and/or federal permits that are required for this project and specify which of these permits you already possess. For any permits you have yet to obtain, describe the remaining steps and provide an estimated timeline for their acquisition.
Commercial Viability
o Describe the specified primary advanced energy property that will be produced by the facility, including how many units of specified advanced energy property will be produced annually and any technological or cost advantages over product competitors.
o Provide an estimate of annual market demand for the facility’s product over the next 5 to 10 years.
o Describe the primary or target customers for your facility’s product and the details of any existing offtake agreements or other demand commitments (e.g., with whom, for how many units, and for how long).
o Describe the different sources of financing for this project, differentiating between secured financing and planned or expected financing. Describe the capital structure (e.g., debt/equity ratio) if multiple sources of capital will be used. If financing using the company’s own funds, specify the amount of cash available to support this project.
o Describe anticipated legal, financial, engineering, procurement, construction, and operational risk(s) that the project may experience. Explain what actions the project team will implement to mitigate these risks and achieve execution and commercial success.
Strengthening U.S. Supply Chains and Domestic Manufacturing for a Net-Zero Economy
o Describe the supply chain segment that your project’s specified advanced energy property will contribute to. Explain whether your project will mitigate current challenges that the U.S. is experiencing in maintaining a secure domestic supply chain, based on where the product is manufactured today and a comparison between the proposed manufacturing capacity and current and projected market demand.
Greenhouse Gas Emissions Impacts
o Describe the impact of your facility’s product and/or the technologies the product will enable on greenhouse gas emissions.
Workforce and Community Engagement
o Provide the anticipated geographical location of the eligible manufacturing, processing, refining, or recycling facility, including the census tract the project is located in. Explain why you selected the project site.
o Does the location qualify as a 48C energy community? (see Appendix C for the full list of 48C energy community Census tracts)
o Does the location or community qualify as a disadvantaged community according to the Climate and Economic Justice Screening Tool (CEJST)?
o Does the location or community qualify as a disadvantaged community according to a different federal, state, or local data tool? If yes, indicate which one(s).
o If located in an energy community, describe the extent to which the project will (1) support transition opportunities for workers in the coal, automotive, and other energy sectors, and (2) use existing infrastructure in energy transition communities.
o Describe the extent to which the project will secure job quality (e.g., wages, benefits, health and safety at the workplace, affirmative support of collective bargaining).
o Describe what labor and community engagement has been completed and/or is planned. Summarize any formal agreements that are planned or have been executed (e.g., Project Labor Agreements, Community Benefits Agreements, Collective Bargaining Agreements).
o Describe any pollutants that the project will introduce to the local community, and explain what specific, measurable steps the project is taking beyond compliance with environmental law to mitigate local environmental impact.
2.4.2.2 Industrial Decarbonization Projects Concept Paper Template
Project Overview and Schedule
o Describe your company and project team, including key personnel and any subcontractors on the project.
o Describe the retrofit project, including the equipment, technologies, or approaches the project will use to reduce greenhouse gas emissions from the industrial or manufacturing facility (e.g., low- or zero-carbon process heat systems, energy efficiency equipment, etc.). Explain the extent to which innovative equipment and/or processes will be employed.
o Describe the status of the project and provide any additional details that are helpful to understand the project schedule.
o List local, state, and/or federal permits that are required for this project. Specify which of these permits you already possess. For any permits you have yet to obtain, provide an estimated timeline for their acquisition.
Greenhouse Gas Emissions Impacts
o Describe the impacts of the project on the facility’s Scope 1 greenhouse gas emissions.
o Describe the impacts of the project on the facility’s Scope 2 greenhouse gas emissions.
o Explain how the project will achieve a 20% reduction in greenhouse gas emissions, including interactions between Scope 1 and Scope 2 emissions (e.g., due to electrification). Estimate the greenhouse gas emissions reductions that will be achieved by the project in both absolute (e.g., million metric tons per year) and percentage terms.
o Provide an estimate of the levelized cost of measured reduction in GHG emissions, based on total project costs.
Strengthening U.S. Supply Chains and Domestic Manufacturing for a Net-Zero Economy
o Describe the extent to which the employed equipment, technologies, or approaches could be applied to reduce greenhouse gas emissions beyond the specific project location, within or across sectors.
Commercial Viability
o Describe the facility’s outputs, including how many units are produced annually today. Explain any anticipated impacts of the retrofit project on annual production from the facility.
o Describe the primary or target customers for your facility’s products and the details of any existing offtake agreements or other demand commitments for the lower-carbon product (e.g., with whom, for how many units, and for how long).
o Describe how the retrofit project will impact the price of your product and provide an estimated price of your facility’s products after the project is completed. Describe how the price of your lower-carbon product will compare to similar technologies or materials in the same market segment, including conventional and lower-carbon products.
o Describe the different sources of financing for this project, differentiating between secured financing and planned or expected financing. Describe the capital structure (e.g. debt/equity ratio) if multiple sources of capital will be used. If financing using the company’s own funds, specify the amount of cash available to support this project.
o Describe anticipated legal, financial, engineering, procurement, construction, and operational risk(s) that the project may experience. Explain what actions the project team will implement to mitigate these risks and achieve execution and commercial success.
Workforce and Community Engagement
o Provide the anticipated geographical location of the project, including the census tract (see Appendix C) the project is located in.
o Does the location or community qualify as a disadvantaged community according to the Climate and Economic Justice Screening Tool (CEJST)?
o Does the location or community qualify as a disadvantaged community according to a different federal, state, or local data tool? If yes, indicate which one(s).
o Does the location qualify as a 48C energy community?
o If located in an energy community, describe the extent to which the project will (1) support transition opportunities for workers in the coal, automotive, and other energy sectors, and (2) use existing infrastructure in energy transition communities.
o Describe the impact of the project on jobs at the facility, including jobs associated with the retrofit and the extent to which the retrofit will retain or create jobs in manufacturing.
o Describe the extent to which the project will secure job quality (e.g., wages, benefits, health and safety at the workplace, affirmative support of collective bargaining).
o Describe what labor and community engagement has been completed and/or is planned. Summarize any formal agreements that are planned or have been executed (e.g., Project Labor Agreements, Community Benefits Agreements, Collective Bargaining Agreements).
o Describe any pollutants that the project will introduce to the local community, and explain what specific, measurable steps the project is taking beyond compliance with environmental law to mitigate local environmental impact.
2.4.3 Concept Paper Review Process Overview
2.4.3.1 Compliance and Eligibility Review
DOE will carry out an initial compliance review for concept papers to determine that (1) eligibility requirements have been met, (2) the required information has been submitted, (3) the proposed project is technically valid, and (4) all mandatory requirements of this notice are satisfied. As part of this review, DOE will determine whether the proposed project meets the definition of a qualifying advanced energy project, as described in Appendix A.
If a concept paper fails to meet compliance or eligibility requirements or fails to provide sufficient information for evaluation, DOE reserves the right to request clarifications and/or missing information from some or all applicants through written submissions provided to DOE in a timely manner. Concept papers that fail to meet the compliance or eligibility requirements or do not provide sufficient information for evaluation will be considered non-responsive and will receive a discouragement letter.
2.4.3.2 Technical Review
After the concept paper compliance and eligibility review, DOE will perform a technical review process based on four technical review criteria:
Criterion 1: Commercial Viability.
Criterion 2: Greenhouse Gas Emissions Impacts.
Criterion 3: Strengthening U.S. Supply Chains and Domestic Manufacturing for a Net-Zero Economy.
Criterion 4: Workforce and Community Engagement.
See complete details of the technical review criteria in Section 2.7,
Technical Review Criteria
. All technical review criteria will be used in a thorough, consistent, and objective examination to develop scores for ranking applications and determining merit of each proposed project. The review of the Commercial Viability criterion will additionally inform eligibility by determining whether the project has a reasonable expectation of commercial viability, as described in § 48C(d)(3)(A). The information requested for each criterion will vary based on the qualifying advanced energy project category, as detailed in Section 2.7,
Technical Review Criteria
2.4.3.3 Final Outcome for Concept Papers
Following the compliance, eligibility, and technical reviews, DOE may also consider program policy factors when determining the final portfolio of recommendations (see Section 2.9,
DOE Recommendation Process
).
After this review, DOE will issue a letter to applicants either encouraging them to submit a § 48C(e) application or discouraging them from submitting a § 48C(e) application.
An applicant that receives a discouragement letter may still submit a § 48C(e) application in accordance with the § 48C(e) program and additional guidance. Receiving a discouragement letter in response to a submitted concept paper does not disqualify a taxpayer from submitting a § 48C(e) application but represents DOE’s feedback that the project, as proposed, is unlikely to receive a recommendation based on the information provided in the concept paper. DOE expects to transmit encouragement and discouragement letters to applicants in the summer of 2024.
Following the encouragement and discouragement notifications, DOE will publish a summary of general feedback based on the concept paper review process.
2.5 Stage 2, 48C(e) Application Guidance
The second evaluation stage will consist of a review of § 48C(e) applications submitted after the concept paper stage. Sections 2.6,
Additional Application Materials
, 2.8,
Submission and Registration Information and Requirements
, and 2.9,
DOE Recommendation Process
describe the information about the submission process and additional instructions for applicants. Applicants may not submit a § 48C(e) application unless they submitted a concept paper by the specified deadline.
The deadline for § 48C(e) applications will be communicated to applicants in the encouragement and discouragement letters and posted on the 48C portal.
2.5.1 Application Submission Requirements
This section outlines the format of the § 48C(e) application submission. Section 48C(e) applications should be formatted and arranged as described in this section. Strict adherence is required. Content requirements for § 48C(e) applications and the technical review criteria used by DOE to evaluate them are listed in Section 2.7,
Technical Review Criteria
The applicant’s Control Number is used throughout the submitted files. The control number is a unique identifier generated by the 48C portal for your application and will be determined by the system when the applicant first begins your application process.
Section 48C(e) applications must conform to the following requirements:
All § 48C(e) applications must be written in English.
All pages must be formatted to fit on 8-1/2 by 11-inch paper with margins not less than one inch on every side. Use Times New Roman typeface, a black font, and a font size of 11 points or larger (except in figures and tables). A symbol font may be used to insert Greek letters or special characters; the font size requirement still applies.
References must be included as footnotes or endnotes in a font size of 10 or larger. Footnotes and endnotes are counted toward the maximum page requirement.
The Control Number, which is the same number used for the concept paper, must be prominently displayed on the upper right corner of the header of every page. Page numbers must be included in the footer of every page.
Cash flow models should be submitted as a Microsoft Excel spreadsheet and must include calculation formulas and assumptions.
All § 48C(e) applications must be submitted in Adobe PDF format unless stated otherwise.
Each § 48C(e) application should be limited to a unique project with a distinct qualified investment. If projects involve more than one specified advanced energy property listed in Appendix A, then applicants must choose a
primary
specified advanced energy property for their project. The entire § 48C(e) application submission includes five components: a narrative, a workforce and community engagement plan, a business entity certification, a data sheet, and appendices.
The § 48C(e) application narrative must not exceed 30 pages when printed using the formatting requirements set forth above and single spaced.
Pages in excess of the page limitation will not be considered for review. No material may be incorporated by reference as a means to circumvent the page limitation. Section 48C(e) application narratives should be submitted in Adobe PDF format with the file name
[ControlNumber]-
48CApplication.pdf
The workforce and community engagement portion of the § 48C(e) application will be submitted in a separate file and must not exceed 5 pages when printed using the formatting requirements set forth above and single spaced.
Pages in excess of the page limitation will not be considered for review. No material may be incorporated by reference as a means to circumvent the page limitation. The § 48C(e) application workforce and community engagement plan should be submitted as a separate file in Adobe PDF format with the file name
[ControlNumber]
-App-WCE.pdf
The 48C Business Entity Certification, which supports DOE’s Due Diligence Review, should be completed and submitted as a separate file using the provided template or a comparable format including the same substantive information. Applicants must submit the file as a PDF with the file name
[ControlNumber]
-BusinessEntityCertification.pdf
The 48C Application Data Sheet should be completed and submitted as a separate Excel document with the file name
[ControlNumber]
-App-DataSheet.xlsx
. Additional instructions for completing the 48C Application Data Sheet are included in Section 2.6,
Additional Application Materials
Any supporting documents should be uploaded as separate, individual files, preferably in Adobe PDF format. Content provided as appendices do not count towards any page limits described above.
Note:
The maximum file size that can be uploaded to the 48C portal is 25 MB. Files in excess of 25 MB cannot be uploaded, and hence cannot be submitted for review. If a file exceeds 25 MB but is still within the maximum page limit, it must be broken into parts and denoted to that effect. For example: “48CApplication _Part_1.pdf”, “48CApplication_Part_2.pdf”.
The full list of required files for § 48C(e) application submission is illustrated in the following table.
Table 4: Files Required for § 48C(e) Application Submission
Component
File Format
Maximum Pages
File Name
Section 48C(e) Application
PDF
30
[ControlNumber]-48CApplication.pdf
Section 48C(e) Application Workforce and Community Engagement Plan
PDF
[ControlNumber]-App-WCE.pdf
Business Entity Certification
PDF
N/A
[ControlNumber]-BusinessEntityCertification.pdf
48C Application Data Sheet
MS Excel
N/A
[ControlNumber]-App-DataSheet.xlsx
Appendix Files
Various
N/A
[ControlNumber]-Appendix-[FileTitle].[format] (e.g. 1234-Appendix-1.pdf)
For all files, “[ControlNumber]” should be replaced by the application’s control number. For example, for a control number of 1234, the file would be named, “1234-ConceptPaper.pdf”.
See Sections 2.6,
Additional Application Materials
and 2.8,
Submission and Registration Information and Requirements
for information on which supporting documents should be submitted as appendix materials.
2.5.2 Application Submission Material Guidelines
The following subsections contain detailed guidance for content requirements for each project category—Clean Energy Manufacturing and Recycling Projects, Industrial Decarbonization Projects, and Critical Material Projects—for the § 48C(e) application stage. Applicants should complete their application package using only the guidance in this section for their application’s project category.
The Workforce and Community Engagement application guidelines
apply to and are consistent across all project types.
2.5.2.1 Clean Energy and Critical Materials Manufacturing and Recycling Projects
Company Overview
Describe your company, your team on the project, and prior experience producing proposed product(s).
Project Summary
Describe the proposed facility, including anticipated number of employees, and geographic location.
Indicate the objectives of the investment or project, including:
o Whether the project will establish, re-equip, or expand a facility.
o The specified advanced energy property or project, and whether the facility will manufacture, process, refine, or recycle the specified advanced energy property. If the project involves more than one specified advanced energy property, indicate the project’s primary advanced energy property, and any additional advanced energy properties the project will produce or recycle.
o In the case of a recycling project, describe the facility’s products and the clean energy supply chains they will support.
Describe the equipment and processes employed at the proposed facility to manufacture or recycle the proposed advanced energy property.
o If the proposed project re-equips or expands an existing facility, describe clearly what the proposed project will add or change in the existing facility.
o Provide a list of the anticipated eligible property that will make up the qualified investment of the qualifying advanced energy project.
Describe any significant changes to the project that have occurred since the concept paper stage.
Project Management and Timeline
Provide a project schedule from construction through operation and achieving full production capacity, which demonstrates how certification requirements will be met within two (2) years of receiving an allocation decision from the IRS, and how the project will be placed in service within two (2) years of such certification.
Describe plans or strategies in place to ensure sufficient provision of crucial resources required for the project’s successful execution.
Summarize status of the Engineering, Procurement, Construction Agreements, and Operations and Maintenance Agreements.
Siting and Permitting
Explain the rationale for selecting the project site and illustrate the site can fully meet all environmental, water supply, transmission interconnection, and other necessary requirements.
Summarize the status and plans, including timeline to secure all required permits such as all federal, state, and local permits, including environmental authorizations (if applicable) or reviews necessary to commence construction of the project.
Risk Management Plan
Identify project risks or challenges—including legal, financial, engineering, procurement, construction, and operational risks—and any relevant mitigation strategies.
Include a discussion of natural disasters (e.g., earthquakes), climate impacts and extreme weather patterns (e.g., tornadoes, hurricanes, heat and freezing temperatures, drought, wildfire, and floods) that may impact the resilience/sustainability of the project.
Financial Information
Submit a cash flow model detailing investments in and cash flows anticipated over the facility’s expected lifetime, including a description of the methodology and all assumptions used.
Describe the payback period, net present value (NPV), adjusted present value (APV) and break-even analysis for the project and other financial metrics including return on investment and return on assets.
Estimate the project’s amount that will be treated as a qualified investment (as determined under § 48C) if the project is certified to receive a credit. The applicant may use any reasonable methodology and assumptions in estimating this amount.
Describe the amount of equity that will be invested in the project, including the sources of such equity and their strengths.
Describe the amount of total debt obligations that will be incurred and the funding sources of all such debt.
Describe any local, state, or other federal incentives or funds that are being pursued or have been awarded for the proposed project, such as grants, loan guarantees, or tax credits.
o Include a description of any instances where any federal agencies or non-federal governmental entities have entered into an arrangement as a customer or offtaker of the project’s products or services, or other federal contracts, including acquisitions, leases, and other arrangements, that may indirectly support the applicant’s proposed project.
Market Information
Describe the markets your products will serve, including the existing product market size and company market share in dollars and volume, and growth potential for the next 5 to 10 years.
Discuss the current and anticipated competitiveness of your product in the next 5 to 10 years, including competing products and competitors. Provide the estimated cost of your facility’s product and how it compares to similar technologies or materials in the same market segment, including new and recycled products. This should be expressed in the same units as annual production (e.g., $/watt, $/kilowatt-hour, and $/ton), and applicants should include the absolute difference and percentage change from a reasonable domestic industry average.
Discuss your sales forecast, including details of any offtake agreements you may have to support your project. Identify confirmed or potential customers who will purchase, lease, or otherwise use the facility’s product.
Levelized Cost Information
For the facility’s product, discuss the levelized cost of generated or stored energy (LCOE), or of GHG emissions abatement (LCEA), based on costs of the full supply chain. The reported LCOE/LCEA should assume that the facility’s products are part of a final clean energy installation and, where appropriate, be based on the financial and resource assumptions provided in the 48C Application Data Sheet. LCOE should be expressed in nominal terms and should not include any federal, state, or other financial incentives. The following information should be provided as documentation:
o Brief description of the methodology used as the basis for the calculation.
o Identification and brief rationale for the source of key values used in the calculation, including capital or first costs, operating and maintenance costs, prices of commodity fuels or feedstocks, and carbon emissions associated with the operation of the end-use energy product.
o Justification for any use of a resource-related parameter (e.g., capacity factor) different than the national averages provided in the data sheet.
o In the case of LCEA, identification and brief rationale for the key values associated with the baseline energy mix, including the cost of generation and carbon emissions.
o Explanation of any factors impacting the levelized cost that could not be quantified and included in the calculation, and their potential directional effect on the resulting cost (i.e., increase or decrease).
Explanation of any relationship between the cost of the manufactured property and the performance of the end use energy product.
Management Plan
Provide the following information for the company and key management team members:
Describe the ownership structure of the company, including all beneficiaries.
List key management and senior personnel for the project, including the names, positions or titles, qualifications, and relevant experience.
Describe the unique capabilities and expertise of the applicant and any major project partners.
Include debt or equity sponsors, contractors/vendors (if known), and any other counterparty that the applicant believes will enable the project to be successful, as well as the prior experience of the applicant and any major project partners in similar undertakings to the proposed project.
Summarize any pending or threatened action, suit, proceeding, or investigation, including any action or proceeding by or before any governmental authority, that relates to the senior/key personnel, and the status of any appeals.
Describe any corporate health indicators, including legal claims or liabilities, planned debt restructuring, planned corporate actions, and other factors that could negatively affect the likelihood of project completion.
End Product GHG Emissions Impacts
Describe the end-use application of the facility’s products and how their use will avoid or reduce GHG emissions. Provide any details about the innovation and performance of the end product (e.g., efficiency, range, and economic life) that indicate its ability to facilitate deeper GHG emissions reductions than leading competitors or incumbents. Quantitative information regarding GHG emissions reductions enabled by the facility’s product in typical use should be provided in the Data Sheet.
Note:
For applicants applying for other advanced energy projects under section 1.1.i.(ii) of Appendix A,
Other advanced energy property designed to reduce greenhouse gas emissions as may be determined by the Secretary,
applicants must demonstrate a reduction of GHG emissions is an outcome of the manufacture of the advanced energy property.
Depending on the nature and application of the advanced energy property, applicants may choose to include the following information:
o For facilities that produce critical materials, components of a large specified advanced energy product (e.g., blade in a wind tower), or technologies that provide indirect GHG emissions reductions (e.g., grid components, storage, or charging infrastructure), applicants should qualitatively describe the emissions impacts of the clean energy technologies that are enabled by the facility’s products. Applicants should include internal or external analysis to substantiate indirect emissions benefits.
o In the case of advanced energy property that reduces GHG emissions relative to incumbent technologies (e.g., clean vehicle technologies compared to conventional vehicle technologies), applicants should describe the assumptions associated with their estimated emissions impacts, including anticipated market shares, relative emissions intensities, etc.
o In the case of recycling projects, applicants should qualitatively describe how the facility’s products are expected to reduce emissions through their use and by reducing raw material needs or emissions associated with end-of-life.
o In the case of advanced energy projects under section 1.1i of Appendix A,
Other advanced energy property designed to reduce greenhouse gas emissions as may be determined by the Secretary
, “low carbon energy intensive materials,” applicants should report emissions and carbon intensity levels using facility-specific, material/product-specific cradle-to-gate Type III (third-party verified) Environmental Product Declarations (EPDs), in line with the specifications found in EPA’s interim determination for the Buy Clean initiative for those relevant products.
The projects should reduce carbon intensity on a life cycle basis by at least 30% compared to an appropriate industry-specific benchmark.
GHG Emissions from the Facility
Qualitatively and quantitatively characterize the anticipated sources of Scope 1 or Scope 2 GHG emissions (defined in Section 2.2,
Glossary of Terms
) in the manufacturing, processing, refining, or recycling process. Emissions estimates should be provided in the 48C Application Data Sheet using the methodology described in Section 2.6,
Additional Application Materials
where available, input assumptions should be justified with publicly available data and engineering studies. Explain any significant differences between direct emissions from the facility and industry averages.
Provide any details about the manufacturing, processing, refining, or recycling process (e.g., efficiency, lifetime, electrification, low-carbon fuels, etc.) that indicate its potential to result in lower emissions than leading competitors or incumbents. Wherever possible, the applicant should substantiate assessments of process improvements with descriptions of recent analysis or engineering studies.
Describe any planned efforts to mitigate GHG emissions of the proposed facility.
Impact on U.S. Supply Chains and Domestic Manufacturing
Indicate whether production from the facility covers multiple supply chain segments—processed material, subcomponents, components, systems/end products—and how those segments interact.
Indicate whether the facility’s products will be used in multiple specified advanced energy technologies (e.g., wind, solar, and electric grid) or multiple sectors (e.g., transportation, industry, and electricity). Reference any offtake or sales arrangements provided in the Commercial Viability section to justify the end-use applications.
For Critical Material projects, describe whether the facility’s products align with U.S. federal, state, or local domestic content requirements, such as those in the § 30D tax credit. Reference any offtake or sales arrangements provided in the Commercial Viability Criterion section to justify the end-use applications.
In the 48C Application Data Sheet, submit the relevant production capacity information for the facility’s outputs and justify each in the § 48C(e) Application narrative.
Annual production capacity
includes yield loss and throughput data wherever applicable and possible.
Manufacturing Contribution
identifies the value added in the production of the facility’s output, as a fraction. Applicants should transparently state and justify current and future pricing assumptions for all significant value chain segments, including the product produced at the proposed facility.
Share of Facility Output
represents the portion of the facility output that was used in the production of eligible clean energy products as opposed to other applications. Where possible, applicants manufacturing multiple products (or products with multiple applications) should utilize offtake or sales agreements to demonstrate the portion that will go to eligible applications.
Deployed product lifetime
represents the service lifetime of the facility’s output (not the lifetime of the facility itself). The applicant should provide and substantiate assumptions with market reports and/or field data, where relevant.
Supply Chain Resilience
Describe how your facility’s products will help build resilience of domestic supply chains that are critical for energy products that facilitate progress towards a net-zero economy, from raw materials to end-of-life. For instance, critical materials producers intending to serve the battery market should indicate the extent to which their project supports the electric vehicle or stationary energy storage supply chains, as opposed to consumer electronics.
Describe key inputs needed for your manufacturing or recycling process. Describe any known sources for your inputs, including indicating domestic sources and any current or anticipated supply chain vulnerabilities.
Workforce and Community Engagement (as a separate PDF document)
In a separate PDF document, describe your plan for contributing to job creation and ensuring project viability, timely completion, and ultimate success by fostering a stable and supportive workforce and host community. The following sub-sections outline specific content to be included in the separate PDF document,
all of which apply to all project types
. Applicants are encouraged to use Specific, Measurable, Achievable, Relevant, and Timely (SMART) milestones wherever possible and where relevant.
Job Creation and Workforce Continuity
Describe the applicant’s approach to creating and maintaining high-quality jobs for both new and incumbent workers. Characterize and estimate the number and quality of jobs your project will create (e.g., mechanics and construction workers).
o Include both direct and indirect jobs both during completion of the project (the credit period) and during operation of the facility after it is placed in service and any indicators of job quality.
Describe partnerships with apprenticeship readiness programs, registered apprenticeship programs, or community-based workforce training and support organizations serving displaced industrial workers.
o Include the coal, other energy, and automotive sectors, and others facing systematic barriers to employment to facilitate participation in the project’s construction and operations.
Summarize the applicant’s plan to attract, train, and retain a skilled and well-qualified workforce both during construction/completion of the project (the credit period) and during operations/production activities of the facility after it is placed in service.
o A collective bargaining agreement, labor-management partnership, or other similar agreement would provide evidence of such a plan. Alternatively, or additionally, applicants may describe:
Wages, benefits, and other worker supports to be provided as benchmarked at or above prevailing wages for construction and the upper quartile of wages for the occupation and industry for operations/production
Commitments to invest in workforce education and training, including measures to reduce attrition, increase productivity from a committed and engaged workforce, and support the development of a resilient, skilled, and stable workforce for the project, including specific efforts to recruit, train, and retain workers underrepresented in the sector, local workers, and others facing systematic barriers to employment with measurable goals to achieve these outcomes; and
Efforts to engage employees in the design and execution of workplace safety and health plans.
Describe employer commitments to support employees’ ability to organize, bargain collectively, and participate, through labor organizations of their choosing, in decisions that affect them. This could include remaining neutral during any union organizing campaigns, permitting union recognition through card check (as opposed to requiring union elections), willingness to enter into binding arbitration to settle first contracts, refraining from holding captive audience meetings, or other supportive measures.
Ensuring Timely Project Completion Through Workforce and Community Engagement
Describe current and planned agreements, partnerships or other efforts to engage with community and labor stakeholders, including as it relates to strengthening support of the community, workforce recruitment and retention, and the ability to execute the project on schedule and with adequate workforce.
Provide a comprehensive list of stakeholders that the project has engaged or plans to engage from local governments, Tribal governments, labor unions, and community-based organizations.
Describe current and planned efforts to engage with listed stakeholders, including as it relates to the ability to complete the project in a timely and effective manner and with adequate workforce.
Describe current and planned efforts to ensure availability of the workforce needed to successfully complete the project and place it in service in a timely manner, including through training programs that serve workers currently underrepresented in the sector.
Describe any activities to strengthen support of the community such as through benefit-sharing agreements, consideration of environmental impact, and use of local resources. Discussions should reference any existing or draft agreements, commitments or plans to develop agreements such as Good Neighbor Agreements/Community Benefits Agreements, Collective Bargaining Agreements, Project Labor Agreements or Community Workforce Agreements. Existing agreements must be provided in the submission package as appendix files.
Energy Community Transition
Describe the extent to which the project will support energy communities.
Describe specific actions to support energy communities, including transition opportunities for workers in the coal, other energy, and automotive sectors. Discussion should reference engagement with unions, workforce boards, and/or community-based workforce training and support organizations serving displaced industrial workers.
If applicable, include discussion on plans to repurpose existing infrastructure/assets that have been abandoned due to the closing of a coal mine or coal plant.
Local Environmental Impacts
Describe the impact of your project on local air, water, and/or land quality, as well as any efforts to mitigate local pollution and waste.
Discuss any anticipated negative and cumulative environmental impacts of the project, including impacts on local air, water, and/or land quality. Describe any efforts to mitigate local pollution and waste.
Determine whether the location or community qualifies as a disadvantaged community according to the
Climate and Economic Justice Screening Tool
(CEJST).
Within the context of cumulative environmental impacts, applicants should use the U.S. Environmental Protection Agency’s Environmental Justice Screening and Mapping (EJSCREEN) tool (
) to quantitatively discuss existing environmental impacts in the project area.
If anticipated project benefits will flow to an applicable disadvantaged community, identify applicable benefits that are quantifiable, measurable, and trackable, such as:
1. A decrease in energy burden;
2. A decrease in environmental exposure and burdens;
3. An increase in access to low-cost capital;
4. An increase in high-quality job creation, the clean energy job pipeline, and job training for individuals;
5. Increases in clean energy enterprise creation and contracting (e.g., through investment in underserved and underrepresented businesses);
6. Increases in energy democracy, including community ownership;
7. Increased parity in clean energy technology access and adoption; and
8. An increase in energy resilience.
Discuss how the project will maximize all the benefits listed above.
Describe how and when anticipated benefits are expected to flow to the disadvantaged community. For example, will the benefits be provided directly within the disadvantaged communities identified, or are the benefits expected to flow in another way? Further, will the benefits flow during project development or after project completion, and how will applicant track benefits delivered?
2.5.2.2 Industrial Decarbonization Projects
Company Overview
Describe your company, your team on the project, prior experience retrofitting technologies to reduce GHG emission, and any company commitments related to reducing GHG emissions from manufacturing, industrial, or recycling facilities.
Project Summary
Describe the eligible industrial or manufacturing facility to be retrofitted, including, anticipated number of employees, geographical location, baseline emissions compared to peers in your industry.
Include a detailed description of the equipment and processes employed at the proposed facility.
Indicate which technologies or processes will be pursued to reduce the facility’s GHG emissions by at least 20%, including low- or zero-carbon process heating systems; carbon capture, transport, utilization, or storage systems; energy efficiency and reduction in waste; or other industrial technology.
Estimate the project’s anticipated emissions reductions in both absolute and percentage terms (relative to your facility’s baseline emissions). Indicate whether the retrofit project will achieve the required 20% reduction in (a) Scope 1 emissions (defined in Section 2.2,
Glossary of Terms
), Scope 2 emissions (defined in Section 2.2,
Glossary of Terms
), or total (Scope 1 and Scope 2) emissions, and (b) subunit emissions or facility wide emissions.
Describe any significant changes to the project scope that have occurred since the concept paper stage.
Project Management and Timeline
Provide a project schedule from construction through operation and achieving full production capacity, which demonstrates how certification requirements will be met within two (2) years of receiving an allocation decision from the IRS, and how the project will be placed in service within two (2) years of such certification.
Describe plans or strategies in place to ensure sufficient provision of crucial resources required for the project’s successful execution.
Summarize status, engineering, procurement, construction agreements
and Operations and Maintenance Agreements.
Siting and Permitting
Explain the rationale for selecting the project site and illustrate that the site can fully meet all environmental, water supply, transmission interconnection, and other necessary requirements.
Summarize the status and plans to secure all required permits such as all federal, state, and local permits, including environmental authorizations (if applicable) or reviews necessary to commence construction of the project.
Risk Management Plan
Identify project risks or challenges and any relevant mitigation strategies.
Include a discussion of natural disasters (e.g., earthquakes), climate impacts and extreme weather patterns (e.g., tornadoes, hurricanes, heat and freezing temperatures, drought, wildfire, and floods) that may impact the resilience/sustainability of the project.
Financial Information
Describe the financial viability of the project and provide supporting metrics such as payback period, net present value (NPV), or return on investment and return on assets.
Estimate the project‘s qualified investment (as determined under § 48C) if the project is certified to receive a credit. The applicant may use any reasonable methodology and assumptions in estimating this amount.
Calculate the levelized cost of measured reduction in GHG emissions (based on costs of the full supply chain) that will be enabled by the project. Instructions for calculating levelized cost metrics are provided in Section 2.6,
Additional Application Materials
Explain the methodology and assumptions used in the § 48C(e) application narrative.
Market Information
Discuss the current and anticipated competitiveness of your product in the next 5 to 10 years, after retrofitting and how it compares to similar technologies or materials in the same market segment, including conventional and lower-carbon products. This should be expressed in the same units as annual production (e.g., $/watt, $/kilowatt-hour, and $/ton) per the instructions in the 48C Application Data Sheet. Applicants should include the absolute difference and percentage change from a reasonable domestic industry average.
Management Plan
Provide the following information for the company and key management team members:
Describe the ownership structure of the company, including all beneficiaries.
List key management and senior personnel for the project, including the names, positions or titles, qualifications, and relevant experience.
Describe the unique capabilities and expertise of the applicant and any major project partners.
Include debt or equity sponsors, contractors/vendors (if known), and any other counterparty that the applicant believes will enable the project to be successful, as well as the prior experience of the applicant and any major project partners in similar undertakings to the proposed project.
Summarize any pending or threatened action, suit, proceeding, or investigation, including any action or proceeding by or before any governmental authority, that relates to the senior/key personnel, and the status of any appeals.
Describe any corporate health indicators, including legal claims or liabilities, planned debt restructuring, planned corporate actions, and other factors that could negatively affect the likelihood of project completion.
GHG Emissions from the Facility
Describe the portions of the industrial or manufacturing process that will be re-equipped by the project, the nature of the improvements, and how the improvements drive emissions reductions. Include a description of the extent to which best-in-class technologies are deployed.
Describe and quantify the Scope 1 and Scope 2 GHG emissions (defined in Section 2.2,
Glossary of Terms
) of the facility immediately before and after the retrofit project, including interactions between Scope 1 and Scope 2 emissions (e.g., electrification projects may reduce Scope 1 emissions but increase Scope 2 emissions). Express post-retrofit emissions reductions in both absolute and relative (% reduction) terms, where the latter must be at least 20%.
Applicants should report emissions levels using facility-specific, material/product-specific cradle-to-gate Type III (third-party verified) Environmental Product Declarations (EPDs), in line with the specifications found in EPA’s interim determination for the Buy Clean initiative for those relevant products.
Emissions should be calculated and submitted in the 48C Application Data Sheet, which is based on the EPA Greenhouse Gas Reporting Protocol and EPA’s Simplified GHG Emissions Calculator
(https://www.epa.gov/climateleadership/simplified-ghg-emissions-calculator
). Large industrial facilities with existing GHGRP reports should also submit their GHG emissions figures from the most recent calendar year, expressed in metric tons of CO
equivalent. Explain any significant differences between direct emissions from the facility and a reasonable domestic industry average.
Supply Chain Resilience
Describe the extent to which the equipment used to facilitate the GHG emissions reductions at your facility is produced domestically. For instance, a project utilizing carbon capture equipment should explain whether they are sourcing from domestic CCUS companies or manufacturers.
Describe how your project will help strengthen resilience of critical domestic supply chains that facilitate progress towards a net-zero economy, including by spurring or fulfilling the growing demand for low-carbon construction materials, such as those covered in the Buy Clean Initiative.
Describe the extent to which the retrofit project employs innovative solutions that can enhance U.S. leadership and industrial competitiveness. Include the use of advanced industrial or manufacturing approaches.
Workforce and Community Engagement (as a separate PDF document)
See the application material requirements in Section 2.5.2.1,
Clean Energy and Critical Materials Manufacturing and Recycling Projects
above.
2.5.3 Application Review Process Overview
2.5.3.1 Compliance and Eligibility Review
DOE will carry out an initial compliance review for § 48C(e) applications to determine that (1) the eligibility requirements have been met, (2) the required information has been submitted, (3) the proposed project is technically valid, and (4) all mandatory requirements of this notice are satisfied. As part of this review, DOE will determine whether the proposed project meets the definition of a qualifying advanced energy project, as described in Appendix A.
If a § 48C(e) application fails to meet compliance or eligibility requirements or fails to provide sufficient information for evaluation, DOE reserves the right to request clarifications and/or missing information from some or all applicants through written submissions provided to DOE in a timely manner. Section 48C(e) applications that fail to meet the compliance and eligibility requirements or do not provide sufficient information for evaluation will be considered non-responsive, and DOE will recommend a denial of allocation without proceeding to technical review.
2.5.3.2 Technical Review
After the § 48C(e) application compliance and eligibility review, DOE will perform a technical review process based on four technical review criteria:
Criterion 1: Commercial Viability
Criterion 2: Greenhouse Gas Emissions Impacts
Criterion 3: Strengthening U.S. Supply Chains and Domestic Manufacturing for a Net-Zero Economy
Criterion 4: Workforce and Community Engagement
See complete details of the technical review criteria for § 48C(e) applications in Section 2.7,
Technical Review Criteria
of this appendix. All technical review criteria will be used in a thorough, consistent, and objective examination to develop scores for ranking applications and determining merit of each proposed project. The review of the Commercial Viability criterion will additionally inform eligibility by determining whether the project has a reasonable expectation of commercial viability, as required by § 48C(d)(3)(A). The information requested for each criterion will vary based on the qualifying advanced energy project category, as detailed in Section 2.7,
Technical Review Criteria
2.5.3.3 Due Diligence Review
To ensure the § 48C(e) program supports strengthening and securing U.S. supply chains and domestic manufacturing to the greatest extent possible, DOE may conduct a due diligence review to determine if an applicant has a connection with an entity that could put these goals at risk.
2.5.3.4 Final Recommendation for § 48C(e) Applications
Following the compliance, eligibility, and technical reviews, DOE may also consider program policy factors and the results of the due diligence review when determining the final portfolio of recommendations (see Section 2.9.1,
Program Policy Factors
).
2.6 Additional Application Materials
2.6.1 Data Sheet
To capture and process information submitted in the concept paper and § 48C(e) application, applicants are required to fill out and submit the supplementary Concept Paper Data Sheet and 48C Application Data Sheet, respectively. The above sections on content and form of concept papers and § 48C(e) applications indicate which categories of information will be captured in the data sheet. This section provides explanations and examples on select terms for which the applicant may benefit from additional information. This list is not exhaustive, and there will be unique questions for each project category within the Data Sheet template for the concept paper and § 48C(e) application stages.
Refer to the Data Sheet for specific information requested relevant to your project.
Applicants should substantiate in their narrative any data which is inputted into either Data Sheet. It is essential that applicants conform to this process in order to ensure a competitive review of all applications.
2.6.1.1 Levelized Cost
The 48C Application Data Sheet for Clean Energy Manufacturing and Recycling projects requires applicants to identify their levelized cost of energy (LCOE) and/or emissions abatement (LCEA). The 48C Application Data Sheet will provide stock information, such as inflation rates, taxes and insurance, and depreciation. LCOE should be expressed in nominal terms and should not include any federal, state, or other financial incentives. Further, plant and related cost values and prices of commodity fuels or feedstocks used in the calculation should reflect current national wholesale averages where possible.
The following information should be provided as documentation:
Brief description of the methodology used as the basis for the calculation. This methodology should be a commonly accepted industry standard.
Identification and brief rationale for the source of key values used in the calculation, including capital or first costs, operating and maintenance costs, prices of commodity fuels or feedstocks, and carbon emissions associated with the operation of the end-use energy product.
Justification for any use of a resource-related parameter (e.g., capacity factor) different than the national averages provided.
In the case of LCEA, identification and brief rationale for the key values associated with the baseline energy mix, including the cost of generation and carbon emissions.
Explanation of any factors impacting the levelized cost that could not be quantified and included in the calculation, and their potential directional effect on the resulting cost (i.e., increase or decrease).
Explanation of any relationship between the cost of the manufactured property and the performance of the end use energy product.
If possible, an “unimproved” levelized cost calculation that does not reflect the input of the manufactured property (e.g., relies on the competitive standard of the day), based on the same financial and resource assumptions used in the “improved” calculation.
If the applicant chooses to provide an LCOE or LCEA value for the closest comparable end use energy product from a published study, the following information should be provided as documentation:
Explanation of why a value either could not be calculated or was not appropriate to calculate for the end-use energy product.
Brief description of the methodology used in the cited study.
Identification of key assumptions used in the study, including the year basis for which the cost is reported (if the cost is reported in real terms; e.g., $2011), the year of costs and prices of fuel commodities, the year to which the end cost value is referenced (e.g., could be a future year), the extent of technology improvement assumed for the comparable end use energy product, the regional extent of the baseline assumed (e.g., global, the United States, or a region of United States), the carbon emissions associated with the baseline energy mix and the end-use energy product, the key financial assumptions (e.g., interest rates, taxes, and incentives included), and the resource-related parameters (e.g., capacity factors).
Explanation of how the above assumptions differ from those provided above for guiding the calculation of the cost of abatement, and the potential directional effect of these differences on the study’s cost value (i.e., if the aforementioned assumptions required for cost of abatement calculation had been used, explain whether the study’s cost value likely have increased or decreased).
2.6.2 Section 48C(e) Application Appendix Files
In the § 48C(e) application stage, the applicant is required to include the following appendix materials and may include others at their discretion:
Cashflow model for project economic evaluation
If the project involves process improvement:
Copy of internal or external analysis or engineering studies to substantiate assessments of process improvements. An example would be a front-end engineering and design (FEED) study for an industrial retrofit project.
Operations and Maintenance Agreements
A letter of approval for the project from the controlling shareholders or board of directors explicitly indicated their commitment to financing the project supported by an attachment of a certified project Engineering, Procurement and Construction (EPC) contract.
Copy of site plan, together with evidence that applicant owns or controls a site. Examples of evidence would include a deed, or an executed contract to purchase or lease the site.
Copy of audited financial statements for the applicant and other projected funding sources for the most recently ended three (3) fiscal years, and the unaudited quarterly interim financial statements for the current fiscal year. If all three years of audited statements are not available, provide all available statements and any additional documents that provide similar evidence of corporate health.
Lists of all federal, state, and local permits, including environmental authorizations or reviews, necessary to commence construction.
Any existing equity or debt funding commitments or expressions of interest from equity or debt financing sources for the project.
Expressions of interest or commitment letters from potential customers.
Offtake agreements (optional).
Diagrams, schematics, and/or images (e.g., process flow diagrams) to clearly illustrate the proposed facility or proposed changes to an existing facility.
Workforce and Community Engagement Agreements, such as Good Neighbor Agreements/Community Benefits Agreements, Collective Bargaining Agreements, Project Labor Agreements or Community Workforce Agreements.
Resumes for key management and senior personnel for the project, preferably submitted as a single Adobe PDF document labeled Resumes.pdf.
For energy-intensive materials that have a substantially lower carbon intensity projects:
A life cycle assessment showing at least a 30% reduction in the carbon intensity of the product compared to the industry standard, using facility-specific, material/product-specific cradle-to-gate Type III (third-party verified) Environmental Product Declarations (EPDs), in line with the specifications found in EPA’s interim determination for the Buy Clean initiative for those relevant products.
2.7 Technical Review Criteria
2.7.1 Clean Energy Manufacturing and Critical Materials Projects
This section describes the technical review criteria that DOE will use to evaluate Clean Energy Manufacturing and Critical Materials Projects. The criteria below will apply for both concept papers and applications.
Applicants should ONLY extend their materials to address italicized criteria during the § 48C(e) application, consistent with the application materials requested. Italicized criteria will not be considered during the concept paper stage.
2.7.1.1 Criterion 1: Commercial Viability
Applicants should ONLY extend their materials to address italicized criteria during the § 48C(e) application, consistent with the application materials requested. Italicized criteria will not be considered during the concept paper stage.
Project schedule and time from certification to completion:
o Readiness to proceed with the proposed project and reasonableness of the timeframe required for construction and commissioning of the project;
o The extent to which tasks are well described and important risks and mitigation strategies are identified and addressed; and
Readiness to proceed with the proposed project as evidenced by firmness of site selection and progress towards securing required permits, contracts, reviews, agreements, and milestones for each identified task.
Strength of the proposed business plan, including:
o The potential for commercial deployment, based on estimates of market share, market growth potential, and price competitiveness of the product.
o The source and certainty of funding for the equity that will be invested in the project, including private financing, DOE funding, state and local incentives, and other sources.
o The degree to which proposed budget is realistic based on spending plan and contingencies.
The degree to which the investment is profitable, based on the project economics as described in cash flow analysis of the project.
The strength of key arrangements, such as financing, acquisition/supply strategy, and power purchase agreements for the proposed project, as well as offtake (sales) arrangements for the facility’s products.
The levelized cost of generated or stored energy, or of measured reduction in energy consumption or GHG emission (or similar metric) for the facility’s products, compared to similar technologies or materials within the same market segment.
Strength of the proposed management plan, including the management team’s track record of success in areas relevant to the project and corporate health of the applicant.
In assessing each item above, the following will be considered: (a) the comprehensiveness, specificity, and accuracy of the information and plans provided, (b) the reasonableness of assumptions used in making estimations and projections, and (c) the extent to which the applicant demonstrates an understanding of relevant risks and the quality of the strategies put forward to mitigate and manage those risks.
2.7.1.2 Criterion 2: Greenhouse Gas Emissions Impacts
Applicants should ONLY extend their materials to address italicized criteria during the § 48C(e) application, consistent with the application materials requested. Italicized criteria will not be considered during the concept paper stage.
End Product
: The extent to which the end product will help avoid or reduce anthropogenic GHG emission and contribute to reaching the national target of net-zero emissions by 2050. For Critical Materials Projects, this includes the extent to which there is clear evidence that the produced critical material(s) will be used in the manufacturing of clean energy technologies that are needed in a net-zero economy. For low carbon energy-intensive materials, this includes the extent to which the technologies used to reduce production emissions contribute to reaching the national target of net-zero emissions. Preference will be given to projects that result in products in the lowest 20 percent of embodied greenhouse gas emissions when compared to similar products, in line with EPA’s interim determination for what constitutes “substantially lower” embodied emissions for the Buy Clean initiative for those relevant materials.
Facility:
The extent to which the project plan minimizes GHG emissions from the facility itself through best-in-class technologies or approaches that exceed those of incumbents or competitors, including activities to monitor facility emissions and energy use.
Upstream Supply Chain:
The extent that the project plan includes strategies to reduce emissions in the upstream supply chain (e.g., through contracts with low-emissions suppliers).
2.7.1.3 Criterion 3: Strengthening U.S. Supply Chains and Domestic Manufacturing for a Net-Zero Economy
Applicants should ONLY extend their materials to address italicized criteria during the § 48C(e) application, consistent with the application materials requested. Italicized criteria will not be considered during the concept paper stage.
Filling supply chain gap:
The degree to which a project’s product addresses a critical gap in the supply chain of technologies needed to achieve net-zero emissions. (For projects involving critical materials, evaluation will also consider the extent to which the project proposes to produce materials listed in the USGS/DOE Critical Materials assessment or demonstrates cost competitiveness through the production of a combination of critical and non-critical materials).
Federal tax credit efficiency:
the extent to which federal tax credit support for the project will effectively enhance the development of the domestic supply chain and manufacturing and expedite the deployment of clean energy products. This includes:
48C credit impact:
The extent to which project demonstrates the need for 48C program support, describing how the resources will be leveraged, potentially including but not limited to increased output (as represented by added capacity per tax credit requested), minimized waste, optimized manufacturing processes, decreased product price, or improved product project economics; and
Support expansion of domestic supply chains:
The extent to which the project expands manufacturing and accelerates deployment of clean energy products, as demonstrated by whether the proposed product will be used in the production of one or more clean energy products or technologies, domestic versus international production today, and capacity added compared to market gap.
In the case of recycling projects, these technical review criteria will be evaluated based on which materials are produced at the recycling facility and evidence that those produced materials will serve as inputs to clean energy supply chains.
2.7.1.4 Criterion 4: Workforce and Community Engagement
Applicants should ONLY extend their materials to address italicized criteria during the § 48C(e) application, consistent with the application materials requested. Italicized criteria will not be considered during the concept paper stage.
Job Creation and Workforce Continuity:
o The number of domestic jobs created (both direct and indirect) (a) during completion of the project (the credit period) and (b) during operations of the facility after it is placed in service, including jobs within energy communities (if applicable) attained by locals or individuals previously employed by the local or regional coal industry.
o The quality of new and/or retained jobs in construction and in operations/production (both hired directly and by third parties) including wages and employer-sponsored benefits for all classifications, employment statuses (i.e. full-time, part-time, contractor), health and safety programs and standards, and phases of work.
o The extent to which the applicant engaged key stakeholders to develop partnerships to better serve local and underrepresented workers through training and support that may include a collective bargaining agreement, labor-management partnership, registered apprenticeship or pre-apprenticeship programs, or detailed workforce development and continuity plans.
The extent to which the project guarantees employees the ability to organize, bargain collectively, and participate, through labor organizations of their choosing, in decisions that affect them and that contribute to the effective conduct of business and facilitates amicable settlements of any potential disputes between employees and employers, providing assurances of project efficiency, continuity, and multiple public benefits.
The extent to which job quality and workforce continuity commitments are formalized in agreements for each phase of the project that may include Project Labor Agreements, Community Workforce Agreements, Collective Bargaining Agreements, or Community Benefits Agreements that include conditions of employment.
The extent to which applicant demonstrates sufficient supply of appropriately skilled labor, and an effective plan to minimize the risk of labor disputes or disruptions.
Ensuring Timely Project Completion Through Workforce and Community Engagement:
o The extent of current and planned efforts to engage community and labor stakeholders and degree to which these engagements have led to or are likely to lead to formal agreements (e.g., project labor agreements, collective bargaining agreements, community benefits agreements).
The extent to which the applicant demonstrates community and labor engagement to date that results in support of the community for the proposed project and availability and continuity of the necessary workforce.
The extent to which the applicant has a clear and appropriately robust plan to engage with labor unions, Tribal entities, and community-based organizations that support or work with disadvantaged communities and other affected stakeholders and the degree to which these engagements have led to or are likely to lead to formal agreements.
The extent to which the applicant has considered accountability to affected workers and community stakeholders, including those most vulnerable to project activities with a plan to publicly share Workforce and Community Engagement commitments.
Energy Community Transition:
o The extent to which the application includes specific actions to support energy communities, including transition opportunities for workers in the coal, other energy, and automotive sectors into clean energy sectors.
o The extent to which a project will utilize existing local and regional resources that previously supported the local or regional coal industry or repurpose existing infrastructure/assets that have been abandoned due to closing of a coal mines or coal plant.
Local Environmental Impacts:
o The extent to which the proposed project accounts for its environmental impact to the surrounding community by having clear plans to avoid or reduce local air pollution, land contamination, and/or water contamination.
The extent to which the application identifies specific, measurable benefits for disadvantaged communities, including energy communities, and how negative environmental impacts affecting disadvantaged communities would be mitigated.
2.7.2 Industrial Decarbonization Projects
This section describes the technical review criteria that DOE will use to evaluate Industrial Decarbonization Projects. The criteria below will apply for both concept papers and applications.
Applicants should ONLY extend their materials to address italicized criteria during the § 48C(e) application, consistent with the application materials requested. Italicized criteria will not be considered during the concept paper stage.
2.7.2.1 Criterion 1: Commercial Viability
See the description of the Commercial Viability criterion in Section 2.7.1.1,
Criterion 1: Commercial Viability
2.7.2.2 Criterion 2: Greenhouse Gas Emissions Impacts
Applicants should ONLY extend their materials to address italicized criteria during the § 48C(e) application, consistent with the application materials requested. Italicized criteria will not be considered during the concept paper stage.
Avoided Emissions
: The extent to which the described emissions reductions are comprehensive, specific, reasonable, and significant (based on combined Scope 1 and Scope 2 emissions) and correspond to at least a 20% reduction in GHG emissions, accounting for any anticipated changes to the facility’s production volumes. Preference will be given to projects that result in products in the lowest 20 percent of embodied greenhouse gas emissions when compared to similar products, in line with EPA’s interim determination for what constitutes “substantially lower” embodied emissions for the Buy Clean initiative for those relevant materials.
Cost of Avoided Emissions:
The extent to which the project achieves a low levelized cost of measured reduction in GHG emissions (based on capital expenditures and/or tax credit dollars requested).
Technology Innovation:
The extent to which the project uses current best-in-class industrial or manufacturing approaches and innovative, low-emissions equipment, fuels, feedstocks, or processes.
Scalability:
The extent to which the project will contribute to the achievement of net-zero emissions in the U.S. by 2050, including the potential for the approach to be applied beyond the specific project location.
2.7.2.3 Criterion 3: Strengthening U.S. Supply Chains and Domestic Manufacturing for a Net-Zero Economy
Applicants should ONLY extend their materials to address italicized criteria during the § 48C(e) application, consistent with the application materials requested. Italicized criteria will not be considered during the concept paper stage.
The extent to which the proposed project enhances U.S. leadership in low emissions manufacturing as demonstrated by implementing innovative technologies such as installing energy efficient equipment that improve the U.S. competitive edge in low carbon manufacturing processes.
The extent to which the project will advance the commercial viability and uptake of replicable, cross-cutting decarbonization approaches in major industrial applications such as energy efficiency, electrification, LCFFES, material efficiency or substitution, and CCUS.
2.7.2.4 Criterion 4: Workforce and Community Engagement
See the description of the Workforce and Community Engagement criterion in Section 2.7.1.4,
Criterion 4: Workforce and Community Engagement
2.8 Submission and Registration Information and Requirements
2.8.1 General Application Requirements
Applicants must submit a concept paper at Stage 1 and a § 48C(e) application at Stage 2. All submitted materials must be prepared in accordance with the guidance in this notice to provide a standard basis for review and to ensure that each application will be uniform as to format and sequence.
Concept papers and § 48C(e) applications should clearly address each of the eligibility requirements and applicable technical review criteria to demonstrate the applicant’s capability, knowledge, and experience regarding the requirements described herein.
Applicants should fully address the requirements of Notice 2023-18, Notice 2023-44 and this notice and not rely on any presumed background knowledge. DOE will discourage a concept paper or recommend the rejection of a § 48C(e) application that does not follow the instructions regarding the organization and content when the nature of the deviation and/or omission precludes meaningful review of the project.
All concept papers and § 48C(e) applications must be submitted through the 48C portal to be considered for DOE recommendation under this notice.
Concept papers and § 48C(e) applications received after the stated deadlines will not be reviewed or considered for DOE recommendation.
2.8.2 Determining an Application’s Project Category
Eligible projects under the § 48C(e) program, as described in Appendix A, are classified into three overarching project categories: Clean Energy Manufacturing and Recycling Projects, Industrial Decarbonization Projects, and Critical Material Projects. Before developing application materials, an applicant must determine which qualifying advanced energy project category is most applicable to their project.
Section 2.5,
Stage 2, 48C(e) Application Guidance
, of this guidance contains instructions for content requirements for all project categories. Section 2.7,
Technical Review Criteria
of this guidance contains instructions for technical review criteria specific to each project category. Applicants should only complete their application package using the appropriate guidance in Section 2.5,
Stage 2, 48C(e) Application Guidance,
corresponding to the applicant’s self-determined qualifying advanced energy project category. It is incumbent upon the applicant to adequately justify their determination of project category through application narratives.
The following table may assist applicants in determining the qualifying advanced energy project category most appropriate for their proposed project.
Table 5: Determining the qualifying advanced energy project category.
Project Category
This Category Includes...
Application Materials
Technical Review Criteria
Clean Energy Manufacturing and Recycling
Facilities that
produce
one or more specified advanced energy properties, or its components or materials, described in Appendix A, Section 1.1,
Clean Energy Manufacturing and Recycling Projects
; or
Facilities that
recycle
one or more specified advanced energy properties described in Appendix A, Section 1.1,
Clean Energy Manufacturing and Recycling Projects
Section 2.5
Section 2.7.1
Industrial Decarbonization
Projects at existing industrial or manufacturing facilities that reduce GHG emissions by at least 20%.
Note
: Facilities are not required to produce products or materials with energy applications or those described in Appendix A, Section 1.1,
Clean Energy Manufacturing and Recycling Projects
and Appendix A, Section 1.3,
Critical Material Projects.
Section 2.5
Section 2.7.2
Critical Materials
Facilities that process, refine, or recycle one or more
critical materials described in Appendix A, Section 1.3,
Critical Material Projects
Section 2.5
Section 2.7.1
2.8.3 48C Portal for Submission of Application
The 48C portal will provide a single interface for applicants through all steps of the § 48C(e) application process, including concept paper submission, receipt of concept paper feedback, § 48C(e) application submission, receipt of an allocation or denial letter from the IRS, submission of evidence documents to DOE for certification, receipt of a certification letter from the IRS, submission of notification to DOE that the project has been placed in service or otherwise disposed, and receipt of notification from the IRS that the applicant may claim the credit.
Files required for submission of concept papers, including concept paper templates and data sheets, are available for applicants at
on the date of this notice. DOE cannot accept any application materials outside of the formal 48C portal, including via email. The 48C portal will be open for registration and submission of concept papers no later than May 28, 2024.
2.8.3.1 Submission of Application
All § 48C(e) application materials must be submitted through the 48C portal at https://eco.energy.gov/48C/ to be considered by DOE. Section 48C(e) applications submitted by any other means will not be accepted.
Note:
The 48C portal website address has been modified since Notice 2023-44 was published, and the address specified in this guidance must be used.
The applicant will receive an automated response when the concept paper or § 48C(e) application is received. This will serve as confirmation of receipt. Do not reply to the automated response. It is the responsibility of the applicant to verify successful transmission prior to the concept paper and § 48C(e) application deadlines.
In order to submit concept papers and § 48C(e) applications, all applicants must register an account in the 48C portal at
. It is recommended that each applicant organization designate a primary contact point responsible for each submission. The primary user may specify an additional contact within their organization who may register in the portal as a backup user.
Potential applicants will be required to have an ID.me account to access the 48C portal. As part of the 48C portal registration process, new users will be directed to create an account in ID.me.
Note:
The email address associated with ID.me must match the email address associated with the 48C portal account. For more information, refer to the 48C Login Guide, which will be available in the Manuals section of the 48C portal at https://eco.energy.gov/48C/
no later than May 28, 2024
2.8.3.2 Help with 48C Portal
Applicants may email
48CQuestions@hq.doe.gov
for questions regarding the registration process or submitting your application on the 48C portal.
For questions regarding other non-tax aspects of the § 48C(e) program unrelated to the 48C portal, see Section 2.11,
Questions/Comments and Informational Webinar
2.8.4 Application Forms and Format of Submissions
Applicants must log in to the 48C portal to download all required forms and submit concept papers and § 48C(e) applications to be considered for a § 48C(e) credit allocation. The applicant will have the opportunity to re-submit revised application materials for any reason as long as the revision is submitted by the specified deadline.
2.8.5 Electronic Authorization of Applications
Submission of § 48C(e) application materials through electronic systems used by DOE, including the 48C portal or its successor, will constitute the authorized representative’s approval and electronic signature.
2.8.6 Markings of Confidential Information
If elements of a § 48C(e) application contain information the taxpayer considers to be trade secrets, confidential, privileged, or otherwise exempt from disclosure under the Freedom of Information Act (FOIA, 5 U.S.C. § 552), the taxpayer may assert a claim of exemption at the time of application by placing the following text on the first page of the § 48C(e) application, and specifying the page or pages of the § 48C(e) application to be restricted:
“Pages [list applicable pages] of this document may contain trade secrets, confidential, proprietary, or privileged information that is exempt from public disclosure. Such information shall be used or disclosed only for evaluation purposes. The Government may use or disclose any information that is not appropriately marked or otherwise restricted, regardless of source. [End of Notice]”
The header and footer of every page that contains confidential, proprietary, or privileged information must be marked as follows: “Contains Trade Secrets, Confidential, Proprietary, or Privileged Information Exempt from Public Disclosure.” In addition, each line or paragraph containing proprietary, privileged, or trade secret information must be clearly marked with double brackets or highlighting.
2.9 DOE Recommendation Process
The final outcome of each stage of the DOE review process is to develop a recommendation and ranking (DOE recommendation) of projects. DOE will provide a recommendation and ranking for a project only if it determines that the application meets all requirements described in this guidance, and that the project is eligible, has a reasonable expectation of commercial viability, merits a recommendation, and supports program policy factors when considering the full portfolio of recommended projects.
2.9.1 Program Policy Factors
In addition to the criteria described in Section 2.7,
Technical Review Criteria
DOE may also consider the following program policy factors when determining the DOE recommendation.
The degree to which the proposed project contributes to a portfolio that optimizes the use of available credit amounts to address existing or anticipated gaps, vulnerabilities, or opportunities and to expand domestic manufacturing capacity in priority supply chains in a timely manner.
The degree to which the proposed project contributes to a portfolio that efficiently uses available credit amounts to enable significant additional reductions in industrial GHG emissions, such as projects with low levelized cost of abatement of GHG emissions and those that are close to the margins of being cost effective but would not be without support of the 48C program.
The degree to which the proposed project contributes to a portfolio that enhances American industrial and manufacturing competitiveness in a global net-zero economy.
The degree to which the proposed project exhibits technological and product diversity when compared to other projects recommended for allocation.
The degree to which the proposed project contributes to portfolio diversity within a project category and across project categories.
The degree to which the proposed project contributes to a portfolio that supports a diversity of organizational sizes, including small- and medium-sized manufacturers.
The degree to which the proposed project is likely to contribute to a long-term, place-based, coordinated, and collaborative regional economic development strategy.
The degree to which the project will contribute to follow-on supply chain investments in the region.
The degree to which the proposed project, or group of projects, represent a desired geographic distribution, when compared to other projects recommended for allocation.
The degree to which the proposed project will accelerate transformational technological advances in areas that industry by itself is not likely to undertake because of financial uncertainty.
The degree to which the proposed project contributes to a portfolio of recommended projects with at least 40% of credits allocated to projects in energy communities, as described in § 48C(e)(2).
The degree to which the proposed project, and other projects recommended for allocation, contributes to the total portfolio meeting the goals reflected in the Workforce and Community Engagement technical review criterion.
The degree to which the proposed project has broad public support from the communities most directly impacted by the project.
The degree to which the project contributes to a portfolio that meets the goals reflected in the Workforce and Community Engagement technical review criterion by producing additional benefits to communities, particularly disadvantaged communities, such as reducing co-pollutants and other environmental (e.g., air and water) burdens.
2.9.2 DOE Recommendations
2.9.2.1 Concept Paper Recommendations
For the concept paper stage, the DOE recommendation will include all projects that are encouraged to submit a § 48C(e) application. Projects that are not included in the DOE recommendation will receive a letter of discouragement. An applicant that receives a letter of discouragement in response to a submitted concept paper may still submit a § 48C(e) application in accordance with this guidance. Receiving such a letter does not disqualify an applicant from submitting a § 48C(e) application but represents DOE’s feedback that the project is unlikely to receive a recommendation based on the information provided in the concept paper.
2.9.2.2 Section 48C(e) Application Recommendations
For the § 48C(e) application stage, the DOE recommendation will include the portfolio of projects that help to achieve the goals of the program. This recommendation will be based on a combination of the numeric score from the technical review process, as well as the application of the above program policy factors.
2.10 Post Allocation
2.10.1 Requirements for Certification
As described in this notice, applications receiving allocation letters must provide evidence that they have met the requirements for certification, such as all permits necessary to commence construction and any other documents that support metrics on production capacity, job creation, GHG emissions reduction, and overall commercial viability of the project. Applicants will upload documents providing this evidence to the 48C portal not later than 2 years from the date the IRS notified the applicant that they have received an allocation.
DOE’s recommendation is based in part on commitments and other claims stated by the applicant in the § 48C(e) application. The evidence provided by the applicant for certification must therefore also include documents demonstrating that any commitments or other claims in the § 48C(e) application have been met. These documents could include Community Benefits Agreements, collective bargaining agreements, contracts, offtake agreements, or any other commitments or arrangements claimed in the § 48C(e) applications that may have had an impact on the evaluation of the application. Documents already provided as appendices in the § 48C(e) application do not need to be submitted again for certification. Additional documents may be required, which will be shared at or after the time of allocation.
2.10.2 Request for Debriefing
Upon receiving a denial letter from the IRS, applicants can request a debriefing with DOE on its review of the § 48C(e) application. The denial letter will include instructions for requesting a debriefing.
Upon request, DOE will offer a debriefing to an applicant that submitted a § 48C(e) application (after submitting a concept paper and being encouraged to submit such § 48C(e) application) and subsequently, was not allocated a credit in Round 2 of the § 48C(e) program. Debriefings will not be available to applicants that receive a letter of discouragement. Debriefings will be held by DOE after the application period ends. Requests for a debriefing must be received by DOE no later than 30 business days from the date of the Denial Letter issued to the applicant. The sole purpose of the debriefing is to provide DOE’s impression of the strengths and weaknesses of the rejected § 48C(e) application to enable applicants to improve § 48C(e) applications for future rounds of the § 48C(e) program or § 48C credit allocation programs.
2.11 Questions/Comments and Informational Webinar
2.11.1 Questions and Comments
Any questions or comments regarding the non-tax aspects of this notice can be submitted to the Department of Energy at
48CQuestions@hq.doe.gov
. DOE may post questions and answers related to this notice in the Frequently Asked Questions (FAQs) section at https://www.energy.gov/infrastructure/48C. Any questions or comments received under this notice are subject to public release pursuant to the Freedom of Information Act. DOE is under no obligation to respond to, or acknowledge receipt of, any questions or comments submitted under this notice and any responses provided do not constitute legal advice provided by either DOE or the IRS.
Questions related to the 48C portal should be directed to 48CQuestions@hq.doe.gov. This includes questions about account registration or using the portal. Questions regarding application materials, eligibility, the DOE review process, or other programmatic questions not about the portal should not be sent to this email address.
2.11.2 Informational Webinar
DOE will conduct one or more informational webinars during the application process. They will be held before the due date for the § 48C(e) application.
Attendance is not mandatory and will not positively or negatively impact the review of any applicant submissions. As the webinar will be open to all applicants who wish to participate, applicants should refrain from asking questions or communicating information that would reveal confidential and/or proprietary information specific to their project.
The informational webinar will be held no later than May 31, 2024. Additional information including a link for registration can be found at
APPENDIX C Section 48C(e) Energy Communities Census Tracts
Census tracts that have ever had, since December 31, 1999, a closed coal mine or have ever had, since December 31, 2009, a retired coal-fired electric generating unit, and directly adjoining tracts, except for census tracts with applicants that previously received a § 48C credit allocation prior to the date of enactment of the IRA.
This Appendix C supersedes Appendix C of Notice 2023-44
State Name
County or County-Equivalent Entity Name
2020 Census Tract Number FIPS code
Tract Type
Alabama
Baldwin County
01003010100
Directly adjoining
Alabama
Bibb County
01007010001
Mine closure, Directly adjoining
Alabama
Bibb County
01007010005
Directly adjoining
Alabama
Bibb County
01007010006
Mine closure, Directly adjoining
Alabama
Bibb County
01007010007
Directly adjoining
Alabama
Bibb County
01007010008
Mine closure, Directly adjoining
Alabama
Bibb County
01007010009
Directly adjoining
Alabama
Bibb County
01007010010
Directly adjoining
Alabama
Bibb County
01007010011
Directly adjoining
Alabama
Blount County
01009050104
Directly adjoining
Alabama
Blount County
01009050200
Directly adjoining
Alabama
Blount County
01009050502
Directly adjoining
Alabama
Blount County
01009050601
Directly adjoining
Alabama
Blount County
01009050603
Directly adjoining
Alabama
Blount County
01009050701
Directly adjoining
Alabama
Blount County
01009050702
Mine closure
Alabama
Cherokee County
01019955701
Directly adjoining
Alabama
Cherokee County
01019956101
Directly adjoining
Alabama
Chilton County
01021060404
Directly adjoining
Alabama
Clarke County
01025957901
Directly adjoining
Alabama
Clarke County
01025957902
Directly adjoining
Alabama
Clarke County
01025958003
Directly adjoining
Alabama
Colbert County
01033020500
Directly adjoining
Alabama
Colbert County
01033020600
Directly adjoining
Alabama
Colbert County
01033020901
Directly adjoining
Alabama
Colbert County
01033020902
Generating unit retirement
Alabama
Colbert County
01033021000
Directly adjoining
Alabama
Cullman County
01043965501
Directly adjoining
Alabama
Cullman County
01043965502
Directly adjoining
Alabama
Cullman County
01043965600
Directly adjoining
Alabama
Cullman County
01043965700
Mine closure, Directly adjoining
Alabama
DeKalb County
01049960101
Directly adjoining
Alabama
DeKalb County
01049960102
Directly adjoining
Alabama
DeKalb County
01049960200
Mine closure, Directly adjoining
Alabama
DeKalb County
01049960301
Directly adjoining
Alabama
DeKalb County
01049960303
Directly adjoining
Alabama
DeKalb County
01049960401
Directly adjoining
Alabama
DeKalb County
01049960402
Mine closure
Alabama
DeKalb County
01049960500
Directly adjoining
Alabama
DeKalb County
01049960900
Directly adjoining
Alabama
DeKalb County
01049961100
Directly adjoining
Alabama
DeKalb County
01049961200
Directly adjoining
Alabama
DeKalb County
01049961400
Directly adjoining
Alabama
Fayette County
01057020000
Directly adjoining
Alabama
Fayette County
01057020100
Directly adjoining
Alabama
Fayette County
01057020300
Directly adjoining
Alabama
Fayette County
01057020400
Mine closure, Directly adjoining
Alabama
Franklin County
01059973100
Directly adjoining
Alabama
Franklin County
01059973702
Directly adjoining
Alabama
Franklin County
01059973703
Directly adjoining
Alabama
Jackson County
01071950101
Directly adjoining
Alabama
Jackson County
01071950102
Mine closure, Directly adjoining
Alabama
Jackson County
01071950200
Directly adjoining
Alabama
Jackson County
01071950301
Mine closure, Directly adjoining
Alabama
Jackson County
01071950302
Generating unit retirement, Directly adjoining
Alabama
Jackson County
01071950400
Directly adjoining
Alabama
Jackson County
01071950601
Directly adjoining
Alabama
Jackson County
01071950901
Directly adjoining
Alabama
Jackson County
01071951000
Mine closure, Directly adjoining
Alabama
Jackson County
01071951101
Directly adjoining
Alabama
Jefferson County
01073011206
Directly adjoining
Alabama
Jefferson County
01073011301
Directly adjoining
Alabama
Jefferson County
01073011303
Directly adjoining
Alabama
Jefferson County
01073011304
Mine closure, Directly adjoining
Alabama
Jefferson County
01073011401
Directly adjoining
Alabama
Jefferson County
01073011402
Mine closure, Directly adjoining
Alabama
Jefferson County
01073011500
Directly adjoining
Alabama
Jefferson County
01073011600
Mine closure, Directly adjoining
Alabama
Jefferson County
01073011704
Mine closure, Directly adjoining
Alabama
Jefferson County
01073011706
Directly adjoining
Alabama
Jefferson County
01073011707
Directly adjoining
Alabama
Jefferson County
01073011708
Directly adjoining
Alabama
Jefferson County
01073011710
Directly adjoining
Alabama
Jefferson County
01073012001
Directly adjoining
Alabama
Jefferson County
01073012103
Directly adjoining
Alabama
Jefferson County
01073012104
Mine closure, Directly adjoining
Alabama
Jefferson County
01073012200
Directly adjoining
Alabama
Jefferson County
01073012302
Mine closure, Directly adjoining
Alabama
Jefferson County
01073012304
Directly adjoining
Alabama
Jefferson County
01073012307
Directly adjoining
Alabama
Jefferson County
01073012403
Directly adjoining
Alabama
Jefferson County
01073012500
Directly adjoining
Alabama
Jefferson County
01073014001
Directly adjoining
Alabama
Jefferson County
01073014002
Directly adjoining
Alabama
Jefferson County
01073014104
Directly adjoining
Alabama
Jefferson County
01073014106
Mine closure, Directly adjoining
Alabama
Jefferson County
01073014107
Directly adjoining
Alabama
Jefferson County
01073014207
Directly adjoining
Alabama
Lamar County
01075030000
Mine closure
Alabama
Lamar County
01075030101
Directly adjoining
Alabama
Lamar County
01075030102
Directly adjoining
Alabama
Lauderdale County
01077011200
Directly adjoining
Alabama
Marion County
01093964001
Mine closure, Directly adjoining
Alabama
Marion County
01093964002
Directly adjoining
Alabama
Marion County
01093964100
Directly adjoining
Alabama
Marion County
01093964300
Directly adjoining
Alabama
Marion County
01093964401
Directly adjoining
Alabama
Marion County
01093964402
Directly adjoining
Alabama
Marion County
01093964500
Mine closure, Directly adjoining
Alabama
Marion County
01093964600
Directly adjoining
Alabama
Marion County
01093964701
Directly adjoining
Alabama
Marion County
01093964702
Mine closure, Directly adjoining
Alabama
Mobile County
01097005702
Directly adjoining
Alabama
Mobile County
01097005800
Generating unit retirement
Alabama
Mobile County
01097005900
Directly adjoining
Alabama
Mobile County
01097006000
Directly adjoining
Alabama
Randolph County
01111000200
Directly adjoining
Alabama
Shelby County
01117030337
Directly adjoining
Alabama
Shelby County
01117030350
Directly adjoining
Alabama
Shelby County
01117030405
Directly adjoining
Alabama
Shelby County
01117030406
Directly adjoining
Alabama
Shelby County
01117030407
Directly adjoining
Alabama
Shelby County
01117030408
Mine closure, Directly adjoining
Alabama
Shelby County
01117030607
Directly adjoining
Alabama
Shelby County
01117030610
Directly adjoining
Alabama
Shelby County
01117030611
Mine closure, Directly adjoining
Alabama
Shelby County
01117030613
Directly adjoining
Alabama
Tuscaloosa County
01125010101
Directly adjoining
Alabama
Tuscaloosa County
01125010102
Mine closure, Directly adjoining
Alabama
Tuscaloosa County
01125010104
Directly adjoining
Alabama
Tuscaloosa County
01125010105
Directly adjoining
Alabama
Tuscaloosa County
01125010203
Directly adjoining
Alabama
Tuscaloosa County
01125010500
Directly adjoining
Alabama
Tuscaloosa County
01125010601
Mine closure, Directly adjoining
Alabama
Tuscaloosa County
01125010603
Directly adjoining
Alabama
Tuscaloosa County
01125010604
Directly adjoining
Alabama
Tuscaloosa County
01125010703
Directly adjoining
Alabama
Tuscaloosa County
01125010706
Mine closure, Directly adjoining
Alabama
Tuscaloosa County
01125010707
Directly adjoining
Alabama
Tuscaloosa County
01125010802
Directly adjoining
Alabama
Tuscaloosa County
01125010803
Directly adjoining
Alabama
Tuscaloosa County
01125010804
Directly adjoining
Alabama
Walker County
01127020100
Mine closure, Directly adjoining
Alabama
Walker County
01127020200
Directly adjoining
Alabama
Walker County
01127020302
Directly adjoining
Alabama
Walker County
01127020400
Directly adjoining
Alabama
Walker County
01127020600
Directly adjoining
Alabama
Walker County
01127020700
Directly adjoining
Alabama
Walker County
01127020801
Directly adjoining
Alabama
Walker County
01127020802
Mine closure, Directly adjoining
Alabama
Walker County
01127020900
Mine closure, Directly adjoining
Alabama
Walker County
01127021000
Mine closure, Directly adjoining
Alabama
Walker County
01127021100
Mine closure, Directly adjoining
Alabama
Walker County
01127021200
Mine closure, Directly adjoining
Alabama
Walker County
01127021300
Mine closure, Directly adjoining
Alabama
Walker County
01127021400
Mine closure, Directly adjoining
Alabama
Walker County
01127021500
Mine closure, Generating unit retirement, Directly adjoining
Alabama
Walker County
01127021600
Mine closure, Directly adjoining
Alabama
Walker County
01127021700
Mine closure, Directly adjoining
Alabama
Walker County
01127021800
Mine closure, Directly adjoining
Alabama
Walker County
01127021900
Mine closure, Directly adjoining
Alabama
Washington County
01129044000
Directly adjoining
Alabama
Washington County
01129044100
Generating unit retirement
Alabama
Washington County
01129044200
Directly adjoining
Alabama
Washington County
01129044300
Directly adjoining
Alabama
Winston County
01133965501
Directly adjoining
Alabama
Winston County
01133965502
Directly adjoining
Alabama
Winston County
01133965503
Directly adjoining
Alabama
Winston County
01133965601
Mine closure, Directly adjoining
Alabama
Winston County
01133965602
Directly adjoining
Alabama
Winston County
01133965700
Directly adjoining
Alabama
Winston County
01133965800
Mine closure, Directly adjoining
Alabama
Winston County
01133965900
Mine closure, Directly adjoining
Alaska
Fairbanks North Star Borough
02090001501
Directly adjoining
Alaska
Fairbanks North Star Borough
02090001700
Directly adjoining
Alaska
Fairbanks North Star Borough
02090001902
Directly adjoining
Alaska
Fairbanks North Star Borough
02090980100
Generating unit retirement
Arizona
Apache County
04001970201
Directly adjoining
Arizona
Apache County
04001970300
Directly adjoining
Arizona
Apache County
04001970502
Directly adjoining
Arizona
Coconino County
04005001500
Directly adjoining
Arizona
Coconino County
04005002000
Directly adjoining
Arizona
Coconino County
04005002101
Directly adjoining
Arizona
Coconino County
04005002102
Directly adjoining
Arizona
Coconino County
04005942201
Directly adjoining
Arizona
Coconino County
04005942202
Generating unit retirement
Arizona
Mohave County
04015950103
Directly adjoining
Arizona
Mohave County
04015951404
Directly adjoining
Arizona
Mohave County
04015951601
Directly adjoining
Arizona
Mohave County
04015951602
Directly adjoining
Arizona
Mohave County
04015951702
Directly adjoining
Arizona
Navajo County
04017940014
Directly adjoining
Arizona
Navajo County
04017940015
Directly adjoining
Arizona
Navajo County
04017942300
Directly adjoining
Arizona
Navajo County
04017960100
Directly adjoining
Arizona
Navajo County
04017960200
Directly adjoining
Arizona
Navajo County
04017960400
Directly adjoining
Arizona
Navajo County
04017960500
Generating unit retirement, Directly adjoining
Arizona
Navajo County
04017960600
Directly adjoining
Arizona
Navajo County
04017963300
Generating unit retirement, Directly adjoining
Arizona
Navajo County
04017963400
Directly adjoining
Arizona
Navajo County
04017963800
Directly adjoining
Arizona
Navajo County
04017964202
Directly adjoining
Arkansas
Crittenden County
05035030602
Directly adjoining
Arkansas
Franklin County
05047950201
Directly adjoining
Arkansas
Johnson County
05071951700
Directly adjoining
Arkansas
Johnson County
05071951800
Mine closure
Arkansas
Johnson County
05071951900
Directly adjoining
Arkansas
Johnson County
05071952000
Directly adjoining
Arkansas
Logan County
05083950100
Directly adjoining
Arkansas
Logan County
05083950200
Directly adjoining
Arkansas
Scott County
05127950100
Directly adjoining
Arkansas
Sebastian County
05131010102
Directly adjoining
Arkansas
Sebastian County
05131010202
Directly adjoining
Arkansas
Sebastian County
05131010301
Directly adjoining
Arkansas
Sebastian County
05131010303
Mine closure, Directly adjoining
Arkansas
Sebastian County
05131010304
Mine closure, Directly adjoining
California
Inyo County
06027000800
Directly adjoining
California
Kern County
06029000102
Directly adjoining
California
Kern County
06029000104
Directly adjoining
California
Kern County
06029000105
Directly adjoining
California
Kern County
06029000106
Directly adjoining
California
Kern County
06029000201
Directly adjoining
California
Kern County
06029000300
Directly adjoining
California
Kern County
06029000400
Directly adjoining
California
Kern County
06029000601
Directly adjoining
California
Kern County
06029000702
Directly adjoining
California
Kern County
06029000800
Directly adjoining
California
Kern County
06029000902
Directly adjoining
California
Kern County
06029000914
Directly adjoining
California
Kern County
06029003900
Directly adjoining
California
Kern County
06029004605
Directly adjoining
California
Kern County
06029005103
Generating unit retirement, Directly adjoining
California
Kern County
06029005104
Directly adjoining
California
Kern County
06029005205
Directly adjoining
California
Kern County
06029005206
Directly adjoining
California
Kern County
06029005207
Directly adjoining
California
Kern County
06029005208
Generating unit retirement, Directly adjoining
California
Kern County
06029005300
Directly adjoining
California
Kern County
06029005410
Directly adjoining
California
Kern County
06029005509
Directly adjoining
California
Kern County
06029006500
Directly adjoining
California
Riverside County
06065030104
Directly adjoining
California
Riverside County
06065040101
Directly adjoining
California
Riverside County
06065042300
Directly adjoining
California
San Bernardino County
06071003606
Directly adjoining
California
San Bernardino County
06071003609
Directly adjoining
California
San Bernardino County
06071003612
Directly adjoining
California
San Bernardino County
06071004001
Directly adjoining
California
San Bernardino County
06071004003
Directly adjoining
California
San Bernardino County
06071004004
Generating unit retirement
California
San Bernardino County
06071006601
Directly adjoining
California
San Bernardino County
06071007107
Directly adjoining
California
San Bernardino County
06071008901
Generating unit retirement
California
San Bernardino County
06071010300
Directly adjoining
California
San Bernardino County
06071011602
Directly adjoining
California
San Bernardino County
06071012500
Directly adjoining
California
San Bernardino County
06071025000
Directly adjoining
California
San Joaquin County
06077002100
Directly adjoining
California
San Joaquin County
06077002201
Directly adjoining
California
San Joaquin County
06077002202
Directly adjoining
California
San Joaquin County
06077002300
Directly adjoining
California
San Joaquin County
06077002800
Generating unit retirement
California
San Joaquin County
06077003700
Directly adjoining
California
San Joaquin County
06077003803
Directly adjoining
California
Tulare County
06107002701
Directly adjoining
California
Tulare County
06107004301
Directly adjoining
California
Tulare County
06107004500
Directly adjoining
Colorado
Adams County
08001008802
Directly adjoining
Colorado
Adams County
08001008901
Directly adjoining
Colorado
Adams County
08001009001
Directly adjoining
Colorado
Adams County
08001009003
Directly adjoining
Colorado
Adams County
08001009004
Directly adjoining
Colorado
Adams County
08001009103
Directly adjoining
Colorado
Adams County
08001009104
Directly adjoining
Colorado
Adams County
08001009307
Directly adjoining
Colorado
Adams County
08001009553
Directly adjoining
Colorado
Adams County
08001015000
Generating unit retirement
Colorado
Arapahoe County
08005005551
Directly adjoining
Colorado
Arapahoe County
08005005701
Directly adjoining
Colorado
Baca County
08009964600
Directly adjoining
Colorado
Baca County
08009964700
Directly adjoining
Colorado
Bent County
08011966702
Directly adjoining
Colorado
Boulder County
08013012207
Directly adjoining
Colorado
Boulder County
08013012208
Directly adjoining
Colorado
Boulder County
08013012603
Directly adjoining
Colorado
Boulder County
08013012701
Directly adjoining
Colorado
Boulder County
08013012705
Directly adjoining
Colorado
Boulder County
08013012707
Generating unit retirement
Colorado
Boulder County
08013012708
Directly adjoining
Colorado
Boulder County
08013012709
Directly adjoining
Colorado
Boulder County
08013012710
Directly adjoining
Colorado
Boulder County
08013012801
Directly adjoining
Colorado
Boulder County
08013012802
Directly adjoining
Colorado
Boulder County
08013012903
Directly adjoining
Colorado
Boulder County
08013013003
Directly adjoining
Colorado
Costilla County
08023972700
Directly adjoining
Colorado
Custer County
08027970101
Directly adjoining
Colorado
Custer County
08027970102
Directly adjoining
Colorado
Delta County
08029964600
Mine closure, Directly adjoining
Colorado
Delta County
08029964700
Directly adjoining
Colorado
Delta County
08029964800
Directly adjoining
Colorado
Delta County
08029965001
Directly adjoining
Colorado
Delta County
08029965002
Directly adjoining
Colorado
Delta County
08029965202
Directly adjoining
Colorado
Denver County
08031001402
Directly adjoining
Colorado
Denver County
08031001403
Directly adjoining
Colorado
Denver County
08031001500
Directly adjoining
Colorado
Denver County
08031004602
Directly adjoining
Colorado
Denver County
08031004603
Directly adjoining
Colorado
Denver County
08031015600
Generating unit retirement
Colorado
Denver County
08031015700
Directly adjoining
Colorado
Dolores County
08033000100
Directly adjoining
Colorado
El Paso County
08041001500
Directly adjoining
Colorado
El Paso County
08041001600
Directly adjoining
Colorado
El Paso County
08041001700
Directly adjoining
Colorado
El Paso County
08041002200
Directly adjoining
Colorado
El Paso County
08041002300
Generating unit retirement
Colorado
El Paso County
08041002802
Directly adjoining
Colorado
El Paso County
08041003001
Directly adjoining
Colorado
Fremont County
08043978100
Directly adjoining
Colorado
Fremont County
08043978200
Directly adjoining
Colorado
Fremont County
08043978300
Mine closure
Colorado
Fremont County
08043978400
Directly adjoining
Colorado
Fremont County
08043978500
Directly adjoining
Colorado
Fremont County
08043978600
Directly adjoining
Colorado
Fremont County
08043978800
Directly adjoining
Colorado
Fremont County
08043979001
Directly adjoining
Colorado
Fremont County
08043979002
Directly adjoining
Colorado
Fremont County
08043979100
Directly adjoining
Colorado
Fremont County
08043979200
Generating unit retirement
Colorado
Fremont County
08043979400
Directly adjoining
Colorado
Fremont County
08043980100
Directly adjoining
Colorado
Fremont County
08043980300
Directly adjoining
Colorado
Garfield County
08045951901
Directly adjoining
Colorado
Garfield County
08045952003
Directly adjoining
Colorado
Garfield County
08045952100
Mine closure, Directly adjoining
Colorado
Gunnison County
08051963601
Directly adjoining
Colorado
Gunnison County
08051963800
Directly adjoining
Colorado
Gunnison County
08051963900
Mine closure, Directly adjoining
Colorado
Hinsdale County
08053973100
Directly adjoining
Colorado
Huerfano County
08055960902
Directly adjoining
Colorado
Jefferson County
08059009806
Directly adjoining
Colorado
Jefferson County
08059009842
Directly adjoining
Colorado
Jefferson County
08059009852
Directly adjoining
Colorado
Jefferson County
08059009854
Directly adjoining
Colorado
Jefferson County
08059009855
Directly adjoining
Colorado
Jefferson County
08059009857
Directly adjoining
Colorado
Jefferson County
08059009901
Generating unit retirement
Colorado
Jefferson County
08059010001
Directly adjoining
Colorado
Jefferson County
08059980800
Directly adjoining
Colorado
Kiowa County
08061960100
Directly adjoining
Colorado
La Plata County
08067940400
Directly adjoining
Colorado
La Plata County
08067970701
Mine closure
Colorado
La Plata County
08067970703
Directly adjoining
Colorado
La Plata County
08067970705
Directly adjoining
Colorado
La Plata County
08067970900
Directly adjoining
Colorado
La Plata County
08067971000
Directly adjoining
Colorado
La Plata County
08067971100
Directly adjoining
Colorado
Las Animas County
08071000100
Directly adjoining
Colorado
Las Animas County
08071000200
Directly adjoining
Colorado
Las Animas County
08071000300
Mine closure, Directly adjoining
Colorado
Las Animas County
08071000400
Directly adjoining
Colorado
Las Animas County
08071000500
Generating unit retirement
Colorado
Las Animas County
08071000800
Directly adjoining
Colorado
Mesa County
08077001102
Directly adjoining
Colorado
Mesa County
08077001200
Directly adjoining
Colorado
Mesa County
08077001302
Directly adjoining
Colorado
Mesa County
08077001303
Directly adjoining
Colorado
Mesa County
08077001402
Directly adjoining
Colorado
Mesa County
08077001403
Directly adjoining
Colorado
Mesa County
08077001404
Directly adjoining
Colorado
Mesa County
08077001502
Directly adjoining
Colorado
Mesa County
08077001504
Directly adjoining
Colorado
Mesa County
08077001600
Directly adjoining
Colorado
Mesa County
08077001702
Generating unit retirement, Directly adjoining
Colorado
Mesa County
08077001703
Directly adjoining
Colorado
Mesa County
08077001705
Directly adjoining
Colorado
Mesa County
08077001706
Directly adjoining
Colorado
Mesa County
08077001800
Mine closure, Directly adjoining
Colorado
Mesa County
08077001900
Mine closure, Directly adjoining
Colorado
Moffat County
08081000300
Directly adjoining
Colorado
Moffat County
08081000600
Mine closure, Directly adjoining
Colorado
Montezuma County
08083941100
Directly adjoining
Colorado
Montezuma County
08083969000
Directly adjoining
Colorado
Montezuma County
08083969100
Directly adjoining
Colorado
Montrose County
08085966100
Mine closure, Generating unit retirement, Directly adjoining
Colorado
Montrose County
08085966201
Directly adjoining
Colorado
Montrose County
08085966202
Directly adjoining
Colorado
Montrose County
08085966501
Directly adjoining
Colorado
Montrose County
08085966602
Directly adjoining
Colorado
Ouray County
08091967601
Directly adjoining
Colorado
Ouray County
08091967602
Directly adjoining
Colorado
Pitkin County
08097000101
Directly adjoining
Colorado
Pitkin County
08097000102
Directly adjoining
Colorado
Prowers County
08099000100
Directly adjoining
Colorado
Prowers County
08099000200
Directly adjoining
Colorado
Prowers County
08099000300
Directly adjoining
Colorado
Prowers County
08099000600
Directly adjoining
Colorado
Prowers County
08099000700
Generating unit retirement
Colorado
Pueblo County
08101002804
Directly adjoining
Colorado
Pueblo County
08101003103
Directly adjoining
Colorado
Pueblo County
08101003104
Directly adjoining
Colorado
Pueblo County
08101003105
Directly adjoining
Colorado
Pueblo County
08101003106
Generating unit retirement
Colorado
Pueblo County
08101003200
Directly adjoining
Colorado
Rio Blanco County
08103951100
Directly adjoining
Colorado
Rio Blanco County
08103951200
Directly adjoining
Colorado
Routt County
08107000100
Directly adjoining
Colorado
Routt County
08107000200
Directly adjoining
Colorado
Routt County
08107000300
Mine closure, Directly adjoining
Colorado
Routt County
08107000400
Directly adjoining
Colorado
Routt County
08107000500
Directly adjoining
Colorado
Routt County
08107000800
Directly adjoining
Colorado
Saguache County
08109977600
Directly adjoining
Colorado
San Juan County
08111972600
Directly adjoining
Colorado
San Miguel County
08113968103
Directly adjoining
Colorado
San Miguel County
08113968200
Directly adjoining
Colorado
Teller County
08119010203
Directly adjoining
Connecticut
Fairfield County
09001070400
Directly adjoining
Connecticut
Fairfield County
09001070500
Directly adjoining
Connecticut
Fairfield County
09001070600
Generating unit retirement
Connecticut
Fairfield County
09001070900
Directly adjoining
Connecticut
Fairfield County
09001071200
Directly adjoining
Connecticut
Fairfield County
09001071300
Directly adjoining
Connecticut
Fairfield County
09001071600
Directly adjoining
Connecticut
Fairfield County
09001073900
Directly adjoining
Connecticut
Fairfield County
09001074000
Directly adjoining
Connecticut
Fairfield County
09001074400
Directly adjoining
Connecticut
Fairfield County
09001257200
Directly adjoining
Connecticut
New London County
09011693600
Directly adjoining
Connecticut
New London County
09011693700
Directly adjoining
Connecticut
New London County
09011695201
Directly adjoining
Connecticut
New London County
09011701200
Directly adjoining
Connecticut
New London County
09011870501
Directly adjoining
Connecticut
New London County
09011870502
Generating unit retirement
Delaware
New Castle County
10003990100
Directly adjoining
Delaware
Sussex County
10005050601
Directly adjoining
Delaware
Sussex County
10005050604
Directly adjoining
Delaware
Sussex County
10005050703
Directly adjoining
Delaware
Sussex County
10005051308
Directly adjoining
Delaware
Sussex County
10005051400
Directly adjoining
Delaware
Sussex County
10005051501
Directly adjoining
Delaware
Sussex County
10005051502
Generating unit retirement
Delaware
Sussex County
10005051702
Directly adjoining
District of Columbia
District of Columbia
11001007301
Directly adjoining
District of Columbia
District of Columbia
11001010900
Directly adjoining
Florida
Bay County
12005000201
Directly adjoining
Florida
Bay County
12005000203
Directly adjoining
Florida
Bay County
12005000204
Generating unit retirement
Florida
Bay County
12005000402
Directly adjoining
Florida
Bay County
12005001403
Directly adjoining
Florida
Bay County
12005001404
Directly adjoining
Florida
Bay County
12005001501
Directly adjoining
Florida
Bay County
12005002500
Directly adjoining
Florida
Bay County
12005002609
Directly adjoining
Florida
Bay County
12005002703
Directly adjoining
Florida
Bay County
12005002706
Directly adjoining
Florida
Bay County
12005002709
Directly adjoining
Florida
Bay County
12005002710
Directly adjoining
Florida
Calhoun County
12013010100
Directly adjoining
Florida
Citrus County
12017450305
Directly adjoining
Florida
Citrus County
12017450401
Directly adjoining
Florida
Citrus County
12017450402
Generating unit retirement
Florida
Citrus County
12017450501
Directly adjoining
Florida
Citrus County
12017990000
Directly adjoining
Florida
Clay County
12019031500
Directly adjoining
Florida
Duval County
12031000101
Directly adjoining
Florida
Duval County
12031010101
Directly adjoining
Florida
Duval County
12031010104
Generating unit retirement
Florida
Duval County
12031010105
Directly adjoining
Florida
Duval County
12031010106
Directly adjoining
Florida
Duval County
12031010202
Generating unit retirement
Florida
Duval County
12031010203
Directly adjoining
Florida
Duval County
12031010204
Directly adjoining
Florida
Duval County
12031010307
Directly adjoining
Florida
Duval County
12031010402
Directly adjoining
Florida
Duval County
12031014601
Directly adjoining
Florida
Duval County
12031014703
Directly adjoining
Florida
Gadsden County
12039020400
Directly adjoining
Florida
Hillsborough County
12057013604
Directly adjoining
Florida
Hillsborough County
12057013801
Generating unit retirement
Florida
Hillsborough County
12057013802
Directly adjoining
Florida
Hillsborough County
12057013803
Directly adjoining
Florida
Hillsborough County
12057013804
Directly adjoining
Florida
Hillsborough County
12057014106
Directly adjoining
Florida
Hillsborough County
12057014117
Directly adjoining
Florida
Hillsborough County
12057014119
Directly adjoining
Florida
Hillsborough County
12057990000
Directly adjoining
Florida
Jackson County
12063210901
Generating unit retirement
Florida
Jackson County
12063210902
Directly adjoining
Florida
Jackson County
12063211000
Directly adjoining
Florida
Levy County
12075970700
Directly adjoining
Florida
Liberty County
12077950202
Directly adjoining
Florida
Martin County
12085001803
Directly adjoining
Florida
Martin County
12085001804
Generating unit retirement
Florida
Martin County
12085001805
Directly adjoining
Florida
Martin County
12085001806
Directly adjoining
Florida
Polk County
12105010300
Directly adjoining
Florida
Polk County
12105011300
Directly adjoining
Florida
Polk County
12105011400
Directly adjoining
Florida
Polk County
12105011501
Directly adjoining
Florida
Polk County
12105011502
Generating unit retirement
Florida
Polk County
12105011605
Directly adjoining
Florida
Polk County
12105011606
Directly adjoining
Florida
Polk County
12105012207
Directly adjoining
Florida
Polk County
12105012209
Directly adjoining
Florida
Polk County
12105012304
Directly adjoining
Florida
Putnam County
12107950100
Generating unit retirement
Florida
Putnam County
12107950202
Directly adjoining
Florida
Putnam County
12107950600
Directly adjoining
Florida
Putnam County
12107950700
Directly adjoining
Florida
Putnam County
12107951000
Directly adjoining
Florida
St. Johns County
12109990100
Directly adjoining
Florida
Walton County
12131950501
Directly adjoining
Florida
Walton County
12131950610
Directly adjoining
Georgia
Baldwin County
13009970202
Directly adjoining
Georgia
Baldwin County
13009970301
Directly adjoining
Georgia
Burke County
13033950102
Directly adjoining
Georgia
Butts County
13035150102
Directly adjoining
Georgia
Carroll County
13045910800
Directly adjoining
Georgia
Carroll County
13045910900
Directly adjoining
Georgia
Carroll County
13045911202
Directly adjoining
Georgia
Chatham County
13051010601
Directly adjoining
Georgia
Chatham County
13051010603
Directly adjoining
Georgia
Chatham County
13051010701
Generating unit retirement, Directly adjoining
Georgia
Chatham County
13051010702
Directly adjoining
Georgia
Chatham County
13051010703
Directly adjoining
Georgia
Chatham County
13051010704
Directly adjoining
Georgia
Chatham County
13051010811
Directly adjoining
Georgia
Chatham County
13051980000
Directly adjoining
Georgia
Chattooga County
13055010600
Directly adjoining
Georgia
Cobb County
13067031213
Directly adjoining
Georgia
Cobb County
13067031214
Generating unit retirement
Georgia
Cobb County
13067031215
Directly adjoining
Georgia
Cobb County
13067031314
Directly adjoining
Georgia
Coweta County
13077170101
Generating unit retirement
Georgia
Coweta County
13077170102
Directly adjoining
Georgia
Coweta County
13077170200
Directly adjoining
Georgia
Coweta County
13077170303
Directly adjoining
Georgia
Coweta County
13077170304
Directly adjoining
Georgia
Dougherty County
13095000101
Directly adjoining
Georgia
Dougherty County
13095000102
Directly adjoining
Georgia
Dougherty County
13095000200
Directly adjoining
Georgia
Dougherty County
13095010302
Directly adjoining
Georgia
Dougherty County
13095010602
Directly adjoining
Georgia
Dougherty County
13095010900
Directly adjoining
Georgia
Dougherty County
13095011000
Generating unit retirement
Georgia
Dougherty County
13095011200
Generating unit retirement
Georgia
Dougherty County
13095011300
Directly adjoining
Georgia
Dougherty County
13095011600
Directly adjoining
Georgia
Effingham County
13103030303
Directly adjoining
Georgia
Effingham County
13103030306
Directly adjoining
Georgia
Effingham County
13103030307
Directly adjoining
Georgia
Effingham County
13103030308
Directly adjoining
Georgia
Effingham County
13103030309
Generating unit retirement, Directly adjoining
Georgia
Floyd County
13115000300
Directly adjoining
Georgia
Floyd County
13115000402
Directly adjoining
Georgia
Floyd County
13115001200
Directly adjoining
Georgia
Floyd County
13115001301
Directly adjoining
Georgia
Floyd County
13115001302
Directly adjoining
Georgia
Floyd County
13115001400
Generating unit retirement
Georgia
Floyd County
13115002000
Directly adjoining
Georgia
Floyd County
13115002100
Directly adjoining
Georgia
Fulton County
13121008701
Directly adjoining
Georgia
Fulton County
13121008801
Directly adjoining
Georgia
Fulton County
13121008802
Directly adjoining
Georgia
Fulton County
13121008903
Directly adjoining
Georgia
Fulton County
13121010402
Directly adjoining
Georgia
Hancock County
13141480300
Directly adjoining
Georgia
Heard County
13149970100
Directly adjoining
Georgia
Heard County
13149970200
Generating unit retirement
Georgia
Heard County
13149970300
Directly adjoining
Georgia
Jasper County
13159010503
Directly adjoining
Georgia
Jones County
13169030101
Directly adjoining
Georgia
Jones County
13169030200
Directly adjoining
Georgia
Lee County
13177020101
Directly adjoining
Georgia
Mitchell County
13205090100
Directly adjoining
Georgia
Monroe County
13207050101
Directly adjoining
Georgia
Monroe County
13207050102
Generating unit retirement
Georgia
Monroe County
13207050200
Directly adjoining
Georgia
Monroe County
13207050302
Directly adjoining
Georgia
Putnam County
13237960101
Directly adjoining
Georgia
Putnam County
13237960301
Directly adjoining
Georgia
Putnam County
13237960302
Generating unit retirement
Georgia
Worth County
13321950100
Directly adjoining
Georgia
Worth County
13321950201
Directly adjoining
Georgia
Worth County
13321950500
Directly adjoining
Hawaii
Honolulu County
15003008502
Directly adjoining
Hawaii
Honolulu County
15003008610
Directly adjoining
Hawaii
Honolulu County
15003980300
Generating unit retirement
Hawaii
Honolulu County
15003990001
Directly adjoining
Illinois
Adams County
17001010200
Directly adjoining
Illinois
Bond County
17005951200
Directly adjoining
Illinois
Bond County
17005951400
Directly adjoining
Illinois
Brown County
17009970400
Directly adjoining
Illinois
Bureau County
17011965000
Directly adjoining
Illinois
Bureau County
17011965500
Directly adjoining
Illinois
Calhoun County
17013951200
Directly adjoining
Illinois
Cass County
17017960100
Directly adjoining
Illinois
Cass County
17017960200
Directly adjoining
Illinois
Cass County
17017960300
Directly adjoining
Illinois
Champaign County
17019010400
Directly adjoining
Illinois
Champaign County
17019010702
Directly adjoining
Illinois
Champaign County
17019010800
Directly adjoining
Illinois
Clark County
17023060100
Directly adjoining
Illinois
Clark County
17023060400
Directly adjoining
Illinois
Clay County
17025971900
Directly adjoining
Illinois
Coles County
17029000100
Directly adjoining
Illinois
Cook County
17031301600
Directly adjoining
Illinois
Cook County
17031301702
Directly adjoining
Illinois
Cook County
17031301801
Directly adjoining
Illinois
Cook County
17031301803
Directly adjoining
Illinois
Cook County
17031310200
Directly adjoining
Illinois
Cook County
17031310300
Directly adjoining
Illinois
Cook County
17031310400
Directly adjoining
Illinois
Cook County
17031310500
Directly adjoining
Illinois
Cook County
17031310600
Directly adjoining
Illinois
Cook County
17031310700
Directly adjoining
Illinois
Cook County
17031310800
Directly adjoining
Illinois
Cook County
17031310900
Directly adjoining
Illinois
Cook County
17031330200
Directly adjoining
Illinois
Cook County
17031520100
Directly adjoining
Illinois
Cook County
17031520400
Directly adjoining
Illinois
Cook County
17031520500
Directly adjoining
Illinois
Cook County
17031550100
Directly adjoining
Illinois
Cook County
17031560100
Directly adjoining
Illinois
Cook County
17031570100
Directly adjoining
Illinois
Cook County
17031570200
Directly adjoining
Illinois
Cook County
17031580200
Directly adjoining
Illinois
Cook County
17031580300
Directly adjoining
Illinois
Cook County
17031600600
Directly adjoining
Illinois
Cook County
17031600700
Directly adjoining
Illinois
Cook County
17031814200
Directly adjoining
Illinois
Cook County
17031825700
Directly adjoining
Illinois
Cook County
17031830500
Generating unit retirement
Illinois
Cook County
17031840200
Directly adjoining
Illinois
Cook County
17031840300
Directly adjoining
Illinois
Cook County
17031840400
Directly adjoining
Illinois
Cook County
17031840800
Directly adjoining
Illinois
Cook County
17031841100
Directly adjoining
Illinois
Cook County
17031841200
Directly adjoining
Illinois
Cook County
17031841300
Directly adjoining
Illinois
Cook County
17031841900
Directly adjoining
Illinois
Cook County
17031843200
Generating unit retirement
Illinois
Cook County
17031843500
Directly adjoining
Illinois
Crawford County
17033880100
Generating unit retirement
Illinois
Crawford County
17033880200
Directly adjoining
Illinois
Crawford County
17033880300
Directly adjoining
Illinois
Crawford County
17033880500
Directly adjoining
Illinois
Crawford County
17033880600
Directly adjoining
Illinois
Douglas County
17041952000
Mine closure, Directly adjoining
Illinois
Douglas County
17041952100
Directly adjoining
Illinois
Douglas County
17041952400
Directly adjoining
Illinois
Edgar County
17045070100
Directly adjoining
Illinois
Edgar County
17045070200
Directly adjoining
Illinois
Edgar County
17045070500
Directly adjoining
Illinois
Edwards County
17047956900
Directly adjoining
Illinois
Edwards County
17047957000
Directly adjoining
Illinois
Effingham County
17049950100
Directly adjoining
Illinois
Effingham County
17049950500
Directly adjoining
Illinois
Fayette County
17051950700
Directly adjoining
Illinois
Franklin County
17055040100
Directly adjoining
Illinois
Franklin County
17055040200
Directly adjoining
Illinois
Franklin County
17055040400
Directly adjoining
Illinois
Franklin County
17055040500
Directly adjoining
Illinois
Franklin County
17055040700
Directly adjoining
Illinois
Franklin County
17055040800
Mine closure, Directly adjoining
Illinois
Franklin County
17055040900
Directly adjoining
Illinois
Franklin County
17055041000
Directly adjoining
Illinois
Franklin County
17055041100
Directly adjoining
Illinois
Franklin County
17055041200
Directly adjoining
Illinois
Fulton County
17057952800
Directly adjoining
Illinois
Fulton County
17057952900
Directly adjoining
Illinois
Fulton County
17057953000
Directly adjoining
Illinois
Fulton County
17057953100
Directly adjoining
Illinois
Fulton County
17057953200
Directly adjoining
Illinois
Fulton County
17057953500
Directly adjoining
Illinois
Fulton County
17057953600
Directly adjoining
Illinois
Fulton County
17057953700
Generating unit retirement, Directly adjoining
Illinois
Fulton County
17057953800
Directly adjoining
Illinois
Fulton County
17057953900
Directly adjoining
Illinois
Gallatin County
17059972700
Mine closure, Directly adjoining
Illinois
Gallatin County
17059972800
Mine closure, Directly adjoining
Illinois
Greene County
17061973800
Directly adjoining
Illinois
Hamilton County
17065973200
Directly adjoining
Illinois
Hancock County
17067953700
Directly adjoining
Illinois
Hancock County
17067954300
Directly adjoining
Illinois
Hardin County
17069970900
Directly adjoining
Illinois
Hardin County
17069971000
Directly adjoining
Illinois
Jackson County
17077010100
Directly adjoining
Illinois
Jackson County
17077010200
Mine closure, Directly adjoining
Illinois
Jackson County
17077010400
Directly adjoining
Illinois
Jackson County
17077010800
Directly adjoining
Illinois
Jackson County
17077010900
Directly adjoining
Illinois
Jackson County
17077011200
Directly adjoining
Illinois
Jackson County
17077011600
Directly adjoining
Illinois
Jasper County
17079977300
Directly adjoining
Illinois
Jasper County
17079977400
Directly adjoining
Illinois
Jasper County
17079977500
Generating unit retirement
Illinois
Jefferson County
17081050100
Directly adjoining
Illinois
Jefferson County
17081050300
Mine closure, Directly adjoining
Illinois
Jefferson County
17081050400
Directly adjoining
Illinois
Jefferson County
17081050500
Directly adjoining
Illinois
Jefferson County
17081051100
Directly adjoining
Illinois
Jo Daviess County
17085020200
Directly adjoining
Illinois
Johnson County
17087977600
Directly adjoining
Illinois
Johnson County
17087977700
Directly adjoining
Illinois
Johnson County
17087977800
Directly adjoining
Illinois
Knox County
17095000100
Directly adjoining
Illinois
Knox County
17095000200
Directly adjoining
Illinois
Knox County
17095001200
Directly adjoining
Illinois
Knox County
17095001400
Directly adjoining
Illinois
Knox County
17095001600
Mine closure
Illinois
Lake County
17097861701
Directly adjoining
Illinois
Lake County
17097861702
Directly adjoining
Illinois
Lake County
17097862100
Directly adjoining
Illinois
Lake County
17097862200
Generating unit retirement
Illinois
Lake County
17097862300
Directly adjoining
Illinois
Lake County
17097862401
Directly adjoining
Illinois
Lake County
17097862402
Directly adjoining
Illinois
Lake County
17097866000
Directly adjoining
Illinois
Lake County
17097990000
Directly adjoining
Illinois
LaSalle County
17099964100
Directly adjoining
Illinois
Lawrence County
17101880800
Directly adjoining
Illinois
McDonough County
17109010200
Directly adjoining
Illinois
McDonough County
17109010300
Directly adjoining
Illinois
McDonough County
17109011000
Directly adjoining
Illinois
McDonough County
17109011100
Mine closure, Directly adjoining
Illinois
Macoupin County
17117956000
Directly adjoining
Illinois
Macoupin County
17117956100
Mine closure
Illinois
Macoupin County
17117956200
Directly adjoining
Illinois
Macoupin County
17117956300
Directly adjoining
Illinois
Madison County
17119401200
Directly adjoining
Illinois
Madison County
17119401300
Directly adjoining
Illinois
Madison County
17119401500
Directly adjoining
Illinois
Madison County
17119402100
Directly adjoining
Illinois
Madison County
17119402200
Directly adjoining
Illinois
Madison County
17119402300
Directly adjoining
Illinois
Madison County
17119402400
Generating unit retirement
Illinois
Madison County
17119402500
Directly adjoining
Illinois
Madison County
17119402600
Directly adjoining
Illinois
Marshall County
17123961100
Directly adjoining
Illinois
Marshall County
17123961200
Directly adjoining
Illinois
Marshall County
17123961300
Directly adjoining
Illinois
Mason County
17125956400
Directly adjoining
Illinois
Mason County
17125956500
Directly adjoining
Illinois
Mason County
17125956600
Generating unit retirement
Illinois
Mason County
17125956700
Directly adjoining
Illinois
Massac County
17127970100
Generating unit retirement, Directly adjoining
Illinois
Massac County
17127970200
Directly adjoining
Illinois
Massac County
17127970300
Directly adjoining
Illinois
Massac County
17127970400
Directly adjoining
Illinois
Menard County
17129010300
Directly adjoining
Illinois
Monroe County
17133600102
Directly adjoining
Illinois
Monroe County
17133600402
Directly adjoining
Illinois
Monroe County
17133600502
Directly adjoining
Illinois
Montgomery County
17135957400
Directly adjoining
Illinois
Montgomery County
17135957500
Directly adjoining
Illinois
Montgomery County
17135957600
Directly adjoining
Illinois
Montgomery County
17135957900
Directly adjoining
Illinois
Montgomery County
17135958000
Generating unit retirement
Illinois
Morgan County
17137951400
Generating unit retirement
Illinois
Morgan County
17137951500
Directly adjoining
Illinois
Morgan County
17137951600
Directly adjoining
Illinois
Morgan County
17137951700
Directly adjoining
Illinois
Morgan County
17137951800
Directly adjoining
Illinois
Morgan County
17137951900
Directly adjoining
Illinois
Morgan County
17137952000
Generating unit retirement
Illinois
Morgan County
17137952100
Directly adjoining
Illinois
Morgan County
17137952200
Directly adjoining
Illinois
Peoria County
17143000200
Directly adjoining
Illinois
Peoria County
17143000300
Directly adjoining
Illinois
Peoria County
17143000600
Directly adjoining
Illinois
Peoria County
17143000900
Directly adjoining
Illinois
Peoria County
17143003800
Directly adjoining
Illinois
Peoria County
17143003900
Directly adjoining
Illinois
Peoria County
17143004000
Directly adjoining
Illinois
Peoria County
17143004600
Directly adjoining
Illinois
Peoria County
17143004801
Directly adjoining
Illinois
Peoria County
17143004802
Directly adjoining
Illinois
Peoria County
17143004901
Generating unit retirement, Directly adjoining
Illinois
Peoria County
17143004902
Directly adjoining
Illinois
Peoria County
17143005000
Directly adjoining
Illinois
Peoria County
17143005100
Generating unit retirement
Illinois
Perry County
17145030100
Directly adjoining
Illinois
Perry County
17145030200
Directly adjoining
Illinois
Perry County
17145030300
Mine closure, Directly adjoining
Illinois
Perry County
17145030400
Mine closure, Directly adjoining
Illinois
Perry County
17145030500
Directly adjoining
Illinois
Perry County
17145030600
Mine closure, Directly adjoining
Illinois
Pike County
17149952400
Directly adjoining
Illinois
Pike County
17149952500
Directly adjoining
Illinois
Pike County
17149952600
Directly adjoining
Illinois
Pike County
17149952700
Directly adjoining
Illinois
Pike County
17149952800
Generating unit retirement
Illinois
Pope County
17151971200
Directly adjoining
Illinois
Pope County
17151971300
Directly adjoining
Illinois
Pulaski County
17153971000
Directly adjoining
Illinois
Putnam County
17155954500
Directly adjoining
Illinois
Putnam County
17155954600
Generating unit retirement
Illinois
Randolph County
17157950500
Directly adjoining
Illinois
Randolph County
17157950600
Directly adjoining
Illinois
Randolph County
17157950700
Mine closure, Generating unit retirement, Directly adjoining
Illinois
Randolph County
17157950800
Directly adjoining
Illinois
Randolph County
17157950900
Directly adjoining
Illinois
Randolph County
17157951000
Directly adjoining
Illinois
Randolph County
17157951100
Directly adjoining
Illinois
Richland County
17159977900
Directly adjoining
Illinois
Richland County
17159978300
Directly adjoining
Illinois
Rock Island County
17161020302
Directly adjoining
Illinois
Rock Island County
17161020400
Directly adjoining
Illinois
Rock Island County
17161020600
Generating unit retirement, Directly adjoining
Illinois
Rock Island County
17161020700
Directly adjoining
Illinois
Rock Island County
17161020800
Directly adjoining
Illinois
Rock Island County
17161021400
Directly adjoining
Illinois
Rock Island County
17161024103
Directly adjoining
Illinois
St. Clair County
17163504002
Directly adjoining
Illinois
Saline County
17165955100
Directly adjoining
Illinois
Saline County
17165955500
Directly adjoining
Illinois
Saline County
17165955600
Mine closure, Directly adjoining
Illinois
Saline County
17165955700
Mine closure, Directly adjoining
Illinois
Saline County
17165955800
Directly adjoining
Illinois
Saline County
17165955900
Directly adjoining
Illinois
Saline County
17165956000
Directly adjoining
Illinois
Saline County
17165956100
Directly adjoining
Illinois
Saline County
17165956200
Mine closure, Directly adjoining
Illinois
Sangamon County
17167000600
Directly adjoining
Illinois
Sangamon County
17167002400
Directly adjoining
Illinois
Sangamon County
17167002500
Directly adjoining
Illinois
Sangamon County
17167002700
Directly adjoining
Illinois
Sangamon County
17167003000
Directly adjoining
Illinois
Sangamon County
17167003100
Generating unit retirement
Illinois
Sangamon County
17167003201
Directly adjoining
Illinois
Sangamon County
17167003203
Directly adjoining
Illinois
Sangamon County
17167003300
Directly adjoining
Illinois
Sangamon County
17167003400
Directly adjoining
Illinois
Sangamon County
17167003500
Directly adjoining
Illinois
Sangamon County
17167003901
Directly adjoining
Illinois
Sangamon County
17167003902
Directly adjoining
Illinois
Schuyler County
17169970100
Mine closure, Directly adjoining
Illinois
Schuyler County
17169970200
Directly adjoining
Illinois
Schuyler County
17169970300
Directly adjoining
Illinois
Scott County
17171970600
Directly adjoining
Illinois
Scott County
17171970700
Directly adjoining
Illinois
Tazewell County
17179020100
Directly adjoining
Illinois
Tazewell County
17179020400
Directly adjoining
Illinois
Tazewell County
17179020500
Directly adjoining
Illinois
Tazewell County
17179020800
Directly adjoining
Illinois
Tazewell County
17179020900
Directly adjoining
Illinois
Tazewell County
17179021802
Directly adjoining
Illinois
Union County
17181950100
Directly adjoining
Illinois
Vermilion County
17183000100
Directly adjoining
Illinois
Vermilion County
17183000200
Generating unit retirement
Illinois
Vermilion County
17183000300
Directly adjoining
Illinois
Vermilion County
17183000500
Directly adjoining
Illinois
Vermilion County
17183000600
Directly adjoining
Illinois
Vermilion County
17183000700
Directly adjoining
Illinois
Vermilion County
17183000800
Directly adjoining
Illinois
Vermilion County
17183000900
Directly adjoining
Illinois
Vermilion County
17183001300
Directly adjoining
Illinois
Vermilion County
17183010100
Directly adjoining
Illinois
Vermilion County
17183010300
Generating unit retirement
Illinois
Vermilion County
17183010400
Directly adjoining
Illinois
Vermilion County
17183010500
Directly adjoining
Illinois
Vermilion County
17183010600
Directly adjoining
Illinois
Vermilion County
17183010701
Directly adjoining
Illinois
Vermilion County
17183010702
Directly adjoining
Illinois
Vermilion County
17183010800
Directly adjoining
Illinois
Vermilion County
17183010900
Mine closure, Directly adjoining
Illinois
Vermilion County
17183011000
Mine closure, Directly adjoining
Illinois
Vermilion County
17183011100
Directly adjoining
Illinois
Wabash County
17185957200
Mine closure, Directly adjoining
Illinois
Wabash County
17185957300
Directly adjoining
Illinois
Wabash County
17185957400
Directly adjoining
Illinois
Wabash County
17185957500
Directly adjoining
Illinois
Washington County
17189950100
Directly adjoining
Illinois
Washington County
17189950200
Directly adjoining
Illinois
Washington County
17189950300
Directly adjoining
Illinois
Washington County
17189950400
Mine closure, Directly adjoining
Illinois
Wayne County
17191954900
Directly adjoining
Illinois
White County
17193958000
Directly adjoining
Illinois
White County
17193958100
Directly adjoining
Illinois
White County
17193958200
Mine closure, Directly adjoining
Illinois
White County
17193958300
Directly adjoining
Illinois
White County
17193958400
Directly adjoining
Illinois
Will County
17197880202
Directly adjoining
Illinois
Will County
17197880203
Directly adjoining
Illinois
Will County
17197880426
Directly adjoining
Illinois
Will County
17197880428
Directly adjoining
Illinois
Will County
17197880502
Directly adjoining
Illinois
Will County
17197880503
Directly adjoining
Illinois
Will County
17197880508
Directly adjoining
Illinois
Will County
17197880509
Directly adjoining
Illinois
Will County
17197880510
Directly adjoining
Illinois
Will County
17197880511
Directly adjoining
Illinois
Will County
17197880602
Directly adjoining
Illinois
Will County
17197880901
Directly adjoining
Illinois
Will County
17197884101
Generating unit retirement
Illinois
Will County
17197884103
Directly adjoining
Illinois
Williamson County
17199020100
Mine closure, Directly adjoining
Illinois
Williamson County
17199020201
Directly adjoining
Illinois
Williamson County
17199020202
Directly adjoining
Illinois
Williamson County
17199020300
Directly adjoining
Illinois
Williamson County
17199020600
Directly adjoining
Illinois
Williamson County
17199020700
Directly adjoining
Illinois
Williamson County
17199020801
Mine closure, Directly adjoining
Illinois
Williamson County
17199020802
Mine closure, Directly adjoining
Illinois
Williamson County
17199020900
Directly adjoining
Illinois
Williamson County
17199021002
Directly adjoining
Illinois
Williamson County
17199021200
Directly adjoining
Illinois
Williamson County
17199021300
Directly adjoining
Illinois
Williamson County
17199021400
Mine closure, Generating unit retirement, Directly adjoining
Indiana
Cass County
18017950900
Directly adjoining
Indiana
Cass County
18017951200
Directly adjoining
Indiana
Cass County
18017951400
Directly adjoining
Indiana
Cass County
18017951500
Generating unit retirement
Indiana
Cass County
18017951600
Directly adjoining
Indiana
Cass County
18017951700
Directly adjoining
Indiana
Clay County
18021040300
Directly adjoining
Indiana
Clay County
18021040400
Directly adjoining
Indiana
Clay County
18021040500
Mine closure, Directly adjoining
Indiana
Clay County
18021040600
Mine closure, Directly adjoining
Indiana
Daviess County
18027954300
Directly adjoining
Indiana
Daviess County
18027954400
Mine closure, Directly adjoining
Indiana
Daviess County
18027954501
Directly adjoining
Indiana
Daviess County
18027954502
Mine closure, Directly adjoining
Indiana
Daviess County
18027954600
Directly adjoining
Indiana
Daviess County
18027954700
Directly adjoining
Indiana
Daviess County
18027954800
Directly adjoining
Indiana
Daviess County
18027954900
Directly adjoining
Indiana
Dearborn County
18029080301
Generating unit retirement
Indiana
Dearborn County
18029080302
Directly adjoining
Indiana
Dearborn County
18029080400
Directly adjoining
Indiana
Dearborn County
18029080500
Directly adjoining
Indiana
Dubois County
18037953200
Mine closure, Directly adjoining
Indiana
Dubois County
18037953301
Directly adjoining
Indiana
Dubois County
18037953302
Directly adjoining
Indiana
Dubois County
18037953400
Generating unit retirement, Directly adjoining
Indiana
Dubois County
18037953500
Directly adjoining
Indiana
Dubois County
18037953701
Mine closure, Directly adjoining
Indiana
Dubois County
18037953702
Directly adjoining
Indiana
Dubois County
18037953800
Directly adjoining
Indiana
Floyd County
18043070500
Directly adjoining
Indiana
Floyd County
18043070600
Generating unit retirement
Indiana
Floyd County
18043070700
Directly adjoining
Indiana
Floyd County
18043070801
Directly adjoining
Indiana
Floyd County
18043071104
Directly adjoining
Indiana
Floyd County
18043071200
Directly adjoining
Indiana
Gibson County
18051050100
Directly adjoining
Indiana
Gibson County
18051050201
Directly adjoining
Indiana
Gibson County
18051050202
Directly adjoining
Indiana
Gibson County
18051050300
Mine closure, Directly adjoining
Indiana
Gibson County
18051050401
Mine closure, Directly adjoining
Indiana
Gibson County
18051050402
Mine closure, Directly adjoining
Indiana
Gibson County
18051050501
Directly adjoining
Indiana
Gibson County
18051050502
Directly adjoining
Indiana
Greene County
18055954701
Directly adjoining
Indiana
Greene County
18055954702
Directly adjoining
Indiana
Greene County
18055954800
Directly adjoining
Indiana
Greene County
18055954900
Mine closure, Directly adjoining
Indiana
Greene County
18055955000
Directly adjoining
Indiana
Greene County
18055955100
Directly adjoining
Indiana
Greene County
18055955200
Directly adjoining
Indiana
Greene County
18055955300
Mine closure, Directly adjoining
Indiana
Greene County
18055955400
Directly adjoining
Indiana
Harrison County
18061060601
Directly adjoining
Indiana
Jasper County
18073100800
Generating unit retirement
Indiana
Jasper County
18073100901
Directly adjoining
Indiana
Jasper County
18073101000
Directly adjoining
Indiana
Jasper County
18073101200
Directly adjoining
Indiana
Knox County
18083955000
Directly adjoining
Indiana
Knox County
18083955100
Mine closure, Generating unit retirement, Directly adjoining
Indiana
Knox County
18083955201
Directly adjoining
Indiana
Knox County
18083955202
Directly adjoining
Indiana
Knox County
18083955700
Directly adjoining
Indiana
Knox County
18083955800
Mine closure, Directly adjoining
Indiana
Knox County
18083955900
Directly adjoining
Indiana
Lake County
18089010203
Directly adjoining
Indiana
Lake County
18089010302
Directly adjoining
Indiana
Lake County
18089010304
Generating unit retirement
Indiana
Lake County
18089011000
Directly adjoining
Indiana
Lake County
18089020100
Directly adjoining
Indiana
Lake County
18089020200
Directly adjoining
Indiana
Lake County
18089020300
Generating unit retirement
Indiana
Lake County
18089020400
Directly adjoining
Indiana
Lake County
18089021000
Directly adjoining
Indiana
Lake County
18089030100
Directly adjoining
Indiana
Lake County
18089030300
Directly adjoining
Indiana
Lake County
18089030400
Directly adjoining
Indiana
Lake County
18089030500
Directly adjoining
Indiana
Lake County
18089030700
Directly adjoining
Indiana
Lake County
18089030900
Directly adjoining
Indiana
Lake County
18089040100
Directly adjoining
Indiana
Lake County
18089990000
Directly adjoining
Indiana
LaPorte County
18091042900
Directly adjoining
Indiana
Martin County
18101950100
Directly adjoining
Indiana
Martin County
18101950200
Directly adjoining
Indiana
Martin County
18101950300
Directly adjoining
Indiana
Miami County
18103952100
Directly adjoining
Indiana
Miami County
18103952200
Directly adjoining
Indiana
Miami County
18103952300
Directly adjoining
Indiana
Miami County
18103952400
Generating unit retirement
Indiana
Miami County
18103952500
Directly adjoining
Indiana
Miami County
18103952700
Directly adjoining
Indiana
Montgomery County
18107956800
Directly adjoining
Indiana
Montgomery County
18107956900
Directly adjoining
Indiana
Montgomery County
18107957000
Generating unit retirement
Indiana
Montgomery County
18107957200
Directly adjoining
Indiana
Morgan County
18109510500
Directly adjoining
Indiana
Morgan County
18109510701
Directly adjoining
Indiana
Morgan County
18109510703
Generating unit retirement
Indiana
Morgan County
18109510704
Directly adjoining
Indiana
Morgan County
18109510800
Directly adjoining
Indiana
Morgan County
18109510900
Directly adjoining
Indiana
Morgan County
18109511001
Directly adjoining
Indiana
Owen County
18119955600
Directly adjoining
Indiana
Owen County
18119955701
Directly adjoining
Indiana
Owen County
18119955702
Mine closure, Directly adjoining
Indiana
Owen County
18119955900
Directly adjoining
Indiana
Parke County
18121030100
Directly adjoining
Indiana
Parke County
18121030200
Directly adjoining
Indiana
Parke County
18121030300
Directly adjoining
Indiana
Parke County
18121030401
Mine closure
Indiana
Parke County
18121030402
Directly adjoining
Indiana
Perry County
18123952300
Directly adjoining
Indiana
Perry County
18123952400
Directly adjoining
Indiana
Pike County
18125953900
Mine closure, Directly adjoining
Indiana
Pike County
18125954000
Directly adjoining
Indiana
Pike County
18125954100
Mine closure, Generating unit retirement, Directly adjoining
Indiana
Pike County
18125954200
Mine closure, Directly adjoining
Indiana
Porter County
18127050302
Directly adjoining
Indiana
Porter County
18127051102
Directly adjoining
Indiana
Porter County
18127980001
Directly adjoining
Indiana
Porter County
18127980002
Generating unit retirement
Indiana
Porter County
18127990000
Directly adjoining
Indiana
Posey County
18129040100
Directly adjoining
Indiana
Posey County
18129040200
Directly adjoining
Indiana
Posey County
18129040300
Directly adjoining
Indiana
Posey County
18129040400
Generating unit retirement, Directly adjoining
Indiana
Posey County
18129040500
Generating unit retirement, Directly adjoining
Indiana
Posey County
18129040600
Directly adjoining
Indiana
Posey County
18129040700
Directly adjoining
Indiana
Pulaski County
18131959100
Directly adjoining
Indiana
Pulaski County
18131959200
Directly adjoining
Indiana
Putnam County
18133956100
Directly adjoining
Indiana
Putnam County
18133956600
Directly adjoining
Indiana
Spencer County
18147952701
Directly adjoining
Indiana
Spencer County
18147952702
Mine closure, Directly adjoining
Indiana
Spencer County
18147952800
Directly adjoining
Indiana
Spencer County
18147952900
Directly adjoining
Indiana
Spencer County
18147953000
Directly adjoining
Indiana
Spencer County
18147953100
Directly adjoining
Indiana
Starke County
18149954200
Directly adjoining
Indiana
Sullivan County
18153050101
Mine closure, Directly adjoining
Indiana
Sullivan County
18153050102
Mine closure, Directly adjoining
Indiana
Sullivan County
18153050200
Directly adjoining
Indiana
Sullivan County
18153050301
Directly adjoining
Indiana
Sullivan County
18153050302
Directly adjoining
Indiana
Sullivan County
18153050400
Mine closure, Directly adjoining
Indiana
Sullivan County
18153050501
Directly adjoining
Indiana
Sullivan County
18153050502
Mine closure, Directly adjoining
Indiana
Vanderburgh County
18163010404
Directly adjoining
Indiana
Vanderburgh County
18163010406
Directly adjoining
Indiana
Vanderburgh County
18163010502
Directly adjoining
Indiana
Vanderburgh County
18163010701
Directly adjoining
Indiana
Vermillion County
18165020400
Directly adjoining
Indiana
Vigo County
18167000300
Directly adjoining
Indiana
Vigo County
18167000900
Directly adjoining
Indiana
Vigo County
18167001000
Directly adjoining
Indiana
Vigo County
18167010201
Directly adjoining
Indiana
Vigo County
18167010202
Directly adjoining
Indiana
Vigo County
18167010300
Mine closure, Generating unit retirement
Indiana
Vigo County
18167010400
Directly adjoining
Indiana
Vigo County
18167010601
Directly adjoining
Indiana
Vigo County
18167010602
Directly adjoining
Indiana
Vigo County
18167010702
Mine closure, Directly adjoining
Indiana
Vigo County
18167010703
Directly adjoining
Indiana
Vigo County
18167010704
Directly adjoining
Indiana
Vigo County
18167011000
Directly adjoining
Indiana
Vigo County
18167011202
Directly adjoining
Indiana
Warren County
18171951100
Directly adjoining
Indiana
Warrick County
18173030100
Mine closure, Directly adjoining
Indiana
Warrick County
18173030200
Mine closure, Directly adjoining
Indiana
Warrick County
18173030300
Directly adjoining
Indiana
Warrick County
18173030400
Directly adjoining
Indiana
Warrick County
18173030501
Mine closure, Directly adjoining
Indiana
Warrick County
18173030502
Mine closure, Directly adjoining
Indiana
Warrick County
18173030601
Directly adjoining
Indiana
Warrick County
18173030602
Directly adjoining
Indiana
Warrick County
18173030703
Mine closure
Indiana
Warrick County
18173030704
Directly adjoining
Indiana
Warrick County
18173030706
Directly adjoining
Indiana
Warrick County
18173030707
Directly adjoining
Indiana
Warrick County
18173030709
Directly adjoining
Indiana
Warrick County
18173030801
Directly adjoining
Iowa
Allamakee County
19005960100
Generating unit retirement, Directly adjoining
Iowa
Allamakee County
19005960200
Directly adjoining
Iowa
Allamakee County
19005960400
Directly adjoining
Iowa
Allamakee County
19005960500
Directly adjoining
Iowa
Cedar County
19031450400
Directly adjoining
Iowa
Cedar County
19031450500
Directly adjoining
Iowa
Clayton County
19043070400
Directly adjoining
Iowa
Clayton County
19043070500
Directly adjoining
Iowa
Dubuque County
19061000100
Generating unit retirement, Directly adjoining
Iowa
Dubuque County
19061000300
Directly adjoining
Iowa
Dubuque County
19061000400
Directly adjoining
Iowa
Dubuque County
19061000500
Directly adjoining
Iowa
Dubuque County
19061000600
Directly adjoining
Iowa
Dubuque County
19061000701
Directly adjoining
Iowa
Dubuque County
19061000702
Directly adjoining
Iowa
Dubuque County
19061000801
Directly adjoining
Iowa
Dubuque County
19061001104
Directly adjoining
Iowa
Dubuque County
19061010103
Generating unit retirement, Directly adjoining
Iowa
Dubuque County
19061010104
Directly adjoining
Iowa
Dubuque County
19061010600
Directly adjoining
Iowa
Linn County
19113000800
Directly adjoining
Iowa
Linn County
19113000902
Directly adjoining
Iowa
Linn County
19113001102
Directly adjoining
Iowa
Linn County
19113001200
Directly adjoining
Iowa
Linn County
19113001300
Generating unit retirement
Iowa
Linn County
19113001400
Directly adjoining
Iowa
Linn County
19113001800
Directly adjoining
Iowa
Linn County
19113001900
Directly adjoining
Iowa
Linn County
19113002900
Directly adjoining
Iowa
Linn County
19113003003
Directly adjoining
Iowa
Linn County
19113003004
Generating unit retirement
Iowa
Linn County
19113003005
Directly adjoining
Iowa
Linn County
19113010700
Directly adjoining
Iowa
Marion County
19125030101
Directly adjoining
Iowa
Marion County
19125030202
Directly adjoining
Iowa
Marion County
19125030300
Generating unit retirement
Iowa
Marshall County
19127950100
Directly adjoining
Iowa
Marshall County
19127950400
Directly adjoining
Iowa
Marshall County
19127950500
Directly adjoining
Iowa
Marshall County
19127950600
Directly adjoining
Iowa
Marshall County
19127950900
Generating unit retirement
Iowa
Marshall County
19127951000
Directly adjoining
Iowa
Mills County
19129040201
Directly adjoining
Iowa
Mills County
19129040202
Directly adjoining
Iowa
Monona County
19133960100
Directly adjoining
Iowa
Monona County
19133960200
Directly adjoining
Iowa
Muscatine County
19139050100
Generating unit retirement
Iowa
Muscatine County
19139050200
Directly adjoining
Iowa
Muscatine County
19139050700
Directly adjoining
Iowa
Pottawattamie County
19155021400
Directly adjoining
Iowa
Pottawattamie County
19155021602
Directly adjoining
Iowa
Pottawattamie County
19155031300
Directly adjoining
Iowa
Pottawattamie County
19155031400
Directly adjoining
Iowa
Pottawattamie County
19155031601
Directly adjoining
Iowa
Pottawattamie County
19155031602
Directly adjoining
Iowa
Pottawattamie County
19155031800
Directly adjoining
Iowa
Pottawattamie County
19155031900
Generating unit retirement
Iowa
Scott County
19163010103
Directly adjoining
Iowa
Scott County
19163010300
Directly adjoining
Iowa
Scott County
19163010401
Directly adjoining
Iowa
Scott County
19163013300
Directly adjoining
Iowa
Scott County
19163013400
Directly adjoining
Iowa
Scott County
19163013500
Directly adjoining
Iowa
Scott County
19163013702
Generating unit retirement, Directly adjoining
Iowa
Scott County
19163013705
Directly adjoining
Iowa
Scott County
19163013706
Directly adjoining
Iowa
Woodbury County
19193003100
Directly adjoining
Iowa
Woodbury County
19193003200
Directly adjoining
Iowa
Woodbury County
19193003301
Directly adjoining
Iowa
Woodbury County
19193003302
Directly adjoining
Iowa
Woodbury County
19193003500
Generating unit retirement
Iowa
Woodbury County
19193003600
Directly adjoining
Iowa
Woodbury County
19193940200
Directly adjoining
Iowa
Wright County
19197680200
Directly adjoining
Iowa
Wright County
19197680500
Generating unit retirement
Kansas
Allen County
20001952600
Directly adjoining
Kansas
Anderson County
20003953700
Directly adjoining
Kansas
Bourbon County
20011955600
Directly adjoining
Kansas
Bourbon County
20011955700
Mine closure
Kansas
Bourbon County
20011955800
Directly adjoining
Kansas
Bourbon County
20011955900
Directly adjoining
Kansas
Cherokee County
20021958100
Directly adjoining
Kansas
Cherokee County
20021958200
Directly adjoining
Kansas
Cherokee County
20021958300
Directly adjoining
Kansas
Cherokee County
20021958400
Generating unit retirement, Directly adjoining
Kansas
Cherokee County
20021958500
Directly adjoining
Kansas
Cherokee County
20021958600
Directly adjoining
Kansas
Crawford County
20037956600
Directly adjoining
Kansas
Crawford County
20037956700
Directly adjoining
Kansas
Crawford County
20037957601
Directly adjoining
Kansas
Douglas County
20045000100
Directly adjoining
Kansas
Douglas County
20045000501
Directly adjoining
Kansas
Douglas County
20045000603
Directly adjoining
Kansas
Douglas County
20045000604
Directly adjoining
Kansas
Douglas County
20045001400
Directly adjoining
Kansas
Douglas County
20045001500
Generating unit retirement, Directly adjoining
Kansas
Jefferson County
20087020101
Directly adjoining
Kansas
Jefferson County
20087020102
Directly adjoining
Kansas
Jefferson County
20087020300
Directly adjoining
Kansas
Labette County
20099950600
Directly adjoining
Kansas
Labette County
20099950800
Directly adjoining
Kansas
Linn County
20107955101
Directly adjoining
Kansas
Linn County
20107955102
Directly adjoining
Kansas
Linn County
20107955200
Mine closure, Directly adjoining
Kansas
Miami County
20121100400
Directly adjoining
Kansas
Neosho County
20133951600
Directly adjoining
Kansas
Shawnee County
20177000900
Directly adjoining
Kansas
Shawnee County
20177003002
Directly adjoining
Kansas
Shawnee County
20177003100
Directly adjoining
Kansas
Shawnee County
20177003901
Generating unit retirement, Directly adjoining
Kansas
Shawnee County
20177003902
Directly adjoining
Kentucky
Anderson County
21005950102
Directly adjoining
Kentucky
Ballard County
21007950100
Directly adjoining
Kentucky
Bell County
21013960100
Mine closure, Directly adjoining
Kentucky
Bell County
21013960200
Directly adjoining
Kentucky
Bell County
21013960300
Mine closure, Directly adjoining
Kentucky
Bell County
21013960400
Mine closure, Directly adjoining
Kentucky
Bell County
21013960500
Mine closure, Directly adjoining
Kentucky
Bell County
21013960600
Mine closure, Directly adjoining
Kentucky
Bell County
21013960700
Mine closure, Directly adjoining
Kentucky
Bell County
21013960800
Mine closure, Directly adjoining
Kentucky
Bell County
21013961100
Mine closure, Directly adjoining
Kentucky
Boone County
21015070403
Directly adjoining
Kentucky
Boone County
21015070405
Directly adjoining
Kentucky
Boone County
21015070502
Directly adjoining
Kentucky
Boyd County
21019030900
Directly adjoining
Kentucky
Boyd County
21019031001
Directly adjoining
Kentucky
Boyd County
21019031004
Directly adjoining
Kentucky
Boyd County
21019031101
Directly adjoining
Kentucky
Boyd County
21019031102
Directly adjoining
Kentucky
Boyd County
21019031200
Directly adjoining
Kentucky
Boyle County
21021930100
Directly adjoining
Kentucky
Bracken County
21023950200
Directly adjoining
Kentucky
Breathitt County
21025920200
Mine closure, Directly adjoining
Kentucky
Breathitt County
21025920301
Directly adjoining
Kentucky
Breathitt County
21025920302
Directly adjoining
Kentucky
Breathitt County
21025920500
Mine closure, Directly adjoining
Kentucky
Breathitt County
21025920600
Mine closure, Directly adjoining
Kentucky
Breathitt County
21025920700
Mine closure, Directly adjoining
Kentucky
Breathitt County
21025920800
Mine closure, Directly adjoining
Kentucky
Breckinridge County
21027960400
Directly adjoining
Kentucky
Butler County
21031930100
Mine closure, Directly adjoining
Kentucky
Butler County
21031930200
Directly adjoining
Kentucky
Butler County
21031930301
Directly adjoining
Kentucky
Butler County
21031930302
Directly adjoining
Kentucky
Butler County
21031930400
Directly adjoining
Kentucky
Butler County
21031930500
Mine closure, Directly adjoining
Kentucky
Caldwell County
21033920100
Directly adjoining
Kentucky
Caldwell County
21033920302
Directly adjoining
Kentucky
Campbell County
21037051901
Directly adjoining
Kentucky
Carter County
21043960200
Directly adjoining
Kentucky
Carter County
21043960300
Directly adjoining
Kentucky
Carter County
21043960400
Mine closure
Kentucky
Carter County
21043960500
Directly adjoining
Kentucky
Carter County
21043960601
Directly adjoining
Kentucky
Carter County
21043960602
Directly adjoining
Kentucky
Carter County
21043960700
Mine closure, Directly adjoining
Kentucky
Christian County
21047200902
Directly adjoining
Kentucky
Christian County
21047201000
Mine closure, Directly adjoining
Kentucky
Christian County
21047201100
Directly adjoining
Kentucky
Clark County
21049020103
Directly adjoining
Kentucky
Clark County
21049020105
Directly adjoining
Kentucky
Clark County
21049020400
Directly adjoining
Kentucky
Clark County
21049020500
Generating unit retirement
Kentucky
Clark County
21049020600
Directly adjoining
Kentucky
Clay County
21051950100
Mine closure, Directly adjoining
Kentucky
Clay County
21051950201
Mine closure, Directly adjoining
Kentucky
Clay County
21051950202
Mine closure, Directly adjoining
Kentucky
Clay County
21051950301
Mine closure, Directly adjoining
Kentucky
Clay County
21051950302
Mine closure, Directly adjoining
Kentucky
Clay County
21051950400
Mine closure, Directly adjoining
Kentucky
Clay County
21051950500
Mine closure, Directly adjoining
Kentucky
Clay County
21051950600
Mine closure, Directly adjoining
Kentucky
Crittenden County
21055930100
Directly adjoining
Kentucky
Daviess County
21059000100
Directly adjoining
Kentucky
Daviess County
21059000200
Directly adjoining
Kentucky
Daviess County
21059000401
Directly adjoining
Kentucky
Daviess County
21059000402
Directly adjoining
Kentucky
Daviess County
21059000600
Directly adjoining
Kentucky
Daviess County
21059001300
Mine closure, Directly adjoining
Kentucky
Daviess County
21059001401
Generating unit retirement
Kentucky
Daviess County
21059001402
Directly adjoining
Kentucky
Daviess County
21059001501
Directly adjoining
Kentucky
Daviess County
21059001502
Mine closure, Directly adjoining
Kentucky
Daviess County
21059001601
Directly adjoining
Kentucky
Daviess County
21059001602
Directly adjoining
Kentucky
Daviess County
21059001701
Directly adjoining
Kentucky
Daviess County
21059001703
Directly adjoining
Kentucky
Daviess County
21059001800
Mine closure, Directly adjoining
Kentucky
Elliott County
21063920101
Directly adjoining
Kentucky
Elliott County
21063920102
Mine closure, Directly adjoining
Kentucky
Elliott County
21063920200
Mine closure, Directly adjoining
Kentucky
Estill County
21065920100
Directly adjoining
Kentucky
Estill County
21065920400
Directly adjoining
Kentucky
Fayette County
21067003701
Directly adjoining
Kentucky
Fayette County
21067003918
Directly adjoining
Kentucky
Fayette County
21067004007
Directly adjoining
Kentucky
Floyd County
21071920100
Mine closure, Directly adjoining
Kentucky
Floyd County
21071920200
Mine closure, Directly adjoining
Kentucky
Floyd County
21071920301
Mine closure, Directly adjoining
Kentucky
Floyd County
21071920302
Mine closure, Directly adjoining
Kentucky
Floyd County
21071920401
Mine closure, Directly adjoining
Kentucky
Floyd County
21071920402
Mine closure, Directly adjoining
Kentucky
Floyd County
21071920500
Mine closure, Directly adjoining
Kentucky
Floyd County
21071920600
Mine closure, Directly adjoining
Kentucky
Floyd County
21071920700
Mine closure, Directly adjoining
Kentucky
Floyd County
21071920801
Mine closure, Directly adjoining
Kentucky
Floyd County
21071920802
Mine closure, Directly adjoining
Kentucky
Floyd County
21071920900
Mine closure, Directly adjoining
Kentucky
Floyd County
21071921001
Mine closure, Directly adjoining
Kentucky
Floyd County
21071921002
Mine closure, Directly adjoining
Kentucky
Franklin County
21073070703
Directly adjoining
Kentucky
Franklin County
21073071001
Directly adjoining
Kentucky
Garrard County
21079970101
Directly adjoining
Kentucky
Garrard County
21079970102
Directly adjoining
Kentucky
Grayson County
21085950600
Directly adjoining
Kentucky
Grayson County
21085950700
Directly adjoining
Kentucky
Greenup County
21089040100
Directly adjoining
Kentucky
Greenup County
21089040202
Directly adjoining
Kentucky
Greenup County
21089040300
Directly adjoining
Kentucky
Greenup County
21089040400
Mine closure, Directly adjoining
Kentucky
Greenup County
21089040502
Directly adjoining
Kentucky
Greenup County
21089040700
Directly adjoining
Kentucky
Hancock County
21091960100
Directly adjoining
Kentucky
Hancock County
21091960200
Generating unit retirement
Kentucky
Hancock County
21091960300
Directly adjoining
Kentucky
Harlan County
21095970100
Mine closure, Directly adjoining
Kentucky
Harlan County
21095970200
Mine closure, Directly adjoining
Kentucky
Harlan County
21095970300
Mine closure, Directly adjoining
Kentucky
Harlan County
21095970400
Mine closure, Directly adjoining
Kentucky
Harlan County
21095970500
Mine closure, Directly adjoining
Kentucky
Harlan County
21095970600
Mine closure, Directly adjoining
Kentucky
Harlan County
21095970700
Mine closure, Directly adjoining
Kentucky
Harlan County
21095970800
Directly adjoining
Kentucky
Harlan County
21095970900
Mine closure, Directly adjoining
Kentucky
Harlan County
21095971000
Mine closure, Directly adjoining
Kentucky
Harlan County
21095971300
Mine closure, Directly adjoining
Kentucky
Henderson County
21101020602
Directly adjoining
Kentucky
Henderson County
21101020701
Directly adjoining
Kentucky
Henderson County
21101020703
Directly adjoining
Kentucky
Henderson County
21101020704
Mine closure, Directly adjoining
Kentucky
Henderson County
21101020800
Mine closure, Directly adjoining
Kentucky
Henderson County
21101020901
Directly adjoining
Kentucky
Henderson County
21101020902
Directly adjoining
Kentucky
Hopkins County
21107970100
Mine closure, Directly adjoining
Kentucky
Hopkins County
21107970200
Mine closure, Directly adjoining
Kentucky
Hopkins County
21107970301
Directly adjoining
Kentucky
Hopkins County
21107970302
Directly adjoining
Kentucky
Hopkins County
21107970400
Directly adjoining
Kentucky
Hopkins County
21107970500
Mine closure, Directly adjoining
Kentucky
Hopkins County
21107970600
Mine closure, Directly adjoining
Kentucky
Hopkins County
21107970700
Mine closure, Directly adjoining
Kentucky
Hopkins County
21107970800
Directly adjoining
Kentucky
Hopkins County
21107970900
Directly adjoining
Kentucky
Hopkins County
21107971000
Directly adjoining
Kentucky
Hopkins County
21107971100
Directly adjoining
Kentucky
Hopkins County
21107971300
Mine closure, Directly adjoining
Kentucky
Jackson County
21109960101
Mine closure, Directly adjoining
Kentucky
Jackson County
21109960102
Mine closure, Directly adjoining
Kentucky
Jackson County
21109960200
Directly adjoining
Kentucky
Jackson County
21109960301
Mine closure, Directly adjoining
Kentucky
Jackson County
21109960302
Mine closure, Directly adjoining
Kentucky
Jefferson County
21111000400
Directly adjoining
Kentucky
Jefferson County
21111000800
Directly adjoining
Kentucky
Jefferson County
21111012103
Directly adjoining
Kentucky
Jefferson County
21111012407
Directly adjoining
Kentucky
Jefferson County
21111012409
Directly adjoining
Kentucky
Jefferson County
21111012412
Directly adjoining
Kentucky
Jefferson County
21111012413
Directly adjoining
Kentucky
Jefferson County
21111012503
Directly adjoining
Kentucky
Jefferson County
21111012702
Directly adjoining
Kentucky
Jefferson County
21111012703
Generating unit retirement
Kentucky
Jessamine County
21113060402
Directly adjoining
Kentucky
Johnson County
21115960100
Mine closure, Directly adjoining
Kentucky
Johnson County
21115960200
Mine closure, Directly adjoining
Kentucky
Johnson County
21115960300
Mine closure, Directly adjoining
Kentucky
Johnson County
21115960401
Mine closure, Directly adjoining
Kentucky
Johnson County
21115960402
Mine closure, Directly adjoining
Kentucky
Johnson County
21115960500
Mine closure, Directly adjoining
Kentucky
Johnson County
21115960600
Mine closure, Directly adjoining
Kentucky
Knott County
21119960100
Mine closure, Directly adjoining
Kentucky
Knott County
21119960200
Mine closure, Directly adjoining
Kentucky
Knott County
21119960300
Mine closure, Directly adjoining
Kentucky
Knott County
21119960400
Mine closure, Directly adjoining
Kentucky
Knott County
21119960500
Mine closure, Directly adjoining
Kentucky
Knox County
21121930100
Mine closure, Directly adjoining
Kentucky
Knox County
21121930200
Mine closure, Directly adjoining
Kentucky
Knox County
21121930300
Mine closure, Directly adjoining
Kentucky
Knox County
21121930401
Mine closure, Directly adjoining
Kentucky
Knox County
21121930402
Directly adjoining
Kentucky
Knox County
21121930501
Mine closure, Directly adjoining
Kentucky
Knox County
21121930502
Mine closure, Directly adjoining
Kentucky
Knox County
21121930602
Mine closure, Directly adjoining
Kentucky
Knox County
21121930603
Directly adjoining
Kentucky
Knox County
21121930604
Mine closure, Directly adjoining
Kentucky
Knox County
21121930700
Mine closure, Directly adjoining
Kentucky
Laurel County
21125970100
Mine closure, Directly adjoining
Kentucky
Laurel County
21125970201
Directly adjoining
Kentucky
Laurel County
21125970202
Directly adjoining
Kentucky
Laurel County
21125970300
Directly adjoining
Kentucky
Laurel County
21125970400
Directly adjoining
Kentucky
Laurel County
21125970500
Mine closure, Directly adjoining
Kentucky
Laurel County
21125970600
Directly adjoining
Kentucky
Laurel County
21125970700
Directly adjoining
Kentucky
Laurel County
21125970800
Directly adjoining
Kentucky
Laurel County
21125970900
Mine closure, Directly adjoining
Kentucky
Laurel County
21125971001
Directly adjoining
Kentucky
Laurel County
21125971003
Directly adjoining
Kentucky
Laurel County
21125971004
Directly adjoining
Kentucky
Laurel County
21125971101
Directly adjoining
Kentucky
Laurel County
21125971104
Directly adjoining
Kentucky
Lawrence County
21127930101
Generating unit retirement, Directly adjoining
Kentucky
Lawrence County
21127930102
Mine closure, Directly adjoining
Kentucky
Lawrence County
21127930200
Mine closure, Directly adjoining
Kentucky
Lawrence County
21127930300
Mine closure, Directly adjoining
Kentucky
Lawrence County
21127930400
Mine closure, Directly adjoining
Kentucky
Lawrence County
21127930500
Mine closure, Directly adjoining
Kentucky
Lee County
21129950100
Mine closure, Directly adjoining
Kentucky
Lee County
21129950200
Mine closure, Directly adjoining
Kentucky
Lee County
21129950300
Directly adjoining
Kentucky
Leslie County
21131920101
Mine closure, Directly adjoining
Kentucky
Leslie County
21131920102
Mine closure, Directly adjoining
Kentucky
Leslie County
21131920200
Mine closure, Directly adjoining
Kentucky
Leslie County
21131920300
Mine closure, Directly adjoining
Kentucky
Letcher County
21133950100
Mine closure, Directly adjoining
Kentucky
Letcher County
21133950201
Mine closure, Directly adjoining
Kentucky
Letcher County
21133950202
Mine closure, Directly adjoining
Kentucky
Letcher County
21133950300
Mine closure, Directly adjoining
Kentucky
Letcher County
21133950401
Mine closure, Directly adjoining
Kentucky
Letcher County
21133950403
Mine closure, Directly adjoining
Kentucky
Letcher County
21133950404
Mine closure, Directly adjoining
Kentucky
Letcher County
21133950500
Mine closure, Directly adjoining
Kentucky
Letcher County
21133950601
Mine closure, Directly adjoining
Kentucky
Letcher County
21133950602
Mine closure, Directly adjoining
Kentucky
Lewis County
21135930100
Directly adjoining
Kentucky
Lewis County
21135930300
Directly adjoining
Kentucky
Lewis County
21135930400
Directly adjoining
Kentucky
Logan County
21141960200
Directly adjoining
Kentucky
McCracken County
21145031401
Directly adjoining
Kentucky
McCracken County
21145031501
Generating unit retirement, Directly adjoining
Kentucky
McCracken County
21145031502
Directly adjoining
Kentucky
McCreary County
21147960100
Directly adjoining
Kentucky
McCreary County
21147960200
Directly adjoining
Kentucky
McCreary County
21147960301
Directly adjoining
Kentucky
McCreary County
21147960302
Directly adjoining
Kentucky
McCreary County
21147960401
Directly adjoining
Kentucky
McCreary County
21147960402
Mine closure, Directly adjoining
Kentucky
McLean County
21149970100
Directly adjoining
Kentucky
McLean County
21149970200
Mine closure, Directly adjoining
Kentucky
McLean County
21149970500
Mine closure, Directly adjoining
Kentucky
Madison County
21151010101
Directly adjoining
Kentucky
Madison County
21151010104
Directly adjoining
Kentucky
Magoffin County
21153970100
Mine closure, Directly adjoining
Kentucky
Magoffin County
21153970201
Directly adjoining
Kentucky
Magoffin County
21153970202
Mine closure, Directly adjoining
Kentucky
Magoffin County
21153970300
Mine closure, Directly adjoining
Kentucky
Magoffin County
21153970400
Mine closure, Directly adjoining
Kentucky
Martin County
21159950100
Mine closure, Directly adjoining
Kentucky
Martin County
21159950201
Mine closure, Directly adjoining
Kentucky
Martin County
21159950202
Mine closure, Directly adjoining
Kentucky
Martin County
21159950300
Mine closure, Directly adjoining
Kentucky
Mason County
21161960100
Directly adjoining
Kentucky
Menifee County
21165960100
Directly adjoining
Kentucky
Mercer County
21167960100
Directly adjoining
Kentucky
Mercer County
21167960400
Directly adjoining
Kentucky
Mercer County
21167960500
Generating unit retirement
Kentucky
Morgan County
21175950100
Mine closure, Directly adjoining
Kentucky
Morgan County
21175950200
Directly adjoining
Kentucky
Morgan County
21175950300
Directly adjoining
Kentucky
Morgan County
21175950400
Mine closure, Directly adjoining
Kentucky
Morgan County
21175950500
Directly adjoining
Kentucky
Muhlenberg County
21177960100
Mine closure, Directly adjoining
Kentucky
Muhlenberg County
21177960201
Directly adjoining
Kentucky
Muhlenberg County
21177960202
Generating unit retirement, Directly adjoining
Kentucky
Muhlenberg County
21177960300
Mine closure, Directly adjoining
Kentucky
Muhlenberg County
21177960400
Mine closure, Directly adjoining
Kentucky
Muhlenberg County
21177960500
Directly adjoining
Kentucky
Muhlenberg County
21177960600
Mine closure, Directly adjoining
Kentucky
Muhlenberg County
21177960700
Generating unit retirement, Directly adjoining
Kentucky
Muhlenberg County
21177960800
Directly adjoining
Kentucky
Muhlenberg County
21177960900
Directly adjoining
Kentucky
Ohio County
21183920100
Mine closure, Directly adjoining
Kentucky
Ohio County
21183920200
Mine closure, Directly adjoining
Kentucky
Ohio County
21183920300
Directly adjoining
Kentucky
Ohio County
21183920400
Directly adjoining
Kentucky
Ohio County
21183920501
Directly adjoining
Kentucky
Ohio County
21183920502
Mine closure, Directly adjoining
Kentucky
Ohio County
21183920600
Mine closure, Directly adjoining
Kentucky
Ohio County
21183920700
Mine closure, Directly adjoining
Kentucky
Owsley County
21189930100
Mine closure, Directly adjoining
Kentucky
Owsley County
21189930200
Mine closure, Directly adjoining
Kentucky
Pendleton County
21191930101
Directly adjoining
Kentucky
Perry County
21193970300
Mine closure, Directly adjoining
Kentucky
Perry County
21193970400
Mine closure, Directly adjoining
Kentucky
Perry County
21193970501
Mine closure, Directly adjoining
Kentucky
Perry County
21193970502
Directly adjoining
Kentucky
Perry County
21193970601
Mine closure, Directly adjoining
Kentucky
Perry County
21193970602
Directly adjoining
Kentucky
Perry County
21193970700
Mine closure, Directly adjoining
Kentucky
Perry County
21193970800
Mine closure, Directly adjoining
Kentucky
Perry County
21193970900
Mine closure, Directly adjoining
Kentucky
Perry County
21193971000
Mine closure, Directly adjoining
Kentucky
Pike County
21195930100
Mine closure, Directly adjoining
Kentucky
Pike County
21195930201
Mine closure, Directly adjoining
Kentucky
Pike County
21195930202
Mine closure, Directly adjoining
Kentucky
Pike County
21195930301
Mine closure, Directly adjoining
Kentucky
Pike County
21195930302
Directly adjoining
Kentucky
Pike County
21195930400
Mine closure, Directly adjoining
Kentucky
Pike County
21195930500
Mine closure, Directly adjoining
Kentucky
Pike County
21195930600
Mine closure, Directly adjoining
Kentucky
Pike County
21195930700
Mine closure, Directly adjoining
Kentucky
Pike County
21195930800
Mine closure, Directly adjoining
Kentucky
Pike County
21195930900
Mine closure, Directly adjoining
Kentucky
Pike County
21195931000
Mine closure, Directly adjoining
Kentucky
Pike County
21195931101
Mine closure, Directly adjoining
Kentucky
Pike County
21195931102
Mine closure, Directly adjoining
Kentucky
Pike County
21195931200
Mine closure, Directly adjoining
Kentucky
Pike County
21195931300
Mine closure, Directly adjoining
Kentucky
Pike County
21195931400
Mine closure, Directly adjoining
Kentucky
Pike County
21195931500
Mine closure, Directly adjoining
Kentucky
Pike County
21195931600
Mine closure, Directly adjoining
Kentucky
Pike County
21195931700
Mine closure, Directly adjoining
Kentucky
Pike County
21195931800
Mine closure, Directly adjoining
Kentucky
Pike County
21195931900
Mine closure, Directly adjoining
Kentucky
Powell County
21197970101
Directly adjoining
Kentucky
Pulaski County
21199930102
Directly adjoining
Kentucky
Pulaski County
21199930404
Directly adjoining
Kentucky
Pulaski County
21199930802
Directly adjoining
Kentucky
Pulaski County
21199930900
Mine closure
Kentucky
Pulaski County
21199931000
Directly adjoining
Kentucky
Pulaski County
21199931101
Directly adjoining
Kentucky
Pulaski County
21199931103
Mine closure
Kentucky
Pulaski County
21199931104
Directly adjoining
Kentucky
Rockcastle County
21203950300
Directly adjoining
Kentucky
Rockcastle County
21203950400
Directly adjoining
Kentucky
Rowan County
21205950400
Directly adjoining
Kentucky
Trigg County
21221970100
Directly adjoining
Kentucky
Union County
21225950100
Mine closure, Directly adjoining
Kentucky
Union County
21225950201
Mine closure, Directly adjoining
Kentucky
Union County
21225950202
Mine closure, Directly adjoining
Kentucky
Union County
21225950300
Mine closure, Directly adjoining
Kentucky
Wayne County
21231920702
Directly adjoining
Kentucky
Webster County
21233960100
Mine closure, Generating unit retirement, Directly adjoining
Kentucky
Webster County
21233960200
Directly adjoining
Kentucky
Webster County
21233960300
Mine closure, Directly adjoining
Kentucky
Webster County
21233960400
Mine closure, Directly adjoining
Kentucky
Whitley County
21235920100
Directly adjoining
Kentucky
Whitley County
21235920200
Mine closure, Directly adjoining
Kentucky
Whitley County
21235920301
Directly adjoining
Kentucky
Whitley County
21235920302
Mine closure, Directly adjoining
Kentucky
Whitley County
21235920401
Directly adjoining
Kentucky
Whitley County
21235920402
Directly adjoining
Kentucky
Whitley County
21235920501
Mine closure, Directly adjoining
Kentucky
Whitley County
21235920502
Mine closure, Directly adjoining
Kentucky
Whitley County
21235920601
Directly adjoining
Kentucky
Whitley County
21235920602
Mine closure, Directly adjoining
Kentucky
Whitley County
21235920700
Mine closure, Directly adjoining
Kentucky
Whitley County
21235920800
Mine closure, Directly adjoining
Kentucky
Wolfe County
21237930100
Mine closure, Directly adjoining
Kentucky
Wolfe County
21237930200
Directly adjoining
Kentucky
Woodford County
21239050103
Directly adjoining
Kentucky
Woodford County
21239050104
Directly adjoining
Kentucky
Woodford County
21239050107
Directly adjoining
Kentucky
Woodford County
21239050200
Directly adjoining
Kentucky
Woodford County
21239050300
Generating unit retirement
Kentucky
Woodford County
21239050400
Directly adjoining
Louisiana
Bienville Parish
22013970300
Directly adjoining
Louisiana
Bienville Parish
22013970400
Directly adjoining
Louisiana
Bossier Parish
22015011002
Directly adjoining
Louisiana
Caddo Parish
22017024002
Directly adjoining
Louisiana
De Soto Parish
22031950101
Directly adjoining
Louisiana
De Soto Parish
22031950102
Directly adjoining
Louisiana
De Soto Parish
22031950200
Directly adjoining
Louisiana
De Soto Parish
22031950300
Mine closure, Generating unit retirement, Directly adjoining
Louisiana
De Soto Parish
22031950400
Directly adjoining
Louisiana
De Soto Parish
22031950600
Directly adjoining
Louisiana
De Soto Parish
22031950700
Directly adjoining
Louisiana
Natchitoches Parish
22069000100
Directly adjoining
Louisiana
Natchitoches Parish
22069000200
Directly adjoining
Louisiana
Natchitoches Parish
22069000300
Directly adjoining
Louisiana
Red River Parish
22081960100
Mine closure, Directly adjoining
Louisiana
Red River Parish
22081960300
Directly adjoining
Maryland
Allegany County
24001001401
Directly adjoining
Maryland
Allegany County
24001001502
Directly adjoining
Maryland
Allegany County
24001001503
Directly adjoining
Maryland
Allegany County
24001001600
Directly adjoining
Maryland
Allegany County
24001001700
Directly adjoining
Maryland
Allegany County
24001001800
Mine closure, Directly adjoining
Maryland
Allegany County
24001001900
Mine closure, Directly adjoining
Maryland
Allegany County
24001002000
Directly adjoining
Maryland
Allegany County
24001002100
Mine closure, Directly adjoining
Maryland
Allegany County
24001002200
Mine closure, Generating unit retirement, Directly adjoining
Maryland
Anne Arundel County
24003730101
Directly adjoining
Maryland
Anne Arundel County
24003730102
Generating unit retirement
Maryland
Anne Arundel County
24003730204
Directly adjoining
Maryland
Anne Arundel County
24003730206
Directly adjoining
Maryland
Anne Arundel County
24003731308
Directly adjoining
Maryland
Anne Arundel County
24003731309
Directly adjoining
Maryland
Anne Arundel County
24003751102
Directly adjoining
Maryland
Anne Arundel County
24003751103
Directly adjoining
Maryland
Anne Arundel County
24003990000
Directly adjoining
Maryland
Baltimore County
24005451801
Directly adjoining
Maryland
Baltimore County
24005451802
Directly adjoining
Maryland
Baltimore County
24005451803
Generating unit retirement
Maryland
Calvert County
24009860200
Directly adjoining
Maryland
Calvert County
24009860600
Directly adjoining
Maryland
Calvert County
24009860701
Directly adjoining
Maryland
Charles County
24017850201
Generating unit retirement
Maryland
Charles County
24017850202
Directly adjoining
Maryland
Charles County
24017850300
Directly adjoining
Maryland
Charles County
24017850400
Directly adjoining
Maryland
Charles County
24017850802
Directly adjoining
Maryland
Charles County
24017851100
Directly adjoining
Maryland
Charles County
24017851200
Generating unit retirement
Maryland
Charles County
24017851301
Directly adjoining
Maryland
Charles County
24017851401
Directly adjoining
Maryland
Charles County
24017851402
Directly adjoining
Maryland
Charles County
24017851403
Directly adjoining
Maryland
Charles County
24017990000
Directly adjoining
Maryland
Frederick County
24021752201
Directly adjoining
Maryland
Frederick County
24021752302
Directly adjoining
Maryland
Garrett County
24023000100
Directly adjoining
Maryland
Garrett County
24023000200
Directly adjoining
Maryland
Garrett County
24023000300
Mine closure, Directly adjoining
Maryland
Garrett County
24023000400
Mine closure, Directly adjoining
Maryland
Garrett County
24023000501
Directly adjoining
Maryland
Garrett County
24023000502
Directly adjoining
Maryland
Garrett County
24023000601
Mine closure, Directly adjoining
Maryland
Garrett County
24023000602
Directly adjoining
Maryland
Garrett County
24023000700
Mine closure, Directly adjoining
Maryland
Montgomery County
24031700400
Directly adjoining
Maryland
Montgomery County
24031700500
Generating unit retirement
Maryland
Montgomery County
24031700604
Directly adjoining
Maryland
Montgomery County
24031700611
Directly adjoining
Maryland
Prince George's County
24033800800
Directly adjoining
Maryland
Prince George's County
24033800900
Generating unit retirement
Maryland
Prince George's County
24033801003
Directly adjoining
Maryland
St. Mary's County
24037875202
Directly adjoining
Maryland
St. Mary's County
24037875300
Directly adjoining
Maryland
Washington County
24043001001
Directly adjoining
Maryland
Washington County
24043001002
Directly adjoining
Maryland
Washington County
24043010802
Generating unit retirement
Maryland
Washington County
24043010803
Directly adjoining
Maryland
Washington County
24043010901
Directly adjoining
Maryland
Washington County
24043010902
Directly adjoining
Maryland
Washington County
24043011700
Directly adjoining
Maryland
Baltimore city
24510250500
Directly adjoining
Massachusetts
Bristol County
25005640300
Directly adjoining
Massachusetts
Bristol County
25005640400
Directly adjoining
Massachusetts
Bristol County
25005640500
Directly adjoining
Massachusetts
Bristol County
25005641000
Directly adjoining
Massachusetts
Bristol County
25005642000
Directly adjoining
Massachusetts
Bristol County
25005642100
Directly adjoining
Massachusetts
Bristol County
25005644101
Directly adjoining
Massachusetts
Bristol County
25005644200
Generating unit retirement
Massachusetts
Bristol County
25005645101
Directly adjoining
Massachusetts
Bristol County
25005645102
Directly adjoining
Massachusetts
Essex County
25009203200
Directly adjoining
Massachusetts
Essex County
25009203301
Directly adjoining
Massachusetts
Essex County
25009203302
Directly adjoining
Massachusetts
Essex County
25009204300
Directly adjoining
Massachusetts
Essex County
25009204400
Generating unit retirement
Massachusetts
Essex County
25009204500
Directly adjoining
Massachusetts
Essex County
25009217402
Directly adjoining
Massachusetts
Essex County
25009217500
Directly adjoining
Massachusetts
Essex County
25009217602
Directly adjoining
Massachusetts
Essex County
25009990100
Directly adjoining
Massachusetts
Hampden County
25013811700
Directly adjoining
Massachusetts
Hampden County
25013811800
Directly adjoining
Massachusetts
Hampden County
25013811900
Generating unit retirement
Massachusetts
Hampden County
25013812001
Directly adjoining
Massachusetts
Hampden County
25013812002
Directly adjoining
Massachusetts
Hampden County
25013812101
Directly adjoining
Massachusetts
Hampshire County
25015821101
Directly adjoining
Massachusetts
Hampshire County
25015821300
Directly adjoining
Massachusetts
Hampshire County
25015821400
Directly adjoining
Massachusetts
Hampshire County
25015822300
Directly adjoining
Massachusetts
Hampshire County
25015822401
Directly adjoining
Michigan
Bay County
26017285100
Directly adjoining
Michigan
Bay County
26017285201
Directly adjoining
Michigan
Bay County
26017285202
Generating unit retirement
Michigan
Bay County
26017285900
Directly adjoining
Michigan
Bay County
26017990000
Directly adjoining
Michigan
Branch County
26023950100
Directly adjoining
Michigan
Branch County
26023950800
Directly adjoining
Michigan
Calhoun County
26025003000
Directly adjoining
Michigan
Calhoun County
26025003100
Directly adjoining
Michigan
Delta County
26041970400
Directly adjoining
Michigan
Delta County
26041970500
Directly adjoining
Michigan
Delta County
26041970700
Directly adjoining
Michigan
Delta County
26041970800
Directly adjoining
Michigan
Delta County
26041970900
Generating unit retirement
Michigan
Delta County
26041971000
Directly adjoining
Michigan
Delta County
26041971100
Directly adjoining
Michigan
Delta County
26041990000
Directly adjoining
Michigan
Eaton County
26045020102
Directly adjoining
Michigan
Eaton County
26045020103
Directly adjoining
Michigan
Eaton County
26045020201
Directly adjoining
Michigan
Eaton County
26045020202
Directly adjoining
Michigan
Eaton County
26045020302
Directly adjoining
Michigan
Eaton County
26045020303
Generating unit retirement
Michigan
Eaton County
26045020305
Directly adjoining
Michigan
Eaton County
26045020306
Directly adjoining
Michigan
Eaton County
26045021401
Directly adjoining
Michigan
Hillsdale County
26059050200
Directly adjoining
Michigan
Hillsdale County
26059050300
Generating unit retirement
Michigan
Hillsdale County
26059050400
Directly adjoining
Michigan
Hillsdale County
26059050500
Directly adjoining
Michigan
Huron County
26063950200
Directly adjoining
Michigan
Huron County
26063950900
Directly adjoining
Michigan
Huron County
26063951200
Generating unit retirement
Michigan
Huron County
26063990000
Directly adjoining
Michigan
Ingham County
26065000400
Directly adjoining
Michigan
Ingham County
26065001703
Directly adjoining
Michigan
Ingham County
26065002000
Directly adjoining
Michigan
Ingham County
26065003400
Directly adjoining
Michigan
Ingham County
26065003500
Directly adjoining
Michigan
Ingham County
26065006700
Directly adjoining
Michigan
Ingham County
26065006800
Directly adjoining
Michigan
Ingham County
26065007000
Directly adjoining
Michigan
Ingham County
26065980200
Generating unit retirement
Michigan
Jackson County
26075006403
Directly adjoining
Michigan
Marquette County
26103000200
Directly adjoining
Michigan
Marquette County
26103000300
Directly adjoining
Michigan
Marquette County
26103000500
Directly adjoining
Michigan
Marquette County
26103000600
Generating unit retirement
Michigan
Marquette County
26103000700
Directly adjoining
Michigan
Marquette County
26103001100
Directly adjoining
Michigan
Marquette County
26103001300
Directly adjoining
Michigan
Marquette County
26103002801
Directly adjoining
Michigan
Marquette County
26103002802
Generating unit retirement
Michigan
Marquette County
26103002901
Directly adjoining
Michigan
Marquette County
26103990000
Directly adjoining
Michigan
Menominee County
26109960500
Directly adjoining
Michigan
Menominee County
26109960600
Directly adjoining
Michigan
Menominee County
26109960700
Generating unit retirement
Michigan
Menominee County
26109990000
Directly adjoining
Michigan
Monroe County
26115832600
Directly adjoining
Michigan
Monroe County
26115833600
Directly adjoining
Michigan
Monroe County
26115833700
Generating unit retirement
Michigan
Monroe County
26115990000
Directly adjoining
Michigan
Muskegon County
26121000900
Directly adjoining
Michigan
Muskegon County
26121001000
Generating unit retirement
Michigan
Muskegon County
26121001500
Directly adjoining
Michigan
Muskegon County
26121001600
Directly adjoining
Michigan
Muskegon County
26121001700
Directly adjoining
Michigan
Muskegon County
26121001800
Generating unit retirement
Michigan
Muskegon County
26121001901
Directly adjoining
Michigan
Muskegon County
26121002300
Directly adjoining
Michigan
Muskegon County
26121003200
Directly adjoining
Michigan
Muskegon County
26121003300
Directly adjoining
Michigan
Muskegon County
26121003400
Directly adjoining
Michigan
Muskegon County
26121004200
Directly adjoining
Michigan
Muskegon County
26121990000
Directly adjoining
Michigan
Ontonagon County
26131970100
Directly adjoining
Michigan
Ontonagon County
26131970200
Generating unit retirement
Michigan
Ontonagon County
26131970300
Directly adjoining
Michigan
Ontonagon County
26131990100
Directly adjoining
Michigan
Ottawa County
26139020600
Directly adjoining
Michigan
Ottawa County
26139020900
Generating unit retirement
Michigan
Ottawa County
26139021000
Directly adjoining
Michigan
Ottawa County
26139021100
Directly adjoining
Michigan
Ottawa County
26139021203
Directly adjoining
Michigan
Ottawa County
26139024901
Directly adjoining
Michigan
Ottawa County
26139024902
Generating unit retirement
Michigan
Ottawa County
26139025101
Directly adjoining
Michigan
St. Clair County
26147620000
Directly adjoining
Michigan
St. Clair County
26147637100
Directly adjoining
Michigan
St. Clair County
26147637200
Directly adjoining
Michigan
St. Clair County
26147637300
Generating unit retirement
Michigan
St. Clair County
26147640100
Directly adjoining
Michigan
St. Clair County
26147640200
Directly adjoining
Michigan
St. Clair County
26147641000
Directly adjoining
Michigan
St. Clair County
26147642000
Directly adjoining
Michigan
St. Clair County
26147643000
Generating unit retirement
Michigan
St. Clair County
26147644000
Directly adjoining
Michigan
Sanilac County
26151970100
Directly adjoining
Michigan
Sanilac County
26151970200
Directly adjoining
Michigan
Sanilac County
26151990000
Directly adjoining
Michigan
Tuscola County
26157000300
Directly adjoining
Michigan
Tuscola County
26157990000
Directly adjoining
Michigan
Wayne County
26163524600
Directly adjoining
Michigan
Wayne County
26163579100
Directly adjoining
Michigan
Wayne County
26163579200
Directly adjoining
Michigan
Wayne County
26163594401
Directly adjoining
Michigan
Wayne County
26163596100
Directly adjoining
Michigan
Wayne County
26163596300
Directly adjoining
Michigan
Wayne County
26163597000
Directly adjoining
Michigan
Wayne County
26163982301
Generating unit retirement
Michigan
Wayne County
26163982302
Directly adjoining
Michigan
Wayne County
26163984100
Directly adjoining
Michigan
Wayne County
26163985600
Generating unit retirement
Michigan
Wayne County
26163987000
Directly adjoining
Minnesota
Benton County
27009020202
Directly adjoining
Minnesota
Benton County
27009020205
Directly adjoining
Minnesota
Benton County
27009020206
Generating unit retirement
Minnesota
Benton County
27009020300
Directly adjoining
Minnesota
Benton County
27009021103
Directly adjoining
Minnesota
Benton County
27009021104
Directly adjoining
Minnesota
Cass County
27021960100
Directly adjoining
Minnesota
Cook County
27031480101
Directly adjoining
Minnesota
Cook County
27031480102
Generating unit retirement
Minnesota
Cook County
27031480200
Directly adjoining
Minnesota
Cook County
27031990000
Directly adjoining
Minnesota
Crow Wing County
27035950901
Directly adjoining
Minnesota
Crow Wing County
27035951000
Directly adjoining
Minnesota
Crow Wing County
27035951100
Directly adjoining
Minnesota
Crow Wing County
27035951200
Generating unit retirement
Minnesota
Crow Wing County
27035951301
Directly adjoining
Minnesota
Crow Wing County
27035951303
Directly adjoining
Minnesota
Crow Wing County
27035951304
Directly adjoining
Minnesota
Dakota County
27037060710
Directly adjoining
Minnesota
Dakota County
27037060711
Directly adjoining
Minnesota
Dakota County
27037060714
Directly adjoining
Minnesota
Dakota County
27037060721
Directly adjoining
Minnesota
Dakota County
27037060725
Directly adjoining
Minnesota
Dakota County
27037060737
Directly adjoining
Minnesota
Dakota County
27037060738
Directly adjoining
Minnesota
Dakota County
27037060747
Directly adjoining
Minnesota
Dakota County
27037060748
Generating unit retirement
Minnesota
Hennepin County
27053025100
Directly adjoining
Minnesota
Hennepin County
27053025301
Directly adjoining
Minnesota
Hennepin County
27053025801
Directly adjoining
Minnesota
Houston County
27055020200
Directly adjoining
Minnesota
Houston County
27055020900
Directly adjoining
Minnesota
Itasca County
27061480301
Directly adjoining
Minnesota
Itasca County
27061480302
Directly adjoining
Minnesota
Itasca County
27061480701
Directly adjoining
Minnesota
Itasca County
27061480702
Generating unit retirement
Minnesota
Itasca County
27061480801
Directly adjoining
Minnesota
Itasca County
27061480804
Directly adjoining
Minnesota
Itasca County
27061480805
Directly adjoining
Minnesota
Itasca County
27061480902
Directly adjoining
Minnesota
Itasca County
27061940000
Directly adjoining
Minnesota
Lake County
27075370101
Directly adjoining
Minnesota
Olmsted County
27109000100
Directly adjoining
Minnesota
Olmsted County
27109000200
Directly adjoining
Minnesota
Olmsted County
27109000500
Directly adjoining
Minnesota
Olmsted County
27109000600
Generating unit retirement
Minnesota
Olmsted County
27109001301
Directly adjoining
Minnesota
Olmsted County
27109001401
Directly adjoining
Minnesota
Olmsted County
27109001502
Directly adjoining
Minnesota
Olmsted County
27109001503
Directly adjoining
Minnesota
Olmsted County
27109001601
Directly adjoining
Minnesota
Olmsted County
27109002300
Directly adjoining
Minnesota
Otter Tail County
27111960800
Directly adjoining
Minnesota
Otter Tail County
27111960900
Directly adjoining
Minnesota
Otter Tail County
27111961000
Directly adjoining
Minnesota
Otter Tail County
27111961100
Generating unit retirement
Minnesota
Otter Tail County
27111961700
Directly adjoining
Minnesota
Sherburne County
27141030201
Directly adjoining
Minnesota
Sherburne County
27141030202
Directly adjoining
Minnesota
Sherburne County
27141030302
Directly adjoining
Minnesota
Sherburne County
27141030406
Directly adjoining
Minnesota
Sherburne County
27141030407
Generating unit retirement
Minnesota
Sherburne County
27141030408
Directly adjoining
Minnesota
Sherburne County
27141030410
Directly adjoining
Minnesota
Stearns County
27145010101
Directly adjoining
Minnesota
Stearns County
27145010103
Directly adjoining
Minnesota
Wabasha County
27157490100
Directly adjoining
Minnesota
Wabasha County
27157490200
Directly adjoining
Minnesota
Wright County
27171100203
Directly adjoining
Minnesota
Wright County
27171100205
Directly adjoining
Minnesota
Wright County
27171100300
Directly adjoining
Mississippi
DeSoto County
28033070101
Directly adjoining
Mississippi
Forrest County
28035000800
Directly adjoining
Mississippi
Forrest County
28035010601
Directly adjoining
Mississippi
Kemper County
28069030100
Directly adjoining
Mississippi
Kemper County
28069030200
Mine closure
Mississippi
Lamar County
28073020203
Directly adjoining
Mississippi
Lamar County
28073020204
Directly adjoining
Mississippi
Lamar County
28073020206
Directly adjoining
Mississippi
Lamar County
28073020303
Generating unit retirement
Mississippi
Lamar County
28073020304
Directly adjoining
Mississippi
Lamar County
28073020305
Directly adjoining
Mississippi
Lamar County
28073020402
Directly adjoining
Mississippi
Lauderdale County
28075010205
Directly adjoining
Mississippi
Lauderdale County
28075010301
Directly adjoining
Mississippi
Lauderdale County
28075010304
Directly adjoining
Mississippi
Monroe County
28095950101
Directly adjoining
Mississippi
Monroe County
28095950501
Directly adjoining
Mississippi
Monroe County
28095950502
Directly adjoining
Mississippi
Neshoba County
28099010101
Directly adjoining
Mississippi
Neshoba County
28099010102
Directly adjoining
Mississippi
Neshoba County
28099010600
Directly adjoining
Mississippi
Newton County
28101050100
Directly adjoining
Mississippi
Noxubee County
28103950100
Directly adjoining
Mississippi
Noxubee County
28103950200
Directly adjoining
Mississippi
Winston County
28159950500
Directly adjoining
Missouri
Barton County
29011960200
Directly adjoining
Missouri
Bates County
29013070100
Directly adjoining
Missouri
Bates County
29013070200
Mine closure, Directly adjoining
Missouri
Bates County
29013070300
Directly adjoining
Missouri
Bates County
29013070400
Directly adjoining
Missouri
Benton County
29015460702
Directly adjoining
Missouri
Boone County
29019000200
Directly adjoining
Missouri
Boone County
29019000700
Directly adjoining
Missouri
Boone County
29019000900
Generating unit retirement
Missouri
Boone County
29019001001
Directly adjoining
Missouri
Boone County
29019001402
Directly adjoining
Missouri
Boone County
29019001507
Directly adjoining
Missouri
Boone County
29019002100
Directly adjoining
Missouri
Callaway County
29027070200
Directly adjoining
Missouri
Callaway County
29027070602
Directly adjoining
Missouri
Callaway County
29027070701
Directly adjoining
Missouri
Cass County
29037061100
Directly adjoining
Missouri
Christian County
29043020202
Directly adjoining
Missouri
Christian County
29043020207
Directly adjoining
Missouri
Christian County
29043020307
Directly adjoining
Missouri
Clay County
29047021401
Directly adjoining
Missouri
Clay County
29047021403
Directly adjoining
Missouri
Clay County
29047021601
Directly adjoining
Missouri
Clay County
29047021602
Generating unit retirement, Directly adjoining
Missouri
Clay County
29047021701
Directly adjoining
Missouri
Clay County
29047021704
Directly adjoining
Missouri
Clay County
29047021811
Directly adjoining
Missouri
Clay County
29047022301
Directly adjoining
Missouri
Cole County
29051020198
Directly adjoining
Missouri
Gasconade County
29073960200
Directly adjoining
Missouri
Greene County
29077003801
Directly adjoining
Missouri
Greene County
29077004002
Directly adjoining
Missouri
Greene County
29077004003
Generating unit retirement
Missouri
Greene County
29077004004
Directly adjoining
Missouri
Greene County
29077004005
Directly adjoining
Missouri
Greene County
29077004108
Directly adjoining
Missouri
Greene County
29077004109
Directly adjoining
Missouri
Henry County
29083950200
Directly adjoining
Missouri
Henry County
29083950300
Directly adjoining
Missouri
Henry County
29083950400
Generating unit retirement
Missouri
Henry County
29083950500
Directly adjoining
Missouri
Henry County
29083950600
Directly adjoining
Missouri
Jackson County
29095014902
Directly adjoining
Missouri
Jackson County
29095014903
Directly adjoining
Missouri
Jackson County
29095015000
Generating unit retirement, Directly adjoining
Missouri
Jackson County
29095015100
Directly adjoining
Missouri
Jackson County
29095017700
Directly adjoining
Missouri
Jasper County
29097011202
Directly adjoining
Missouri
Jasper County
29097011301
Directly adjoining
Missouri
Jasper County
29097011302
Directly adjoining
Missouri
Jasper County
29097011502
Directly adjoining
Missouri
Jasper County
29097012201
Generating unit retirement, Directly adjoining
Missouri
Jasper County
29097012202
Directly adjoining
Missouri
Jefferson County
29099700111
Directly adjoining
Missouri
Jefferson County
29099700115
Directly adjoining
Missouri
Lafayette County
29107090100
Directly adjoining
Missouri
Montgomery County
29139970300
Directly adjoining
Missouri
Newton County
29145020601
Directly adjoining
Missouri
Osage County
29151490100
Generating unit retirement
Missouri
Osage County
29151490200
Directly adjoining
Missouri
Osage County
29151490300
Directly adjoining
Missouri
Phelps County
29161890401
Generating unit retirement
Missouri
Phelps County
29161890402
Directly adjoining
Missouri
Phelps County
29161890500
Directly adjoining
Missouri
Phelps County
29161890700
Directly adjoining
Missouri
Phelps County
29161890800
Directly adjoining
Missouri
Pike County
29163460100
Directly adjoining
Missouri
Pike County
29163460200
Generating unit retirement
Missouri
Pike County
29163460300
Directly adjoining
Missouri
Pike County
29163460400
Directly adjoining
Missouri
Pike County
29163460500
Directly adjoining
Missouri
Ralls County
29173470100
Directly adjoining
Missouri
Ralls County
29173470200
Directly adjoining
Missouri
Ray County
29177080300
Directly adjoining
Missouri
St. Charles County
29183310100
Directly adjoining
Missouri
St. Clair County
29185480100
Directly adjoining
Missouri
St. Clair County
29185480300
Directly adjoining
Missouri
St. Louis County
29189220445
Directly adjoining
Missouri
St. Louis County
29189220446
Directly adjoining
Missouri
St. Louis County
29189220451
Directly adjoining
Missouri
St. Louis County
29189220452
Generating unit retirement
Missouri
Saline County
29195090200
Directly adjoining
Missouri
Saline County
29195090300
Generating unit retirement
Missouri
Saline County
29195090400
Directly adjoining
Missouri
Saline County
29195090500
Directly adjoining
Missouri
Saline County
29195090600
Directly adjoining
Missouri
Vernon County
29217950200
Directly adjoining
Missouri
Vernon County
29217950500
Directly adjoining
Montana
Big Horn County
30003000100
Directly adjoining
Montana
Big Horn County
30003940400
Directly adjoining
Montana
Big Horn County
30003940500
Directly adjoining
Montana
Big Horn County
30003940700
Directly adjoining
Montana
Custer County
30017961300
Directly adjoining
Montana
Fergus County
30027030100
Directly adjoining
Montana
Golden Valley County
30037000100
Directly adjoining
Montana
Musselshell County
30065000100
Mine closure
Montana
Musselshell County
30065000200
Directly adjoining
Montana
Petroleum County
30069000100
Directly adjoining
Montana
Powder River County
30075000100
Directly adjoining
Montana
Richland County
30083070100
Directly adjoining
Montana
Richland County
30083070200
Directly adjoining
Montana
Richland County
30083070301
Directly adjoining
Montana
Richland County
30083070302
Directly adjoining
Montana
Richland County
30083070400
Generating unit retirement
Montana
Rosebud County
30087000100
Directly adjoining
Montana
Rosebud County
30087000200
Mine closure, Generating unit retirement
Montana
Rosebud County
30087000300
Directly adjoining
Montana
Rosebud County
30087940400
Directly adjoining
Montana
Treasure County
30103963500
Directly adjoining
Montana
Yellowstone County
30111000200
Directly adjoining
Montana
Yellowstone County
30111000300
Generating unit retirement
Montana
Yellowstone County
30111000401
Directly adjoining
Montana
Yellowstone County
30111000402
Directly adjoining
Montana
Yellowstone County
30111000800
Directly adjoining
Montana
Yellowstone County
30111000901
Directly adjoining
Montana
Yellowstone County
30111000902
Directly adjoining
Montana
Yellowstone County
30111001000
Directly adjoining
Montana
Yellowstone County
30111001402
Directly adjoining
Montana
Yellowstone County
30111001502
Directly adjoining
Montana
Yellowstone County
30111940001
Directly adjoining
Nebraska
Dakota County
31043010400
Directly adjoining
Nebraska
Douglas County
31055000200
Generating unit retirement
Nebraska
Douglas County
31055000300
Directly adjoining
Nebraska
Douglas County
31055000400
Directly adjoining
Nebraska
Douglas County
31055006202
Directly adjoining
Nebraska
Douglas County
31055007303
Directly adjoining
Nebraska
Douglas County
31055007304
Directly adjoining
Nebraska
Sarpy County
31153010103
Directly adjoining
Nebraska
Thurston County
31173940200
Directly adjoining
Nevada
Clark County
32003003314
Directly adjoining
Nevada
Clark County
32003003316
Directly adjoining
Nevada
Clark County
32003003649
Directly adjoining
Nevada
Clark County
32003003657
Directly adjoining
Nevada
Clark County
32003005613
Directly adjoining
Nevada
Clark County
32003005702
Generating unit retirement
Nevada
Clark County
32003005704
Directly adjoining
Nevada
Clark County
32003005705
Directly adjoining
Nevada
Clark County
32003005818
Directly adjoining
Nevada
Clark County
32003005902
Generating unit retirement
Nevada
Clark County
32003005904
Directly adjoining
Nevada
Clark County
32003007500
Directly adjoining
Nevada
Clark County
32003007600
Directly adjoining
Nevada
Clark County
32003007802
Directly adjoining
Nevada
Lincoln County
32017950200
Directly adjoining
Nevada
Nye County
32023960411
Directly adjoining
Nevada
Nye County
32023980500
Directly adjoining
New Jersey
Atlantic County
34001011600
Directly adjoining
New Jersey
Atlantic County
34001011804
Directly adjoining
New Jersey
Atlantic County
34001012702
Directly adjoining
New Jersey
Atlantic County
34001012802
Directly adjoining
New Jersey
Burlington County
34005701502
Directly adjoining
New Jersey
Burlington County
34005701700
Directly adjoining
New Jersey
Burlington County
34005704202
Directly adjoining
New Jersey
Cape May County
34009020203
Directly adjoining
New Jersey
Cape May County
34009020205
Directly adjoining
New Jersey
Cape May County
34009020206
Directly adjoining
New Jersey
Cape May County
34009020301
Generating unit retirement
New Jersey
Cape May County
34009020302
Directly adjoining
New Jersey
Cape May County
34009020400
Directly adjoining
New Jersey
Gloucester County
34015500500
Directly adjoining
New Jersey
Gloucester County
34015500602
Directly adjoining
New Jersey
Gloucester County
34015502201
Directly adjoining
New Jersey
Gloucester County
34015502202
Directly adjoining
New Jersey
Gloucester County
34015502204
Directly adjoining
New Jersey
Gloucester County
34015502400
Generating unit retirement
New Jersey
Mercer County
34021000100
Directly adjoining
New Jersey
Mercer County
34021000200
Directly adjoining
New Jersey
Mercer County
34021000300
Directly adjoining
New Jersey
Mercer County
34021002500
Generating unit retirement
New Jersey
Mercer County
34021002601
Directly adjoining
New Jersey
Mercer County
34021002602
Directly adjoining
New Jersey
Mercer County
34021003003
Directly adjoining
New Jersey
Mercer County
34021003004
Directly adjoining
New Jersey
Salem County
34033020100
Directly adjoining
New Jersey
Salem County
34033020300
Directly adjoining
New Jersey
Salem County
34033020400
Directly adjoining
New Jersey
Salem County
34033020500
Directly adjoining
New Jersey
Salem County
34033020600
Generating unit retirement
New Jersey
Salem County
34033020700
Directly adjoining
New Jersey
Salem County
34033021300
Directly adjoining
New Jersey
Salem County
34033021400
Directly adjoining
New Jersey
Salem County
34033021500
Directly adjoining
New Jersey
Warren County
34041031200
Directly adjoining
New Jersey
Warren County
34041031601
Directly adjoining
New Jersey
Warren County
34041031700
Directly adjoining
New Mexico
Catron County
35003976401
Directly adjoining
New Mexico
Catron County
35003976402
Mine closure
New Mexico
Cibola County
35006974701
Directly adjoining
New Mexico
Cibola County
35006974702
Directly adjoining
New Mexico
Colfax County
35007950500
Directly adjoining
New Mexico
Colfax County
35007950600
Mine closure, Generating unit retirement, Directly adjoining
New Mexico
Colfax County
35007950700
Directly adjoining
New Mexico
Grant County
35017964100
Directly adjoining
New Mexico
McKinley County
35031943500
Directly adjoining
New Mexico
McKinley County
35031943602
Directly adjoining
New Mexico
McKinley County
35031944000
Directly adjoining
New Mexico
McKinley County
35031946001
Directly adjoining
New Mexico
McKinley County
35031946002
Directly adjoining
New Mexico
McKinley County
35031946003
Generating unit retirement
New Mexico
San Juan County
35045000202
Directly adjoining
New Mexico
San Juan County
35045000401
Directly adjoining
New Mexico
San Juan County
35045000402
Directly adjoining
New Mexico
San Juan County
35045000503
Directly adjoining
New Mexico
San Juan County
35045000504
Mine closure, Generating unit retirement, Directly adjoining
New Mexico
San Juan County
35045000506
Directly adjoining
New Mexico
San Juan County
35045000507
Directly adjoining
New Mexico
San Juan County
35045000611
Directly adjoining
New Mexico
San Juan County
35045000613
Directly adjoining
New Mexico
San Juan County
35045942801
Directly adjoining
New Mexico
San Juan County
35045942802
Directly adjoining
New Mexico
San Juan County
35045942900
Directly adjoining
New Mexico
San Juan County
35045943000
Generating unit retirement, Directly adjoining
New Mexico
San Juan County
35045943100
Directly adjoining
New Mexico
San Juan County
35045943201
Directly adjoining
New Mexico
San Juan County
35045943300
Mine closure, Directly adjoining
New Mexico
Sierra County
35051962402
Directly adjoining
New Mexico
Socorro County
35053940000
Directly adjoining
New Mexico
Socorro County
35053978200
Directly adjoining
New York
Broome County
36007012900
Directly adjoining
New York
Broome County
36007013000
Generating unit retirement
New York
Broome County
36007013100
Directly adjoining
New York
Broome County
36007013201
Directly adjoining
New York
Broome County
36007013202
Directly adjoining
New York
Broome County
36007013304
Directly adjoining
New York
Broome County
36007013900
Directly adjoining
New York
Broome County
36007014100
Directly adjoining
New York
Broome County
36007014200
Directly adjoining
New York
Broome County
36007014301
Directly adjoining
New York
Cayuga County
36011040900
Directly adjoining
New York
Cayuga County
36011041001
Directly adjoining
New York
Chautauqua County
36013035500
Directly adjoining
New York
Chautauqua County
36013035600
Generating unit retirement
New York
Chautauqua County
36013035700
Directly adjoining
New York
Chautauqua County
36013036000
Directly adjoining
New York
Chautauqua County
36013990000
Directly adjoining
New York
Erie County
36029005600
Directly adjoining
New York
Erie County
36029005801
Directly adjoining
New York
Erie County
36029005802
Directly adjoining
New York
Erie County
36029005900
Directly adjoining
New York
Erie County
36029007304
Directly adjoining
New York
Erie County
36029007306
Directly adjoining
New York
Erie County
36029008202
Directly adjoining
New York
Erie County
36029008300
Directly adjoining
New York
Erie County
36029008400
Generating unit retirement
New York
Erie County
36029008800
Directly adjoining
New York
Niagara County
36063024101
Directly adjoining
New York
Niagara County
36063024102
Generating unit retirement
New York
Niagara County
36063024201
Directly adjoining
New York
Niagara County
36063024202
Directly adjoining
New York
Niagara County
36063990000
Directly adjoining
New York
Onondaga County
36067000100
Directly adjoining
New York
Onondaga County
36067002000
Directly adjoining
New York
Onondaga County
36067011500
Directly adjoining
New York
Onondaga County
36067011800
Directly adjoining
New York
Onondaga County
36067011900
Directly adjoining
New York
Onondaga County
36067012100
Directly adjoining
New York
Onondaga County
36067012700
Directly adjoining
New York
Onondaga County
36067012800
Generating unit retirement
New York
Onondaga County
36067012900
Directly adjoining
New York
Onondaga County
36067013400
Directly adjoining
New York
Onondaga County
36067013701
Directly adjoining
New York
Orleans County
36073040200
Directly adjoining
New York
Orleans County
36073401200
Directly adjoining
New York
Orleans County
36073990000
Directly adjoining
New York
Seneca County
36099951000
Directly adjoining
New York
Tompkins County
36109001500
Directly adjoining
New York
Tompkins County
36109001600
Directly adjoining
New York
Tompkins County
36109002100
Directly adjoining
New York
Tompkins County
36109002200
Directly adjoining
New York
Tompkins County
36109002300
Generating unit retirement
North Carolina
Bladen County
37017950200
Directly adjoining
North Carolina
Bladen County
37017950301
Directly adjoining
North Carolina
Bladen County
37017950401
Generating unit retirement
North Carolina
Bladen County
37017950402
Directly adjoining
North Carolina
Brunswick County
37019020101
Directly adjoining
North Carolina
Brunswick County
37019020108
Directly adjoining
North Carolina
Brunswick County
37019020205
Directly adjoining
North Carolina
Buncombe County
37021002203
Generating unit retirement
North Carolina
Buncombe County
37021002204
Directly adjoining
North Carolina
Buncombe County
37021002205
Directly adjoining
North Carolina
Buncombe County
37021002303
Directly adjoining
North Carolina
Chatham County
37037020104
Directly adjoining
North Carolina
Chatham County
37037020600
Directly adjoining
North Carolina
Chatham County
37037020702
Generating unit retirement
North Carolina
Chatham County
37037020703
Directly adjoining
North Carolina
Chatham County
37037020704
Directly adjoining
North Carolina
Chatham County
37037020803
Directly adjoining
North Carolina
Cleveland County
37045951501
Directly adjoining
North Carolina
Cleveland County
37045951502
Generating unit retirement
North Carolina
Cleveland County
37045951503
Directly adjoining
North Carolina
Cleveland County
37045951601
Directly adjoining
North Carolina
Davidson County
37057061704
Directly adjoining
North Carolina
Davidson County
37057061807
Directly adjoining
North Carolina
Davidson County
37057062001
Directly adjoining
North Carolina
Edgecombe County
37065020400
Directly adjoining
North Carolina
Edgecombe County
37065020600
Generating unit retirement
North Carolina
Edgecombe County
37065020700
Directly adjoining
North Carolina
Edgecombe County
37065021100
Directly adjoining
North Carolina
Edgecombe County
37065021300
Directly adjoining
North Carolina
Gaston County
37071030103
Directly adjoining
North Carolina
Gaston County
37071030104
Generating unit retirement
North Carolina
Gaston County
37071030106
Directly adjoining
North Carolina
Gaston County
37071032405
Directly adjoining
North Carolina
Gaston County
37071032406
Generating unit retirement
North Carolina
Gaston County
37071032510
Directly adjoining
North Carolina
Granville County
37077970101
Directly adjoining
North Carolina
Halifax County
37083930100
Generating unit retirement
North Carolina
Halifax County
37083930200
Directly adjoining
North Carolina
Halifax County
37083930400
Directly adjoining
North Carolina
Halifax County
37083930600
Directly adjoining
North Carolina
Halifax County
37083931000
Directly adjoining
North Carolina
Harnett County
37085071002
Directly adjoining
North Carolina
Henderson County
37089930600
Directly adjoining
North Carolina
Henderson County
37089930701
Directly adjoining
North Carolina
Lee County
37105030702
Directly adjoining
North Carolina
Lee County
37105030703
Directly adjoining
North Carolina
Lee County
37105030704
Directly adjoining
North Carolina
Lincoln County
37109071102
Directly adjoining
North Carolina
Mecklenburg County
37119005908
Directly adjoining
North Carolina
Mecklenburg County
37119005919
Directly adjoining
North Carolina
Mecklenburg County
37119005920
Directly adjoining
North Carolina
Mecklenburg County
37119005922
Directly adjoining
North Carolina
Mecklenburg County
37119006014
Directly adjoining
North Carolina
Mecklenburg County
37119006103
Directly adjoining
North Carolina
Mecklenburg County
37119006222
Directly adjoining
North Carolina
Nash County
37127010400
Directly adjoining
North Carolina
Nash County
37127010603
Directly adjoining
North Carolina
Nash County
37127010604
Directly adjoining
North Carolina
Nash County
37127010700
Directly adjoining
North Carolina
New Hanover County
37129010900
Directly adjoining
North Carolina
New Hanover County
37129011300
Directly adjoining
North Carolina
New Hanover County
37129011400
Directly adjoining
North Carolina
New Hanover County
37129011503
Generating unit retirement
North Carolina
New Hanover County
37129011504
Directly adjoining
North Carolina
Northampton County
37131920301
Directly adjoining
North Carolina
Northampton County
37131920401
Directly adjoining
North Carolina
Pender County
37141920502
Directly adjoining
North Carolina
Pender County
37141920602
Directly adjoining
North Carolina
Robeson County
37155960802
Directly adjoining
North Carolina
Robeson County
37155961000
Directly adjoining
North Carolina
Robeson County
37155961100
Generating unit retirement
North Carolina
Robeson County
37155961200
Directly adjoining
North Carolina
Robeson County
37155961302
Directly adjoining
North Carolina
Robeson County
37155961500
Directly adjoining
North Carolina
Rockingham County
37157040101
Directly adjoining
North Carolina
Rockingham County
37157040200
Generating unit retirement
North Carolina
Rockingham County
37157040300
Directly adjoining
North Carolina
Rockingham County
37157040400
Directly adjoining
North Carolina
Rockingham County
37157041100
Directly adjoining
North Carolina
Rowan County
37159050800
Directly adjoining
North Carolina
Rowan County
37159050901
Generating unit retirement
North Carolina
Rowan County
37159050903
Directly adjoining
North Carolina
Rowan County
37159050904
Directly adjoining
North Carolina
Rutherford County
37161961102
Directly adjoining
North Carolina
Rutherford County
37161961103
Directly adjoining
North Carolina
Vance County
37181960100
Directly adjoining
North Carolina
Vance County
37181960200
Directly adjoining
North Carolina
Wake County
37183053209
Directly adjoining
North Carolina
Wake County
37183053410
Directly adjoining
North Carolina
Wake County
37183053411
Directly adjoining
North Carolina
Wake County
37183053426
Directly adjoining
North Carolina
Wake County
37183053427
Directly adjoining
North Carolina
Wake County
37183053428
Directly adjoining
North Carolina
Warren County
37185950101
Directly adjoining
North Carolina
Warren County
37185950201
Directly adjoining
North Carolina
Warren County
37185950202
Directly adjoining
North Carolina
Wayne County
37191000601
Directly adjoining
North Carolina
Wayne County
37191000901
Generating unit retirement
North Carolina
Wayne County
37191000902
Directly adjoining
North Carolina
Wayne County
37191001000
Directly adjoining
North Carolina
Wayne County
37191001103
Directly adjoining
North Carolina
Wayne County
37191001500
Directly adjoining
North Carolina
Wayne County
37191002000
Directly adjoining
North Dakota
Burleigh County
38015011103
Directly adjoining
North Dakota
Burleigh County
38015011105
Directly adjoining
North Dakota
Cavalier County
38019951100
Directly adjoining
North Dakota
Dunn County
38025962200
Directly adjoining
North Dakota
McKenzie County
38053962500
Directly adjoining
North Dakota
McLean County
38055940100
Directly adjoining
North Dakota
McLean County
38055960800
Directly adjoining
North Dakota
McLean County
38055961001
Directly adjoining
North Dakota
Mercer County
38057961600
Directly adjoining
North Dakota
Mercer County
38057961700
Directly adjoining
North Dakota
Mercer County
38057961800
Generating unit retirement
North Dakota
Morton County
38059020100
Directly adjoining
North Dakota
Morton County
38059020200
Generating unit retirement
North Dakota
Morton County
38059020301
Directly adjoining
North Dakota
Morton County
38059020303
Directly adjoining
North Dakota
Morton County
38059020400
Directly adjoining
North Dakota
Morton County
38059020500
Directly adjoining
North Dakota
Oliver County
38065961200
Directly adjoining
North Dakota
Pembina County
38067950100
Directly adjoining
North Dakota
Pembina County
38067950200
Generating unit retirement
North Dakota
Pembina County
38067950600
Directly adjoining
North Dakota
Stark County
38089963300
Directly adjoining
Ohio
Adams County
39001770302
Directly adjoining
Ohio
Adams County
39001770400
Directly adjoining
Ohio
Adams County
39001770500
Directly adjoining
Ohio
Adams County
39001770600
Generating unit retirement
Ohio
Ashtabula County
39007000200
Directly adjoining
Ohio
Ashtabula County
39007000300
Generating unit retirement
Ohio
Ashtabula County
39007000400
Directly adjoining
Ohio
Ashtabula County
39007000500
Directly adjoining
Ohio
Ashtabula County
39007000704
Directly adjoining
Ohio
Ashtabula County
39007001201
Directly adjoining
Ohio
Ashtabula County
39007990000
Directly adjoining
Ohio
Athens County
39009972600
Mine closure, Directly adjoining
Ohio
Athens County
39009972700
Directly adjoining
Ohio
Athens County
39009973400
Directly adjoining
Ohio
Athens County
39009973500
Mine closure, Directly adjoining
Ohio
Athens County
39009973600
Directly adjoining
Ohio
Athens County
39009973700
Directly adjoining
Ohio
Belmont County
39013010100
Directly adjoining
Ohio
Belmont County
39013010300
Directly adjoining
Ohio
Belmont County
39013010600
Mine closure, Directly adjoining
Ohio
Belmont County
39013010700
Mine closure, Directly adjoining
Ohio
Belmont County
39013010802
Directly adjoining
Ohio
Belmont County
39013010901
Directly adjoining
Ohio
Belmont County
39013010902
Mine closure, Directly adjoining
Ohio
Belmont County
39013011000
Mine closure, Directly adjoining
Ohio
Belmont County
39013011200
Generating unit retirement, Directly adjoining
Ohio
Belmont County
39013011300
Directly adjoining
Ohio
Belmont County
39013011400
Directly adjoining
Ohio
Belmont County
39013012201
Mine closure, Directly adjoining
Ohio
Belmont County
39013012202
Mine closure, Directly adjoining
Ohio
Belmont County
39013012300
Mine closure, Directly adjoining
Ohio
Belmont County
39013012400
Directly adjoining
Ohio
Brown County
39015951600
Directly adjoining
Ohio
Butler County
39017001001
Directly adjoining
Ohio
Butler County
39017001002
Directly adjoining
Ohio
Butler County
39017001100
Directly adjoining
Ohio
Butler County
39017010301
Directly adjoining
Ohio
Butler County
39017010302
Directly adjoining
Ohio
Butler County
39017010500
Directly adjoining
Ohio
Butler County
39017010600
Generating unit retirement
Ohio
Butler County
39017011005
Directly adjoining
Ohio
Butler County
39017011006
Directly adjoining
Ohio
Butler County
39017012100
Directly adjoining
Ohio
Butler County
39017012200
Generating unit retirement
Ohio
Butler County
39017012300
Directly adjoining
Ohio
Butler County
39017012400
Directly adjoining
Ohio
Butler County
39017012700
Directly adjoining
Ohio
Butler County
39017013000
Directly adjoining
Ohio
Butler County
39017014300
Directly adjoining
Ohio
Butler County
39017014400
Directly adjoining
Ohio
Butler County
39017014600
Directly adjoining
Ohio
Butler County
39017014700
Generating unit retirement
Ohio
Butler County
39017015000
Directly adjoining
Ohio
Butler County
39017015100
Directly adjoining
Ohio
Carroll County
39019720100
Directly adjoining
Ohio
Carroll County
39019720200
Directly adjoining
Ohio
Carroll County
39019720300
Mine closure, Directly adjoining
Ohio
Carroll County
39019720400
Mine closure, Directly adjoining
Ohio
Carroll County
39019720500
Mine closure, Directly adjoining
Ohio
Carroll County
39019720600
Mine closure, Directly adjoining
Ohio
Carroll County
39019720700
Directly adjoining
Ohio
Clermont County
39025041201
Directly adjoining
Ohio
Clermont County
39025041503
Directly adjoining
Ohio
Clermont County
39025041504
Directly adjoining
Ohio
Clermont County
39025041505
Directly adjoining
Ohio
Clermont County
39025041506
Generating unit retirement
Ohio
Clermont County
39025041600
Directly adjoining
Ohio
Clermont County
39025041702
Directly adjoining
Ohio
Clermont County
39025041900
Directly adjoining
Ohio
Clermont County
39025042001
Directly adjoining
Ohio
Clermont County
39025042002
Generating unit retirement
Ohio
Columbiana County
39029950100
Mine closure, Directly adjoining
Ohio
Columbiana County
39029950200
Directly adjoining
Ohio
Columbiana County
39029950300
Directly adjoining
Ohio
Columbiana County
39029950400
Directly adjoining
Ohio
Columbiana County
39029950900
Directly adjoining
Ohio
Columbiana County
39029951000
Directly adjoining
Ohio
Columbiana County
39029951100
Mine closure, Directly adjoining
Ohio
Columbiana County
39029951200
Mine closure, Directly adjoining
Ohio
Columbiana County
39029951300
Mine closure, Directly adjoining
Ohio
Columbiana County
39029951401
Directly adjoining
Ohio
Columbiana County
39029951402
Mine closure, Directly adjoining
Ohio
Columbiana County
39029951500
Mine closure, Directly adjoining
Ohio
Columbiana County
39029951600
Mine closure, Directly adjoining
Ohio
Columbiana County
39029951700
Mine closure, Directly adjoining
Ohio
Columbiana County
39029951800
Directly adjoining
Ohio
Columbiana County
39029951900
Directly adjoining
Ohio
Columbiana County
39029952000
Directly adjoining
Ohio
Columbiana County
39029952400
Directly adjoining
Ohio
Coshocton County
39031960900
Mine closure, Directly adjoining
Ohio
Coshocton County
39031961000
Directly adjoining
Ohio
Coshocton County
39031961100
Directly adjoining
Ohio
Coshocton County
39031961200
Mine closure, Generating unit retirement, Directly adjoining
Ohio
Coshocton County
39031961300
Mine closure, Directly adjoining
Ohio
Coshocton County
39031961400
Directly adjoining
Ohio
Coshocton County
39031961500
Directly adjoining
Ohio
Coshocton County
39031961600
Directly adjoining
Ohio
Coshocton County
39031961700
Directly adjoining
Ohio
Coshocton County
39031961800
Directly adjoining
Ohio
Cuyahoga County
39035108301
Directly adjoining
Ohio
Cuyahoga County
39035111202
Generating unit retirement
Ohio
Cuyahoga County
39035111401
Directly adjoining
Ohio
Cuyahoga County
39035111700
Directly adjoining
Ohio
Cuyahoga County
39035112100
Directly adjoining
Ohio
Cuyahoga County
39035192800
Directly adjoining
Ohio
Cuyahoga County
39035198900
Directly adjoining
Ohio
Cuyahoga County
39035199000
Directly adjoining
Ohio
Cuyahoga County
39035990000
Directly adjoining
Ohio
Franklin County
39049009590
Directly adjoining
Ohio
Franklin County
39049009753
Directly adjoining
Ohio
Franklin County
39049010300
Directly adjoining
Ohio
Gallia County
39053953500
Directly adjoining
Ohio
Gallia County
39053953600
Mine closure
Ohio
Gallia County
39053953700
Directly adjoining
Ohio
Gallia County
39053953901
Directly adjoining
Ohio
Gallia County
39053954100
Directly adjoining
Ohio
Guernsey County
39059977100
Mine closure, Directly adjoining
Ohio
Guernsey County
39059977200
Directly adjoining
Ohio
Guernsey County
39059977300
Directly adjoining
Ohio
Guernsey County
39059977600
Directly adjoining
Ohio
Guernsey County
39059977700
Directly adjoining
Ohio
Guernsey County
39059977800
Directly adjoining
Ohio
Guernsey County
39059977900
Mine closure, Directly adjoining
Ohio
Guernsey County
39059978000
Mine closure, Directly adjoining
Ohio
Hamilton County
39061020401
Directly adjoining
Ohio
Hamilton County
39061020403
Generating unit retirement
Ohio
Hamilton County
39061020404
Directly adjoining
Ohio
Hamilton County
39061020501
Directly adjoining
Ohio
Hamilton County
39061020603
Directly adjoining
Ohio
Hamilton County
39061021101
Directly adjoining
Ohio
Hamilton County
39061021102
Directly adjoining
Ohio
Hamilton County
39061026002
Directly adjoining
Ohio
Hamilton County
39061026200
Directly adjoining
Ohio
Hamilton County
39061027500
Directly adjoining
Ohio
Harrison County
39067975600
Mine closure, Directly adjoining
Ohio
Harrison County
39067975700
Directly adjoining
Ohio
Harrison County
39067975800
Mine closure, Directly adjoining
Ohio
Harrison County
39067975900
Mine closure, Directly adjoining
Ohio
Harrison County
39067976000
Mine closure, Directly adjoining
Ohio
Hocking County
39073965500
Directly adjoining
Ohio
Holmes County
39075976301
Directly adjoining
Ohio
Holmes County
39075976302
Mine closure, Directly adjoining
Ohio
Holmes County
39075976403
Directly adjoining
Ohio
Holmes County
39075976600
Directly adjoining
Ohio
Holmes County
39075976700
Directly adjoining
Ohio
Holmes County
39075976801
Directly adjoining
Ohio
Holmes County
39075976802
Mine closure
Ohio
Jackson County
39079957700
Directly adjoining
Ohio
Jackson County
39079957800
Directly adjoining
Ohio
Jefferson County
39081000200
Directly adjoining
Ohio
Jefferson County
39081001200
Directly adjoining
Ohio
Jefferson County
39081001300
Directly adjoining
Ohio
Jefferson County
39081001400
Directly adjoining
Ohio
Jefferson County
39081011000
Generating unit retirement, Directly adjoining
Ohio
Jefferson County
39081011100
Mine closure, Directly adjoining
Ohio
Jefferson County
39081011401
Directly adjoining
Ohio
Jefferson County
39081011402
Mine closure, Directly adjoining
Ohio
Jefferson County
39081011500
Mine closure, Directly adjoining
Ohio
Jefferson County
39081011700
Directly adjoining
Ohio
Jefferson County
39081011800
Mine closure, Directly adjoining
Ohio
Jefferson County
39081011900
Mine closure, Directly adjoining
Ohio
Jefferson County
39081012000
Directly adjoining
Ohio
Jefferson County
39081012100
Mine closure, Directly adjoining
Ohio
Jefferson County
39081012200
Mine closure, Directly adjoining
Ohio
Jefferson County
39081012300
Directly adjoining
Ohio
Jefferson County
39081012400
Directly adjoining
Ohio
Lake County
39085201500
Directly adjoining
Ohio
Lake County
39085201600
Directly adjoining
Ohio
Lake County
39085201900
Directly adjoining
Ohio
Lake County
39085202000
Generating unit retirement
Ohio
Lake County
39085202100
Directly adjoining
Ohio
Lake County
39085206600
Directly adjoining
Ohio
Lake County
39085990000
Directly adjoining
Ohio
Lawrence County
39087050400
Directly adjoining
Ohio
Lawrence County
39087050501
Directly adjoining
Ohio
Lawrence County
39087050502
Directly adjoining
Ohio
Lawrence County
39087050600
Mine closure, Directly adjoining
Ohio
Lawrence County
39087050700
Mine closure, Directly adjoining
Ohio
Lawrence County
39087050800
Directly adjoining
Ohio
Lorain County
39093010200
Directly adjoining
Ohio
Lorain County
39093010300
Directly adjoining
Ohio
Lorain County
39093010400
Generating unit retirement
Ohio
Lorain County
39093013101
Directly adjoining
Ohio
Lorain County
39093013202
Directly adjoining
Ohio
Lorain County
39093021100
Directly adjoining
Ohio
Lorain County
39093028100
Directly adjoining
Ohio
Lorain County
39093097401
Directly adjoining
Ohio
Lorain County
39093990200
Directly adjoining
Ohio
Lucas County
39095001201
Directly adjoining
Ohio
Lucas County
39095004600
Directly adjoining
Ohio
Lucas County
39095005501
Directly adjoining
Ohio
Lucas County
39095005502
Directly adjoining
Ohio
Lucas County
39095005601
Directly adjoining
Ohio
Lucas County
39095005602
Directly adjoining
Ohio
Lucas County
39095009800
Directly adjoining
Ohio
Lucas County
39095009901
Directly adjoining
Ohio
Lucas County
39095009902
Generating unit retirement
Ohio
Lucas County
39095010001
Directly adjoining
Ohio
Lucas County
39095010002
Directly adjoining
Ohio
Mahoning County
39099810900
Directly adjoining
Ohio
Mahoning County
39099811001
Directly adjoining
Ohio
Mahoning County
39099811002
Directly adjoining
Ohio
Mahoning County
39099811902
Directly adjoining
Ohio
Mahoning County
39099812001
Directly adjoining
Ohio
Mahoning County
39099812002
Directly adjoining
Ohio
Mahoning County
39099812101
Directly adjoining
Ohio
Mahoning County
39099812102
Directly adjoining
Ohio
Mahoning County
39099812400
Directly adjoining
Ohio
Mahoning County
39099812500
Directly adjoining
Ohio
Mahoning County
39099813501
Mine closure
Ohio
Mahoning County
39099813502
Directly adjoining
Ohio
Mahoning County
39099813601
Directly adjoining
Ohio
Mahoning County
39099813602
Directly adjoining
Ohio
Mahoning County
39099814100
Directly adjoining
Ohio
Medina County
39103417300
Directly adjoining
Ohio
Meigs County
39105964100
Directly adjoining
Ohio
Meigs County
39105964300
Directly adjoining
Ohio
Meigs County
39105964500
Directly adjoining
Ohio
Meigs County
39105964600
Mine closure, Directly adjoining
Ohio
Monroe County
39111966600
Mine closure, Directly adjoining
Ohio
Monroe County
39111966700
Directly adjoining
Ohio
Monroe County
39111966800
Directly adjoining
Ohio
Monroe County
39111966900
Directly adjoining
Ohio
Montgomery County
39113050301
Directly adjoining
Ohio
Montgomery County
39113050302
Directly adjoining
Ohio
Montgomery County
39113050402
Directly adjoining
Ohio
Montgomery County
39113050502
Directly adjoining
Ohio
Montgomery County
39113050600
Generating unit retirement
Ohio
Montgomery County
39113060100
Directly adjoining
Ohio
Montgomery County
39113060200
Directly adjoining
Ohio
Montgomery County
39113070101
Directly adjoining
Ohio
Montgomery County
39113070201
Directly adjoining
Ohio
Montgomery County
39113140100
Directly adjoining
Ohio
Montgomery County
39113150100
Directly adjoining
Ohio
Montgomery County
39113165000
Directly adjoining
Ohio
Morgan County
39115968800
Generating unit retirement
Ohio
Morgan County
39115968900
Directly adjoining
Ohio
Morgan County
39115969000
Directly adjoining
Ohio
Morgan County
39115969100
Directly adjoining
Ohio
Muskingum County
39119911000
Mine closure, Directly adjoining
Ohio
Muskingum County
39119911100
Directly adjoining
Ohio
Muskingum County
39119911601
Directly adjoining
Ohio
Muskingum County
39119911900
Directly adjoining
Ohio
Muskingum County
39119912600
Directly adjoining
Ohio
Muskingum County
39119912700
Directly adjoining
Ohio
Muskingum County
39119912800
Directly adjoining
Ohio
Noble County
39121968300
Mine closure, Directly adjoining
Ohio
Noble County
39121968401
Directly adjoining
Ohio
Noble County
39121968500
Directly adjoining
Ohio
Perry County
39127965902
Directly adjoining
Ohio
Perry County
39127966000
Directly adjoining
Ohio
Perry County
39127966100
Mine closure, Directly adjoining
Ohio
Perry County
39127966200
Directly adjoining
Ohio
Perry County
39127966301
Directly adjoining
Ohio
Perry County
39127966302
Mine closure, Directly adjoining
Ohio
Pickaway County
39129021101
Directly adjoining
Ohio
Pickaway County
39129021201
Directly adjoining
Ohio
Pickaway County
39129021202
Generating unit retirement
Ohio
Pickaway County
39129021403
Directly adjoining
Ohio
Pickaway County
39129021404
Directly adjoining
Ohio
Pickaway County
39129021500
Directly adjoining
Ohio
Richland County
39139002500
Directly adjoining
Ohio
Richland County
39139002600
Generating unit retirement
Ohio
Richland County
39139002700
Directly adjoining
Ohio
Richland County
39139002800
Directly adjoining
Ohio
Scioto County
39145002600
Directly adjoining
Ohio
Scioto County
39145002700
Directly adjoining
Ohio
Scioto County
39145002800
Directly adjoining
Ohio
Stark County
39151700200
Directly adjoining
Ohio
Stark County
39151700400
Directly adjoining
Ohio
Stark County
39151700701
Directly adjoining
Ohio
Stark County
39151700702
Directly adjoining
Ohio
Stark County
39151711700
Directly adjoining
Ohio
Stark County
39151712102
Directly adjoining
Ohio
Stark County
39151712201
Directly adjoining
Ohio
Stark County
39151712202
Directly adjoining
Ohio
Stark County
39151712300
Mine closure
Ohio
Stark County
39151712400
Directly adjoining
Ohio
Stark County
39151712700
Directly adjoining
Ohio
Stark County
39151712800
Directly adjoining
Ohio
Stark County
39151712900
Mine closure, Directly adjoining
Ohio
Stark County
39151713000
Directly adjoining
Ohio
Stark County
39151713201
Directly adjoining
Ohio
Stark County
39151714801
Directly adjoining
Ohio
Stark County
39151714802
Directly adjoining
Ohio
Stark County
39151714901
Directly adjoining
Ohio
Stark County
39151714902
Mine closure, Directly adjoining
Ohio
Trumbull County
39155932500
Directly adjoining
Ohio
Trumbull County
39155932600
Directly adjoining
Ohio
Trumbull County
39155932802
Directly adjoining
Ohio
Trumbull County
39155933301
Directly adjoining
Ohio
Trumbull County
39155933302
Generating unit retirement
Ohio
Trumbull County
39155933900
Directly adjoining
Ohio
Tuscarawas County
39157020100
Mine closure, Directly adjoining
Ohio
Tuscarawas County
39157020200
Directly adjoining
Ohio
Tuscarawas County
39157020300
Directly adjoining
Ohio
Tuscarawas County
39157020400
Mine closure, Directly adjoining
Ohio
Tuscarawas County
39157020500
Mine closure, Directly adjoining
Ohio
Tuscarawas County
39157020600
Directly adjoining
Ohio
Tuscarawas County
39157020700
Mine closure, Directly adjoining
Ohio
Tuscarawas County
39157020900
Directly adjoining
Ohio
Tuscarawas County
39157021000
Directly adjoining
Ohio
Tuscarawas County
39157021100
Directly adjoining
Ohio
Tuscarawas County
39157021200
Directly adjoining
Ohio
Tuscarawas County
39157021300
Mine closure, Directly adjoining
Ohio
Tuscarawas County
39157021400
Directly adjoining
Ohio
Tuscarawas County
39157021501
Directly adjoining
Ohio
Tuscarawas County
39157021502
Mine closure, Directly adjoining
Ohio
Tuscarawas County
39157021503
Mine closure, Directly adjoining
Ohio
Tuscarawas County
39157021600
Mine closure, Directly adjoining
Ohio
Tuscarawas County
39157021700
Directly adjoining
Ohio
Tuscarawas County
39157021800
Mine closure, Directly adjoining
Ohio
Tuscarawas County
39157021900
Directly adjoining
Ohio
Tuscarawas County
39157022001
Directly adjoining
Ohio
Tuscarawas County
39157022002
Mine closure, Directly adjoining
Ohio
Vinton County
39163953200
Directly adjoining
Ohio
Warren County
39165030101
Directly adjoining
Ohio
Warren County
39165030102
Directly adjoining
Ohio
Warren County
39165030501
Directly adjoining
Ohio
Washington County
39167020201
Directly adjoining
Ohio
Washington County
39167020300
Generating unit retirement
Ohio
Washington County
39167020400
Directly adjoining
Ohio
Washington County
39167020500
Directly adjoining
Ohio
Washington County
39167021100
Directly adjoining
Ohio
Washington County
39167021201
Directly adjoining
Ohio
Washington County
39167021202
Directly adjoining
Ohio
Washington County
39167021300
Directly adjoining
Ohio
Washington County
39167021500
Directly adjoining
Ohio
Washington County
39167021600
Directly adjoining
Ohio
Washington County
39167021700
Directly adjoining
Ohio
Wayne County
39169001700
Directly adjoining
Ohio
Wayne County
39169002500
Directly adjoining
Ohio
Wayne County
39169002902
Directly adjoining
Ohio
Wayne County
39169003000
Directly adjoining
Ohio
Wayne County
39169003400
Generating unit retirement
Ohio
Wayne County
39169003500
Directly adjoining
Oklahoma
Craig County
40035373100
Mine closure, Directly adjoining
Oklahoma
Craig County
40035373200
Mine closure, Directly adjoining
Oklahoma
Craig County
40035373300
Directly adjoining
Oklahoma
Craig County
40035373400
Directly adjoining
Oklahoma
Craig County
40035373500
Directly adjoining
Oklahoma
Haskell County
40061279100
Directly adjoining
Oklahoma
Haskell County
40061279300
Directly adjoining
Oklahoma
Haskell County
40061279400
Directly adjoining
Oklahoma
Jackson County
40065968100
Directly adjoining
Oklahoma
Jackson County
40065968300
Directly adjoining
Oklahoma
Latimer County
40077087100
Mine closure, Directly adjoining
Oklahoma
Latimer County
40077087200
Directly adjoining
Oklahoma
Latimer County
40077087300
Directly adjoining
Oklahoma
Le Flore County
40079040299
Directly adjoining
Oklahoma
Le Flore County
40079040301
Mine closure, Directly adjoining
Oklahoma
Le Flore County
40079040302
Directly adjoining
Oklahoma
Le Flore County
40079040303
Directly adjoining
Oklahoma
Le Flore County
40079040401
Directly adjoining
Oklahoma
Le Flore County
40079040402
Directly adjoining
Oklahoma
Le Flore County
40079040500
Mine closure, Directly adjoining
Oklahoma
Le Flore County
40079040601
Directly adjoining
Oklahoma
Le Flore County
40079040602
Mine closure, Directly adjoining
Oklahoma
Le Flore County
40079040700
Directly adjoining
Oklahoma
Mayes County
40097040300
Directly adjoining
Oklahoma
Mayes County
40097040400
Generating unit retirement
Oklahoma
Mayes County
40097040501
Directly adjoining
Oklahoma
Mayes County
40097040502
Directly adjoining
Oklahoma
Mayes County
40097040700
Directly adjoining
Oklahoma
Mayes County
40097040801
Directly adjoining
Oklahoma
Nowata County
40105172100
Directly adjoining
Oklahoma
Nowata County
40105172200
Directly adjoining
Oklahoma
Nowata County
40105172300
Mine closure, Directly adjoining
Oklahoma
Nowata County
40105172400
Directly adjoining
Oklahoma
Ottawa County
40115574100
Directly adjoining
Oklahoma
Ottawa County
40115574700
Directly adjoining
Oklahoma
Ottawa County
40115574800
Directly adjoining
Oklahoma
Rogers County
40131050301
Directly adjoining
Oklahoma
Rogers County
40131050304
Directly adjoining
Oklahoma
Rogers County
40131050403
Directly adjoining
Oklahoma
Rogers County
40131050501
Directly adjoining
Oklahoma
Rogers County
40131050702
Directly adjoining
Oklahoma
Rogers County
40131050801
Generating unit retirement
Oklahoma
Rogers County
40131050802
Directly adjoining
Oklahoma
Tillman County
40141070100
Directly adjoining
Oklahoma
Tulsa County
40143005404
Directly adjoining
Oklahoma
Wagoner County
40145030201
Directly adjoining
Oklahoma
Wagoner County
40145030300
Directly adjoining
Oklahoma
Washington County
40147001000
Directly adjoining
Oklahoma
Washington County
40147001100
Directly adjoining
Oklahoma
Washington County
40147001200
Directly adjoining
Oklahoma
Washington County
40147001300
Directly adjoining
Oregon
Gilliam County
41021960100
Directly adjoining
Oregon
Morrow County
41049970101
Generating unit retirement
Oregon
Morrow County
41049970102
Directly adjoining
Oregon
Morrow County
41049970200
Directly adjoining
Pennsylvania
Allegheny County
42003010302
Directly adjoining
Pennsylvania
Allegheny County
42003020100
Directly adjoining
Pennsylvania
Allegheny County
42003020300
Directly adjoining
Pennsylvania
Allegheny County
42003030500
Mine closure
Pennsylvania
Allegheny County
42003040200
Directly adjoining
Pennsylvania
Allegheny County
42003050100
Directly adjoining
Pennsylvania
Allegheny County
42003050900
Directly adjoining
Pennsylvania
Allegheny County
42003051100
Directly adjoining
Pennsylvania
Allegheny County
42003405000
Directly adjoining
Pennsylvania
Allegheny County
42003415001
Directly adjoining
Pennsylvania
Allegheny County
42003415002
Directly adjoining
Pennsylvania
Allegheny County
42003416000
Directly adjoining
Pennsylvania
Allegheny County
42003417100
Directly adjoining
Pennsylvania
Allegheny County
42003417200
Generating unit retirement
Pennsylvania
Allegheny County
42003418000
Directly adjoining
Pennsylvania
Allegheny County
42003419000
Mine closure
Pennsylvania
Allegheny County
42003421100
Directly adjoining
Pennsylvania
Allegheny County
42003422000
Directly adjoining
Pennsylvania
Allegheny County
42003451300
Directly adjoining
Pennsylvania
Allegheny County
42003452000
Directly adjoining
Pennsylvania
Allegheny County
42003453003
Mine closure, Directly adjoining
Pennsylvania
Allegheny County
42003453004
Directly adjoining
Pennsylvania
Allegheny County
42003455000
Mine closure, Directly adjoining
Pennsylvania
Allegheny County
42003456001
Directly adjoining
Pennsylvania
Allegheny County
42003456003
Directly adjoining
Pennsylvania
Allegheny County
42003457100
Directly adjoining
Pennsylvania
Allegheny County
42003457200
Directly adjoining
Pennsylvania
Allegheny County
42003458001
Mine closure, Directly adjoining
Pennsylvania
Allegheny County
42003458002
Mine closure, Directly adjoining
Pennsylvania
Allegheny County
42003459101
Directly adjoining
Pennsylvania
Allegheny County
42003459102
Mine closure
Pennsylvania
Allegheny County
42003459201
Directly adjoining
Pennsylvania
Allegheny County
42003460001
Directly adjoining
Pennsylvania
Allegheny County
42003460002
Directly adjoining
Pennsylvania
Allegheny County
42003468800
Directly adjoining
Pennsylvania
Allegheny County
42003470300
Directly adjoining
Pennsylvania
Allegheny County
42003470400
Directly adjoining
Pennsylvania
Allegheny County
42003470600
Directly adjoining
Pennsylvania
Allegheny County
42003471000
Directly adjoining
Pennsylvania
Allegheny County
42003475304
Directly adjoining
Pennsylvania
Allegheny County
42003475401
Directly adjoining
Pennsylvania
Allegheny County
42003475402
Directly adjoining
Pennsylvania
Allegheny County
42003480101
Directly adjoining
Pennsylvania
Allegheny County
42003480102
Directly adjoining
Pennsylvania
Allegheny County
42003489001
Directly adjoining
Pennsylvania
Allegheny County
42003489002
Directly adjoining
Pennsylvania
Allegheny County
42003490002
Directly adjoining
Pennsylvania
Allegheny County
42003490003
Mine closure, Directly adjoining
Pennsylvania
Allegheny County
42003490004
Directly adjoining
Pennsylvania
Allegheny County
42003491101
Mine closure, Directly adjoining
Pennsylvania
Allegheny County
42003491200
Directly adjoining
Pennsylvania
Allegheny County
42003494000
Directly adjoining
Pennsylvania
Allegheny County
42003496101
Directly adjoining
Pennsylvania
Allegheny County
42003496102
Directly adjoining
Pennsylvania
Allegheny County
42003496200
Directly adjoining
Pennsylvania
Allegheny County
42003525200
Directly adjoining
Pennsylvania
Allegheny County
42003525300
Directly adjoining
Pennsylvania
Allegheny County
42003526101
Directly adjoining
Pennsylvania
Allegheny County
42003526102
Mine closure
Pennsylvania
Allegheny County
42003526201
Directly adjoining
Pennsylvania
Allegheny County
42003526202
Directly adjoining
Pennsylvania
Allegheny County
42003526301
Directly adjoining
Pennsylvania
Allegheny County
42003564000
Directly adjoining
Pennsylvania
Allegheny County
42003564500
Directly adjoining
Pennsylvania
Armstrong County
42005950100
Mine closure, Directly adjoining
Pennsylvania
Armstrong County
42005950200
Mine closure, Generating unit retirement, Directly adjoining
Pennsylvania
Armstrong County
42005950300
Mine closure, Directly adjoining
Pennsylvania
Armstrong County
42005950400
Mine closure, Directly adjoining
Pennsylvania
Armstrong County
42005950500
Mine closure, Directly adjoining
Pennsylvania
Armstrong County
42005950600
Mine closure, Directly adjoining
Pennsylvania
Armstrong County
42005950700
Mine closure, Directly adjoining
Pennsylvania
Armstrong County
42005950800
Mine closure, Directly adjoining
Pennsylvania
Armstrong County
42005950900
Mine closure, Directly adjoining
Pennsylvania
Armstrong County
42005951000
Directly adjoining
Pennsylvania
Armstrong County
42005951100
Directly adjoining
Pennsylvania
Armstrong County
42005951200
Directly adjoining
Pennsylvania
Armstrong County
42005951300
Directly adjoining
Pennsylvania
Armstrong County
42005951400
Directly adjoining
Pennsylvania
Armstrong County
42005951500
Directly adjoining
Pennsylvania
Armstrong County
42005951600
Mine closure, Directly adjoining
Pennsylvania
Armstrong County
42005951700
Mine closure, Directly adjoining
Pennsylvania
Beaver County
42007600601
Directly adjoining
Pennsylvania
Beaver County
42007600602
Directly adjoining
Pennsylvania
Beaver County
42007602300
Directly adjoining
Pennsylvania
Beaver County
42007602400
Directly adjoining
Pennsylvania
Beaver County
42007602500
Directly adjoining
Pennsylvania
Beaver County
42007602701
Directly adjoining
Pennsylvania
Beaver County
42007602702
Directly adjoining
Pennsylvania
Beaver County
42007602800
Directly adjoining
Pennsylvania
Beaver County
42007602900
Generating unit retirement, Directly adjoining
Pennsylvania
Beaver County
42007603000
Directly adjoining
Pennsylvania
Beaver County
42007603202
Directly adjoining
Pennsylvania
Beaver County
42007603300
Directly adjoining
Pennsylvania
Beaver County
42007603400
Directly adjoining
Pennsylvania
Beaver County
42007605002
Directly adjoining
Pennsylvania
Beaver County
42007605300
Directly adjoining
Pennsylvania
Beaver County
42007605500
Generating unit retirement, Directly adjoining
Pennsylvania
Bedford County
42009960100
Directly adjoining
Pennsylvania
Bedford County
42009960200
Directly adjoining
Pennsylvania
Bedford County
42009960300
Directly adjoining
Pennsylvania
Bedford County
42009960400
Directly adjoining
Pennsylvania
Bedford County
42009960500
Mine closure, Directly adjoining
Pennsylvania
Bedford County
42009960600
Directly adjoining
Pennsylvania
Bedford County
42009960900
Directly adjoining
Pennsylvania
Bedford County
42009961001
Directly adjoining
Pennsylvania
Bedford County
42009961100
Directly adjoining
Pennsylvania
Berks County
42011002002
Directly adjoining
Pennsylvania
Berks County
42011002100
Directly adjoining
Pennsylvania
Berks County
42011002200
Directly adjoining
Pennsylvania
Berks County
42011002900
Directly adjoining
Pennsylvania
Berks County
42011010100
Directly adjoining
Pennsylvania
Berks County
42011011300
Directly adjoining
Pennsylvania
Berks County
42011011601
Directly adjoining
Pennsylvania
Berks County
42011011602
Directly adjoining
Pennsylvania
Berks County
42011011603
Generating unit retirement
Pennsylvania
Berks County
42011011702
Directly adjoining
Pennsylvania
Berks County
42011011704
Directly adjoining
Pennsylvania
Berks County
42011011705
Directly adjoining
Pennsylvania
Berks County
42011012003
Directly adjoining
Pennsylvania
Berks County
42011012200
Directly adjoining
Pennsylvania
Blair County
42013010101
Generating unit retirement, Directly adjoining
Pennsylvania
Blair County
42013010102
Directly adjoining
Pennsylvania
Blair County
42013010103
Directly adjoining
Pennsylvania
Blair County
42013010403
Directly adjoining
Pennsylvania
Blair County
42013010404
Directly adjoining
Pennsylvania
Blair County
42013010500
Directly adjoining
Pennsylvania
Blair County
42013010701
Generating unit retirement
Pennsylvania
Blair County
42013010702
Directly adjoining
Pennsylvania
Blair County
42013010800
Directly adjoining
Pennsylvania
Blair County
42013011001
Directly adjoining
Pennsylvania
Blair County
42013011300
Directly adjoining
Pennsylvania
Blair County
42013011600
Directly adjoining
Pennsylvania
Blair County
42013100700
Directly adjoining
Pennsylvania
Blair County
42013100800
Directly adjoining
Pennsylvania
Blair County
42013100900
Directly adjoining
Pennsylvania
Blair County
42013101700
Directly adjoining
Pennsylvania
Blair County
42013101800
Directly adjoining
Pennsylvania
Bradford County
42015951200
Directly adjoining
Pennsylvania
Bradford County
42015951300
Directly adjoining
Pennsylvania
Bucks County
42017980000
Directly adjoining
Pennsylvania
Butler County
42019902600
Directly adjoining
Pennsylvania
Butler County
42019902900
Directly adjoining
Pennsylvania
Butler County
42019903100
Directly adjoining
Pennsylvania
Butler County
42019910100
Mine closure, Directly adjoining
Pennsylvania
Butler County
42019910200
Mine closure, Directly adjoining
Pennsylvania
Butler County
42019910301
Directly adjoining
Pennsylvania
Butler County
42019910302
Directly adjoining
Pennsylvania
Butler County
42019910600
Mine closure, Directly adjoining
Pennsylvania
Butler County
42019910700
Directly adjoining
Pennsylvania
Butler County
42019910800
Directly adjoining
Pennsylvania
Butler County
42019911000
Directly adjoining
Pennsylvania
Butler County
42019911200
Mine closure
Pennsylvania
Butler County
42019911300
Directly adjoining
Pennsylvania
Butler County
42019911400
Directly adjoining
Pennsylvania
Butler County
42019911501
Directly adjoining
Pennsylvania
Butler County
42019911600
Directly adjoining
Pennsylvania
Cambria County
42021000100
Directly adjoining
Pennsylvania
Cambria County
42021000300
Directly adjoining
Pennsylvania
Cambria County
42021000500
Directly adjoining
Pennsylvania
Cambria County
42021010100
Mine closure, Directly adjoining
Pennsylvania
Cambria County
42021010200
Directly adjoining
Pennsylvania
Cambria County
42021010300
Mine closure, Directly adjoining
Pennsylvania
Cambria County
42021010500
Directly adjoining
Pennsylvania
Cambria County
42021010700
Directly adjoining
Pennsylvania
Cambria County
42021010801
Directly adjoining
Pennsylvania
Cambria County
42021011100
Directly adjoining
Pennsylvania
Cambria County
42021011400
Directly adjoining
Pennsylvania
Cambria County
42021011500
Mine closure, Directly adjoining
Pennsylvania
Cambria County
42021011600
Directly adjoining
Pennsylvania
Cambria County
42021011700
Mine closure, Directly adjoining
Pennsylvania
Cambria County
42021011800
Mine closure, Directly adjoining
Pennsylvania
Cambria County
42021011900
Directly adjoining
Pennsylvania
Cambria County
42021012000
Mine closure, Directly adjoining
Pennsylvania
Cambria County
42021012100
Mine closure, Directly adjoining
Pennsylvania
Cambria County
42021012200
Directly adjoining
Pennsylvania
Cambria County
42021012300
Directly adjoining
Pennsylvania
Cambria County
42021012400
Directly adjoining
Pennsylvania
Cambria County
42021012600
Directly adjoining
Pennsylvania
Cambria County
42021012700
Mine closure, Directly adjoining
Pennsylvania
Cambria County
42021012800
Directly adjoining
Pennsylvania
Cambria County
42021012900
Mine closure, Directly adjoining
Pennsylvania
Cambria County
42021013000
Directly adjoining
Pennsylvania
Cambria County
42021013100
Mine closure, Directly adjoining
Pennsylvania
Cambria County
42021013200
Directly adjoining
Pennsylvania
Cambria County
42021013300
Mine closure, Directly adjoining
Pennsylvania
Cambria County
42021013400
Directly adjoining
Pennsylvania
Cambria County
42021013500
Mine closure, Directly adjoining
Pennsylvania
Cambria County
42021013600
Directly adjoining
Pennsylvania
Cambria County
42021013700
Directly adjoining
Pennsylvania
Cameron County
42023960100
Directly adjoining
Pennsylvania
Cameron County
42023960200
Mine closure, Directly adjoining
Pennsylvania
Carbon County
42025020102
Directly adjoining
Pennsylvania
Carbon County
42025020106
Directly adjoining
Pennsylvania
Carbon County
42025020201
Directly adjoining
Pennsylvania
Carbon County
42025020202
Directly adjoining
Pennsylvania
Carbon County
42025020301
Directly adjoining
Pennsylvania
Carbon County
42025020302
Mine closure, Directly adjoining
Pennsylvania
Carbon County
42025020400
Mine closure, Directly adjoining
Pennsylvania
Carbon County
42025020501
Directly adjoining
Pennsylvania
Centre County
42027010100
Directly adjoining
Pennsylvania
Centre County
42027010200
Mine closure, Directly adjoining
Pennsylvania
Centre County
42027010300
Directly adjoining
Pennsylvania
Centre County
42027010400
Mine closure, Directly adjoining
Pennsylvania
Centre County
42027010500
Directly adjoining
Pennsylvania
Centre County
42027010600
Directly adjoining
Pennsylvania
Centre County
42027011504
Directly adjoining
Pennsylvania
Centre County
42027011600
Directly adjoining
Pennsylvania
Centre County
42027012100
Directly adjoining
Pennsylvania
Centre County
42027012200
Generating unit retirement
Pennsylvania
Centre County
42027012300
Directly adjoining
Pennsylvania
Centre County
42027012400
Directly adjoining
Pennsylvania
Centre County
42027012500
Directly adjoining
Pennsylvania
Chester County
42029300502
Directly adjoining
Pennsylvania
Chester County
42029300600
Directly adjoining
Pennsylvania
Chester County
42029300800
Directly adjoining
Pennsylvania
Chester County
42029301001
Directly adjoining
Pennsylvania
Chester County
42029301002
Generating unit retirement
Pennsylvania
Chester County
42029301100
Directly adjoining
Pennsylvania
Chester County
42029311000
Directly adjoining
Pennsylvania
Clarion County
42031160101
Directly adjoining
Pennsylvania
Clarion County
42031160103
Directly adjoining
Pennsylvania
Clarion County
42031160104
Directly adjoining
Pennsylvania
Clarion County
42031160201
Directly adjoining
Pennsylvania
Clarion County
42031160202
Mine closure, Directly adjoining
Pennsylvania
Clarion County
42031160300
Mine closure, Directly adjoining
Pennsylvania
Clarion County
42031160400
Directly adjoining
Pennsylvania
Clarion County
42031160500
Mine closure, Generating unit retirement, Directly adjoining
Pennsylvania
Clarion County
42031160600
Directly adjoining
Pennsylvania
Clarion County
42031160701
Directly adjoining
Pennsylvania
Clarion County
42031160702
Mine closure, Directly adjoining
Pennsylvania
Clarion County
42031160800
Mine closure, Directly adjoining
Pennsylvania
Clarion County
42031160900
Mine closure, Directly adjoining
Pennsylvania
Clearfield County
42033330100
Mine closure, Directly adjoining
Pennsylvania
Clearfield County
42033330200
Directly adjoining
Pennsylvania
Clearfield County
42033330300
Directly adjoining
Pennsylvania
Clearfield County
42033330400
Mine closure, Directly adjoining
Pennsylvania
Clearfield County
42033330500
Mine closure, Directly adjoining
Pennsylvania
Clearfield County
42033330600
Mine closure, Directly adjoining
Pennsylvania
Clearfield County
42033330700
Mine closure, Directly adjoining
Pennsylvania
Clearfield County
42033330800
Mine closure, Directly adjoining
Pennsylvania
Clearfield County
42033330900
Mine closure, Directly adjoining
Pennsylvania
Clearfield County
42033331000
Mine closure, Directly adjoining
Pennsylvania
Clearfield County
42033331100
Directly adjoining
Pennsylvania
Clearfield County
42033331200
Directly adjoining
Pennsylvania
Clearfield County
42033331300
Mine closure, Directly adjoining
Pennsylvania
Clearfield County
42033331401
Mine closure, Directly adjoining
Pennsylvania
Clearfield County
42033331402
Directly adjoining
Pennsylvania
Clearfield County
42033331500
Mine closure, Directly adjoining
Pennsylvania
Clearfield County
42033331600
Mine closure, Directly adjoining
Pennsylvania
Clearfield County
42033331700
Mine closure, Directly adjoining
Pennsylvania
Clearfield County
42033331800
Mine closure, Directly adjoining
Pennsylvania
Clearfield County
42033331900
Mine closure, Directly adjoining
Pennsylvania
Clinton County
42035030100
Directly adjoining
Pennsylvania
Clinton County
42035030200
Mine closure, Directly adjoining
Pennsylvania
Clinton County
42035030300
Directly adjoining
Pennsylvania
Clinton County
42035030500
Directly adjoining
Pennsylvania
Clinton County
42035030800
Directly adjoining
Pennsylvania
Columbia County
42037050200
Directly adjoining
Pennsylvania
Columbia County
42037050300
Directly adjoining
Pennsylvania
Columbia County
42037051300
Directly adjoining
Pennsylvania
Columbia County
42037051400
Directly adjoining
Pennsylvania
Columbia County
42037051500
Mine closure, Directly adjoining
Pennsylvania
Dauphin County
42043024700
Directly adjoining
Pennsylvania
Dauphin County
42043024801
Directly adjoining
Pennsylvania
Dauphin County
42043024900
Mine closure, Directly adjoining
Pennsylvania
Dauphin County
42043025000
Mine closure, Directly adjoining
Pennsylvania
Dauphin County
42043025100
Mine closure, Directly adjoining
Pennsylvania
Dauphin County
42043025200
Directly adjoining
Pennsylvania
Dauphin County
42043025300
Directly adjoining
Pennsylvania
Delaware County
42045404102
Directly adjoining
Pennsylvania
Delaware County
42045404103
Directly adjoining
Pennsylvania
Delaware County
42045404300
Generating unit retirement
Pennsylvania
Delaware County
42045404800
Directly adjoining
Pennsylvania
Delaware County
42045406500
Directly adjoining
Pennsylvania
Delaware County
42045406600
Directly adjoining
Pennsylvania
Delaware County
42045410700
Directly adjoining
Pennsylvania
Elk County
42047950100
Directly adjoining
Pennsylvania
Elk County
42047950200
Directly adjoining
Pennsylvania
Elk County
42047950900
Mine closure, Directly adjoining
Pennsylvania
Elk County
42047951000
Mine closure, Directly adjoining
Pennsylvania
Elk County
42047951100
Directly adjoining
Pennsylvania
Elk County
42047951200
Directly adjoining
Pennsylvania
Elk County
42047951300
Directly adjoining
Pennsylvania
Fayette County
42051260100
Directly adjoining
Pennsylvania
Fayette County
42051260200
Mine closure, Directly adjoining
Pennsylvania
Fayette County
42051260300
Directly adjoining
Pennsylvania
Fayette County
42051260402
Directly adjoining
Pennsylvania
Fayette County
42051260500
Mine closure, Directly adjoining
Pennsylvania
Fayette County
42051260600
Directly adjoining
Pennsylvania
Fayette County
42051260900
Directly adjoining
Pennsylvania
Fayette County
42051261000
Mine closure, Directly adjoining
Pennsylvania
Fayette County
42051261100
Directly adjoining
Pennsylvania
Fayette County
42051261300
Directly adjoining
Pennsylvania
Fayette County
42051261401
Directly adjoining
Pennsylvania
Fayette County
42051261402
Directly adjoining
Pennsylvania
Fayette County
42051261500
Directly adjoining
Pennsylvania
Fayette County
42051261600
Directly adjoining
Pennsylvania
Fayette County
42051261700
Directly adjoining
Pennsylvania
Fayette County
42051261900
Directly adjoining
Pennsylvania
Fayette County
42051262000
Mine closure, Directly adjoining
Pennsylvania
Fayette County
42051262100
Directly adjoining
Pennsylvania
Fayette County
42051262200
Mine closure, Directly adjoining
Pennsylvania
Fayette County
42051262300
Directly adjoining
Pennsylvania
Fayette County
42051262400
Directly adjoining
Pennsylvania
Fayette County
42051262500
Directly adjoining
Pennsylvania
Fayette County
42051262600
Directly adjoining
Pennsylvania
Fayette County
42051262701
Mine closure, Directly adjoining
Pennsylvania
Fayette County
42051262702
Mine closure, Directly adjoining
Pennsylvania
Fayette County
42051262800
Mine closure, Directly adjoining
Pennsylvania
Fayette County
42051262900
Mine closure, Directly adjoining
Pennsylvania
Fayette County
42051263000
Directly adjoining
Pennsylvania
Fayette County
42051263100
Mine closure, Directly adjoining
Pennsylvania
Fayette County
42051263200
Mine closure, Directly adjoining
Pennsylvania
Fayette County
42051263300
Directly adjoining
Pennsylvania
Forest County
42053530100
Directly adjoining
Pennsylvania
Fulton County
42057960200
Directly adjoining
Pennsylvania
Greene County
42059970101
Directly adjoining
Pennsylvania
Greene County
42059970102
Directly adjoining
Pennsylvania
Greene County
42059970200
Mine closure, Directly adjoining
Pennsylvania
Greene County
42059970300
Mine closure, Directly adjoining
Pennsylvania
Greene County
42059970400
Directly adjoining
Pennsylvania
Greene County
42059970501
Directly adjoining
Pennsylvania
Greene County
42059970502
Mine closure, Directly adjoining
Pennsylvania
Greene County
42059970600
Directly adjoining
Pennsylvania
Greene County
42059970700
Mine closure, Directly adjoining
Pennsylvania
Greene County
42059970800
Mine closure, Generating unit retirement, Directly adjoining
Pennsylvania
Huntingdon County
42061950200
Directly adjoining
Pennsylvania
Huntingdon County
42061950600
Directly adjoining
Pennsylvania
Huntingdon County
42061950800
Directly adjoining
Pennsylvania
Huntingdon County
42061951200
Directly adjoining
Pennsylvania
Huntingdon County
42061951300
Mine closure, Directly adjoining
Pennsylvania
Indiana County
42063960100
Directly adjoining
Pennsylvania
Indiana County
42063960200
Mine closure, Directly adjoining
Pennsylvania
Indiana County
42063960300
Mine closure, Directly adjoining
Pennsylvania
Indiana County
42063960400
Mine closure, Directly adjoining
Pennsylvania
Indiana County
42063960500
Mine closure, Directly adjoining
Pennsylvania
Indiana County
42063960600
Mine closure, Directly adjoining
Pennsylvania
Indiana County
42063960700
Directly adjoining
Pennsylvania
Indiana County
42063960800
Mine closure, Directly adjoining
Pennsylvania
Indiana County
42063960900
Directly adjoining
Pennsylvania
Indiana County
42063961000
Mine closure
Pennsylvania
Indiana County
42063961102
Directly adjoining
Pennsylvania
Indiana County
42063961103
Directly adjoining
Pennsylvania
Indiana County
42063961104
Directly adjoining
Pennsylvania
Indiana County
42063961200
Directly adjoining
Pennsylvania
Indiana County
42063961300
Mine closure, Directly adjoining
Pennsylvania
Indiana County
42063961400
Mine closure, Directly adjoining
Pennsylvania
Indiana County
42063961500
Mine closure, Directly adjoining
Pennsylvania
Indiana County
42063961600
Mine closure, Generating unit retirement, Directly adjoining
Pennsylvania
Indiana County
42063961700
Directly adjoining
Pennsylvania
Indiana County
42063961800
Mine closure, Directly adjoining
Pennsylvania
Indiana County
42063961900
Mine closure, Directly adjoining
Pennsylvania
Indiana County
42063962000
Mine closure, Directly adjoining
Pennsylvania
Indiana County
42063962100
Directly adjoining
Pennsylvania
Indiana County
42063962200
Directly adjoining
Pennsylvania
Jefferson County
42065950100
Directly adjoining
Pennsylvania
Jefferson County
42065950200
Mine closure, Directly adjoining
Pennsylvania
Jefferson County
42065950300
Mine closure, Directly adjoining
Pennsylvania
Jefferson County
42065950400
Directly adjoining
Pennsylvania
Jefferson County
42065950500
Directly adjoining
Pennsylvania
Jefferson County
42065950600
Mine closure, Directly adjoining
Pennsylvania
Jefferson County
42065950700
Mine closure
Pennsylvania
Jefferson County
42065950800
Directly adjoining
Pennsylvania
Jefferson County
42065950900
Mine closure, Directly adjoining
Pennsylvania
Jefferson County
42065951000
Mine closure, Directly adjoining
Pennsylvania
Jefferson County
42065951100
Directly adjoining
Pennsylvania
Juniata County
42067070400
Directly adjoining
Pennsylvania
Lackawanna County
42069101800
Directly adjoining
Pennsylvania
Lackawanna County
42069101900
Directly adjoining
Pennsylvania
Lackawanna County
42069102100
Directly adjoining
Pennsylvania
Lackawanna County
42069102200
Directly adjoining
Pennsylvania
Lackawanna County
42069102300
Directly adjoining
Pennsylvania
Lackawanna County
42069103000
Directly adjoining
Pennsylvania
Lackawanna County
42069103100
Directly adjoining
Pennsylvania
Lackawanna County
42069111200
Directly adjoining
Pennsylvania
Lackawanna County
42069111300
Directly adjoining
Pennsylvania
Lackawanna County
42069111400
Mine closure
Pennsylvania
Lackawanna County
42069111500
Directly adjoining
Pennsylvania
Lackawanna County
42069111700
Directly adjoining
Pennsylvania
Lackawanna County
42069111801
Directly adjoining
Pennsylvania
Lackawanna County
42069111802
Directly adjoining
Pennsylvania
Lackawanna County
42069112400
Directly adjoining
Pennsylvania
Lackawanna County
42069112500
Mine closure
Pennsylvania
Lackawanna County
42069112600
Directly adjoining
Pennsylvania
Lackawanna County
42069112700
Directly adjoining
Pennsylvania
Lackawanna County
42069112800
Directly adjoining
Pennsylvania
Lackawanna County
42069112901
Directly adjoining
Pennsylvania
Lawrence County
42073001000
Directly adjoining
Pennsylvania
Lawrence County
42073010201
Directly adjoining
Pennsylvania
Lawrence County
42073010400
Directly adjoining
Pennsylvania
Lawrence County
42073010500
Mine closure, Directly adjoining
Pennsylvania
Lawrence County
42073010600
Directly adjoining
Pennsylvania
Lawrence County
42073011100
Directly adjoining
Pennsylvania
Lawrence County
42073011200
Directly adjoining
Pennsylvania
Lawrence County
42073011300
Mine closure, Directly adjoining
Pennsylvania
Lawrence County
42073011400
Directly adjoining
Pennsylvania
Lawrence County
42073011500
Directly adjoining
Pennsylvania
Lebanon County
42075002000
Directly adjoining
Pennsylvania
Lebanon County
42075002100
Directly adjoining
Pennsylvania
Luzerne County
42079210100
Mine closure, Directly adjoining
Pennsylvania
Luzerne County
42079210200
Mine closure, Directly adjoining
Pennsylvania
Luzerne County
42079210300
Directly adjoining
Pennsylvania
Luzerne County
42079210400
Directly adjoining
Pennsylvania
Luzerne County
42079210500
Mine closure, Directly adjoining
Pennsylvania
Luzerne County
42079210600
Directly adjoining
Pennsylvania
Luzerne County
42079210700
Directly adjoining
Pennsylvania
Luzerne County
42079210800
Directly adjoining
Pennsylvania
Luzerne County
42079211101
Directly adjoining
Pennsylvania
Luzerne County
42079211102
Directly adjoining
Pennsylvania
Luzerne County
42079211302
Directly adjoining
Pennsylvania
Luzerne County
42079211701
Directly adjoining
Pennsylvania
Luzerne County
42079211702
Mine closure
Pennsylvania
Luzerne County
42079211900
Directly adjoining
Pennsylvania
Luzerne County
42079213900
Directly adjoining
Pennsylvania
Luzerne County
42079215400
Directly adjoining
Pennsylvania
Luzerne County
42079215600
Directly adjoining
Pennsylvania
Luzerne County
42079215701
Generating unit retirement
Pennsylvania
Luzerne County
42079215702
Directly adjoining
Pennsylvania
Luzerne County
42079215800
Directly adjoining
Pennsylvania
Luzerne County
42079216200
Directly adjoining
Pennsylvania
Luzerne County
42079216400
Mine closure, Directly adjoining
Pennsylvania
Luzerne County
42079216501
Directly adjoining
Pennsylvania
Luzerne County
42079216502
Mine closure, Directly adjoining
Pennsylvania
Luzerne County
42079216601
Directly adjoining
Pennsylvania
Luzerne County
42079216602
Directly adjoining
Pennsylvania
Luzerne County
42079216700
Directly adjoining
Pennsylvania
Luzerne County
42079216800
Mine closure, Directly adjoining
Pennsylvania
Luzerne County
42079216900
Mine closure, Directly adjoining
Pennsylvania
Luzerne County
42079217001
Directly adjoining
Pennsylvania
Luzerne County
42079217002
Mine closure, Directly adjoining
Pennsylvania
Luzerne County
42079217100
Directly adjoining
Pennsylvania
Luzerne County
42079217200
Directly adjoining
Pennsylvania
Luzerne County
42079217300
Directly adjoining
Pennsylvania
Luzerne County
42079217700
Directly adjoining
Pennsylvania
Luzerne County
42079217800
Directly adjoining
Pennsylvania
Luzerne County
42079217900
Directly adjoining
Pennsylvania
Lycoming County
42081010600
Directly adjoining
Pennsylvania
Lycoming County
42081010800
Directly adjoining
Pennsylvania
McKean County
42083420700
Directly adjoining
Pennsylvania
McKean County
42083420800
Directly adjoining
Pennsylvania
McKean County
42083420900
Directly adjoining
Pennsylvania
Mercer County
42085031200
Directly adjoining
Pennsylvania
Mercer County
42085031300
Directly adjoining
Pennsylvania
Mercer County
42085032300
Directly adjoining
Pennsylvania
Mercer County
42085032401
Directly adjoining
Pennsylvania
Mercer County
42085032403
Directly adjoining
Pennsylvania
Mercer County
42085032502
Directly adjoining
Pennsylvania
Mercer County
42085032503
Directly adjoining
Pennsylvania
Mercer County
42085032504
Mine closure
Pennsylvania
Mercer County
42085032505
Directly adjoining
Pennsylvania
Mercer County
42085032601
Mine closure
Pennsylvania
Mercer County
42085032602
Directly adjoining
Pennsylvania
Mercer County
42085032702
Directly adjoining
Pennsylvania
Mercer County
42085033100
Directly adjoining
Pennsylvania
Montgomery County
42091206105
Directly adjoining
Pennsylvania
Montgomery County
42091206106
Directly adjoining
Pennsylvania
Montour County
42093050100
Generating unit retirement
Pennsylvania
Montour County
42093050400
Directly adjoining
Pennsylvania
Northampton County
42095015300
Directly adjoining
Pennsylvania
Northampton County
42095015400
Directly adjoining
Pennsylvania
Northampton County
42095018200
Generating unit retirement
Pennsylvania
Northampton County
42095018300
Directly adjoining
Pennsylvania
Northumberland County
42097080100
Directly adjoining
Pennsylvania
Northumberland County
42097080400
Directly adjoining
Pennsylvania
Northumberland County
42097080500
Directly adjoining
Pennsylvania
Northumberland County
42097080700
Directly adjoining
Pennsylvania
Northumberland County
42097080800
Directly adjoining
Pennsylvania
Northumberland County
42097080900
Mine closure, Directly adjoining
Pennsylvania
Northumberland County
42097081000
Directly adjoining
Pennsylvania
Northumberland County
42097081100
Mine closure, Directly adjoining
Pennsylvania
Northumberland County
42097081200
Mine closure, Directly adjoining
Pennsylvania
Northumberland County
42097081300
Directly adjoining
Pennsylvania
Northumberland County
42097081400
Mine closure, Directly adjoining
Pennsylvania
Northumberland County
42097081500
Directly adjoining
Pennsylvania
Northumberland County
42097081600
Directly adjoining
Pennsylvania
Northumberland County
42097081700
Mine closure, Directly adjoining
Pennsylvania
Northumberland County
42097081800
Mine closure, Directly adjoining
Pennsylvania
Northumberland County
42097081900
Mine closure, Directly adjoining
Pennsylvania
Northumberland County
42097082000
Directly adjoining
Pennsylvania
Northumberland County
42097082100
Directly adjoining
Pennsylvania
Northumberland County
42097082200
Directly adjoining
Pennsylvania
Northumberland County
42097082300
Mine closure, Directly adjoining
Pennsylvania
Northumberland County
42097082400
Directly adjoining
Pennsylvania
Perry County
42099030100
Directly adjoining
Pennsylvania
Potter County
42105950402
Directly adjoining
Pennsylvania
Schuylkill County
42107000100
Directly adjoining
Pennsylvania
Schuylkill County
42107000200
Directly adjoining
Pennsylvania
Schuylkill County
42107000300
Mine closure, Generating unit retirement, Directly adjoining
Pennsylvania
Schuylkill County
42107000400
Mine closure, Generating unit retirement, Directly adjoining
Pennsylvania
Schuylkill County
42107000500
Directly adjoining
Pennsylvania
Schuylkill County
42107000601
Directly adjoining
Pennsylvania
Schuylkill County
42107000602
Directly adjoining
Pennsylvania
Schuylkill County
42107000700
Mine closure, Directly adjoining
Pennsylvania
Schuylkill County
42107000800
Directly adjoining
Pennsylvania
Schuylkill County
42107000901
Mine closure, Directly adjoining
Pennsylvania
Schuylkill County
42107000902
Mine closure, Directly adjoining
Pennsylvania
Schuylkill County
42107001000
Directly adjoining
Pennsylvania
Schuylkill County
42107001100
Mine closure, Directly adjoining
Pennsylvania
Schuylkill County
42107001200
Mine closure, Directly adjoining
Pennsylvania
Schuylkill County
42107001300
Mine closure, Directly adjoining
Pennsylvania
Schuylkill County
42107001400
Mine closure, Directly adjoining
Pennsylvania
Schuylkill County
42107001500
Mine closure, Directly adjoining
Pennsylvania
Schuylkill County
42107001600
Mine closure, Directly adjoining
Pennsylvania
Schuylkill County
42107001700
Directly adjoining
Pennsylvania
Schuylkill County
42107001800
Directly adjoining
Pennsylvania
Schuylkill County
42107001902
Directly adjoining
Pennsylvania
Schuylkill County
42107002000
Directly adjoining
Pennsylvania
Schuylkill County
42107002100
Directly adjoining
Pennsylvania
Schuylkill County
42107002200
Directly adjoining
Pennsylvania
Schuylkill County
42107002300
Directly adjoining
Pennsylvania
Schuylkill County
42107002400
Mine closure, Directly adjoining
Pennsylvania
Schuylkill County
42107002500
Mine closure, Directly adjoining
Pennsylvania
Schuylkill County
42107002600
Directly adjoining
Pennsylvania
Schuylkill County
42107002700
Directly adjoining
Pennsylvania
Schuylkill County
42107002800
Directly adjoining
Pennsylvania
Schuylkill County
42107002900
Directly adjoining
Pennsylvania
Schuylkill County
42107003000
Directly adjoining
Pennsylvania
Schuylkill County
42107003200
Directly adjoining
Pennsylvania
Schuylkill County
42107003400
Directly adjoining
Pennsylvania
Schuylkill County
42107003500
Mine closure, Directly adjoining
Pennsylvania
Schuylkill County
42107003600
Directly adjoining
Pennsylvania
Schuylkill County
42107003700
Mine closure, Directly adjoining
Pennsylvania
Schuylkill County
42107003800
Directly adjoining
Pennsylvania
Schuylkill County
42107003900
Mine closure, Directly adjoining
Pennsylvania
Snyder County
42109070100
Generating unit retirement, Directly adjoining
Pennsylvania
Snyder County
42109070200
Directly adjoining
Pennsylvania
Snyder County
42109070600
Directly adjoining
Pennsylvania
Snyder County
42109070701
Directly adjoining
Pennsylvania
Somerset County
42111020101
Directly adjoining
Pennsylvania
Somerset County
42111020102
Directly adjoining
Pennsylvania
Somerset County
42111020200
Mine closure, Directly adjoining
Pennsylvania
Somerset County
42111020300
Directly adjoining
Pennsylvania
Somerset County
42111020400
Mine closure, Directly adjoining
Pennsylvania
Somerset County
42111020500
Mine closure, Directly adjoining
Pennsylvania
Somerset County
42111020601
Mine closure, Directly adjoining
Pennsylvania
Somerset County
42111020602
Mine closure, Directly adjoining
Pennsylvania
Somerset County
42111020700
Mine closure, Directly adjoining
Pennsylvania
Somerset County
42111020801
Directly adjoining
Pennsylvania
Somerset County
42111020802
Mine closure, Directly adjoining
Pennsylvania
Somerset County
42111020900
Mine closure, Directly adjoining
Pennsylvania
Somerset County
42111021000
Directly adjoining
Pennsylvania
Somerset County
42111021100
Mine closure, Directly adjoining
Pennsylvania
Somerset County
42111021200
Mine closure, Directly adjoining
Pennsylvania
Somerset County
42111021300
Mine closure, Directly adjoining
Pennsylvania
Somerset County
42111021400
Mine closure, Directly adjoining
Pennsylvania
Somerset County
42111021500
Mine closure, Directly adjoining
Pennsylvania
Somerset County
42111021600
Directly adjoining
Pennsylvania
Somerset County
42111021700
Mine closure, Directly adjoining
Pennsylvania
Somerset County
42111021800
Mine closure, Directly adjoining
Pennsylvania
Somerset County
42111021902
Directly adjoining
Pennsylvania
Somerset County
42111021903
Directly adjoining
Pennsylvania
Somerset County
42111021904
Directly adjoining
Pennsylvania
Sullivan County
42113960101
Directly adjoining
Pennsylvania
Sullivan County
42113960102
Mine closure
Pennsylvania
Sullivan County
42113960201
Directly adjoining
Pennsylvania
Union County
42119090400
Directly adjoining
Pennsylvania
Venango County
42121200201
Directly adjoining
Pennsylvania
Venango County
42121200202
Directly adjoining
Pennsylvania
Venango County
42121201100
Directly adjoining
Pennsylvania
Venango County
42121201200
Directly adjoining
Pennsylvania
Venango County
42121201300
Directly adjoining
Pennsylvania
Venango County
42121201400
Directly adjoining
Pennsylvania
Venango County
42121201500
Mine closure, Directly adjoining
Pennsylvania
Washington County
42125711000
Mine closure, Directly adjoining
Pennsylvania
Washington County
42125712700
Directly adjoining
Pennsylvania
Washington County
42125713700
Mine closure, Directly adjoining
Pennsylvania
Washington County
42125714000
Mine closure, Directly adjoining
Pennsylvania
Washington County
42125715700
Directly adjoining
Pennsylvania
Washington County
42125721000
Mine closure, Directly adjoining
Pennsylvania
Washington County
42125722700
Directly adjoining
Pennsylvania
Washington County
42125731000
Directly adjoining
Pennsylvania
Washington County
42125741100
Directly adjoining
Pennsylvania
Washington County
42125745200
Directly adjoining
Pennsylvania
Washington County
42125746301
Directly adjoining
Pennsylvania
Washington County
42125746302
Directly adjoining
Pennsylvania
Washington County
42125751100
Directly adjoining
Pennsylvania
Washington County
42125755200
Directly adjoining
Pennsylvania
Washington County
42125755700
Directly adjoining
Pennsylvania
Washington County
42125761000
Mine closure, Directly adjoining
Pennsylvania
Washington County
42125762000
Directly adjoining
Pennsylvania
Washington County
42125763700
Directly adjoining
Pennsylvania
Washington County
42125764000
Directly adjoining
Pennsylvania
Washington County
42125771100
Mine closure, Generating unit retirement, Directly adjoining
Pennsylvania
Washington County
42125771200
Mine closure, Directly adjoining
Pennsylvania
Washington County
42125772700
Mine closure, Directly adjoining
Pennsylvania
Washington County
42125773100
Directly adjoining
Pennsylvania
Washington County
42125773200
Directly adjoining
Pennsylvania
Washington County
42125774700
Directly adjoining
Pennsylvania
Washington County
42125781700
Directly adjoining
Pennsylvania
Washington County
42125795700
Mine closure, Directly adjoining
Pennsylvania
Washington County
42125795900
Directly adjoining
Pennsylvania
Washington County
42125796000
Directly adjoining
Pennsylvania
Westmoreland County
42129801200
Directly adjoining
Pennsylvania
Westmoreland County
42129801600
Directly adjoining
Pennsylvania
Westmoreland County
42129801701
Directly adjoining
Pennsylvania
Westmoreland County
42129801702
Directly adjoining
Pennsylvania
Westmoreland County
42129801703
Mine closure, Directly adjoining
Pennsylvania
Westmoreland County
42129801801
Directly adjoining
Pennsylvania
Westmoreland County
42129801802
Directly adjoining
Pennsylvania
Westmoreland County
42129801901
Mine closure, Directly adjoining
Pennsylvania
Westmoreland County
42129801902
Mine closure, Directly adjoining
Pennsylvania
Westmoreland County
42129802001
Directly adjoining
Pennsylvania
Westmoreland County
42129802003
Directly adjoining
Pennsylvania
Westmoreland County
42129802004
Directly adjoining
Pennsylvania
Westmoreland County
42129802101
Directly adjoining
Pennsylvania
Westmoreland County
42129802400
Directly adjoining
Pennsylvania
Westmoreland County
42129803302
Directly adjoining
Pennsylvania
Westmoreland County
42129803400
Directly adjoining
Pennsylvania
Westmoreland County
42129803501
Directly adjoining
Pennsylvania
Westmoreland County
42129803800
Directly adjoining
Pennsylvania
Westmoreland County
42129804400
Directly adjoining
Pennsylvania
Westmoreland County
42129804501
Mine closure
Pennsylvania
Westmoreland County
42129804503
Directly adjoining
Pennsylvania
Westmoreland County
42129804504
Directly adjoining
Pennsylvania
Westmoreland County
42129804600
Directly adjoining
Pennsylvania
Westmoreland County
42129804701
Directly adjoining
Pennsylvania
Westmoreland County
42129804705
Directly adjoining
Pennsylvania
Westmoreland County
42129804706
Directly adjoining
Pennsylvania
Westmoreland County
42129804901
Directly adjoining
Pennsylvania
Westmoreland County
42129804902
Directly adjoining
Pennsylvania
Westmoreland County
42129805000
Directly adjoining
Pennsylvania
Westmoreland County
42129805100
Mine closure, Directly adjoining
Pennsylvania
Westmoreland County
42129805800
Directly adjoining
Pennsylvania
Westmoreland County
42129805901
Directly adjoining
Pennsylvania
Westmoreland County
42129805903
Directly adjoining
Pennsylvania
Westmoreland County
42129805904
Directly adjoining
Pennsylvania
Westmoreland County
42129806000
Directly adjoining
Pennsylvania
Westmoreland County
42129806100
Mine closure, Directly adjoining
Pennsylvania
Westmoreland County
42129806200
Mine closure, Directly adjoining
Pennsylvania
Westmoreland County
42129806500
Directly adjoining
Pennsylvania
Westmoreland County
42129806600
Mine closure, Directly adjoining
Pennsylvania
Westmoreland County
42129806700
Directly adjoining
Pennsylvania
Westmoreland County
42129806900
Directly adjoining
Pennsylvania
Westmoreland County
42129807000
Directly adjoining
Pennsylvania
Westmoreland County
42129807100
Directly adjoining
Pennsylvania
Westmoreland County
42129807201
Directly adjoining
Pennsylvania
Westmoreland County
42129807202
Directly adjoining
Pennsylvania
Westmoreland County
42129807300
Mine closure, Directly adjoining
Pennsylvania
Westmoreland County
42129807401
Mine closure, Directly adjoining
Pennsylvania
Westmoreland County
42129807403
Directly adjoining
Pennsylvania
Westmoreland County
42129807404
Directly adjoining
Pennsylvania
Westmoreland County
42129807500
Directly adjoining
Pennsylvania
Westmoreland County
42129807600
Directly adjoining
Pennsylvania
Westmoreland County
42129807700
Directly adjoining
Pennsylvania
Westmoreland County
42129807800
Directly adjoining
Pennsylvania
Westmoreland County
42129807901
Mine closure, Directly adjoining
Pennsylvania
Westmoreland County
42129807902
Directly adjoining
Pennsylvania
Westmoreland County
42129808100
Mine closure, Directly adjoining
Pennsylvania
Westmoreland County
42129808200
Directly adjoining
Pennsylvania
Westmoreland County
42129808300
Mine closure, Directly adjoining
Pennsylvania
Westmoreland County
42129808401
Directly adjoining
Pennsylvania
Westmoreland County
42129808402
Directly adjoining
Pennsylvania
Westmoreland County
42129808600
Directly adjoining
Pennsylvania
York County
42133020522
Directly adjoining
Pennsylvania
York County
42133020523
Generating unit retirement
Pennsylvania
York County
42133020524
Directly adjoining
Pennsylvania
York County
42133021712
Directly adjoining
Rhode Island
Newport County
44005990000
Directly adjoining
South Carolina
Aiken County
45003021902
Directly adjoining
South Carolina
Aiken County
45003022001
Directly adjoining
South Carolina
Aiken County
45003022004
Directly adjoining
South Carolina
Aiken County
45003022100
Directly adjoining
South Carolina
Aiken County
45003980100
Generating unit retirement
South Carolina
Anderson County
45007010403
Directly adjoining
South Carolina
Anderson County
45007010405
Directly adjoining
South Carolina
Anderson County
45007010406
Generating unit retirement
South Carolina
Anderson County
45007011203
Directly adjoining
South Carolina
Anderson County
45007011204
Directly adjoining
South Carolina
Anderson County
45007011302
Directly adjoining
South Carolina
Anderson County
45007011401
Directly adjoining
South Carolina
Anderson County
45007011402
Directly adjoining
South Carolina
Barnwell County
45011970102
Directly adjoining
South Carolina
Barnwell County
45011980100
Directly adjoining
South Carolina
Berkeley County
45015020101
Directly adjoining
South Carolina
Berkeley County
45015020201
Directly adjoining
South Carolina
Berkeley County
45015020202
Directly adjoining
South Carolina
Berkeley County
45015020301
Directly adjoining
South Carolina
Berkeley County
45015020303
Directly adjoining
South Carolina
Berkeley County
45015020304
Generating unit retirement
South Carolina
Berkeley County
45015020401
Directly adjoining
South Carolina
Berkeley County
45015020503
Directly adjoining
South Carolina
Berkeley County
45015020504
Directly adjoining
South Carolina
Berkeley County
45015020506
Directly adjoining
South Carolina
Cherokee County
45021970101
Directly adjoining
South Carolina
Cherokee County
45021970203
Directly adjoining
South Carolina
Cherokee County
45021970204
Directly adjoining
South Carolina
Cherokee County
45021970401
Directly adjoining
South Carolina
Chesterfield County
45025950701
Directly adjoining
South Carolina
Chesterfield County
45025950800
Directly adjoining
South Carolina
Colleton County
45029970100
Directly adjoining
South Carolina
Colleton County
45029970200
Directly adjoining
South Carolina
Colleton County
45029970301
Directly adjoining
South Carolina
Colleton County
45029970401
Generating unit retirement
South Carolina
Colleton County
45029970402
Directly adjoining
South Carolina
Colleton County
45029970502
Directly adjoining
South Carolina
Colleton County
45029970601
Directly adjoining
South Carolina
Colleton County
45029970702
Directly adjoining
South Carolina
Darlington County
45031010100
Directly adjoining
South Carolina
Darlington County
45031010200
Generating unit retirement
South Carolina
Darlington County
45031010300
Directly adjoining
South Carolina
Darlington County
45031010400
Directly adjoining
South Carolina
Darlington County
45031010600
Directly adjoining
South Carolina
Darlington County
45031010902
Directly adjoining
South Carolina
Dorchester County
45035010100
Directly adjoining
South Carolina
Greenville County
45045003202
Directly adjoining
South Carolina
Greenville County
45045003301
Directly adjoining
South Carolina
Horry County
45051060101
Directly adjoining
South Carolina
Horry County
45051060403
Directly adjoining
South Carolina
Horry County
45051070200
Directly adjoining
South Carolina
Horry County
45051070300
Generating unit retirement
South Carolina
Horry County
45051070400
Directly adjoining
South Carolina
Horry County
45051070500
Directly adjoining
South Carolina
Horry County
45051070701
Directly adjoining
South Carolina
Horry County
45051070702
Directly adjoining
South Carolina
Jasper County
45053950100
Directly adjoining
South Carolina
Jasper County
45053950301
Directly adjoining
South Carolina
Jasper County
45053950302
Directly adjoining
South Dakota
Custer County
46033965100
Directly adjoining
South Dakota
Lawrence County
46081966601
Directly adjoining
South Dakota
Meade County
46093020200
Directly adjoining
South Dakota
Meade County
46093020302
Directly adjoining
South Dakota
Meade County
46093020303
Directly adjoining
South Dakota
Meade County
46093020500
Directly adjoining
South Dakota
Pennington County
46103010202
Directly adjoining
South Dakota
Pennington County
46103010300
Directly adjoining
South Dakota
Pennington County
46103010400
Directly adjoining
South Dakota
Pennington County
46103010906
Directly adjoining
South Dakota
Pennington County
46103010908
Directly adjoining
South Dakota
Pennington County
46103011200
Directly adjoining
South Dakota
Pennington County
46103011300
Directly adjoining
South Dakota
Pennington County
46103011400
Generating unit retirement
South Dakota
Pennington County
46103011700
Directly adjoining
South Dakota
Pennington County
46103011800
Directly adjoining
Tennessee
Anderson County
47001020201
Directly adjoining
Tennessee
Anderson County
47001020400
Directly adjoining
Tennessee
Anderson County
47001020700
Mine closure, Directly adjoining
Tennessee
Anderson County
47001020800
Directly adjoining
Tennessee
Anderson County
47001020901
Directly adjoining
Tennessee
Anderson County
47001021001
Mine closure, Directly adjoining
Tennessee
Anderson County
47001021002
Directly adjoining
Tennessee
Anderson County
47001021100
Directly adjoining
Tennessee
Anderson County
47001021201
Directly adjoining
Tennessee
Anderson County
47001021303
Directly adjoining
Tennessee
Anderson County
47001021304
Generating unit retirement
Tennessee
Benton County
47005963100
Directly adjoining
Tennessee
Benton County
47005963200
Directly adjoining
Tennessee
Benton County
47005963400
Directly adjoining
Tennessee
Bledsoe County
47007953000
Directly adjoining
Tennessee
Bledsoe County
47007953101
Directly adjoining
Tennessee
Bledsoe County
47007953102
Directly adjoining
Tennessee
Bledsoe County
47007953200
Mine closure, Directly adjoining
Tennessee
Campbell County
47013950100
Mine closure, Directly adjoining
Tennessee
Campbell County
47013950200
Mine closure, Directly adjoining
Tennessee
Campbell County
47013950300
Mine closure, Directly adjoining
Tennessee
Campbell County
47013950400
Mine closure, Directly adjoining
Tennessee
Campbell County
47013950500
Directly adjoining
Tennessee
Campbell County
47013950601
Directly adjoining
Tennessee
Campbell County
47013950701
Directly adjoining
Tennessee
Campbell County
47013950800
Directly adjoining
Tennessee
Campbell County
47013951100
Directly adjoining
Tennessee
Claiborne County
47025970200
Directly adjoining
Tennessee
Claiborne County
47025970300
Directly adjoining
Tennessee
Claiborne County
47025970400
Mine closure, Directly adjoining
Tennessee
Claiborne County
47025970500
Mine closure, Directly adjoining
Tennessee
Claiborne County
47025970600
Directly adjoining
Tennessee
Cumberland County
47035970101
Directly adjoining
Tennessee
Cumberland County
47035970104
Directly adjoining
Tennessee
Cumberland County
47035970201
Directly adjoining
Tennessee
Cumberland County
47035970603
Directly adjoining
Tennessee
Cumberland County
47035970702
Directly adjoining
Tennessee
Cumberland County
47035970800
Mine closure
Tennessee
Davidson County
47037014400
Directly adjoining
Tennessee
Davidson County
47037016400
Directly adjoining
Tennessee
Davidson County
47037016500
Generating unit retirement
Tennessee
Davidson County
47037016600
Directly adjoining
Tennessee
Davidson County
47037016800
Directly adjoining
Tennessee
Davidson County
47037019501
Directly adjoining
Tennessee
Fentress County
47049965000
Directly adjoining
Tennessee
Fentress County
47049965100
Directly adjoining
Tennessee
Fentress County
47049965201
Mine closure
Tennessee
Fentress County
47049965202
Directly adjoining
Tennessee
Fentress County
47049965300
Directly adjoining
Tennessee
Franklin County
47051960600
Directly adjoining
Tennessee
Franklin County
47051960700
Directly adjoining
Tennessee
Greene County
47059091200
Directly adjoining
Tennessee
Greene County
47059091300
Directly adjoining
Tennessee
Greene County
47059091400
Directly adjoining
Tennessee
Grundy County
47061955000
Directly adjoining
Tennessee
Grundy County
47061955200
Mine closure, Directly adjoining
Tennessee
Grundy County
47061955300
Directly adjoining
Tennessee
Hamblen County
47063101000
Directly adjoining
Tennessee
Hawkins County
47073050100
Directly adjoining
Tennessee
Hawkins County
47073050200
Directly adjoining
Tennessee
Hawkins County
47073050301
Directly adjoining
Tennessee
Hawkins County
47073050302
Directly adjoining
Tennessee
Hawkins County
47073050400
Directly adjoining
Tennessee
Hawkins County
47073050700
Directly adjoining
Tennessee
Hawkins County
47073050800
Generating unit retirement
Tennessee
Hawkins County
47073050900
Directly adjoining
Tennessee
Humphreys County
47085130200
Directly adjoining
Tennessee
Humphreys County
47085130300
Directly adjoining
Tennessee
Humphreys County
47085130400
Directly adjoining
Tennessee
Humphreys County
47085130500
Generating unit retirement
Tennessee
Knox County
47093005908
Directly adjoining
Tennessee
Knox County
47093006003
Directly adjoining
Tennessee
Knox County
47093006103
Directly adjoining
Tennessee
Marion County
47115050102
Directly adjoining
Tennessee
Marion County
47115050203
Directly adjoining
Tennessee
Marion County
47115050302
Directly adjoining
Tennessee
Meigs County
47121960100
Directly adjoining
Tennessee
Meigs County
47121960200
Directly adjoining
Tennessee
Morgan County
47129110100
Directly adjoining
Tennessee
Morgan County
47129110200
Directly adjoining
Tennessee
Morgan County
47129110300
Directly adjoining
Tennessee
Morgan County
47129110400
Mine closure, Directly adjoining
Tennessee
Morgan County
47129110500
Directly adjoining
Tennessee
Rhea County
47143975000
Directly adjoining
Tennessee
Rhea County
47143975100
Generating unit retirement
Tennessee
Rhea County
47143975200
Directly adjoining
Tennessee
Roane County
47145030500
Directly adjoining
Tennessee
Roane County
47145030802
Directly adjoining
Tennessee
Roane County
47145030900
Directly adjoining
Tennessee
Scott County
47151975000
Directly adjoining
Tennessee
Scott County
47151975101
Directly adjoining
Tennessee
Scott County
47151975102
Directly adjoining
Tennessee
Scott County
47151975200
Directly adjoining
Tennessee
Scott County
47151975300
Mine closure, Directly adjoining
Tennessee
Scott County
47151975400
Directly adjoining
Tennessee
Sequatchie County
47153060102
Mine closure, Directly adjoining
Tennessee
Sequatchie County
47153060103
Directly adjoining
Tennessee
Sequatchie County
47153060104
Directly adjoining
Tennessee
Shelby County
47157004300
Directly adjoining
Tennessee
Shelby County
47157005300
Directly adjoining
Tennessee
Shelby County
47157011700
Directly adjoining
Tennessee
Shelby County
47157022210
Directly adjoining
Tennessee
Shelby County
47157022220
Directly adjoining
Tennessee
Shelby County
47157980200
Generating unit retirement, Directly adjoining
Tennessee
Shelby County
47157980300
Generating unit retirement, Directly adjoining
Tennessee
Union County
47173040300
Directly adjoining
Tennessee
Van Buren County
47175925000
Directly adjoining
Tennessee
Warren County
47177930900
Directly adjoining
Texas
Anderson County
48001950402
Directly adjoining
Texas
Anderson County
48001951100
Directly adjoining
Texas
Archer County
48009020200
Directly adjoining
Texas
Bastrop County
48021950102
Directly adjoining
Texas
Baylor County
48023950302
Directly adjoining
Texas
Bexar County
48029131401
Directly adjoining
Texas
Bexar County
48029131402
Directly adjoining
Texas
Bexar County
48029131801
Directly adjoining
Texas
Bexar County
48029131802
Directly adjoining
Texas
Bexar County
48029141700
Directly adjoining
Texas
Bexar County
48029141800
Directly adjoining
Texas
Bexar County
48029141900
Generating unit retirement
Texas
Brazos County
48041000106
Directly adjoining
Texas
Brazos County
48041002010
Directly adjoining
Texas
Brazos County
48041002016
Directly adjoining
Texas
Burleson County
48051970202
Directly adjoining
Texas
Camp County
48063950101
Directly adjoining
Texas
Camp County
48063950102
Directly adjoining
Texas
Dimmit County
48127950202
Directly adjoining
Texas
Dimmit County
48127950400
Directly adjoining
Texas
Duval County
48131950200
Directly adjoining
Texas
Duval County
48131950500
Directly adjoining
Texas
Falls County
48145000800
Directly adjoining
Texas
Foard County
48155950100
Directly adjoining
Texas
Franklin County
48159950101
Directly adjoining
Texas
Franklin County
48159950102
Directly adjoining
Texas
Franklin County
48159950300
Directly adjoining
Texas
Freestone County
48161000101
Directly adjoining
Texas
Freestone County
48161000102
Mine closure, Generating unit retirement
Texas
Freestone County
48161000200
Directly adjoining
Texas
Freestone County
48161000300
Directly adjoining
Texas
Freestone County
48161000600
Directly adjoining
Texas
Freestone County
48161000900
Directly adjoining
Texas
Gregg County
48183000201
Directly adjoining
Texas
Gregg County
48183001100
Directly adjoining
Texas
Gregg County
48183001400
Directly adjoining
Texas
Gregg County
48183001500
Directly adjoining
Texas
Gregg County
48183010501
Directly adjoining
Texas
Gregg County
48183010502
Directly adjoining
Texas
Grimes County
48185180202
Directly adjoining
Texas
Grimes County
48185180302
Directly adjoining
Texas
Grimes County
48185180303
Mine closure, Directly adjoining
Texas
Grimes County
48185180304
Generating unit retirement, Directly adjoining
Texas
Hardeman County
48197950100
Directly adjoining
Texas
Harrison County
48203020103
Mine closure, Directly adjoining
Texas
Harrison County
48203020104
Directly adjoining
Texas
Harrison County
48203020106
Directly adjoining
Texas
Harrison County
48203020301
Directly adjoining
Texas
Harrison County
48203020401
Directly adjoining
Texas
Harrison County
48203020402
Generating unit retirement, Directly adjoining
Texas
Harrison County
48203020501
Directly adjoining
Texas
Harrison County
48203020502
Directly adjoining
Texas
Harrison County
48203020603
Directly adjoining
Texas
Harrison County
48203020604
Mine closure, Generating unit retirement, Directly adjoining
Texas
Harrison County
48203020605
Directly adjoining
Texas
Harrison County
48203020606
Directly adjoining
Texas
Henderson County
48213950902
Directly adjoining
Texas
Hopkins County
48223950200
Directly adjoining
Texas
Hopkins County
48223950301
Directly adjoining
Texas
Hopkins County
48223950302
Mine closure
Texas
Hopkins County
48223950401
Directly adjoining
Texas
Hopkins County
48223950402
Directly adjoining
Texas
Hopkins County
48223950500
Directly adjoining
Texas
Hopkins County
48223950600
Directly adjoining
Texas
Hopkins County
48223950700
Directly adjoining
Texas
Hopkins County
48223950800
Directly adjoining
Texas
Kinney County
48271950100
Directly adjoining
Texas
La Salle County
48283950302
Directly adjoining
Texas
Lee County
48287000100
Mine closure, Directly adjoining
Texas
Lee County
48287000200
Directly adjoining
Texas
Limestone County
48293970800
Directly adjoining
Texas
McMullen County
48311950100
Directly adjoining
Texas
Madison County
48313000200
Directly adjoining
Texas
Madison County
48313000300
Directly adjoining
Texas
Maverick County
48323950207
Directly adjoining
Texas
Maverick County
48323950500
Directly adjoining
Texas
Maverick County
48323950701
Directly adjoining
Texas
Maverick County
48323950702
Mine closure
Texas
Milam County
48331950100
Directly adjoining
Texas
Milam County
48331950300
Directly adjoining
Texas
Milam County
48331950800
Mine closure, Generating unit retirement, Directly adjoining
Texas
Morris County
48343950100
Directly adjoining
Texas
Morris County
48343950200
Directly adjoining
Texas
Navarro County
48349970600
Directly adjoining
Texas
Panola County
48365950100
Directly adjoining
Texas
Panola County
48365950200
Mine closure, Directly adjoining
Texas
Panola County
48365950300
Directly adjoining
Texas
Panola County
48365950500
Directly adjoining
Texas
Robertson County
48395960100
Mine closure
Texas
Robertson County
48395960200
Directly adjoining
Texas
Robertson County
48395960300
Directly adjoining
Texas
Rusk County
48401950101
Directly adjoining
Texas
Rusk County
48401950102
Mine closure, Directly adjoining
Texas
Rusk County
48401950200
Directly adjoining
Texas
Rusk County
48401950501
Mine closure, Directly adjoining
Texas
Rusk County
48401950502
Directly adjoining
Texas
Rusk County
48401950600
Directly adjoining
Texas
Rusk County
48401950700
Directly adjoining
Texas
Rusk County
48401950800
Directly adjoining
Texas
Rusk County
48401950900
Directly adjoining
Texas
Rusk County
48401951000
Directly adjoining
Texas
Rusk County
48401951100
Directly adjoining
Texas
Titus County
48449950100
Directly adjoining
Texas
Titus County
48449950200
Mine closure, Generating unit retirement
Texas
Titus County
48449950301
Directly adjoining
Texas
Titus County
48449950302
Directly adjoining
Texas
Titus County
48449950400
Generating unit retirement
Texas
Titus County
48449950500
Directly adjoining
Texas
Titus County
48449950800
Directly adjoining
Texas
Webb County
48479001710
Mine closure
Texas
Webb County
48479001711
Directly adjoining
Texas
Webb County
48479001714
Directly adjoining
Texas
Webb County
48479001726
Directly adjoining
Texas
Webb County
48479001727
Directly adjoining
Texas
Webb County
48479001815
Directly adjoining
Texas
Webb County
48479001816
Directly adjoining
Texas
Wichita County
48485013700
Directly adjoining
Texas
Wichita County
48485013800
Directly adjoining
Texas
Wilbarger County
48487950300
Generating unit retirement
Texas
Wilbarger County
48487950500
Directly adjoining
Texas
Wilbarger County
48487950600
Directly adjoining
Texas
Wilbarger County
48487950700
Directly adjoining
Texas
Williamson County
48491020900
Directly adjoining
Texas
Williamson County
48491021300
Directly adjoining
Texas
Wilson County
48493000103
Directly adjoining
Texas
Wilson County
48493000201
Directly adjoining
Texas
Wilson County
48493000405
Directly adjoining
Texas
Wilson County
48493000406
Directly adjoining
Utah
Carbon County
49007000100
Directly adjoining
Utah
Carbon County
49007000200
Directly adjoining
Utah
Carbon County
49007000300
Mine closure, Directly adjoining
Utah
Carbon County
49007000500
Mine closure, Directly adjoining
Utah
Carbon County
49007000600
Mine closure, Generating unit retirement, Directly adjoining
Utah
Daggett County
49009960100
Directly adjoining
Utah
Duchesne County
49013940300
Directly adjoining
Utah
Duchesne County
49013940600
Directly adjoining
Utah
Emery County
49015976200
Mine closure, Directly adjoining
Utah
Emery County
49015976300
Mine closure, Directly adjoining
Utah
Emery County
49015976500
Mine closure, Directly adjoining
Utah
Garfield County
49017000300
Directly adjoining
Utah
Garfield County
49017000400
Directly adjoining
Utah
Grand County
49019000302
Directly adjoining
Utah
Iron County
49021110100
Directly adjoining
Utah
Iron County
49021110602
Directly adjoining
Utah
Kane County
49025130100
Mine closure
Utah
Kane County
49025130200
Directly adjoining
Utah
Salt Lake County
49035113105
Directly adjoining
Utah
Salt Lake County
49035113526
Directly adjoining
Utah
Salt Lake County
49035113540
Directly adjoining
Utah
Salt Lake County
49035113541
Directly adjoining
Utah
Salt Lake County
49035113542
Directly adjoining
Utah
Salt Lake County
49035113545
Directly adjoining
Utah
Salt Lake County
49035113905
Directly adjoining
Utah
Salt Lake County
49035113906
Directly adjoining
Utah
Salt Lake County
49035113908
Directly adjoining
Utah
Salt Lake County
49035113909
Generating unit retirement
Utah
Salt Lake County
49035114303
Directly adjoining
Utah
San Juan County
49037942100
Directly adjoining
Utah
San Juan County
49037978100
Directly adjoining
Utah
San Juan County
49037978200
Directly adjoining
Utah
Sanpete County
49039972101
Directly adjoining
Utah
Sanpete County
49039972102
Directly adjoining
Utah
Sanpete County
49039972500
Directly adjoining
Utah
Sevier County
49041975100
Directly adjoining
Utah
Sevier County
49041975200
Directly adjoining
Utah
Tooele County
49045130701
Directly adjoining
Utah
Uintah County
49047940201
Directly adjoining
Utah
Uintah County
49047968201
Directly adjoining
Utah
Utah County
49049010900
Directly adjoining
Utah
Washington County
49053270102
Directly adjoining
Utah
Wayne County
49055979100
Directly adjoining
Virginia
Alleghany County
51005080201
Directly adjoining
Virginia
Alleghany County
51005080202
Directly adjoining
Virginia
Alleghany County
51005080301
Generating unit retirement
Virginia
Alleghany County
51005080302
Directly adjoining
Virginia
Augusta County
51015070500
Directly adjoining
Virginia
Augusta County
51015071201
Directly adjoining
Virginia
Augusta County
51015071202
Directly adjoining
Virginia
Bath County
51017920102
Directly adjoining
Virginia
Bland County
51021040100
Directly adjoining
Virginia
Brunswick County
51025930302
Directly adjoining
Virginia
Buchanan County
51027010100
Mine closure, Directly adjoining
Virginia
Buchanan County
51027010200
Mine closure, Directly adjoining
Virginia
Buchanan County
51027010300
Mine closure, Directly adjoining
Virginia
Buchanan County
51027010400
Mine closure, Directly adjoining
Virginia
Buchanan County
51027010500
Mine closure, Directly adjoining
Virginia
Buchanan County
51027010600
Mine closure, Directly adjoining
Virginia
Buchanan County
51027010700
Mine closure, Directly adjoining
Virginia
Charles City County
51036600100
Directly adjoining
Virginia
Chesterfield County
51041100300
Directly adjoining
Virginia
Chesterfield County
51041100403
Generating unit retirement
Virginia
Chesterfield County
51041100404
Directly adjoining
Virginia
Chesterfield County
51041100407
Directly adjoining
Virginia
Chesterfield County
51041100409
Directly adjoining
Virginia
Chesterfield County
51041100505
Directly adjoining
Virginia
Chesterfield County
51041100509
Directly adjoining
Virginia
Chesterfield County
51041100510
Directly adjoining
Virginia
Dickenson County
51051040100
Mine closure, Directly adjoining
Virginia
Dickenson County
51051040200
Mine closure, Directly adjoining
Virginia
Dickenson County
51051040300
Mine closure, Directly adjoining
Virginia
Dickenson County
51051040400
Mine closure, Directly adjoining
Virginia
Giles County
51071930200
Directly adjoining
Virginia
Giles County
51071930300
Generating unit retirement
Virginia
Giles County
51071930400
Directly adjoining
Virginia
Gloucester County
51073100500
Directly adjoining
Virginia
Henrico County
51087201601
Directly adjoining
Virginia
Henrico County
51087201602
Directly adjoining
Virginia
Henry County
51089010500
Directly adjoining
Virginia
King George County
51099040301
Directly adjoining
Virginia
King George County
51099040302
Generating unit retirement
Virginia
King George County
51099040400
Directly adjoining
Virginia
Lee County
51105950100
Mine closure, Directly adjoining
Virginia
Lee County
51105950200
Directly adjoining
Virginia
Lee County
51105950301
Directly adjoining
Virginia
Lee County
51105950500
Directly adjoining
Virginia
Lee County
51105950600
Directly adjoining
Virginia
Loudoun County
51107610300
Directly adjoining
Virginia
Loudoun County
51107610503
Directly adjoining
Virginia
Loudoun County
51107610507
Directly adjoining
Virginia
Loudoun County
51107611002
Directly adjoining
Virginia
Loudoun County
51107611009
Directly adjoining
Virginia
Loudoun County
51107611010
Directly adjoining
Virginia
Loudoun County
51107611101
Directly adjoining
Virginia
Loudoun County
51107611102
Directly adjoining
Virginia
Loudoun County
51107611202
Directly adjoining
Virginia
Loudoun County
51107611206
Directly adjoining
Virginia
Loudoun County
51107611208
Directly adjoining
Virginia
Mecklenburg County
51117930103
Directly adjoining
Virginia
Mecklenburg County
51117930104
Directly adjoining
Virginia
Mecklenburg County
51117930300
Directly adjoining
Virginia
Mecklenburg County
51117930600
Directly adjoining
Virginia
Mecklenburg County
51117930700
Generating unit retirement
Virginia
Mecklenburg County
51117930800
Directly adjoining
Virginia
Pittsylvania County
51143011100
Directly adjoining
Virginia
Prince George County
51149850302
Directly adjoining
Virginia
Russell County
51167030100
Mine closure, Directly adjoining
Virginia
Russell County
51167030201
Mine closure, Directly adjoining
Virginia
Russell County
51167030202
Directly adjoining
Virginia
Russell County
51167030300
Directly adjoining
Virginia
Russell County
51167030402
Directly adjoining
Virginia
Russell County
51167030403
Directly adjoining
Virginia
Russell County
51167030404
Directly adjoining
Virginia
Russell County
51167030500
Directly adjoining
Virginia
Russell County
51167030600
Mine closure, Generating unit retirement, Directly adjoining
Virginia
Scott County
51169030200
Directly adjoining
Virginia
Scott County
51169030300
Mine closure, Directly adjoining
Virginia
Scott County
51169030400
Directly adjoining
Virginia
Stafford County
51179010106
Directly adjoining
Virginia
Stafford County
51179010503
Directly adjoining
Virginia
Stafford County
51179010504
Directly adjoining
Virginia
Tazewell County
51185020100
Directly adjoining
Virginia
Tazewell County
51185020301
Mine closure, Directly adjoining
Virginia
Tazewell County
51185020302
Mine closure, Directly adjoining
Virginia
Tazewell County
51185020400
Mine closure, Directly adjoining
Virginia
Tazewell County
51185020500
Mine closure, Directly adjoining
Virginia
Tazewell County
51185020600
Directly adjoining
Virginia
Tazewell County
51185020800
Directly adjoining
Virginia
Tazewell County
51185020900
Mine closure, Directly adjoining
Virginia
Tazewell County
51185021000
Directly adjoining
Virginia
Tazewell County
51185021101
Directly adjoining
Virginia
Wise County
51195930700
Mine closure, Directly adjoining
Virginia
Wise County
51195930800
Mine closure, Directly adjoining
Virginia
Wise County
51195930900
Mine closure, Directly adjoining
Virginia
Wise County
51195931000
Mine closure, Directly adjoining
Virginia
Wise County
51195931100
Mine closure, Directly adjoining
Virginia
Wise County
51195931200
Directly adjoining
Virginia
Wise County
51195931300
Directly adjoining
Virginia
Wise County
51195931400
Mine closure, Directly adjoining
Virginia
Wise County
51195931500
Mine closure, Directly adjoining
Virginia
Wise County
51195931600
Mine closure, Directly adjoining
Virginia
Wise County
51195931700
Mine closure, Directly adjoining
Virginia
York County
51199050303
Directly adjoining
Virginia
York County
51199050306
Directly adjoining
Virginia
York County
51199050401
Generating unit retirement
Virginia
York County
51199050402
Directly adjoining
Virginia
York County
51199050500
Directly adjoining
Virginia
York County
51199990100
Directly adjoining
Virginia
Alexandria city
51510201601
Directly adjoining
Virginia
Alexandria city
51510201602
Directly adjoining
Virginia
Alexandria city
51510201802
Directly adjoining
Virginia
Alexandria city
51510201803
Directly adjoining
Virginia
Alexandria city
51510201805
Generating unit retirement
Virginia
Alexandria city
51510980000
Directly adjoining
Virginia
Chesapeake city
51550020200
Directly adjoining
Virginia
Chesapeake city
51550020300
Directly adjoining
Virginia
Chesapeake city
51550020400
Generating unit retirement
Virginia
Chesapeake city
51550020500
Directly adjoining
Virginia
Chesapeake city
51550020600
Directly adjoining
Virginia
Chesapeake city
51550020903
Directly adjoining
Virginia
Chesapeake city
51550020910
Directly adjoining
Virginia
Chesapeake city
51550021301
Directly adjoining
Virginia
Chesapeake city
51550021304
Directly adjoining
Virginia
Chesapeake city
51550021401
Directly adjoining
Virginia
Chesapeake city
51550021402
Generating unit retirement
Virginia
Chesapeake city
51550021403
Directly adjoining
Virginia
Chesapeake city
51550021405
Directly adjoining
Virginia
Covington city
51580060100
Directly adjoining
Virginia
Covington city
51580060200
Directly adjoining
Virginia
Hampton city
51650011100
Directly adjoining
Virginia
Hopewell city
51670820100
Directly adjoining
Virginia
Hopewell city
51670820300
Directly adjoining
Virginia
Hopewell city
51670820700
Directly adjoining
Virginia
Hopewell city
51670980100
Generating unit retirement
Virginia
Newport News city
51700030100
Directly adjoining
Virginia
Norfolk city
51710000902
Directly adjoining
Virginia
Norfolk city
51710002400
Directly adjoining
Virginia
Norfolk city
51710980100
Directly adjoining
Virginia
Norton city
51720960100
Directly adjoining
Virginia
Portsmouth city
51740210200
Directly adjoining
Virginia
Portsmouth city
51740210300
Directly adjoining
Virginia
Portsmouth city
51740210400
Directly adjoining
Virginia
Portsmouth city
51740213001
Generating unit retirement
Virginia
Portsmouth city
51740213002
Directly adjoining
Virginia
Portsmouth city
51740213103
Directly adjoining
Virginia
Portsmouth city
51740213104
Directly adjoining
Virginia
Richmond city
51760060800
Directly adjoining
Virginia
Richmond city
51760060900
Generating unit retirement
Virginia
Richmond city
51760070901
Directly adjoining
Virginia
Suffolk city
51800075106
Directly adjoining
Virginia
Waynesboro city
51820003100
Directly adjoining
Virginia
Waynesboro city
51820003200
Generating unit retirement
Virginia
Waynesboro city
51820003300
Directly adjoining
Virginia
Waynesboro city
51820003400
Directly adjoining
Virginia
Waynesboro city
51820003500
Directly adjoining
Washington
Benton County
53005011600
Directly adjoining
Washington
King County
53033031202
Directly adjoining
Washington
King County
53033031204
Directly adjoining
Washington
King County
53033031501
Directly adjoining
Washington
King County
53033031603
Mine closure
Washington
King County
53033031604
Directly adjoining
Washington
King County
53033031605
Directly adjoining
Washington
King County
53033032003
Directly adjoining
Washington
King County
53033032010
Directly adjoining
Washington
King County
53033032011
Directly adjoining
Washington
Klickitat County
53039950101
Directly adjoining
Washington
Lewis County
53041970400
Directly adjoining
Washington
Lewis County
53041970700
Directly adjoining
Washington
Lewis County
53041970800
Directly adjoining
Washington
Lewis County
53041971000
Directly adjoining
Washington
Lewis County
53041971100
Generating unit retirement
Washington
Lewis County
53041971200
Directly adjoining
Washington
Lewis County
53041971300
Directly adjoining
Washington
Lewis County
53041971400
Directly adjoining
Washington
Lewis County
53041971800
Directly adjoining
Washington
Thurston County
53067012531
Directly adjoining
Washington
Thurston County
53067012620
Directly adjoining
West Virginia
Barbour County
54001965500
Mine closure, Directly adjoining
West Virginia
Barbour County
54001965600
Mine closure, Directly adjoining
West Virginia
Barbour County
54001965700
Directly adjoining
West Virginia
Barbour County
54001965800
Mine closure, Directly adjoining
West Virginia
Berkeley County
54003971101
Directly adjoining
West Virginia
Berkeley County
54003971103
Directly adjoining
West Virginia
Boone County
54005958200
Mine closure, Directly adjoining
West Virginia
Boone County
54005958300
Mine closure, Directly adjoining
West Virginia
Boone County
54005958400
Directly adjoining
West Virginia
Boone County
54005958501
Mine closure, Directly adjoining
West Virginia
Boone County
54005958502
Mine closure, Directly adjoining
West Virginia
Boone County
54005958600
Mine closure, Directly adjoining
West Virginia
Boone County
54005958700
Mine closure, Directly adjoining
West Virginia
Boone County
54005958800
Mine closure, Directly adjoining
West Virginia
Braxton County
54007967900
Directly adjoining
West Virginia
Braxton County
54007968000
Directly adjoining
West Virginia
Braxton County
54007968100
Mine closure, Directly adjoining
West Virginia
Brooke County
54009031102
Mine closure, Directly adjoining
West Virginia
Brooke County
54009031103
Directly adjoining
West Virginia
Brooke County
54009031104
Mine closure, Directly adjoining
West Virginia
Brooke County
54009031200
Directly adjoining
West Virginia
Brooke County
54009031401
Directly adjoining
West Virginia
Brooke County
54009031402
Directly adjoining
West Virginia
Brooke County
54009031600
Mine closure, Directly adjoining
West Virginia
Brooke County
54009031700
Mine closure, Directly adjoining
West Virginia
Cabell County
54011010500
Directly adjoining
West Virginia
Calhoun County
54013962600
Directly adjoining
West Virginia
Calhoun County
54013962700
Directly adjoining
West Virginia
Clay County
54015957900
Directly adjoining
West Virginia
Clay County
54015958000
Mine closure, Directly adjoining
West Virginia
Clay County
54015958100
Mine closure, Directly adjoining
West Virginia
Doddridge County
54017965000
Directly adjoining
West Virginia
Fayette County
54019020101
Mine closure, Directly adjoining
West Virginia
Fayette County
54019020102
Directly adjoining
West Virginia
Fayette County
54019020201
Directly adjoining
West Virginia
Fayette County
54019020202
Directly adjoining
West Virginia
Fayette County
54019020400
Directly adjoining
West Virginia
Fayette County
54019020500
Directly adjoining
West Virginia
Fayette County
54019020600
Mine closure, Directly adjoining
West Virginia
Fayette County
54019020700
Mine closure, Directly adjoining
West Virginia
Fayette County
54019020800
Mine closure, Generating unit retirement, Directly adjoining
West Virginia
Fayette County
54019020900
Mine closure, Directly adjoining
West Virginia
Fayette County
54019021000
Mine closure, Directly adjoining
West Virginia
Fayette County
54019021100
Mine closure, Directly adjoining
West Virginia
Gilmer County
54021967701
Mine closure, Directly adjoining
West Virginia
Gilmer County
54021967800
Directly adjoining
West Virginia
Gilmer County
54021980000
Directly adjoining
West Virginia
Grant County
54023969400
Mine closure, Generating unit retirement, Directly adjoining
West Virginia
Grant County
54023969500
Directly adjoining
West Virginia
Greenbrier County
54025950102
Directly adjoining
West Virginia
Greenbrier County
54025950200
Mine closure, Directly adjoining
West Virginia
Greenbrier County
54025950300
Mine closure, Directly adjoining
West Virginia
Greenbrier County
54025950401
Directly adjoining
West Virginia
Greenbrier County
54025950402
Directly adjoining
West Virginia
Greenbrier County
54025950500
Directly adjoining
West Virginia
Greenbrier County
54025950600
Mine closure
West Virginia
Greenbrier County
54025950701
Directly adjoining
West Virginia
Greenbrier County
54025950702
Directly adjoining
West Virginia
Hampshire County
54027968401
Directly adjoining
West Virginia
Hancock County
54029020600
Directly adjoining
West Virginia
Hancock County
54029020700
Directly adjoining
West Virginia
Hancock County
54029020900
Directly adjoining
West Virginia
Hancock County
54029021100
Directly adjoining
West Virginia
Hancock County
54029021200
Directly adjoining
West Virginia
Hancock County
54029021300
Directly adjoining
West Virginia
Hancock County
54029021400
Directly adjoining
West Virginia
Hancock County
54029021500
Directly adjoining
West Virginia
Hardy County
54031970102
Directly adjoining
West Virginia
Hardy County
54031970300
Directly adjoining
West Virginia
Harrison County
54033030300
Directly adjoining
West Virginia
Harrison County
54033030501
Mine closure, Directly adjoining
West Virginia
Harrison County
54033030502
Directly adjoining
West Virginia
Harrison County
54033030601
Directly adjoining
West Virginia
Harrison County
54033030603
Directly adjoining
West Virginia
Harrison County
54033030604
Directly adjoining
West Virginia
Harrison County
54033030700
Mine closure, Directly adjoining
West Virginia
Harrison County
54033030801
Directly adjoining
West Virginia
Harrison County
54033030802
Directly adjoining
West Virginia
Harrison County
54033031000
Directly adjoining
West Virginia
Harrison County
54033031100
Mine closure, Directly adjoining
West Virginia
Harrison County
54033031200
Mine closure, Directly adjoining
West Virginia
Harrison County
54033031300
Mine closure, Directly adjoining
West Virginia
Harrison County
54033031400
Mine closure, Directly adjoining
West Virginia
Harrison County
54033031500
Mine closure, Directly adjoining
West Virginia
Harrison County
54033031600
Mine closure, Directly adjoining
West Virginia
Harrison County
54033031700
Mine closure, Directly adjoining
West Virginia
Harrison County
54033031800
Mine closure, Directly adjoining
West Virginia
Harrison County
54033031900
Directly adjoining
West Virginia
Harrison County
54033032000
Mine closure, Directly adjoining
West Virginia
Harrison County
54033032103
Directly adjoining
West Virginia
Harrison County
54033032104
Directly adjoining
West Virginia
Jackson County
54035963200
Directly adjoining
West Virginia
Jackson County
54035963300
Directly adjoining
West Virginia
Jackson County
54035963400
Directly adjoining
West Virginia
Kanawha County
54039001100
Directly adjoining
West Virginia
Kanawha County
54039001700
Directly adjoining
West Virginia
Kanawha County
54039001800
Directly adjoining
West Virginia
Kanawha County
54039010100
Directly adjoining
West Virginia
Kanawha County
54039010200
Directly adjoining
West Virginia
Kanawha County
54039010300
Directly adjoining
West Virginia
Kanawha County
54039010400
Generating unit retirement
West Virginia
Kanawha County
54039010500
Directly adjoining
West Virginia
Kanawha County
54039010602
Directly adjoining
West Virginia
Kanawha County
54039011000
Directly adjoining
West Virginia
Kanawha County
54039011200
Directly adjoining
West Virginia
Kanawha County
54039011301
Mine closure, Directly adjoining
West Virginia
Kanawha County
54039011302
Directly adjoining
West Virginia
Kanawha County
54039011401
Directly adjoining
West Virginia
Kanawha County
54039011402
Mine closure, Directly adjoining
West Virginia
Kanawha County
54039011500
Directly adjoining
West Virginia
Kanawha County
54039011800
Mine closure, Generating unit retirement, Directly adjoining
West Virginia
Kanawha County
54039012100
Mine closure, Directly adjoining
West Virginia
Kanawha County
54039012200
Mine closure, Directly adjoining
West Virginia
Kanawha County
54039012301
Directly adjoining
West Virginia
Kanawha County
54039012302
Mine closure, Directly adjoining
West Virginia
Kanawha County
54039013200
Directly adjoining
West Virginia
Kanawha County
54039013400
Directly adjoining
West Virginia
Kanawha County
54039013500
Directly adjoining
West Virginia
Kanawha County
54039013701
Directly adjoining
West Virginia
Lewis County
54041967200
Directly adjoining
West Virginia
Lewis County
54041967300
Mine closure, Directly adjoining
West Virginia
Lewis County
54041967400
Directly adjoining
West Virginia
Lewis County
54041967500
Directly adjoining
West Virginia
Lewis County
54041967600
Mine closure, Directly adjoining
West Virginia
Lincoln County
54043955401
Mine closure, Directly adjoining
West Virginia
Lincoln County
54043955402
Directly adjoining
West Virginia
Lincoln County
54043955500
Directly adjoining
West Virginia
Lincoln County
54043955600
Directly adjoining
West Virginia
Lincoln County
54043955700
Directly adjoining
West Virginia
Lincoln County
54043955800
Mine closure, Directly adjoining
West Virginia
Logan County
54045956102
Directly adjoining
West Virginia
Logan County
54045956103
Directly adjoining
West Virginia
Logan County
54045956104
Directly adjoining
West Virginia
Logan County
54045956200
Mine closure, Directly adjoining
West Virginia
Logan County
54045956400
Mine closure, Directly adjoining
West Virginia
Logan County
54045956500
Mine closure, Directly adjoining
West Virginia
Logan County
54045956600
Mine closure, Directly adjoining
West Virginia
Logan County
54045956700
Mine closure, Directly adjoining
West Virginia
Logan County
54045956800
Mine closure, Directly adjoining
West Virginia
Logan County
54045956900
Directly adjoining
West Virginia
McDowell County
54047953600
Mine closure, Directly adjoining
West Virginia
McDowell County
54047953800
Mine closure, Directly adjoining
West Virginia
McDowell County
54047953900
Mine closure, Directly adjoining
West Virginia
McDowell County
54047954000
Mine closure, Directly adjoining
West Virginia
McDowell County
54047954200
Mine closure, Directly adjoining
West Virginia
McDowell County
54047954501
Mine closure, Directly adjoining
West Virginia
McDowell County
54047954503
Mine closure, Directly adjoining
West Virginia
McDowell County
54047954504
Mine closure, Directly adjoining
West Virginia
Marion County
54049020100
Mine closure
West Virginia
Marion County
54049020200
Directly adjoining
West Virginia
Marion County
54049020300
Directly adjoining
West Virginia
Marion County
54049020400
Mine closure, Directly adjoining
West Virginia
Marion County
54049020500
Directly adjoining
West Virginia
Marion County
54049020600
Directly adjoining
West Virginia
Marion County
54049020700
Directly adjoining
West Virginia
Marion County
54049020800
Directly adjoining
West Virginia
Marion County
54049020900
Directly adjoining
West Virginia
Marion County
54049021001
Directly adjoining
West Virginia
Marion County
54049021002
Mine closure
West Virginia
Marion County
54049021201
Directly adjoining
West Virginia
Marion County
54049021202
Directly adjoining
West Virginia
Marion County
54049021300
Mine closure, Directly adjoining
West Virginia
Marion County
54049021400
Directly adjoining
West Virginia
Marion County
54049021500
Mine closure, Generating unit retirement, Directly adjoining
West Virginia
Marion County
54049021601
Directly adjoining
West Virginia
Marion County
54049021602
Mine closure, Directly adjoining
West Virginia
Marion County
54049021700
Directly adjoining
West Virginia
Marion County
54049021800
Mine closure, Directly adjoining
West Virginia
Marshall County
54051020200
Directly adjoining
West Virginia
Marshall County
54051020702
Directly adjoining
West Virginia
Marshall County
54051020800
Directly adjoining
West Virginia
Marshall County
54051020900
Generating unit retirement, Directly adjoining
West Virginia
Marshall County
54051021001
Directly adjoining
West Virginia
Marshall County
54051021002
Directly adjoining
West Virginia
Mason County
54053954801
Directly adjoining
West Virginia
Mason County
54053954802
Mine closure, Generating unit retirement, Directly adjoining
West Virginia
Mason County
54053954901
Directly adjoining
West Virginia
Mason County
54053954902
Directly adjoining
West Virginia
Mercer County
54055000900
Directly adjoining
West Virginia
Mercer County
54055001000
Directly adjoining
West Virginia
Mercer County
54055001100
Directly adjoining
West Virginia
Mercer County
54055001500
Directly adjoining
West Virginia
Mercer County
54055001600
Mine closure, Directly adjoining
West Virginia
Mercer County
54055001700
Directly adjoining
West Virginia
Mercer County
54055001800
Directly adjoining
West Virginia
Mercer County
54055002400
Directly adjoining
West Virginia
Mineral County
54057010400
Directly adjoining
West Virginia
Mineral County
54057010500
Directly adjoining
West Virginia
Mineral County
54057010600
Directly adjoining
West Virginia
Mineral County
54057010700
Mine closure, Directly adjoining
West Virginia
Mingo County
54059957100
Mine closure, Directly adjoining
West Virginia
Mingo County
54059957200
Mine closure, Directly adjoining
West Virginia
Mingo County
54059957300
Mine closure, Directly adjoining
West Virginia
Mingo County
54059957400
Mine closure, Directly adjoining
West Virginia
Mingo County
54059957500
Mine closure, Directly adjoining
West Virginia
Mingo County
54059957600
Mine closure, Directly adjoining
West Virginia
Mingo County
54059957700
Mine closure, Directly adjoining
West Virginia
Monongalia County
54061010101
Directly adjoining
West Virginia
Monongalia County
54061010103
Directly adjoining
West Virginia
Monongalia County
54061010104
Generating unit retirement
West Virginia
Monongalia County
54061010202
Directly adjoining
West Virginia
Monongalia County
54061010203
Directly adjoining
West Virginia
Monongalia County
54061010204
Directly adjoining
West Virginia
Monongalia County
54061010400
Directly adjoining
West Virginia
Monongalia County
54061010601
Directly adjoining
West Virginia
Monongalia County
54061010602
Directly adjoining
West Virginia
Monongalia County
54061010700
Directly adjoining
West Virginia
Monongalia County
54061010901
Directly adjoining
West Virginia
Monongalia County
54061011000
Directly adjoining
West Virginia
Monongalia County
54061011100
Directly adjoining
West Virginia
Monongalia County
54061011200
Mine closure, Directly adjoining
West Virginia
Monongalia County
54061011300
Mine closure, Directly adjoining
West Virginia
Monongalia County
54061011400
Mine closure, Directly adjoining
West Virginia
Monongalia County
54061011500
Mine closure, Directly adjoining
West Virginia
Monongalia County
54061011601
Directly adjoining
West Virginia
Monongalia County
54061011602
Directly adjoining
West Virginia
Monongalia County
54061011700
Directly adjoining
West Virginia
Monongalia County
54061011803
Directly adjoining
West Virginia
Monongalia County
54061011804
Directly adjoining
West Virginia
Monongalia County
54061011805
Directly adjoining
West Virginia
Monongalia County
54061011806
Directly adjoining
West Virginia
Monongalia County
54061011900
Mine closure, Directly adjoining
West Virginia
Monongalia County
54061012000
Mine closure
West Virginia
Monroe County
54063950300
Directly adjoining
West Virginia
Nicholas County
54067950100
Mine closure, Directly adjoining
West Virginia
Nicholas County
54067950201
Mine closure, Directly adjoining
West Virginia
Nicholas County
54067950202
Mine closure, Directly adjoining
West Virginia
Nicholas County
54067950300
Mine closure, Directly adjoining
West Virginia
Nicholas County
54067950400
Mine closure, Directly adjoining
West Virginia
Nicholas County
54067950500
Directly adjoining
West Virginia
Nicholas County
54067950600
Mine closure, Directly adjoining
West Virginia
Nicholas County
54067950700
Mine closure, Directly adjoining
West Virginia
Ohio County
54069000200
Directly adjoining
West Virginia
Ohio County
54069000300
Directly adjoining
West Virginia
Ohio County
54069000400
Directly adjoining
West Virginia
Ohio County
54069000500
Directly adjoining
West Virginia
Ohio County
54069000600
Directly adjoining
West Virginia
Ohio County
54069000700
Directly adjoining
West Virginia
Ohio County
54069001400
Directly adjoining
West Virginia
Ohio County
54069001500
Directly adjoining
West Virginia
Ohio County
54069001600
Directly adjoining
West Virginia
Ohio County
54069001700
Directly adjoining
West Virginia
Ohio County
54069001800
Directly adjoining
West Virginia
Ohio County
54069002000
Mine closure, Directly adjoining
West Virginia
Ohio County
54069002100
Directly adjoining
West Virginia
Ohio County
54069002600
Directly adjoining
West Virginia
Ohio County
54069002700
Mine closure
West Virginia
Pendleton County
54071970400
Directly adjoining
West Virginia
Pleasants County
54073962100
Directly adjoining
West Virginia
Pleasants County
54073962200
Generating unit retirement
West Virginia
Pocahontas County
54075960102
Directly adjoining
West Virginia
Pocahontas County
54075960201
Directly adjoining
West Virginia
Pocahontas County
54075960300
Directly adjoining
West Virginia
Preston County
54077963801
Directly adjoining
West Virginia
Preston County
54077963802
Mine closure, Directly adjoining
West Virginia
Preston County
54077963900
Mine closure, Directly adjoining
West Virginia
Preston County
54077964000
Mine closure, Generating unit retirement, Directly adjoining
West Virginia
Preston County
54077964101
Mine closure, Directly adjoining
West Virginia
Preston County
54077964102
Directly adjoining
West Virginia
Preston County
54077964103
Mine closure, Directly adjoining
West Virginia
Preston County
54077964200
Mine closure, Directly adjoining
West Virginia
Preston County
54077964300
Mine closure, Directly adjoining
West Virginia
Preston County
54077964400
Mine closure, Directly adjoining
West Virginia
Preston County
54077964500
Mine closure, Directly adjoining
West Virginia
Putnam County
54079020700
Directly adjoining
West Virginia
Raleigh County
54081000300
Directly adjoining
West Virginia
Raleigh County
54081000500
Directly adjoining
West Virginia
Raleigh County
54081000600
Directly adjoining
West Virginia
Raleigh County
54081000700
Directly adjoining
West Virginia
Raleigh County
54081000802
Directly adjoining
West Virginia
Raleigh County
54081000804
Directly adjoining
West Virginia
Raleigh County
54081000900
Mine closure, Directly adjoining
West Virginia
Raleigh County
54081001001
Directly adjoining
West Virginia
Raleigh County
54081001002
Mine closure, Directly adjoining
West Virginia
Raleigh County
54081001100
Mine closure, Directly adjoining
West Virginia
Raleigh County
54081001200
Mine closure, Directly adjoining
West Virginia
Raleigh County
54081001300
Mine closure, Directly adjoining
West Virginia
Raleigh County
54081001400
Directly adjoining
West Virginia
Raleigh County
54081001500
Directly adjoining
West Virginia
Randolph County
54083965900
Mine closure, Directly adjoining
West Virginia
Randolph County
54083966000
Directly adjoining
West Virginia
Randolph County
54083966200
Directly adjoining
West Virginia
Randolph County
54083966300
Mine closure, Directly adjoining
West Virginia
Randolph County
54083966400
Directly adjoining
West Virginia
Randolph County
54083966500
Mine closure, Directly adjoining
West Virginia
Ritchie County
54085962300
Directly adjoining
West Virginia
Ritchie County
54085962400
Directly adjoining
West Virginia
Ritchie County
54085962500
Directly adjoining
West Virginia
Summers County
54089000500
Directly adjoining
West Virginia
Summers County
54089000600
Directly adjoining
West Virginia
Summers County
54089000800
Directly adjoining
West Virginia
Taylor County
54091964600
Directly adjoining
West Virginia
Taylor County
54091964700
Directly adjoining
West Virginia
Taylor County
54091964800
Mine closure, Directly adjoining
West Virginia
Taylor County
54091964900
Mine closure, Directly adjoining
West Virginia
Tucker County
54093965200
Directly adjoining
West Virginia
Tucker County
54093965300
Mine closure, Directly adjoining
West Virginia
Tucker County
54093965400
Directly adjoining
West Virginia
Upshur County
54097966600
Mine closure, Directly adjoining
West Virginia
Upshur County
54097966700
Directly adjoining
West Virginia
Upshur County
54097966800
Directly adjoining
West Virginia
Upshur County
54097966900
Mine closure, Directly adjoining
West Virginia
Upshur County
54097967000
Mine closure, Directly adjoining
West Virginia
Upshur County
54097967100
Mine closure, Directly adjoining
West Virginia
Wayne County
54099020500
Directly adjoining
West Virginia
Wayne County
54099020600
Directly adjoining
West Virginia
Wayne County
54099020700
Directly adjoining
West Virginia
Wayne County
54099020800
Directly adjoining
West Virginia
Wayne County
54099020900
Mine closure, Directly adjoining
West Virginia
Wayne County
54099021000
Mine closure, Directly adjoining
West Virginia
Webster County
54101970101
Mine closure, Directly adjoining
West Virginia
Webster County
54101970102
Directly adjoining
West Virginia
Webster County
54101970200
Mine closure, Directly adjoining
West Virginia
Webster County
54101970300
Directly adjoining
West Virginia
Wetzel County
54103004900
Directly adjoining
West Virginia
Wetzel County
54103030400
Directly adjoining
West Virginia
Wetzel County
54103030500
Directly adjoining
West Virginia
Wetzel County
54103030700
Directly adjoining
West Virginia
Wood County
54107010101
Directly adjoining
West Virginia
Wood County
54107010200
Directly adjoining
West Virginia
Wood County
54107010400
Directly adjoining
West Virginia
Wood County
54107010601
Directly adjoining
West Virginia
Wood County
54107010602
Directly adjoining
West Virginia
Wyoming County
54109002800
Mine closure, Directly adjoining
West Virginia
Wyoming County
54109002901
Mine closure, Directly adjoining
West Virginia
Wyoming County
54109002902
Mine closure, Directly adjoining
West Virginia
Wyoming County
54109003000
Mine closure, Directly adjoining
West Virginia
Wyoming County
54109003100
Mine closure, Directly adjoining
West Virginia
Wyoming County
54109003200
Mine closure, Directly adjoining
Wisconsin
Brown County
55009000100
Generating unit retirement, Directly adjoining
Wisconsin
Brown County
55009000200
Directly adjoining
Wisconsin
Brown County
55009000500
Directly adjoining
Wisconsin
Brown County
55009000700
Directly adjoining
Wisconsin
Brown County
55009000800
Generating unit retirement, Directly adjoining
Wisconsin
Brown County
55009000900
Directly adjoining
Wisconsin
Brown County
55009001000
Directly adjoining
Wisconsin
Brown County
55009001802
Directly adjoining
Wisconsin
Brown County
55009020502
Directly adjoining
Wisconsin
Brown County
55009020800
Directly adjoining
Wisconsin
Brown County
55009020900
Directly adjoining
Wisconsin
Brown County
55009021303
Directly adjoining
Wisconsin
Buffalo County
55011960100
Directly adjoining
Wisconsin
Buffalo County
55011960300
Generating unit retirement
Wisconsin
Buffalo County
55011960400
Directly adjoining
Wisconsin
Calumet County
55015020308
Directly adjoining
Wisconsin
Crawford County
55023960200
Directly adjoining
Wisconsin
Dane County
55025001706
Directly adjoining
Wisconsin
Dane County
55025001707
Directly adjoining
Wisconsin
Dane County
55025001802
Directly adjoining
Wisconsin
Dane County
55025001804
Directly adjoining
Wisconsin
Dane County
55025001901
Generating unit retirement
Wisconsin
Dane County
55025001902
Directly adjoining
Wisconsin
Dane County
55025002100
Directly adjoining
Wisconsin
Dane County
55025991703
Directly adjoining
Wisconsin
Grant County
55043960300
Directly adjoining
Wisconsin
Grant County
55043960400
Directly adjoining
Wisconsin
Grant County
55043960500
Generating unit retirement
Wisconsin
Grant County
55043960600
Directly adjoining
Wisconsin
Grant County
55043960700
Directly adjoining
Wisconsin
Grant County
55043960800
Directly adjoining
Wisconsin
Grant County
55043961100
Directly adjoining
Wisconsin
Grant County
55043961200
Directly adjoining
Wisconsin
Kenosha County
55059001402
Directly adjoining
Wisconsin
Kenosha County
55059002500
Directly adjoining
Wisconsin
Kenosha County
55059002603
Directly adjoining
Wisconsin
Kenosha County
55059002604
Directly adjoining
Wisconsin
Kenosha County
55059002605
Generating unit retirement
Wisconsin
Kenosha County
55059002606
Directly adjoining
Wisconsin
Kenosha County
55059002700
Directly adjoining
Wisconsin
La Crosse County
55063010700
Directly adjoining
Wisconsin
Marathon County
55073001000
Directly adjoining
Wisconsin
Marathon County
55073001103
Directly adjoining
Wisconsin
Marathon County
55073001104
Directly adjoining
Wisconsin
Marathon County
55073001105
Directly adjoining
Wisconsin
Marathon County
55073001106
Generating unit retirement
Wisconsin
Marathon County
55073001203
Directly adjoining
Wisconsin
Marathon County
55073001204
Directly adjoining
Wisconsin
Marathon County
55073001300
Directly adjoining
Wisconsin
Marathon County
55073001600
Directly adjoining
Wisconsin
Marathon County
55073001700
Directly adjoining
Wisconsin
Marinette County
55075961300
Directly adjoining
Wisconsin
Marinette County
55075961400
Directly adjoining
Wisconsin
Marinette County
55075961500
Directly adjoining
Wisconsin
Milwaukee County
55079012800
Directly adjoining
Wisconsin
Milwaukee County
55079090300
Directly adjoining
Wisconsin
Milwaukee County
55079090600
Directly adjoining
Wisconsin
Milwaukee County
55079090700
Directly adjoining
Wisconsin
Milwaukee County
55079091200
Directly adjoining
Wisconsin
Milwaukee County
55079091300
Directly adjoining
Wisconsin
Milwaukee County
55079185300
Generating unit retirement
Wisconsin
Pepin County
55091950100
Directly adjoining
Wisconsin
Pepin County
55091950200
Directly adjoining
Wisconsin
Portage County
55097960200
Directly adjoining
Wisconsin
Portage County
55097960701
Directly adjoining
Wisconsin
Portage County
55097960702
Directly adjoining
Wisconsin
Portage County
55097960800
Directly adjoining
Wisconsin
Portage County
55097960900
Directly adjoining
Wisconsin
Portage County
55097961000
Directly adjoining
Wisconsin
Portage County
55097961101
Directly adjoining
Wisconsin
Portage County
55097961102
Generating unit retirement
Wisconsin
Sheboygan County
55117000800
Directly adjoining
Wisconsin
Sheboygan County
55117001000
Directly adjoining
Wisconsin
Sheboygan County
55117001100
Generating unit retirement
Wisconsin
Sheboygan County
55117010800
Directly adjoining
Wisconsin
Sheboygan County
55117990000
Directly adjoining
Wisconsin
Vernon County
55123960500
Directly adjoining
Wisconsin
Vernon County
55123960600
Directly adjoining
Wisconsin
Vernon County
55123960700
Generating unit retirement, Directly adjoining
Wisconsin
Waukesha County
55133200901
Directly adjoining
Wisconsin
Waukesha County
55133201002
Directly adjoining
Wisconsin
Winnebago County
55139002401
Directly adjoining
Wisconsin
Winnebago County
55139002800
Directly adjoining
Wisconsin
Winnebago County
55139002900
Directly adjoining
Wisconsin
Winnebago County
55139003000
Generating unit retirement
Wisconsin
Winnebago County
55139003100
Directly adjoining
Wisconsin
Winnebago County
55139003400
Directly adjoining
Wyoming
Albany County
56001963900
Directly adjoining
Wyoming
Big Horn County
56003962600
Directly adjoining
Wyoming
Big Horn County
56003962700
Directly adjoining
Wyoming
Big Horn County
56003962800
Directly adjoining
Wyoming
Campbell County
56005000101
Mine closure, Directly adjoining
Wyoming
Campbell County
56005000102
Directly adjoining
Wyoming
Campbell County
56005000103
Directly adjoining
Wyoming
Campbell County
56005000200
Directly adjoining
Wyoming
Campbell County
56005000300
Generating unit retirement, Directly adjoining
Wyoming
Campbell County
56005000400
Directly adjoining
Wyoming
Campbell County
56005000500
Directly adjoining
Wyoming
Campbell County
56005000600
Directly adjoining
Wyoming
Campbell County
56005000701
Directly adjoining
Wyoming
Campbell County
56005000702
Mine closure, Directly adjoining
Wyoming
Carbon County
56007967600
Directly adjoining
Wyoming
Carbon County
56007968000
Directly adjoining
Wyoming
Carbon County
56007968100
Mine closure, Directly adjoining
Wyoming
Converse County
56009956400
Directly adjoining
Wyoming
Converse County
56009956500
Directly adjoining
Wyoming
Converse County
56009956600
Mine closure, Directly adjoining
Wyoming
Converse County
56009956700
Directly adjoining
Wyoming
Crook County
56011950200
Directly adjoining
Wyoming
Crook County
56011950300
Directly adjoining
Wyoming
Fremont County
56013000302
Directly adjoining
Wyoming
Fremont County
56013000400
Directly adjoining
Wyoming
Fremont County
56013940100
Directly adjoining
Wyoming
Fremont County
56013940201
Directly adjoining
Wyoming
Hot Springs County
56017967800
Directly adjoining
Wyoming
Hot Springs County
56017967900
Mine closure
Wyoming
Johnson County
56019955100
Directly adjoining
Wyoming
Natrona County
56025001401
Directly adjoining
Wyoming
Natrona County
56025001801
Directly adjoining
Wyoming
Natrona County
56025001802
Directly adjoining
Wyoming
Niobrara County
56027957200
Directly adjoining
Wyoming
Park County
56029965302
Directly adjoining
Wyoming
Platte County
56031959100
Directly adjoining
Wyoming
Sheridan County
56033000100
Directly adjoining
Wyoming
Sheridan County
56033000200
Directly adjoining
Wyoming
Sheridan County
56033000300
Directly adjoining
Wyoming
Sheridan County
56033000400
Directly adjoining
Wyoming
Sheridan County
56033000501
Directly adjoining
Wyoming
Sheridan County
56033000502
Directly adjoining
Wyoming
Sheridan County
56033000600
Mine closure
Wyoming
Sweetwater County
56037970800
Mine closure
Wyoming
Sweetwater County
56037970902
Directly adjoining
Wyoming
Sweetwater County
56037970903
Directly adjoining
Wyoming
Sweetwater County
56037970904
Directly adjoining
Wyoming
Sweetwater County
56037971000
Directly adjoining
Wyoming
Sweetwater County
56037971100
Directly adjoining
Wyoming
Sweetwater County
56037971200
Directly adjoining
Wyoming
Sweetwater County
56037971600
Directly adjoining
Wyoming
Washakie County
56043000200
Directly adjoining
Wyoming
Weston County
56045951100
Generating unit retirement, Directly adjoining
Wyoming
Weston County
56045951300
Directly adjoining
Unless otherwise specified, all “section” or “§” references are to sections of the Code.
The term “§ 48C(e) Energy Communities Census Tracts” is defined in section 5.06 of Notice 2023-18 and such tracts are listed in Appendix C of this notice.
Prior Notices and other relevant information about the § 48C(e) program can be found at https://www.irs.gov/credits-deductions/businesses/advanced-energy-project-credit.
See BLS data on these wage rates here: List of SOC Occupations (bls.gov)
Credit for Carbon Oxide Sequestration 2024 Section 45Q Inflation Adjustment Factor
Notice 2024-39
SECTION 1. PURPOSE
This notice publishes the inflation adjustment factor for the credit for carbon oxide sequestration under § 45Q of the Internal Revenue Code (§ 45Q credit) for calendar year 2024. The inflation adjustment factor is used to determine the amount of the credit allowable under § 45Q for taxpayers that make an election under § 45Q(b)(3) to have the dollar amounts applicable under § 45Q(a)(1) or (2) apply.
SECTION 2. BACKGROUND
Section 45Q was added to the Code by § 115 of the Energy Improvement and Extension Act of 2008, enacted as Division B of Pub. L. 110-343, 122 Stat. 3765, 3829 (October 3, 2008), to provide a credit for the sequestration of carbon dioxide. Section 45Q was amended by § 1131 of the American Recovery and Reinvestment Tax Act of 2009, enacted as Division B of Pub. L. 111-5, 123 Stat 115 (February 17, 2009), § 41119 of the Bipartisan Budget Act of 2018 (BBA), Pub. L. No. 115-123 (February 9, 2018), § 121 of the Taxpayer Certainty and Disaster Tax Relief Act of 2020, enacted as Division EE of the Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 3051 (December 27, 2020), and § 13104 of Pub. L. 117-169, 136 Stat. 1818 (August 16, 2022), commonly known as the Inflation Reduction Act (IRA).
Section 45Q(a)(1) allows a credit of $20 per metric ton of qualified carbon oxide (i) captured by the taxpayer using carbon capture equipment which is originally placed in service at a qualified facility before the date of the enactment of the BBA, (ii) disposed of by the taxpayer in secure geological storage, and (iii) not used by the taxpayer as a tertiary injectant in a qualified enhanced oil or natural gas recovery project.
Section 45Q(a)(2) allows a credit of $10 per metric ton of qualified carbon oxide (i) captured by the taxpayer using carbon capture equipment which is originally placed in service at a qualified facility before the date of the enactment of the BBA, and (ii) either (I) used by the taxpayer as a tertiary injectant in a qualified enhanced oil or natural gas recovery project and disposed of by the taxpayer in secure geological storage or (II) utilized by the taxpayer in a manner described in § 45Q(f)(5).
Section 45Q(b)(3) provides that, for purposes of determining the carbon oxide sequestration credit under this section, a taxpayer may elect to have the dollar amounts applicable under § 45Q(a)(1) or (2) apply in lieu of the dollar amounts applicable under § 45Q(a)(3) or (4) for each metric ton of qualified carbon oxide which is captured by the taxpayer using carbon capture equipment which is originally placed in service at a qualified facility on or after the date of the enactment of the BBA.
Under § 45Q(f)(7), for taxable years beginning in a calendar year after 2009, the dollar amounts contained in § 45Q(a)(1) and (2) must be adjusted for inflation by multiplying such dollar amount by the inflation adjustment factor for such calendar year determined under § 43(b)(3)(B), determined by substituting “2008” for “1990.”
Section 43(b)(3)(B) defines the term “inflation adjustment factor” as, with respect to any calendar year, a fraction the numerator of which is the GNP implicit price deflator for the preceding calendar year and the denominator of which is the GNP implicit price deflator for 1990. For purposes of § 45Q(f)(7), for the 2023 calendar year, the inflation adjustment factor is a fraction the numerator of which is the GNP implicit price deflator for 2023 (122.179) and the denominator of which is the GNP implicit price deflator for 2008 (88.046).
Section 45Q(g), as amended by § 13104(f) of the IRA, provides that in the case of any carbon capture equipment placed in service before the date of the enactment of the BBA, the credit under § 45Q shall apply with respect to qualified carbon oxide captured using such equipment before the earlier of January 1, 2023, and the end of the calendar year in which the Secretary of the Treasury or her delegate, in consultation with the Administrator of the Environmental Protection Agency, certifies that, during the period beginning after October 3, 2008, a total of 75,000,000 metric tons of qualified carbon oxide have been taken into account in accordance with (i) § 45Q(a), as in effect on the day before the date of the enactment of BBA, and (ii) § 45Q(a)(1) and (2). Notice 2022-38 provided that 2022 was the final calendar year for which a taxpayer may claim a § 45Q credit under § 45Q(a)(1) and (2) for qualified carbon oxide that is captured by carbon capture equipment originally placed in service at a qualified facility before the date of enactment of the BBA. Therefore, the inflation adjustment amounts in section 3 of this notice only apply if a taxpayer elects under § 45Q(b)(3) to apply the dollar amounts applicable under § 45Q(a)(1) or (2) in lieu of the dollar amounts applicable under § 45Q(a)(3) or (4). Because amendments to § 45Q(g) made by section 13104(f) of the IRA eliminated the 75,000,000 metric ton threshold beginning January 1, 2023, this notice obsoletes Notice 2009-83, 2009-2 C.B. 588. Sections 1 through 5 of Notice 2009-83 were previously obsoleted by the final regulations for § 45Q, T.D. 9944, 86 FR 4728 (January 15, 2021). This notice also obsoletes Notice 2011-25, 2011-1 C.B. 604, which modified section 4 of Notice 2009-83.
SECTION 3. INFLATION ADJUSTMENT FACTOR
The inflation adjustment factor for calendar year 2024 is 1.3877. The § 45Q credit for calendar year 2024 is $27.75 per metric ton of qualified carbon oxide under § 45Q(a)(1) and $13.88 per metric ton of qualified carbon oxide under § 45Q(a)(2).
SECTION 4. EFFECT ON OTHER DOCUMENTS
Notice 2009-83 and Notice 2011-25 are obsoleted beginning January 1, 2023.
SECTION 5. DRAFTING INFORMATION
The principal author of this notice is Christopher Vlcek of the Office of Associate Chief Counsel (Passthroughs & Special Industries). For further information regarding this notice contact Christopher Vlcek at (202) 317-4743 (not a toll-free number).
Update for Weighted Average Interest Rates, Yield Curves, and Segment Rates
Notice 2024-40
This notice provides guidance on the corporate bond monthly yield curve, the corresponding spot segment rates used under § 417(e)(3), and the 24-month average segment rates under § 430(h)(2) of the Internal Revenue Code. In addition, this notice provides guidance as to the interest rate on 30-year Treasury securities under § 417(e)(3)(A)(ii)(II) as in effect for plan years beginning before 2008 and the 30-year Treasury weighted average rate under § 431(c)(6)(E)(ii)(I).
YIELD CURVE AND SEGMENT RATES
Section 430 specifies the minimum funding requirements that apply to single-employer plans (except for CSEC plans under § 414(y)) pursuant to § 412. Section 430(h)(2) specifies the interest rates that must be used to determine a plan’s target normal cost and funding target. Under this provision, present value is generally determined using three 24-month average interest rates (“segment rates”), each of which applies to cash flows during specified periods. To the extent provided under § 430(h)(2)(C)(iv), these segment rates are adjusted by the applicable percentage of the 25-year average segment rates for the period ending September 30 of the year preceding the calendar year in which the plan year begins.
However, an election may be made under § 430(h)(2)(D)(ii) to use the monthly yield curve in place of the segment rates.
Section 1.430(h)(2)-1(d) provides rules for determining the monthly corporate bond yield curve,
and § 1.430(h)(2)-1(c) provides rules for determining the 24-month average corporate bond segment rates used to compute the target normal cost and the funding target. Consistent with the methodology specified in § 1.430(h)(2)-1(d), the monthly corporate bond yield curve derived from April 2024 data is in Table 2024-4 at the end of this notice. The spot first, second, and third segment rates for the month of April 2024 are, respectively, 5.24, 5.48, and 5.61.
The 24-month average segment rates determined under § 430(h)(2)(C)(i) through (iii) must be adjusted pursuant to § 430(h)(2)(C)(iv) to be within the applicable minimum and maximum percentages of the corresponding 25-year average segment rates. For this purpose, any 25-year average segment rate that is less than 5% is deemed to be 5%. The 25-year average segment rates for plan years beginning in 2023 and 2024 were published in Notice 2022-40, 2022-40 I.R.B. 266 and Notice 2023-66, 2023-40 I.R.B. 992, respectively. The applicable minimum and maximum percentages are 95% and 105% for plan years beginning in 2023 and 2024.
24-MONTH AVERAGE CORPORATE BOND SEGMENT RATES
The three 24-month average corporate bond segment rates applicable for May 2024 without adjustment for the 25-year average segment rate limits are as follows:
24-Month Average Segment Rates Without 25-Year Average Adjustment
Applicable Month
First Segment
Second Segment
Third Segment
May 2024
4.84
5.24
5.22
The adjusted 24-month average segment rates set forth in the chart below reflect § 430(h)(2)(C)(iv) of the Code. The 24-month averages applicable for May 2024, adjusted to be within the applicable minimum and maximum percentages of the corresponding 25-year average segment rates in accordance with § 430(h)(2)(C)(iv) of the Code, are as follows:
Adjusted 24-Month Average Segment Rates
For Plan Years Beginning In
Applicable Month
First Segment
Second Segment
Third Segment
2023
May 2024
4.84
5.24
5.74
2024
May 2024
4.84
5.24
5.59
30-YEAR TREASURY SECURITIES INTEREST RATES
Section 431 specifies the minimum funding requirements that apply to multiemployer plans pursuant to § 412. Section 431(c)(6)(B) specifies a minimum amount for the full-funding limitation described in § 431(c)(6)(A), based on the plan’s current liability. Section 431(c)(6)(E)(ii)(I) provides that the interest rate used to calculate current liability for this purpose must be no more than 5 percent above and no more than 10 percent below the weighted average of the rates of interest on 30-year Treasury securities during the four-year period ending on the last day before the beginning of the plan year. Notice 88-73, 1988-2 C.B. 383, provides guidelines for determining the weighted average interest rate. The rate of interest on 30-year Treasury securities for April 2024 is 4.66 percent. The Service determined this rate as the average of the daily determinations of yield on the 30-year Treasury bond maturing in February 2054. For plan years beginning in May 2024, the weighted average of the rates of interest on 30-year Treasury securities and the permissible range of rates used to calculate current liability are as follows:
Treasury Weighted Average Rates
For Plan Years Beginning In
30-Year Treasury Weighted Average
Permissible Range 90% to 105%
May 2024
3.39
3.05 to 3.56
MINIMUM PRESENT VALUE SEGMENT RATES
In general, the applicable interest rates under § 417(e)(3)(D) are segment rates computed without regard to a 24-month average. Notice 2007-81 provides guidelines for determining the minimum present value segment rates. Pursuant to that notice, the minimum present value segment rates determined for April 2024 are as follows:
Minimum Present Value Segment Rates
Month
First Segment
Second Segment
Third Segment
April 2024
5.24
5.48
5.61
DRAFTING INFORMATION
The principal author of this notice is Tom Morgan of the Office of Associate Chief Counsel (Employee Benefits, Exempt Organizations, and Employment Taxes). However, other personnel from the IRS participated in the development of this guidance. For further information regarding this notice, contact Mr. Morgan at 202-317-6700 or Tony Montanaro at 626-927-1475 (not toll-free number).
Table 2024-4
Monthly Yield Curve for April 2024 Derived from April 2024 Data
Maturity
Yield
Maturity
Yield
Maturity
Yield
Maturity
Yield
Maturity
Yield
0.5
5.55
20.5
5.66
40.5
5.61
60.5
5.62
80.5
5.63
1.0
5.44
21.0
5.66
41.0
5.61
61.0
5.62
81.0
5.63
1.5
5.35
21.5
5.65
41.5
5.61
61.5
5.62
81.5
5.63
2.0
5.27
22.0
5.65
42.0
5.61
62.0
5.62
82.0
5.63
2.5
5.20
22.5
5.65
42.5
5.61
62.5
5.63
82.5
5.63
3.0
5.15
23.0
5.64
43.0
5.61
63.0
5.63
83.0
5.63
3.5
5.12
23.5
5.64
43.5
5.61
63.5
5.63
83.5
5.63
4.0
5.10
24.0
5.63
44.0
5.61
64.0
5.63
84.0
5.63
4.5
5.10
24.5
5.63
44.5
5.61
64.5
5.63
84.5
5.63
5.0
5.11
25.0
5.62
45.0
5.61
65.0
5.63
85.0
5.63
5.5
5.12
25.5
5.61
45.5
5.61
65.5
5.63
85.5
5.63
6.0
5.14
26.0
5.61
46.0
5.61
66.0
5.63
86.0
5.63
6.5
5.17
26.5
5.60
46.5
5.61
66.5
5.63
86.5
5.63
7.0
5.20
27.0
5.60
47.0
5.61
67.0
5.63
87.0
5.63
7.5
5.24
27.5
5.60
47.5
5.61
67.5
5.63
87.5
5.63
8.0
5.27
28.0
5.59
48.0
5.62
68.0
5.63
88.0
5.63
8.5
5.31
28.5
5.59
48.5
5.62
68.5
5.63
88.5
5.64
9.0
5.34
29.0
5.59
49.0
5.62
69.0
5.63
89.0
5.64
9.5
5.37
29.5
5.59
49.5
5.62
69.5
5.63
89.5
5.64
10.0
5.40
30.0
5.59
50.0
5.62
70.0
5.63
90.0
5.64
10.5
5.43
30.5
5.59
50.5
5.62
70.5
5.63
90.5
5.64
11.0
5.46
31.0
5.59
51.0
5.62
71.0
5.63
91.0
5.64
11.5
5.48
31.5
5.59
51.5
5.62
71.5
5.63
91.5
5.64
12.0
5.50
32.0
5.59
52.0
5.62
72.0
5.63
92.0
5.64
12.5
5.53
32.5
5.59
52.5
5.62
72.5
5.63
92.5
5.64
13.0
5.55
33.0
5.60
53.0
5.62
73.0
5.63
93.0
5.64
13.5
5.56
33.5
5.60
53.5
5.62
73.5
5.63
93.5
5.64
14.0
5.58
34.0
5.60
54.0
5.62
74.0
5.63
94.0
5.64
14.5
5.59
34.5
5.60
54.5
5.62
74.5
5.63
94.5
5.64
15.0
5.61
35.0
5.60
55.0
5.62
75.0
5.63
95.0
5.64
15.5
5.62
35.5
5.60
55.5
5.62
75.5
5.63
95.5
5.64
16.0
5.63
36.0
5.60
56.0
5.62
76.0
5.63
96.0
5.64
16.5
5.64
36.5
5.60
56.5
5.62
76.5
5.63
96.5
5.64
17.0
5.64
37.0
5.60
57.0
5.62
77.0
5.63
97.0
5.64
17.5
5.65
37.5
5.60
57.5
5.62
77.5
5.63
97.5
5.64
18.0
5.65
38.0
5.60
58.0
5.62
78.0
5.63
98.0
5.64
18.5
5.66
38.5
5.60
58.5
5.62
78.5
5.63
98.5
5.64
19.0
5.66
39.0
5.60
59.0
5.62
79.0
5.63
99.0
5.64
19.5
5.66
39.5
5.61
59.5
5.62
79.5
5.63
99.5
5.64
20.0
5.66
40.0
5.61
60.0
5.62
80.0
5.63
100.0
5.64
Pursuant to § 433(h)(3)(A), the third segment rate determined under § 430(h)(2)(C) is used to determine the current liability of a CSEC plan (which is used to calculate the minimum amount of the full funding limitation under § 433(c)(7)(C)).
For months before February 2024, the monthly corporate bond yield curve was determined in accordance with Notice 2007-81, 2007-44 I.R.B. 899. Section 1.430(h)(2)-1(d) generally adopts the methodology for determining the monthly corporate bond yield curve under Notice 2007-81 but includes two enhancements to take into account subsequent changes in the bond market. Those enhancements are described in the preamble to TD 9986 (89 FR 2127).
Domestic Content Bonus Credit Amounts under the Inflation Reduction Act of 2022: Expansion of Applicable Projects for Safe Harbor in Notice 2023-38 and New Elective Safe Harbor to Determine Cost Percentages for Adjusted Percentage Rule
Notice 2024-41
SECTION 1. PURPOSE
This notice modifies section 3.04 of Notice 2023-38, 2023-22 I.R.B. 872, in three ways. First, this notice expands the list of Applicable Projects in “Table 2—Categorization of Applicable Project Components” (Table 2) to include hydropower and pumped hydropower storage facilities. Second, this notice redesignates the “Utility scale photovoltaic system” Applicable Project as the “Ground-mount and rooftop photovoltaic system.” Third, this notice includes certain Manufactured Product Components with respect to previously listed Applicable Projects. This notice also provides a new safe harbor that taxpayers may elect to use to classify Applicable Project Components and to calculate the Domestic Cost Percentage in an Applicable Project (New Elective Safe Harbor) to qualify for the domestic content bonus credit amounts under §§ 45, 45Y, 48, and 48E of the Internal Revenue Code (Code).
Taxpayers may elect to use the classifications and cost percentages in the New Elective Safe Harbor in lieu of the Domestic Manufactured Products and Components Cost and Total Manufactured Products Cost provisions of the Adjusted Percentage Rule in section 3.03(2)(b) and (c) of Notice 2023-38, which provisions require taxpayers to use the manufacturer’s direct costs of producing Manufactured Products and Manufactured Product Components in an Applicable Project. Taxpayers who elect to use the New Elective Safe Harbor for any Applicable Project must use the classifications and cost percentages provided under the New Elective Safe Harbor when applying the Adjusted Percentage Rule and may not use a different method or substitute any cost percentages into the provided table to determine any classifications and costs. Finally, this notice requests comments to inform any potential updates to Table 2 and the New Elective Safe Harbor. Although this notice does not address or modify provisions other than sections 3.03(2)(b) and (c) and 3.04 of Notice 2023-38, the Department of the Treasury (Treasury Department) and the Internal Revenue Service (IRS) intend to consider comments received on other sections of the notice in the context of forthcoming proposed regulations or any further guidance regarding the domestic content bonus requirements. Taxpayers may rely on Notice 2023-38, as modified by this notice, for the domestic content bonus credit requirements for any Applicable Project the construction of which begins before the date that is 90 days after the date of publication of the forthcoming proposed regulations on the domestic content bonus credit requirements in the
Federal Register
. Taxpayers may rely on the New Elective Safe Harbor provided in Table 1 of this notice for the domestic content bonus credit requirements for any Applicable Project the construction of which begins before the date that is 90 days after any future modification, update, or withdrawal of the New Elective Safe Harbor.
SECTION 2. BACKGROUND
Public Law 117-169, 136 Stat. 1818 (August 16, 2022), commonly known as the Inflation Reduction Act of 2022 (IRA), amended §§ 45 and 48 to provide a domestic content bonus credit amount for certain qualified facilities or energy projects placed in service after December 31, 2022, and added new §§ 45Y and 48E, which include a domestic content bonus credit amount for certain investments in qualified facilities or energy storage technologies placed in service after December 31, 2024.
.01
Notice 2023-38.
On May 12, 2023, the Treasury Department and the IRS released Notice 2023-38, which states that the Treasury Department and the IRS intend to propose regulations to address the application of the rules that taxpayers must satisfy to qualify for the domestic content bonus credit amounts under §§ 45, 45Y, 48, and 48E, including related recordkeeping and certification requirements. Notice 2023-38 also describes certain rules that the Treasury Department and the IRS intend to include in the forthcoming proposed regulations and describes a safe harbor regarding the classification of certain components in representative types of qualified facilities, energy projects, or energy storage technologies.
Section 2.01 of Notice 2023-38 provides that an Applicable Project refers to: (i) a qualified facility under §§ 45 or 45Y; (ii) an energy project under § 48, which may include qualified property for which a valid irrevocable election under § 48(a)(5) has been made to treat such qualified property as energy property under § 48; or (iii) a qualified investment with respect to a qualified facility or energy storage technology under § 48E. An Applicable Project is eligible for a domestic content bonus credit amount if the Applicable Project satisfies the Domestic Content Requirement set forth in section 3 of Notice 2023-38 and the taxpayer timely submits to the IRS the Domestic Content Certification Statement described in section 5 of Notice 2023-38. An Applicable Project satisfies the Domestic Content Requirement if both the Steel or Iron Requirement described in section 3.02, and the Manufactured Products Requirement described in section 3.03, of Notice 2023-38 are satisfied. To determine whether the Steel or Iron Requirement and the Manufactured Products Requirement are met, a taxpayer must first determine if each Applicable Project Component (as defined in section 3.01(2)(a) of Notice 2023-38) qualifies as steel, iron, or a Manufactured Product. Section 3.04 of Notice 2023-38 provides a non-exclusive safe harbor in Table 2 that taxpayers may rely on for the classification of certain Applicable Project Components as steel, iron, or Manufactured Products.
.02
Manufactured Products Requirement and the Adjusted Percentage Rule
. Section 3.03 of Notice 2023-38 provides that the Manufactured Products Requirement is met if all Applicable Project Components that are Manufactured Products are produced in the United States or are deemed to be produced in the United States. Manufactured Products are produced in the United States if all the manufacturing processes for the Manufactured Product take place in the United States and all the Manufactured Product Components are of U.S. origin. Manufactured Products are deemed to be produced in the United States if the Adjusted Percentage Rule in section 3.03(2) of Notice 2023-38 is satisfied.
.03
Direct Costs in Adjusted Percentage Rule
. In determining if the Adjusted Percentage Rule is satisfied, the percentage produced by dividing the Domestic Manufactured Products and Components Cost (as described in section 3.03(2)(b) of Notice 2023-38, and referred to as the numerator in this notice) by the Total Manufactured Products Cost (as described in section 3.03(2)(c) of Notice 2023-38, and referred to as the denominator in this notice) is the Domestic Cost Percentage of an Applicable Project, which must equal or exceed the adjusted percentage that applies to the Applicable Project to satisfy the Adjusted Percentage Rule. To determine the costs to include in the numerator, section 3.03(2)(b) of Notice 2023-38 provides that taxpayers must include direct costs (direct materials and direct labor costs as defined in § 1.263A-1(e)(2)(i)) that are paid or incurred within the meaning of section 461 by the manufacturer to produce U.S. Manufactured Products or by the manufacturer of Non-U.S. Manufactured Products to produce or acquire U.S. Components. Section 3.03(2)(b) of Notice 2023-38 defines U.S. Components as Manufactured Product Components of Non-U.S. Manufactured Products that are Applicable Project Components if the Manufactured Product Components are mined, produced, or manufactured in the United States. To determine the costs to include in the denominator, section 3.03(2)(c) of Notice 2023-38 provides that taxpayers must include direct costs (direct materials and direct labor costs as defined in § 1.263A-1(e)(2)(i)) that are paid or incurred within the meaning of section 461 by the manufacturer to produce U.S. Manufactured Products or Non-U.S. Manufactured Products.
SECTION 3. MODIFICATION OF TABLE 2 IN SECTION 3.04 OF NOTICE 2023-38
.01
Safe Harbor in Table 2 for Classifications of Certain Applicable Project Components
. Table 2 in section 3.04 of Notice 2023-38 identifies certain Applicable Project Components and Manufactured Product Components that may be found in the identified Applicable Projects, which include utility-scale photovoltaic (PV) systems, land-based wind facilities, offshore wind facilities, and battery energy storage technologies. The categorization of each item described in Table 2 as subject to either the Steel or Iron Requirement or Manufactured Products Requirement is based on analysis from the Federal Transit Administration (FTA), Department of Transportation, with assistance from the Department of Energy (DOE) and will be accepted by the IRS for those Applicable Project Components and Manufactured Product Components.
.02
Modification of Table 2
. Table 2 in section 3.04 of Notice 2023-38 is modified to add the following Applicable Project:
Table 2 – Categorization of Applicable Project Components
Applicable Project
Applicable Project Component
Categorization
Hydropower Facility, or Pumped Hydropower Storage Facility
Steel or iron rebar for the reservoirs, upper and/or lower
Steel/Iron
Steel or iron rebar, plating, and piping in water conveyance (penstock piping)
Steel/Iron
Steel or iron rebar in powerhouse and foundation, spiral case, discharge ring, and draft tube
Steel/Iron
Steel or iron rebar in canals
Steel/Iron
Powerhouse structure, gates, stoplogs, screens, and embedded structure parts, foundation plates and anchors
Steel/Iron
Turbine/Pump Runner (which includes the following Manufactured Product Components, if applicable: spiral/scroll case, vanes, bottom ring, wicket gates, runner, draft tube, shaft, head cover, bearings, and flow control and isolation mechanisms)
Manufactured Product
Motor/Generator (which includes the following Manufactured Product Components, if applicable: stator, rotor, windings, poles, generator shaft, thrust bearing, brake ring/disc, guide bearings, ventilation and cooling system, and exciter)
Manufactured Product
Generator Step-up Transformer (which includes the following Manufactured Product Components, if applicable: containment/main tank, cooling system, de-energized tap changer (DETC), load tap changer (LTC), bushings/insulators)
Manufactured Product
Table 2 of Notice 2023-38 is further modified by replacing “Utility-scale photovoltaic system” with “Ground-mount and rooftop photovoltaic system.” Taxpayers may treat any Applicable Project Components or Manufactured Product Components that are listed in Table 1 of this notice as also listed in Table 2 of Notice 2023-38. To the extent Table 2 of Notice 2023-38 and Table 1 of this notice are inconsistent regarding the classification of Applicable Project Components or Manufactured Product Components, Table 1 of this notice will control.
SECTION 4. NEW ELECTIVE SAFE HARBOR
.01
In General
. The new safe harbor provided in this section applies to both the Steel or Iron Requirement and the Manufactured Products Requirement of the Domestic Content Requirement for an Applicable Project with respect to which a taxpayer elects to have this safe harbor apply. As described more fully in sections 2.03 and 2.04 of this notice, for purposes of the Adjusted Percentage Rule and calculating the Domestic Cost Percentage, Notice 2023-38 requires that costs that are included in the numerator and denominator are the direct materials and direct labor costs that are paid or incurred by the manufacturer of the Manufactured Product. Taxpayers are further required to calculate the direct costs of any U.S. Components that may have been incorporated into Non-U.S. Manufactured Products. The Treasury Department and the IRS are aware that obtaining a manufacturer’s direct costs of manufacturing may require the taxpayer to gather cost data from multiple suppliers and manufacturers, including foreign manufacturers, and may present challenges for substantiation and verification.
.02
New Elective Safe Harbor
. The Treasury Department and the IRS, in consultation with the DOE, are providing a new elective safe harbor in Table 1 of section 4.04(1)-(3) of this notice (New Elective Safe Harbor) that provides for the classification of identified Applicable Project Components, and the associated cost percentages for each of the identified Manufactured Products and Manufactured Product Components (Assigned Cost Percentages). Although the New Elective Safe Harbor is consistent with Table 2 of Notice 2023-38, as modified by this notice, which provides classifications of Applicable Project Components, the New Elective Safe Harbor also provides cost percentage information obtained from the DOE for purposes of calculating the Domestic Cost Percentage and satisfying the Adjusted Percentage Rule. To generate the cost percentage information, the DOE utilized cost data from a variety of sources, including datasets of system characteristics, price indices, U.S. survey data from the government (for example, the U.S. Bureau of Labor Statistics, Department of Labor) and private sector, public filings from corporations, and comprehensive interviews of manufacturers, installers, developers, and owners of the representative technologies.
The classifications and cost percentages provided in Table 1 of section 4.04(1)-(3) of this notice will be accepted by the IRS for the identified Manufactured Products and Manufactured Product Components for purposes of determining compliance with the Steel or Iron Requirement and calculating the Domestic Cost Percentage, provided all other requirements in Notice 2023-38 are met. A taxpayer electing to use the New Elective Safe Harbor with respect to an Applicable Project of the taxpayer must use the Applicable Project Components and Manufactured Product Components and the cost percentages listed in Table 1 of section 4.04(1)-(3) of this notice as the exclusive and exhaustive set of Applicable Project Components and Manufactured Product Components for purposes of determining compliance with the Domestic Content Requirement for the Applicable Project with respect to which the taxpayer makes this election.
To be eligible for the safe harbor, Applicable Projects are not required to be constituted of the full list of Applicable Project Components provided in Table 1 of this notice, and each Applicable Project Component listed is not required to be constituted of the full list of Manufactured Product Components provided in Table 1 of this notice. Taxpayers may still elect to use the New Elective Safe Harbor even if entries in Table 1 of this notice are not used as inputs to their Applicable Projects or Manufactured Products, or if the Applicable Project contains additional inputs not listed in Table 1 of this notice.
Any Applicable Project Component or Manufactured Product Component listed in Table 1 of this notice that is not utilized as an input to the Applicable Project must be treated by the electing taxpayer as having a zero value in calculating the Domestic Cost Percentage. An Applicable Project Component or Manufactured Product Component contained in a taxpayer’s Applicable Project but not listed in Table 1 of this notice will not disqualify the taxpayer from using the New Elective Safe Harbor. However, such unlisted items may not count toward satisfying the Adjusted Percentage Rule. The absence of a Manufactured Product or Manufactured Product Component that is listed in Table 1 of this notice, or the presence of a Manufactured Product or Manufactured Product Component that is not listed in Table 1 of this notice, in an Applicable Project does not affect the Assigned Cost Percentages listed in Table 1 for purposes of the New Elective Safe Harbor.
.03
New Elective Safe Harbor Requirements
(1)
In general
. Unless otherwise provided in this notice, if a taxpayer elects to use the New Elective Safe Harbor, all other provisions of Notice 2023-38 apply in determining whether an Applicable Project meets the Domestic Content Requirement. For example, the Applicable Projects and Applicable Project Components described in Table 1 of section 4.04(1)-(3) of this notice must satisfy the Steel or Iron Requirement described in section 3.02 of Notice 2023-38 with respect to the Applicable Project Components that are specified as subject to the Steel or Iron Requirement in Table 1 of this notice. See section 4.08 for the New Elective Safe Harbor’s election and certification requirements.
(2)
No Partial Safe Harbor Reliance
. Taxpayers that elect to use the New Elective Safe Harbor must apply in its entirety the section of Table 1 of this notice that is specific to the Applicable Project for which the taxpayer makes such election. For example, if a taxpayer’s Applicable Project is a land-based wind facility, the taxpayer must use the classifications for Applicable Project Components and Manufactured Product Components in Table 1 of this notice with respect to land-based wind and must use the Assigned Cost Percentages for all the Manufactured Products and Manufactured Product Components (for example, Blades, Rotor Hub, Nacelle, and Power Converter) provided in Table 1 of this notice that are utilized in the taxpayer’s Applicable Project without substitution.
(3)
Determining Domestic Cost Percentage
. To determine the Domestic Cost Percentage using the New Elective Safe Harbor, a taxpayer must refer to the section of Table 1 of this notice that describes their Applicable Project and add up the Assigned Cost Percentages for each listed U.S. Manufactured Product (as defined in section 3.03(1) of Notice 2023-38) and U.S. Component (as described in section 3.03(2)(b) of Notice 2023-38) of their Applicable Project. This total value is the Domestic Cost Percentage for purposes of the New Elective Safe Harbor. Any Manufactured Product or Manufactured Product Component listed in Table 1 of this notice that is not a part of the taxpayer’s Applicable Project must take a zero value for the Assigned Cost Percentage under the New Elective Safe Harbor for such Manufactured Product or Manufactured Product Component, with all Assigned Cost Percentages shown in Table 1 of this notice remaining unchanged. Any Manufactured Product or Manufactured Product Component not listed in Table 1 of this notice must be disregarded for purposes of determining the Domestic Cost Percentage using the New Elective Safe Harbor.
(4)
Foreign- and Domestic-Sourced Manufactured Products and/or Manufactured Product Components
. Taxpayers who source the same type of Manufactured Product or Manufactured Product Component (that is, they are listed in the same row of Table 1 of this notice) from both foreign and domestic sources (Mixed Source Item or MSI) in a particular Applicable Project described in Table 1 of this notice may use the New Elective Safe Harbor to determine a single Assigned Cost Percentage for each separate type of Mixed Source Item in the Applicable Project. For Mixed Source Items that have a nameplate capacity, the following weighted average formula may be used to determine the Assigned Cost Percentage attributable to each type of Mixed Source Item:
DCP
Domestic MSI
× Nameplate Capacity
Domestic MSI
Nameplate Capacity
MSI
For purposes of this formula:
(a) DCP
Domestic MSI
means the Assigned Cost Percentage derived from Table 1 of this notice of the Mixed Source Item.
(b) Nameplate Capacity
DomesticMSI
means the nameplate capacity of the Mixed Source Item of the same type in the Applicable Project that is produced in the United States.
(c) Nameplate Capacity
MSI
means the total nameplate capacity of the Mixed Source Items of the same type in the Applicable Project.
For Mixed Source Items without nameplate capacities, the portion of cost percentage provided in Table 1 of this notice that may count toward the Domestic Cost Percentage must be calculated by using the weighted average formula described above, modified by replacing the nameplate capacity of the Mixed Source Item with the nameplate capacities of the associated Applicable Project Components with which the Mixed Source Item is directly integrated. For this purpose, Mixed Source Items without nameplate capacities must apply: the total nameplate capacity of the associated PV module(s) for the Solar PV Table; the total nameplate capacity of the associated wind turbine for land-based wind; or the total nameplate capacity of the battery pack(s) for Battery Electric Storage Systems. If a type of Mixed Source Item without nameplate capacity has multiple units that are both foreign- and domestic-sourced associated and directly integrated with the same Applicable Project Component with nameplate capacity, then all such Mixed Source Items must be treated as foreign-sourced.
(5)
Production Costs
. Table 1 of this notice contains a line item for “Production,” which, although listed under the column for Manufactured Product Components, is not a Manufactured Product Component. “Production” refers to the production cost of the relevant Manufactured Product and can be included in the total Domestic Cost Percentage only if all the Manufactured Product Components of a Manufactured Product are domestically produced. See Notice 2023-38, section 3.03(2). The Assigned Cost Percentage attributable to production costs for a particular Manufactured Product may be used if such Manufactured Product contains Manufactured Product Components not listed in Table 1 of this notice or if entries in Table 1 of this notice are not a part of such Manufactured Product, so long as the remainder of the Manufactured Product Components in Table 1 that are a part of such Manufactured Product are mined, produced, or manufactured in the United States.
(6)
Solar Energy Property and Energy Storage Technology as Part of a Single Energy Project
. Taxpayers who wish to claim the energy credit determined under § 48 with respect to an energy project that is comprised of a solar photovoltaic system (solar PV) and battery energy storage system (BESS) described in Table 1 of this notice may use the New Elective Safe Harbor and the BESS Multiplier as described below and in section 4.05 of this notice to determine a single Domestic Cost Percentage, for a single energy project, using a weighted average formula as follows:
Domestic Cost Percentage =
(DCP
PV
x Nameplate Capacity
PVkW
) + (DCP
BESS
× Nameplate Capacity
BESSkWh
× BESS Multiplier)
Nameplate Capacity
PVkW
+ (Nameplate Capacity
BESSkWh
× BESS Multiplier)
This formula may be applied only to Applicable Projects that are § 48 energy projects that are comprised of solar PV and BESS. The portion of an Applicable Project that relates to solar PV, for example, refers to the solar PV assets in such energy project. For purposes of this formula:
(a) DCP
PV
means the total Assigned Cost Percentage derived from Table 1 of this notice associated with the U.S. Manufactured Products and U.S. Components of the solar PV portion of the Applicable Project.
(b) Nameplate Capacity
PVkW
means the nameplate capacity of the solar PV portion of the Applicable Project, measured in kilowatts of direct current.
(c) DCP
BESS
means the total Assigned Cost Percentage derived from Table 1 of this notice associated with the U.S. Manufactured Products and U.S. Components of the BESS portion of the Applicable Project.
(d) Nameplate Capacity
BESSkWh
means the nameplate capacity of the BESS portion of the Applicable Project, measured in kilowatt-hours of stored energy.
(e) BESS Multiplier means the value used to convert BESS nameplate capacity into proportional equivalency to the nameplate capacity of solar PV for weighting costs.
(7)
Exclusive Safe Harbor
. A taxpayer that elects to use the New Elective Safe Harbor with respect to an Applicable Project must consider the steel or iron products, Manufactured Products, and Manufactured Product Components that are identified in Table 1 of this notice as an exclusive and exhaustive set of steel or iron products, Manufactured Products, and Manufactured Product Components for purposes of determining compliance with the Domestic Content Requirement for that Applicable Project. The New Elective Safe Harbor may still be used in instances in which a taxpayer’s Applicable Project does not contain every item identified in Table 1 of this notice, or in which a taxpayer’s Applicable Project contains additional items not identified in Table 1 of this notice, provided the taxpayer applies the rules for determining Domestic Cost Percentage described in section 4.03(3) of this notice.
(8)
Certification
. Taxpayers must affirmatively elect to rely on the New Elective Safe Harbor in Table 1 of this notice and must notify the IRS of this election by providing information on the Domestic Content Certification Statement as described in section 4.08 of this notice.
.04
Table 1—New Elective Safe Harbor
Table 1
(1) SOLAR PV TABLE
APC
MPC
Ground-mount (Tracking)
Ground-mount (Fixed)
Rooftop
(MLPE)
Rooftop
(String)
PV module
Cells
36.9
49.2
21.5
30.8
Frame/Backrail
5.3
7.0
3.1
4.4
Front Glass
3.7
4.9
2.2
3.1
Encapsulant
2.2
3.0
1.3
1.8
Backsheet/Backglass
3.7
4.9
2.1
3.1
Junction Box
1.6
2.2
1.0
1.4
Edge Seals
0.2
0.2
0.1
0.2
Pottants
0.2
0.2
0.1
0.2
Adhesives
0.2
0.2
0.1
0.2
Bus Ribbons
0.4
0.5
0.2
0.3
Bypass Diodes
0.4
0.5
0.2
0.3
Production
11.5
15.3
6.7
9.6
Inverter
Printed Circuit Board Assemblies
3.0
4.0
16.0
2.5
Electrical Parts
1.0
1.3
1.6
1.1
Climate Control
0.7
0.9
0.3
Enclosure
1.0
1.3
1.6
0.8
Production
3.3
4.4
16.4
2.9
PV Tracker or Non-Steel Roof Racking
Torque tube
9.7
Fasteners
0.4
11.1
16.0
Slew Drive
2.0
Dampers
0.4
Motor
3.1
Controller
0.9
Rails
2.0
8.6
12.3
Production
6.2
6.1
8.7
Steel photovoltaic module racking
Steel/Iron Product
Pile or ground screw
Steel/Iron Product
Steel/Iron Product
Steel or iron rebar in foundation
Steel/Iron Product
Steel/Iron Product
Total
100
100
100
100
(2) LAND-BASED WIND TABLE
APC
MPC
Value
Wind Turbine
Blades
31.2
Rotor Hub
9.9
Nacelle
47.5
Power Converter
8.9
Production
0.9
Wind Tower Flanges
Material
0.8
Production
0.8
Tower
Steel/Iron Product
Steel or iron rebar in foundation
Steel/Iron Product
Total
100
(3) BATTERY ELECTRIC STORAGE SYSTEM (BESS) TABLE
APC
MPC
Grid-scale BESS
Distributed BESS
Battery Pack
Cells
38.0
18.1
Packaging
3.3
30.1
Thermal Management System
4.9
9.0
Battery Management System
5.2
9.0
Production
21.1
27.3
Inverter
Printed Circuit Board Assemblies
1.7
3.8
Electrical Parts
0.6
0.4
Climate Control
0.4
Enclosure
0.6
0.4
Production
1.9
1.9
Battery Container/Housing
Battery Racks and Metal Enclosure
15.8
Production
6.5
Steel or iron rebar in foundation
Steel/Iron Product
Total
100
100
.05
Battery Energy Storage System (BESS) Multiplier
. Solar PV and BESS systems have nameplate capacities denominated in different units (that is, kW versus kWh). Because the New Elective Safe Harbor was produced using nameplate capacity, the DOE has advised that a multiplier for BESS nameplate capacity is appropriate to align the different solar energy property listed in Table 1 of this notice. Taxpayers may use the BESS Multiplier only with respect to energy projects described in section 4.03(6) of this notice for which they make a valid election to use the New Elective Safe Harbor.
PV Market
Ground-mount
(tracker)
Ground-mount
(fixed-tilt)
Rooftop
(MLPE)
Rooftop (string
inverter)
Multiplier
0.57
0.75
0.69
0.99
.06
Definitions
(1)
Land-based wind
. The term “land-based wind” refers to an energy system using wind turbines to generate electricity on land.
(2)
Ground-mounted PV (tracker)
. The term “ground-mounted PV (tracker)” refers to an energy system using photovoltaic solar modules to generate electricity, mounted to a non-pre-existing, non-building structure, which integrates a solar tracker to rotate the solar modules.
(3)
Ground-mounted PV (fixed-tilt)
. The term “ground-mounted PV (fixed-tilt)” refers to an energy system using solar modules to generate electricity, mounted to a non-pre-existing, non-building structure, where the PV modules are mounted at a fixed angle and orientation.
(4)
Rooftop PV (MLPE)
. The term “rooftop PV (MLPE)” refers to an energy system using PV solar modules to generate electricity, mounted to a building structure, which integrates one or more microinverters or uses a DC-optimized inverter system to convert direct current electricity into alternating current electricity.
(5)
Rooftop PV (string inverter)
. The term “rooftop PV (string inverter)” refers to an energy system using solar modules to generate electricity, mounted to a building structure, which integrates one or more inverters to convert direct current electricity from a string of solar panels into alternating current electricity.
(6)
Grid-scale BESS
. The term “grid-scale BESS” refers to an energy storage system for electricity generation using battery cells and battery modules, which has a nameplate capacity greater than 1 megawatt-hour.
(7)
Distributed BESS
. The term “distributed BESS” refers to an energy storage system for electricity generation using battery cells and battery modules, which has a nameplate capacity not greater than 1 megawatt-hour.
.07
Examples
. The following examples illustrate the application of the New Elective Safe Harbor in Table 1 of this notice:
(1) Example 1.
(a) In taxable year 2024, taxpayer purchases a 5-megawatt alternating current (MWac) land-based wind facility (Applicable Project A) from Contractor under an engineering, procurement, and construction contract (EPC contract) and places Applicable Project A in service. Taxpayer makes a valid election to use the New Elective Safe Harbor to qualify for the domestic content bonus credit amount under § 45. Applicable Project A is comprised of four Applicable Project Components identified in Table 1 of this notice: wind turbine, wind tower flanges, tower, and steel rebar in foundation. For taxable year 2024, § 45(b)(9)(C) provides that, for purposes of the Adjusted Percentage Rule, the adjusted percentage is 40 percent for qualified facilities that are not offshore wind facilities.
(b) Taxpayer identifies the tower and steel rebar in foundation as steel or iron products in accordance with Table 1 of this notice. The tower and steel rebar in foundation are manufactured in the United States and meet the Steel or Iron Requirement described in section 3.02 of Notice 2023-38.
(c) Taxpayer identifies the wind turbine and the wind tower flanges as Manufactured Products in accordance with Table 1 of this notice.
(d) The wind turbine is manufactured in the United States and has four Manufactured Product Components: blades, rotor hub, nacelle, and power converter. The blades and nacelles are manufactured in the United States and the rotor hub and power converter are not manufactured in the United States. The wind turbine is, therefore, a Non-U.S. Manufactured Product because some of its Manufactured Product Components are not produced in the United States.
(e) The wind tower flanges are not manufactured in the United States and therefore are Non-U.S. Manufactured Products.
(f) Two Manufactured Product Components identified in Table 1 of this notice are U.S. Components, namely, the blades and nacelle of the wind turbine. Table 1 of this notice identifies the blades as constituting 31.2% and the nacelle as constituting 47.5% of the total cost of the Manufactured Products of the land-based wind facility. Therefore, Applicable Project A satisfies the Adjusted Percentage Rule because its Domestic Cost Percentage of 78.7% (31.2% + 47.5%) exceeds the adjusted percentage that applies to Applicable Project A (40%).
(2) Example 1.1. Assume the same facts as in Example 1, except Applicable Project A includes an interconnection transformer and substation. Because an interconnection transformer and substation are not included in Table 1 of this notice, and the taxpayer elected to use the New Elective Safe Harbor, the interconnection transformer and substation are excluded from the Domestic Cost Percentage calculation. Applicable Project A satisfies the Adjusted Percentage Rule because its Domestic Cost Percentage of 78.7% (31.2% + 47.5%) exceeds the adjusted percentage that applies to Applicable Project A (40%).
(3) Example 2.
(a) In taxable year 2024, Taxpayer purchases a 100-megawatt direct current (MWdc) ground-mounted PV (tracker) (Applicable Project B) from Contractor under an EPC contract, places the project in service, and makes a valid election to use the New Elective Safe Harbor to qualify for the domestic content bonus credit amount under § 48. Applicable Project B is an energy project for purposes of § 48 that is comprised of five categories of Applicable Project Components identified in Table 1 in this notice for a ground-mounted PV (tracker): PV modules, inverters, PV trackers, steel piles, and steel rebar in foundation. For purposes of the Adjusted Percentage Rule, the adjusted percentage is 40 percent for energy projects that are not offshore wind facilities. See § 48(a)(12)(B).
(b) In accordance with Table 1 of this notice, taxpayer identifies the steel piles and steel rebar in foundation as steel or iron products and the PV modules, inverters, and PV trackers as Manufactured Products.
(c) All of the steel piles and steel rebar in foundation are manufactured in the United States and meet the Steel or Iron Requirement.
(d) Two sets of PV modules are used in the Applicable Project B. One set has a capacity of 60 MWdc and uses PV modules manufactured in the United States, all of whose Manufactured Product Components, as identified in accordance with Table 1 of this notice, are also manufactured in the United States. The remaining set has a capacity of 40 MWdc and uses PV modules that are not manufactured in the United States and that have no U.S. Components. None of Applicable Project B’s PV inverters are manufactured in the United States or have any U.S. Components.
(e) The PV trackers used in Applicable Project B are manufactured in the United States and have seven categories of Manufactured Product Components (torque tubes, fasteners, slew drives, dampers, motor, controllers, and rails) of which a portion of the torque tubes are manufactured in the United States. The PV trackers are associated and directly integrated with all the PV modules used in Applicable Project B. The torque tubes manufactured in the United States are the only torque tubes associated and directly integrated with 80 MWdc of Applicable Project B’s PV modules. The remainder of torque tubes and other PV tracker components are not manufactured in the United States. The PV trackers are Non-U.S. Manufactured Products because some of their Manufactured Product Components are not produced in the United States.
(f) Applicable Project B’s steel or iron products identified in Table 1 of this notice meet the Steel or Iron Requirement. Table 1 of this notice identifies the torque tube Manufactured Product Component of a PV tracker as constituting 9.7% of the total cost of manufactured products for this type of Applicable Project. Table 1 of this notice identifies the Manufactured Product Components of a PV module as constituting 54.8% (36.9% + 5.3% + 3.7% + 2.2% + 3.7% + 1.6% + 0.2% + 0.2% + 0.2% + 0.4% + 0.4%) of the total cost of Manufactured Products for an Applicable Project that is a ground-mounted PV (tracker). In addition to these costs, Table 1 of this notice provides that the cost to produce PV modules for such an Applicable Project constitutes 11.5% of the total cost of Manufactured Products for such an Applicable Project. Based on a nameplate capacity weighted average of Applicable Project Component categories and Manufactured Product Component categories identified in Table 1 of this notice, the total Assigned Cost Percentage attributable to the PV modules of Applicable Project B would be calculated as: (54.8% + 11.5%) x 60 / 100 = 39.8%. Based on a nameplate capacity weighted average of Applicable Project Components associated with torque tubes, the Assigned Cost Percentage attributable to the torque tubes of Applicable Project B would be calculated as: 9.7% x 80 / 100 = 7.8%. Applicable Project B’s overall Domestic Cost Percentage is: 39.8% + 7.8% = 47.6%. Applicable Project B satisfies the Adjusted Percentage Rule because its Domestic Cost Percentage of 47.6% exceeds the adjusted percentage that applies to Applicable Project B (40%).
(4) Example 3.
(a) Assume the same facts as in Example 2, except that the PV modules used in Applicable Project B do not include backrails, but instead include another Manufactured Product Component not mentioned in Table 1 of this notice. In this case, the total Assigned Content Percentage associated with PV modules would be lowered by 5.3 percentage points. However, because all of the other components listed in Table 1 of this notice are in the PV modules and are manufactured in the United States, the PV modules are still considered to have been manufactured in the United States. Any component not mentioned in Table 1 of this notice may not count toward satisfying the Adjusted Percentage Rule.
(b) The calculation of the new Assigned Cost Percentage attributable to the PV modules of Applicable Project B is as follows: (54.8% - 5.3% + 11.5%) x 60 / 100 = 36.6%. The Assigned Cost Percentage attributable to the torque tubes of Applicable Project B is 7.8%. Applicable Project B’s overall Domestic Cost Percentage is 36.6% + 7.8% = 44.4%. The project satisfies the Adjusted Percentage Rule because its Domestic Cost Percentage of 44.4% exceeds the adjusted percentage that applies to Applicable Project B (40%).
(5) Example 4.
(a) Assume the same facts as in Example 2, except that the § 48 energy project (Applicable Project C) also includes a 240 MWh grid-scale BESS. The grid-scale BESS is comprised of four categories of Applicable Project Components identified in Table 1 of this notice: battery packs, battery inverters, battery container/housing, and steel rebar in foundation.
(b) In accordance with Table 1 of this notice, Taxpayer identifies the steel rebar in foundation as steel or iron products and the battery pack, battery inverters, and battery container/housing as Manufactured Products.
(c) All of the steel rebar in foundation is manufactured in the United States and meets the Steel or Iron Requirement. The battery packs and battery container/housing are manufactured in the United States and all their Manufactured Product Components, as identified in accordance with Table 1 of this notice, are manufactured in the United States, except for the battery packs’ cells. The battery container/housing is a U.S. Manufactured Product and the battery packs are Non-U.S. Manufactured Products with U.S. Components.
(d) None of the battery inverters or their components were manufactured in the United States. All of the inverters are therefore Non-U.S. Manufactured Products and the components of the inverters are not U.S. Components.
(e) Taxpayer elects to use the New Elective Safe Harbor to qualify for the domestic content bonus credit amounts under § 48. All of Applicable Project C’s steel or iron products identified in Table 1 of this notice meet the Steel or Iron Requirement. The solar PV portion of Applicable Project C has an Assigned Cost Percentage of 47.6%, as calculated in Example 2. Table 1 of this notice identifies the non-cell Manufactured Product Components of a battery pack as constituting 13.4% of the total cost of Manufactured Products within a grid-scale BESS. Table 1 of this notice identifies the Manufactured Product Component of a battery container/housing as constituting 15.8% of the total cost of Manufactured Products within a grid-scale BESS. Table 1 of this notice also identifies the cost to produce battery containers/housings for a grid-scale BESS (Production) as constituting 6.5% of the total cost of Manufactured Products within a grid-scale BESS. The BESS portion of Applicable Project C has a total Assigned Cost Percentage of 35.7% (13.4% + 15.8% + 6.5%).
(f) The overall Domestic Cost Percentage of Applicable Project C, comprising the 100 MWdc PV system and 240 megawatt-hours BESS, is calculated based on application of the relative capacities of each portion of the Applicable Project and the appropriate BESS Multiplier from section 4.05 of this notice, as follows: (47.6% x 100 + 35.7% x 240 x 0.57) / (100 + 240 x 0.57) = 40.7%. Applicable Project C satisfies the Adjusted Percentage Rule because its overall Domestic Cost Percentage of 40.7% exceeds the adjusted percentage that applies to Applicable Project C (40%).
(6) Example 5.
(a) In taxable year 2024, Taxpayer purchases a 10-kilowatt direct current (kWdc) rooftop PV solar system with a DC optimized inverter system (Applicable Project D) from Contractor under an EPC contract and places the project in service. Applicable Project D is an energy project for purposes of section 48 that is comprised of three categories of Applicable Project Components identified in Table 1 of this notice for a rooftop PV (MLPE): PV modules, DC optimized inverter system, and non-steel roof racking.
(b) The non-steel roof racking used in Applicable Project D is manufactured in the United States and has two categories of Manufactured Product Components (fasteners and rails) of which only the rails are manufactured in the United States. The non-steel roof racking is a Non-U.S. Manufactured Product because some of its Manufactured Product Components are not produced in the United States.
(c) Applicable Project D uses PV modules manufactured in the United States, of which only the PV cells are manufactured in the United States. The PV modules are Non-U.S. Manufactured Products because some of their Manufactured Product Components are not produced in the United States.
(d) Applicable Project D uses a DC optimized inverter system. The inverter and the DC optimizers are manufactured in the United States. The inverter uses printed circuit board assemblies produced in the United States; the DC optimizers use printed circuit board assemblies not produced in the United States.
(e) Taxpayer makes a valid election to use the New Elective Safe Harbor to qualify for the domestic content bonus credit amount under § 48. The PV cells in Applicable Project D are U.S. Components of the PV module. Table 1 of this notice identifies the PV cell Manufactured Product Component of a PV module as constituting 21.5% of the total cost of manufactured products for this type of Applicable Project. The rails in Applicable Project D are U.S. Components of the non-steel roof racking. Table 1 of this notice identifies the rails as constituting 8.6% of the total cost of manufactured products for this type of Applicable Project. The printed circuit board assemblies in Project D are both U.S. Components and Manufactured Product Components that are not produced in the United States of a DC optimized inverter system. Table 1 of this notice identifies the printed circuit board assemblies of an inverter as constituting 16.0% of the total cost of manufactured products for this type of Applicable Project. However, the individual printed circuit board assemblies do not have nameplate capacities and cannot be separated into exclusively foreign and exclusively domestic portions using the nameplate capacity of the associated Applicable Project Components with nameplate capacities with which they are directly integrated. Therefore, Applicable Project D cannot receive any credit for the domestically produced printed circuit board assemblies under the New Elective Safe Harbor.
(f) Applicable Project D’s overall Domestic Cost Percentage is: 21.5% + 8.6%= 30.1%. Applicable Project D does not satisfy the Adjusted Percentage Rule because its Domestic Cost Percentage of 30.1% is below the adjusted percentage that applies to Applicable Project D (40%).
.08
Certification
. An Applicable Project is eligible for a domestic content bonus credit amount if the Applicable Project satisfies the Domestic Content Requirement and the taxpayer timely submits to the IRS the certification described in section 5 of Notice 2023-38. To affirmatively elect to rely on the New Elective Safe Harbor, a taxpayer must provide on the Domestic Content Certification Statement described in section 5.01(2)(c) of Notice 2023-38 a statement that the taxpayer is relying on the New Elective Safe Harbor. As provided in section 5.01(2)(b) of Notice 2023-38, the Domestic Content Certification Statement must be attached to Form 8835,
Renewable Electricity Product Credit
; Form 3468,
Investment Credit
; or other applicable form for reporting domestic content bonus credit amounts under §§ 45, 45Y, 48, or 48E filed with the taxpayer’s annual return submitted to the IRS for the first taxable year in which the taxpayer reports a domestic content bonus credit amount for such Applicable Project.
SECTION 5. SUBSTANTIATION
A taxpayer reporting a domestic content bonus credit amount for meeting the Domestic Content Requirement must meet the general recordkeeping requirements under § 6001 in order to substantiate that the Domestic Content Requirement has been met. Section 6001 provides that every person liable for any tax imposed by the Code, or for the collection thereof, must keep such records as the Secretary of the Treasury or her delegate may from time to time prescribe. Section 1.6001-1(a) provides that any person subject to income tax must keep such permanent books of account or records as are sufficient to establish the amount of gross income, deductions, credits, or other matters required to be shown by such person in any return of such tax. Section 1.6001-1(e) provides that the books and records required by § 1.6001-1 must be retained so long as the contents thereof may become material in the administration of any internal revenue law. See also §§ 45(b)(12), 48(a)(16), 48E(a)(3)(B) (by cross-reference to § 48(a)(12)), and 45Y(f).
SECTION 6. REQUEST FOR COMMENTS
The Treasury Department and the IRS may consider updates to the New Elective Safe Harbor and request comments with respect to the following specific questions, in addition to general comments regarding the New Elective Safe Harbor, to inform the development of any future updates:
(1) Are there any other technologies, or technology subsets, that should be addressed by Table 1 of this notice, and what criteria should be used for new additions? How often should these tables be updated?
(2) Are there instances in which the nameplate capacity allocation approach in section 4.03 of this notice for calculating domestic content for a mix of foreign and domestic Manufactured Product Components should be clarified, either for current technologies or technologies that may be addressed in the future? In those instances, how should the Assigned Cost Percentages be allocated to Applicable Project Components with a mix of foreign and domestic Manufactured Product Components?
SECTION 7. PROCEDURES FOR SUBMITTING COMMENTS
.01
Deadline
. Written comments should be submitted by July 15, 2024. However, consideration will be given to any written comments submitted after July 15, 2024, if such consideration will not delay the issuance of future published guidance.
.02
Form and Manner
. The subject line for the comments should include a reference to Notice 2024-41. All stakeholders are strongly encouraged to submit comments electronically. Comments may be submitted in one of two ways:
(1) Electronically via the Federal eRulemaking Portal at
(type IRS-2024-0023 in the search field on the
homepage to find this notice and submit comments).
(2) By mail to: Internal Revenue Service, CC:PA:LPD:PR (Notice 2024-41), Room 5203, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044.
03
Publication of Comments
. The Treasury Department and the IRS will publish for public availability any comment submitted electronically or on paper to the IRS’s public docket on
SECTION 8. PAPERWORK REDUCTION ACT
Any collection burden associated with this notice is accounted for in Office of Management and Budget (OMB) control numbers 1545-0123 for businesses and 1545-0047 for non-profit organizations. The reporting requirements from section 4.08 of this notice and the recordkeeping requirements from section 5 of this notice are associated with the IRA-related changes to Form 3468 and Form 8835 that were approved, and will continue to be approved, under OMB control numbers 1545-0123 and 1545-0047. This notice does not alter any previously approved information collection requirements and does not create new collection requirements not already approved by OMB.
SECTION 9. EFFECT ON OTHER DOCUMENTS
Table 2 in section 3.04 of Notice 2023-38 is modified as provided in section 3.01 of this notice.
SECTION 10. DRAFTING INFORMATION
The principal author of this notice is the Office of Associate Chief Counsel (Passthroughs & Special Industries). However, other personnel from the Treasury Department and the IRS participated in its development. For further information regarding this notice, call the energy security guidance contact number at (202) 317-5254 (not a toll-free number).
Unless otherwise specified, all “section” or “§” references are to sections of the Code or the Income Tax Regulations (26 CFR part 1). Unless otherwise specified, capitalized terms used throughout this notice are defined in Notice 2023-38.
See §§ 13101(g), 13701(a), 13102(l), and 13702(a) of the IRA, respectively, for the domestic content bonus credit amount requirements under §§ 45(b)(9), 45Y(g)(11), 48(a)(12), and 48E(a)(3)(B).
Although “Production” is listed under the column for Manufactured Product Components (MPCs), it is not an MPC. “Production” refers to the production cost of the Manufactured Product and can only be included in the Domestic Cost Percentage if all of the MPCs of a Manufactured Product are domestically produced. See section 3.03(2) of Notice 2023-38.
Consistent with Notice 2023-38, the direct cost of producing a Manufactured Product counts toward the Domestic Cost Percentage only if all its Manufactured Product Components are domestically produced.
For purposes of this table, module-level power electronics inverter systems, including either microinverters or direct current (DC) optimizers, are considered an inverter product.
Includes transformers, capacitors, inductors, bus/cables, circuit protection not on printed circuit board (PCB) assemblies.
Consistent with Notice 2023-38, the direct cost of producing a Manufactured Product counts toward the Domestic Cost Percentage only if all its Manufactured Product Components are domestically produced.
Flanges are typically made from single pieces of steel bar or pre-formed steel ingot; therefore the only component of a flange would be the steel material.
Includes transformers, capacitors, inductors, bus/cables, circuit protection not on PCB assemblies.
Notice of Proposed Rulemaking
Transactions with Foreign Trusts and Information Reporting on Transactions with Foreign Trusts and Large Foreign Gifts
REG-124850-08
AGENCY:
Internal Revenue Service (IRS), Treasury.
ACTION:
Notice of proposed rulemaking and notice of public hearing.
SUMMARY:
This document contains proposed regulations that provide guidance regarding information reporting of transactions with foreign trusts and receipt of large foreign gifts and regarding loans from, and uses of property of, foreign trusts. This document also contains proposed amendments to the regulations relating to foreign trusts having one or more United States beneficiaries. The proposed regulations affect United States persons who engage in transactions with, or are treated as the owners of, foreign trusts, and United States persons who receive large gifts or bequests from foreign persons. This document also provides notice of a public hearing on the proposed regulations.
DATES:
Comments
: Electronic or written public comments must be received by July 8, 2024.
Public Hearing
: A public hearing on these proposed regulations has been scheduled for August 21, 2024, at 10:00 a.m. ET. Requests to speak and outlines of topics to be discussed at the public hearing must be received by July 8, 2024. If no outlines are received by July 8, 2024, the public hearing will be cancelled. Requests to attend the public hearing must be received by 5:00 p.m. ET on August 19, 2024.
ADDRESSES:
Commenters are strongly encouraged to submit public comments electronically. Submit electronic submissions via the Federal eRulemaking Portal at www.regulations.gov (indicate IRS and REG-124850-08) by following the online instructions for submitting comments. Requests for a public hearing must be submitted as prescribed in the “Comments and Requests for a Public Hearing” section. Once submitted to the Federal eRulemaking Portal, comments cannot be edited or withdrawn. The Department of the Treasury (Treasury Department) and the IRS will publish for public availability any comments submitted to the IRS’s public docket.
Send paper submissions to: CC:PA:01:PR (REG-124850-08), room 5203, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044.
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations, Lara A. Banjanin at (202) 317-6933 or S. Eva Wolf at (202) 317-3893 (not toll-free numbers); concerning submissions of comments, the hearing, or to be placed on the building access list to attend the hearing, Vivian Hayes at (202) 317-6901 (not a toll-free number) or by email at
publichearings@irs.gov
(preferred).
SUPPLEMENTARY INFORMATION:
Background
I.
In General
This document contains proposed amendments to 26 CFR part 1 under sections 643(i), 679, 6039F, 6048, and 6677 of the Internal Revenue Code (Code) (the
proposed regulations
). Section 6048, as significantly modified by the Small Business Job Protection Act of 1996 (
1996 Act
), Public Law 104-188 (110 Stat. 1755), and further amended by the Taxpayer Relief Act of 1997 (
1997 Act
), Public Law 105-34 (111 Stat. 788), and the Hiring Incentives to Restore Employment Act (
HIRE Act
), Public Law 111-147 (124 Stat. 71), generally requires U.S. persons to report transactions that involve foreign trusts. Section 6677, as significantly modified by the 1996 Act and further amended by the HIRE Act, imposes penalties on U.S. persons for failing to comply with section 6048. Section 6039F, which was added to the Code by the 1996 Act, and modified by the Tax Cuts and Jobs Act, Public Law 115-97 (131 Stat. 2054), requires U.S. persons to report the receipt of large gifts or bequests from foreign persons, and in the event of a failure to provide this information, section 6039F(c) imposes penalties and allows the IRS to recharacterize the purported gift or bequest as income. Section 643(i), which was added to the Code by the 1996 Act and amended by the HIRE Act, and section 679, as amended by the 1996 Act and the HIRE Act, provide additional rules intended to prevent taxpayers from avoiding U.S. income tax consequences through the use of foreign trusts.
On June 2, 1997, the Treasury Department and the IRS issued Notice 97-34, 1997-1 CB 422, which provides guidance on sections 643(i), 679, 6039F, 6048 and 6677 (the
foreign trust and gift provisions
) as enacted or modified by the 1996 Act. On August 7, 2000, the Treasury Department and the IRS published a notice of proposed rulemaking and a notice of public hearing (REG-209038-89) under section 679 in the
Federal Register
(65 FR 48185). On July 20, 2001, the Treasury Department and the IRS published final regulations under section 679. TD 8955 (66 FR 37866).
U.S. persons currently provide information required by the foreign trust and gift provisions on Form 3520,
Annual Return to Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts
, and Form 3520-A,
Annual Information Return of Foreign Trust With a U.S. Owner (Under section 6048(b))
. In 2015, section 2006(b)(9) and (10) of the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (
Surface Transportation Act
), Public Law 114-41 (129 Stat. 443), modified the due dates for Forms 3520 and 3520-A for taxable years beginning after December 31, 2015. On March 16, 2020, the Treasury Department and the IRS issued Revenue Procedure 2020-17, 2020-12 IRB 539, which exempts from section 6048 information reporting requirements certain U.S. individuals’ transactions with, and ownership of, certain tax-favored foreign trusts that are established and operated exclusively or almost exclusively to provide pension or retirement benefits, or to provide medical, disability, or educational benefits.
II.
Purpose of Foreign Trust and Gift Provisions
During the mid- to late-1990s, abusive tax schemes, including offshore schemes involving foreign trusts, reemerged in the United States after last peaking in the 1980s. GAO,
Efforts to Identify and Combat Abusive Tax Schemes Have Increased, But Challenges Remain
, GAO-02-733 (Washington D.C.: May 22, 2002). In these schemes, foreign trusts were used to transfer large amounts of assets offshore, where it was much more difficult for the IRS to identify whether U.S. persons owned an interest in such trusts, and whether such persons were reporting and paying the required taxes on their income from such trusts. Many of the foreign trusts were established in tax haven jurisdictions with bank secrecy laws. Before the 1996 Act amended sections 6048 and 6677, there was no requirement for U.S. persons to report distributions from foreign trusts, and the penalty for failing to report transfers to a foreign trust, or an annual foreign trust information return (on Form 3520-A), was limited to five percent of the transfer or trust corpus, as applicable, not to exceed $1,000. Given that, it was difficult for the IRS to obtain information about income earned by U.S.-owned foreign trusts and distributions to U.S. beneficiaries of foreign trusts, and sections 6048 and 6677 were generally ineffective at ensuring that U.S. persons provided this information. The result was “rampant tax avoidance.” 141 Cong. Rec. S13859 (daily ed. Sept. 19, 1995) (remarks of Senator Moynihan).
The foreign trust and gift provisions in the 1996 Act were designed to accommodate changes in the use of foreign trusts and to limit avoidance and evasion of U.S. tax. The most significant changes were made to sections 6048 and 6677 to enhance the IRS’s ability to obtain the information necessary to enforce the tax laws that apply to U.S. persons’ transactions with, and ownership of, foreign trusts. Other changes included enactment of new section 643(i) and amendments to section 679, each of which is designed to prevent tax avoidance through the use of foreign trusts. In addition, the legislation included new section 6039F, which enables the IRS to obtain information about large foreign gifts or bequests received by U.S. persons.
III.
Overview
A.
Section 643(i)
Section 643(i), as originally enacted in 1996, generally provides that, if a foreign trust makes a loan of cash or marketable securities directly or indirectly to any grantor or beneficiary of the foreign trust who is a U.S. person (other than an entity that is exempt from tax under Chapter 1 of the Code), or to a U.S. person related (under sections 267 and 707(b)) to such a grantor or beneficiary, the amount of the loan is treated as a distribution by the trust to the grantor or beneficiary. Section 643(i) also authorizes the Secretary to issue regulations providing exceptions, under which a loan by a foreign trust would not be treated as a distribution to the grantor or beneficiary of the trust. The 1996 Act’s legislative history explains that these regulations are expected to provide an exception under section 643(i) for loans with arm’s-length terms, and in applying this exception, the regulations should consider whether there is a reasonable expectation that the grantor, beneficiary, or related person would repay the loan. H.R. Conf. Rep. No. 737, 104
th
Cong., 2d Sess., at 334 (1996).
Section V.A of Notice 97-34 provides that a loan of cash or marketable securities by a foreign trust to a U.S. grantor or U.S. beneficiary of the trust, or to a U.S. person who is related to a U.S. grantor or U.S. beneficiary of the trust, is treated as a distribution under section 643(i) unless the loan is made in consideration for a qualified obligation that satisfies certain specified requirements. Notice 97-34 states that what constitutes a qualified obligation will be provided in regulations. (Section III.C of Notice 97-34 provides similar qualified obligation rules for transfers to foreign trusts. See section III.B of this Background.)
In 2010, Congress expanded the scope of section 643(i) in response to concerns that U.S. persons were avoiding the application of section 643(i) by using trust property other than cash or marketable securities without compensating the foreign trust for the use of the property. Section 533 of the HIRE Act amended section 643(i) to provide that any uncompensated use of trust property by a U.S. grantor or U.S. beneficiary of the foreign trust, or any U.S. person related to such U.S. grantor or U.S. beneficiary, generally is treated as a distribution of the fair market value of the use of such property to the U.S. grantor or U.S. beneficiary. This rule does not apply if the foreign trust is paid fair market value for the use of the trust property within a reasonable timeframe.
Loans and use of trust property are reported on Part III of Form 3520. Taxpayers provide this information based on guidance in section V.A of Notice 97-34, as well as the instructions for Form 3520. This information allows the IRS to determine whether the loan or use of trust property should be treated as a distribution pursuant to section 643(i).
B.
Section 679
1. 1976 Act
Section 679 was enacted by the Tax Reform Act of 1976 (
1976 Act
), Public Law 94-455 (90 Stat. 1520). Section 679 treats a U.S. person who directly or indirectly transfers property to a foreign trust as the owner of the portion of the foreign trust attributable to the transferred property to the extent that, under the terms of the trust, the income or corpus of the trust may be paid to or accumulated for the benefit of a U.S. person during the taxable year, including if the trust were to be terminated during the taxable year.
2. 1996 Act Amendments
Section 1903 of the 1996 Act made several important changes to section 679. For example, Congress was concerned that taxpayers were attempting to avoid the application of section 679(a)(1) by transferring property to a foreign trust in exchange for obligations from the foreign trust that might not be repaid and arguing that such obligations satisfied the fair market value exception in section 679(a)(2). H.R. Conf. Rep. No. 737, 104
th
Cong., 2d Sess., at 334-35 (1996). The fair market value exception provides that section 679(a)(1) does not apply to any transfer of property to a foreign trust in exchange for consideration of at least the fair market value of the transferred property. Accordingly, Congress added new section 679(a)(3), which generally provides that obligations issued by the foreign trust, by any grantor or beneficiary of the trust, or by any person related to any grantor or beneficiary, are not taken into account in applying the fair market value exception except as provided in regulations.
Section III.C of Notice 97-34 implemented the fair market value exception of section 679(a)(2)(B) and (a)(3) by providing that, if a U.S. person transfers money or other property to a related foreign trust in exchange for an obligation issued by the trust or by a person related to the trust, the obligation is taken into account for purposes of determining whether the U.S. person received fair market value from the foreign trust only if the obligation is a qualified obligation that satisfies certain specified requirements. (Section V.A of Notice 97-34 provides similar qualified obligation rules that apply with respect to loans from foreign trusts under section 643(i). See section III.A of this Background.) In 2001, the Treasury Department and the IRS issued final regulations under section 679 in TD 8955 (66 FR 37886) that included the section 679 qualified obligation rules described in Notice 97-34. See §1.679-4(d).
A U.S. person’s transfers to a foreign trust are reported on Part I of Form 3520, together with information about any qualified obligations received from the trust. Taxpayers provide this information based on the final regulations under section 679, as well as the instructions for Form 3520. This information allows the IRS to determine whether the U.S. person should be treated as an owner of the foreign trust under section 679.
3. HIRE Act Amendments
In 2010, the HIRE Act made five amendments to section 679, three of which are consistent with the final regulations under section 679, and two of which set forth new rules not reflected in the final regulations.
First, section 531(a) of the HIRE Act added new language to section 679(c)(1) to clarify that an amount is treated as accumulated for the benefit of a U.S. person even if the U.S. person’s interest in the foreign trust is contingent on a future event. This statutory amendment is consistent with §1.679-2(a)(2)(i), which states that the determination as to whether income or corpus may be paid to or accumulated for the benefit of a U.S. person is made without regard to whether the income or corpus actually is distributed to the U.S. person during the year, or whether the U.S. person’s interest in the income or corpus of the trust is contingent on a future event.
Second, section 531(b) of the HIRE Act added a new paragraph (4) to section 679(c) to clarify that, if any person has the discretion to make a distribution from the foreign trust to or for the benefit of any person, the trust shall be treated as having a U.S. beneficiary unless the terms of the trust specifically identify the class of persons to whom such distributions may be made, and none of those persons are U.S. persons during the taxable year. This statutory amendment is consistent with §1.679-2(a)(1), which provides that a foreign trust is treated as having a U.S. beneficiary unless no part of the trust’s income or corpus may be paid or accumulated to or for the benefit of a U.S. person, and if the trust is terminated at any time during the taxable year, no part of the trust’s income or corpus could be paid to or for the benefit of a U.S. person.
Third, section 531(c) of the HIRE Act added a new paragraph (5) to section 679(c) to clarify that, if any U.S. person who directly or indirectly transfers property to a foreign trust is directly or indirectly involved in any agreement or understanding that may result in the income or corpus of the trust being paid to or accumulated for the benefit of a U.S. person, then such an agreement or understanding shall be treated as constituting a term of the trust. This statutory amendment is consistent with §1.679-2(a)(4)(i), which, assuming that a transferor of property to a trust is generally directly or indirectly involved with any agreements regarding the accumulation or disposition of the income and corpus of the trust, allows the IRS to treat a foreign trust as having a U.S. beneficiary by looking beyond the language of the trust instrument to all written and oral agreements and understandings related to the trust, memoranda or letters of wishes, all records that relate to the actual distribution of income and corpus, and all other documents relating to the trust, whether or not of any purported legal effect.
Fourth, section 532 of the HIRE Act added a new paragraph (d) to section 679, which provides a presumption that a foreign trust has a U.S. beneficiary in certain circumstances. If a U.S. person directly or indirectly transfers property to a foreign trust (other than certain compensatory and charitable trusts), the IRS may treat the trust as having a U.S. beneficiary for purposes of applying section 679 to the transfer unless the U.S. person submits such information to the IRS as the IRS may require and demonstrates to the satisfaction of the IRS that the trust satisfies the requirements of section 679(c)(1).
Finally, section 533(c) of the HIRE Act added a new paragraph (6) to section 679(c), which generally treats a loan of cash or marketable securities to, or the use of any other trust property by, any U.S. person, whether or not a beneficiary under the terms of the trust, as paid to or accumulated for the benefit of a U.S. person. Section 679(c)(6) does not apply to the extent that the U.S. person repays the loan at a market rate of interest or pays the fair market value of the use of the property within a reasonable period of time. The effect of section 679(c)(6) is that, if a foreign trust is not already treated as having a U.S. beneficiary, a loan by the trust of cash or marketable securities to a U.S. person or the uncompensated use of trust property by a U.S. person may cause the foreign trust to be treated as having a U.S. beneficiary, with the result that a U.S. person who transferred property to the trust may be treated as the owner of the trust under section 679(a).
Final regulations were issued under section 679 in 2001, and although instructions for Form 3520 and Form 3520-A have been updated to take into account the HIRE Act amendments to section 679, regulations implementing these amendments have not been issued.
C.
Section 6039F
Section 1905 of the 1996 Act created new reporting requirements under section 6039F for U.S. persons (other than certain exempt organizations) that receive large gifts (including bequests) from foreign persons. The new information reporting provisions require U.S. persons to provide information concerning the receipt of large amounts that they treat as foreign gifts or bequests, giving the IRS an opportunity to review the characterization of these payments and determine whether they are properly treated as gifts.
Section 6039F(b) generally defines the term
foreign gift
as any amount received from a person other than a U.S. person that the recipient treats as a gift or bequest. However, a foreign gift does not include a qualified transfer (within the meaning of section 2503(e)(2)) or a distribution from a foreign trust. A distribution from a foreign trust must be reported as a distribution under section 6048(c) (discussed in section III.E of this Background) rather than as a gift under section 6039F.
Section 6039F(c) provides that, if a U.S. person fails, without reasonable cause, to report a foreign gift as required by section 6039F, then (i) the tax consequences of the receipt of the gift will be determined by the Secretary and (ii) the U.S. person will be subject to a penalty equal to 5 percent of the amount of the gift for each month the failure to report the foreign gift continues, with the total penalty not to exceed 25 percent of the value of the gift. Under sections 6039F(a) and (d), reporting is required if the value of the aggregate foreign gifts received by a U.S. person during any taxable year exceeds $10,000, as modified by cost-of-living adjustments. Under section VI.B.1 of Notice 97-34, however, a U.S. person is required to report gifts from a foreign individual or foreign estate only if the aggregate amount of gifts from that foreign individual or foreign estate exceeds $100,000 during the U.S. person’s taxable year. Section VI.B.3 of Notice 97-34 provides guidance on when a U.S. person must aggregate foreign gifts received from foreign persons that the U.S. person knows or has reason to know are related to each other. Once the $100,000 threshold has been met, the U.S. person must identify each foreign gift in excess of $5,000 but is not required to identify the transferor.
A U.S. person who receives foreign gifts that exceed the threshold amounts must report the foreign gifts on Part IV of Form 3520. Taxpayers provide this information based on guidance in section VI of Notice 97-34, as well as the instructions for Form 3520.
D.
Section 6048
Section 6048(a) through (c) contains three distinct reporting obligations with respect to a U.S. person’s transactions with, and ownership of, foreign trusts.
1. Section 6048(a)
Section 6048(a) generally requires a responsible party to file information returns upon the occurrence of certain reportable events. A
responsible party
is the U.S. grantor of an inter vivos foreign trust, the U.S. transferor, or the executor of a U.S. decedent’s estate. A
reportable event
is (a) the creation of any foreign trust by a U.S. person; (b) the direct or indirect transfer of any money or property to a foreign trust by a U.S. person, including a transfer by reason of death; or (c) the death of a U.S. citizen or resident if the decedent was treated as the owner of any portion of a foreign trust or if any portion of a foreign trust was included in the gross estate of the decedent. Section 6048(a)(3)(B)(i) provides an exception for transfers for fair market value the fair market value exception, and section 6048(a)(3)(B)(ii) provides an exception for transfers to certain deferred compensation and charitable trusts. (These exceptions correspond to the current substantive exemptions to the scope of section 679. See section 679(a)(1) and (2)(B).)
A reportable event is reported on Part I of Form 3520. Section III of Notice 97-34 and the instructions for Form 3520 provide information to taxpayers regarding this reporting. Section 6048(a) enables the IRS to obtain the information necessary to enforce sections 679 (discussed in section III.B of this Background) and 684 (added by section 1131(b) of the 1997 Act to provide for recognition of gain on certain transfers to foreign trusts).
2. Section 6048(b)
Section 6048(b)(1) generally requires a U.S. person who is treated as the owner of any portion of a foreign trust under the grantor trust rules (
U.S. owner
) to ensure that the trust (i) files an annual information return to provide a full accounting of all the trust activities for the trust’s taxable year and (ii) furnishes an annual information statement to each U.S. owner and to any other U.S. person who receives (directly or indirectly) any distribution from the trust during the year (
U.S. beneficiary
). In addition, the U.S. owner must submit such information as the IRS may prescribe with respect to the foreign trust.
Section 6048(b)(2) provides that, unless a foreign trust with a U.S. owner appoints a U.S. agent, the Secretary may determine the amounts required to be taken into account with respect to such trust by the U.S. owner under the grantor trust rules. The U.S. agent will be required to act as the foreign trust’s limited agent solely for purposes of applying sections 7602, 7603, and 7604 with respect to any request or summons by the Secretary in connection with the tax treatment of any items related to the trust. Certain rules (similar to the rules of section 6038A(e)(2) and (4)) relating to the enforcement of requests for certain records with respect to foreign-owned corporations will apply. Information about the U.S. agent must be reported on both the U.S. owner’s Form 3520 and the foreign trust’s Form 3520-A.
The foreign trust’s annual information return is Form 3520-A, and any additional information required to be submitted by the U.S. owner is provided on Part II of Form 3520. The information statements that the foreign trust must furnish to each U.S. owner and to each U.S. beneficiary who receives a distribution are the Foreign Grantor Trust Owner Statement and the Foreign Grantor Trust Beneficiary Statement, as applicable. Taxpayers provide this information based on guidance in section IV of Notice 97-34, as well as the instructions for Form 3520 and Form 3520-A. If the foreign trust fails to file Form 3520-A, section 6677 imposes a penalty on the U.S. owner. In order to avoid penalties under section 6677, the U.S. owner must complete a substitute Form 3520-A for the foreign trust and attach it to the U.S. owner’s Form 3520. See instructions for Part II of Form 3520.
3. Section 6048(c)
Section 6048(c)(1) provides that any U.S. person who directly or indirectly receives any distribution from a foreign trust is required to file an information return to report the name of the trust, the aggregate amount of the distributions received, and any other information that the Secretary may prescribe. Section 6048(c)(2) generally provides that, if adequate records are not provided to the Secretary to determine the proper treatment of a distribution from a foreign trust, the distribution is treated as an accumulation distribution. However, to the extent provided in regulations, this rule does not apply if the foreign trust authorizes a U.S. person to act as its limited agent under rules similar to the rules of section 6048(b)(2)(B) (discussed in section III.D.2 of this Background). Section 6048(d)(5) (discussed in section III.D.4 of this Background) provides that a U.S. person’s treatment of a distribution from a foreign trust must be consistent with the trust’s treatment of such item or the Secretary must be notified of the inconsistency.
Distributions from a foreign trust are reported on Part III of Form 3520. Taxpayers provide this information based on guidance in section V of Notice 97-34, as well as the instructions for Form 3520. Section 6048(c) enables the IRS to obtain the information it needs to enforce the rules relating to the taxation of accumulation distributions (sections 665 through 669), as well as sections 672(f), 643(h), and 643(i). Section 6048(c) requires any U.S. person, including a U.S. owner and U.S. beneficiary of a foreign trust, who receives a distribution from a foreign trust to report information about the distribution. See
Wilson v. United States
, 6 F.4
th
432 (2d Cir. 2021), rev’g, No. 19-CV-5037 (BMC), 2019 WL 6118013 (E.D.N.Y. Nov. 18, 2019) (holding that when an individual is both the sole owner and beneficiary of a foreign trust and fails to timely report distributions received from the trust, the IRS may impose a penalty under section 6677 equal to 35 percent of the gross reportable amount).
4. Section 6048(d)
Section 6048(d)(1) provides that, for purposes of section 6048, in determining whether a U.S. person makes a transfer to, or receives a distribution from, a foreign trust, the fact that a portion of the trust is treated as owned by another person under the grantor trust rules is disregarded.
Section 6048(d)(2) provides that, to the extent provided in regulations, a domestic trust will be treated as a foreign trust for purposes of sections 6048 and 6677 if the trust has substantial activities, or holds substantial property, outside the United States. The legislative history includes the statement “that in exercising its regulatory authority to treat a U.S. trust as a foreign trust for purposes of information reporting purposes, the Secretary of the Treasury will take into account the information that such a trust reported under the domestic trust reporting rules.” H.R. Conf. Rep. 737, 104
th
Cong., 2d Sess. at 338 (1996). Section VIII.C of Notice 97-34 states that the Treasury Department and the IRS are studying the appropriate scope of section 6048(d)(2) and that, until further guidance is issued, a domestic trust is not treated as a foreign trust pursuant to section 6048(d)(2).
Section 6048(d)(3) provides that any notice or return required under section 6048 is to be made at such time and in such manner as the Secretary prescribes.
Section 6048(d)(4) authorizes the IRS to suspend or modify any requirement of section 6048 if the IRS determines that the United States has no significant tax interest in obtaining the required information. The Treasury Department and the IRS previously have issued guidance providing that information reporting under section 6048(c) is not required with respect to distributions from certain foreign compensatory trusts, provided that the U.S. person who receives the distribution reports the distribution as compensation income on an applicable Federal income tax return, and that information reporting under section 6048(a) through (c) is not required with respect to certain Canadian retirement plans. See Section V of Notice 97-34; Rev. Proc. 2014-55, 2014-44 I.R.B. 753. In addition, on March 16, 2020, the Treasury Department and the IRS issued Revenue Procedure 2020-17, which exempts from section 6048 information reporting requirements certain U.S. individuals’ transactions with, and ownership of, certain tax-favored foreign trusts that are established and operated exclusively or almost exclusively to provide pension or retirement benefits or to provide medical, disability, or educational benefits.
Section 6048(d)(5) (added by section 1027(b) of the 1997 Act) provides that a U.S. person who either is treated as an owner of any portion of a foreign trust or receives (directly or indirectly) any distribution from a foreign trust must treat any portion owned or any item distributed in a manner that is consistent with the trust’s treatment of such ownership or item; otherwise, the U.S. person must notify the Secretary of the inconsistency. A similar rule in section 6034A(c) (added by section 1027(a) of the 1997 Act) generally provides that a beneficiary of an estate or trust is required to file a return in a manner that is consistent with the information received from the estate or trust, unless the beneficiary files with the return a notification of inconsistent treatment identifying the inconsistency. The Treasury Department and the IRS are of the view that the rules in sections 6034A(c) and 6048(d)(5) are to be interpreted as comparable to the consistency rules that already apply to S corporation shareholders and partners in partnerships. H.R. Conf. Rep. 220, 105
th
Cong., 1st Sess. at 551 (1997). Taxpayers may use Form 8082,
Notice of Inconsistent Treatment or Administrative Adjustment Request (AAR)
, to report an inconsistency.
Although regulations were issued under section 6048, these regulations now are obsolete because they were issued under an earlier version of section 6048. These regulations were removed as a result of regulations issued pursuant to Executive Order 13789. See TD 9849 (84 FR 9231).
E.
Section 6677
Under section 6677, as amended by section 1901(b) of the 1996 Act, a U.S. person who fails to file a required information return under section 6048(a) or (c) is subject to an initial penalty of 35 percent of the gross reportable amount (generally, the value of the property transferred or received). If an information return required under section 6048(b) is not filed, the U.S. person who is treated as the owner of the foreign trust is subject to an initial penalty of five percent of the gross reportable amount (the trust corpus at the end of the year). See also
Wilson v. United States
, 6 F.4th 432 (2d Cir. 2021) (holding that
gross reportable amount
has multiple meanings under section 6677(c) that differ depending on the part of section 6048 that is violated), rev’g, No. 19-CV-5037 (BMC), 2019 WL 6118013 (E.D.N.Y. 2019). In all cases, if the failure to file an information return continues for more than 90 days after the day on which the IRS mails notification of the failure, an additional $10,000 penalty is imposed for each 30-day period (or fraction thereof) during which the failure continues. The total amount of the penalties with respect to any failure cannot exceed the gross reportable amount with respect to that failure. If the gross reportable amount is partially reported, then the penalties are applied based on the amount that is unreported. Section VII of Notice 97-34.
Section 535 of the HIRE Act strengthened the penalty structure by further amending section 6677 to allow the IRS to impose penalties when it does not have enough information to determine the gross reportable amount. Section 6677, as amended, provides that the initial penalty is the greater of $10,000 or 35 percent (five percent in the case of a failure to comply with section 6048(b)) of the gross reportable amount. Thus, the IRS may impose an initial penalty of $10,000 on a U.S. person who fails to report information without having any information about the foreign trust’s gross reportable amount. The amendment did not change the rules for the additional penalties of $10,000 for each 30-day period (or fraction thereof) during which the failure to report continues.
Section 6677, as amended, also provides that, if the IRS, after having assessed penalties, obtains sufficient information to determine the gross reportable amount, any subsequent penalty imposed will be reduced as necessary to ensure that the aggregate amount of the penalties does not exceed the gross reportable amount. To the extent that the amount already paid exceeds the gross reportable amount, the IRS will refund the excess to the U.S. person pursuant to section 6402.
Section 6677(d) provides that no penalty will be imposed on any failure that is shown to be due to reasonable cause and not due to willful neglect. It further provides that the fact that a foreign jurisdiction would impose a civil or criminal penalty on the U.S. person (or any other person) for disclosing the required information is not reasonable cause.
Section 6677(e) provides that subchapter B of chapter 63 (relating to deficiency procedures for income, estate, gift, and certain excise taxes) does not apply in respect of the assessment or collection of any penalty imposed under section 6677.
F.
Section 643(a)(7)
Section 643(a)(7), which was added to the Code by section 1906(b) of the 1996 Act, provides that the Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of part I of subchapter J of chapter 1 of the Code (sections 641 through 685), including regulations to prevent avoidance of such purposes.
G.
Information return due dates
Section 2006(b) of the Surface Transportation Act provides that, in the case of returns for taxable years beginning after December 31, 2015, the Secretary, or the Secretary’s designee, shall modify the appropriate regulations addressing certain due dates. Section 2006(b)(9) provides that the due date of Form 3520-A shall be the 15th day of the third month after the close of the trust’s taxable year, and the maximum extension shall be a 6-month period beginning on such day. Section 2006(b)(10) states that the due date of Form 3520 for calendar year filers shall be April 15 with a maximum extension for a 6-month period ending on October 15.
Explanation of Provisions
I. Section 643(i) – Loans to and Uses of Foreign Trust Property by U.S. Persons
These proposed regulations provide rules relating to loans from foreign trusts to U.S. persons and uses of foreign trust property by U.S. persons. They generally incorporate the section 643(i) guidance that was provided in Notice 97-34 (discussed in section III.A of the Background), with certain modifications to provide procedural rules, such as how to determine a loan’s yield to maturity and how to extend the period of assessment for any income tax associated with the loan, and anti-abuse rules, such as requiring payments and information reporting to be timely. In addition, the proposed regulations provide guidance implementing the HIRE Act amendments to section 643(i).
A.
Application of section 643(i) to loans by or uses of property of a foreign trust
Proposed §1.643(i)-1 provides rules for determining when a loan of cash or marketable securities from a foreign nongrantor trust, made to a U.S. person who is either a grantor or beneficiary of the foreign trust or is related to a U.S. person who is a grantor or beneficiary of the foreign trust, will be treated as a distribution under subchapter J of chapter 1 of the Code (a
section 643(i) distribution
) to the U.S. grantor or beneficiary of the foreign trust. These rules also apply to determine whether a distribution is made when any such U.S. persons use the property of the foreign trust.
These rules apply solely for purposes of subparts B, C, and D (sections 651-652, 661-664, and 665-668) of part I of subchapter J of chapter 1 of the Code, and thus section 643(i) does not apply to a foreign trust to the extent that it is a grantor trust described in subpart E (sections 671 through 679) of part I of subchapter J. Although section 643(i) applies to loans of cash or marketable securities from a foreign trust to a U.S. grantor or a U.S. person related to a U.S. grantor, these provisions of section 643(i) predate the HIRE Act, which enacted section 679(c)(6). Under section 679, a U.S. person who transfers property to a foreign trust is treated as the owner of the portion of the trust attributable to the property transferred to the trust if there is a U.S. beneficiary of any portion of the trust, unless an exception applies. Section 679(c)(6) provides that any direct or indirect loan of cash or marketable securities to a U.S. person, or direct or indirect use of any other trust property by a U.S. person, whether or not the U.S. person is a beneficiary under the terms of the trust, will be treated as paid to or accumulated for the benefit of a U.S. person, unless an exception applies (see proposed §1.679-2(a)(5)(iii)). That is, the U.S. person will be treated as a beneficiary of the foreign trust for purposes of section 679. In most circumstances, this causes the foreign trust to be a grantor trust under section 679, removing it from the purview of section 643(i). Section 643(i), therefore, will rarely apply to a U.S. grantor or a U.S. person related to a U.S. grantor. It might apply, however, if the U.S. grantor created but did not make a transfer to the foreign trust.
Proposed §1.643(i)-1(b)(1) provides that, unless an exception applies, any loan of cash or marketable securities made from a foreign trust (whether from trust corpus or income) directly or indirectly to a U.S. grantor or beneficiary of the trust or to any U.S. person related to a U.S. grantor or beneficiary of the trust is treated as a section 643(i) distribution to such U.S. grantor or beneficiary as of the date on which the loan is made. For these purposes, a loan to a grantor trust or to a disregarded entity is treated as a loan to the owner of the grantor trust or of the disregarded entity. For example, a loan to a single member LLC treated as a disregarded entity is treated as a loan to the owner of the LLC.
Proposed §1.643(i)-1(b)(2)(i) describes indirect loans for purposes of section 643(i) to include loans made through an intermediary, agent, or nominee. Proposed §1.643(i)-1(b)(2)(i) also provides three examples of indirect loans: (1) a loan made by any person to a U.S. grantor or beneficiary of a foreign trust or any U.S. person related to a U.S. grantor or beneficiary if the foreign trust guarantees (within the meaning of §1.679-3(e)(4)) the loan; (2) a loan made by any person related (within the meaning of proposed §1.643(i)-1(d)(9)) to the foreign trust to a U.S. grantor or beneficiary of the foreign trust or to a U.S. person related to a U.S. grantor or beneficiary; and (3) a loan made by a foreign trust to a foreign person, other than to a nonresident alien individual who is a grantor or beneficiary of the trust, if the foreign person is related (within the meaning of proposed §1.643(i)-1(d)(9)) to a U.S. grantor or beneficiary of the trust. See proposed §1.643(i)-1(b)(2)(i)(A) through (C). However, the loans described in examples (2) and (3) above are excepted from section 643(i) treatment if the U.S. grantor or beneficiary of the foreign trust satisfies the information reporting requirements of proposed §1.6048-4 with respect to the loan and attaches to a Federal income tax return an explanatory statement that demonstrates to the satisfaction of the IRS that the loan would have been made without regard to the U.S. grantor’s or beneficiary’s relationship to the foreign trust. See proposed §1.643(i)-1(b)(2)(ii). There is no such exception for a loan made by any person that is guaranteed (within the meaning of §1.679-3(e)(4)) by a foreign trust because a foreign trust is unlikely to guarantee such a loan absent its relationship with the U.S. grantor or beneficiary.
Proposed §1.643(i)-1(b)(2)(iii) provides that loans from a foreign trust to a U.S. grantor or beneficiary or U.S. person related to a U.S. grantor or beneficiary through an intermediary are treated as made directly from the foreign trust to the U.S. grantor or beneficiary or U.S. person related to a U.S. grantor or beneficiary.
In order to discourage grantors and beneficiaries of a foreign trust from changing their U.S. residence in a particular year to avoid the application of section 643(i), proposed §1.643(i)-1(b)(3) provides an anti-abuse rule. If a nonresident alien who is a grantor or beneficiary of a foreign trust receives a loan from the foreign trust and becomes a U.S. person within two years, that grantor or beneficiary will be subject to section 643(i) with respect to the outstanding amount of the loan as of the date the grantor or beneficiary acquires U.S. residence or citizenship if the loan was not a qualified obligation as of the date that it was made.
Proposed §1.643(i)-1(c) provides that any direct or indirect use of other property of a foreign trust by a U.S. grantor or beneficiary or any U.S. person related to a U.S. grantor or beneficiary is treated as a section 643(i) distribution to the U.S. grantor or beneficiary in the taxable year in which the use occurs. Use of property of a foreign trust by a grantor trust or a disregarded entity is treated as use by the owner of the grantor trust or of the disregarded entity. For example, use of trust property by a single member LLC treated as a disregarded entity would be treated as use by the owner of the LLC.
Proposed §1.643(i)-1(c)(2)(i) describes indirect use of trust property to include use by an agent or nominee. Indirect use of trust property also includes use by a foreign person, other than a nonresident alien individual who is a beneficiary of the foreign trust, if the foreign person is related to a U.S. grantor or beneficiary of the trust, unless the U.S. grantor or beneficiary reports the use of trust property on Part III of Form 3520, as required by proposed §1.6048-4, and attaches to the U.S. grantor’s or beneficiary’s Federal income tax return an explanatory statement that demonstrates to the satisfaction of the IRS that the use of trust property would have been made without regard to the U.S. grantor’s or beneficiary’s relationship to the foreign trust. See proposed §1.643(i)-1(c)(2).
B.
Exceptions
Proposed §1.643(i)-2(a) provides four exceptions to the general rule of proposed §1.643(i)-1(b)(1):
First, the general rule will not apply to any loan of cash in exchange for a qualified obligation within the meaning of proposed §1.643(i)-2(b)(2)(iii). The proposed regulations do not provide an exception from the general rule for loans of marketable securities as such a rule would be more difficult to apply, and it is less likely that a foreign trust would make a loan of marketable securities. The Treasury Department and the IRS request comments on whether qualified obligation rules are needed for loans of marketable securities.
Second, in the case of a use of trust property other than a loan of cash or marketable securities, the general rule will not apply to the extent that the foreign trust receives the fair market value of such use within a reasonable period (described in proposed §1.643(i)-2(a)(2)(ii) as 60 days or less) from the start of the use of the trust property. The fair market value of the use will be based on all the facts and circumstances, including the type of property used and the period of use.
Third, the general rule will not apply to any de minimis use of trust property (described in proposed §1.643(i)-2(a)(3) as aggregate use by members of a group consisting of the U.S. grantors and beneficiaries and the U.S. persons related to them for a total of 14 days or less during the taxable year), other than a loan of cash or marketable securities, by a U.S. grantor or beneficiary or a U.S. person related to a U.S. grantor or beneficiary.
Fourth, the general rule will not apply to a loan of cash that is made by a foreign corporation to a U.S. beneficiary of the foreign trust to the extent the aggregate amount of all such loans to the beneficiary does not exceed undistributed earnings and profits of the foreign corporation attributable to amounts that are, or have been, included in the beneficiary’s gross income under section 951, 951A, or 1293. This exception is intended to prevent double taxation that could result by reason of the application of section 643(i) to an amount that has already been included in the U.S. beneficiary’s gross income as a subpart F income inclusion, a global intangible low-taxed income inclusion, an inclusion by reason of a controlled foreign corporation’s investment of earnings in United States property, or a qualified electing fund inclusion. The Treasury Department and the IRS request comments on whether the scope of the exception is appropriate, and whether ordering rules to determine the sourcing of loan amounts, for example, rules based on the principles of section 959 or similar to the provisions of §1.672(f)-4(c)(3), or other clarifications on the exception’s application, are necessary.
C.
Qualified obligations
Proposed §1.643(i)-2(b) provides rules for determining whether a loan of cash is made in exchange for a qualified obligation. Proposed §1.643(i)-2(b)(2) defines the terms
obligor
obligation
, and
qualified obligation
. The definitions of obligation and qualified obligation are consistent with the amended definitions of obligation and qualified obligation in proposed §1.679-1(c)(6) and §1.679-4(d), respectively. The term
obligor
means a person who issues an obligation (within the meaning of proposed §1.643(i)-2(b)(2)(i)) to a foreign trust in exchange for a loan of cash. The term
obligation
means any instrument or contractual arrangement that constitutes indebtedness under general principles of Federal income tax law (for example, a bond, note, debenture, certificate, bill receivable, account receivable, note receivable, open account, or other evidence of indebtedness), and an annuity contract that would not otherwise be classified as indebtedness under general principles of Federal income tax law. Under proposed §1.643(i)-2(b)(2)(iii)(A), the term
qualified obligation
means an obligation that satisfies all of the following requirements:
First, the obligation must be in writing.
Second, the term of the obligation must not exceed five years.
Third, all payments on the obligation must be made in cash in U.S. dollars. The Treasury Department and the IRS stress this requirement to make all payments in cash in U.S. dollars, in light of abusive transactions in which taxpayers have used an inflated valuation of in-kind property to purportedly repay an obligation.
Fourth, the obligation must be issued at par and must provide for stated interest at a fixed rate or a qualified floating rate within the meaning of §1.1275-5(b).
Fifth, the yield to maturity must be not less than 100 percent and not greater than 130 percent of the applicable Federal rate in effect under section 1274(d) on the day on which the obligation is issued. The yield to maturity and the applicable Federal rate must be based on the same compounding period. If an obligation is a variable rate debt instrument that provides for stated interest at a qualified floating rate, the rules in §§1.1274-2(f)(1) and 1.1275-5(e) apply to determine the obligation’s yield to maturity.
Sixth, all stated interest on the obligation must be qualified stated interest within the meaning of §1.1273-1(c).
In addition to these six initial requirements, for both the first year and each succeeding year in which the obligation remains outstanding, the three requirements of proposed §1.643(i)-2(b)(2)(iii)(B) must be satisfied in order for the obligation to remain a qualified obligation. First, the U.S. grantor or beneficiary (as the person who would be subject to income tax if an obligation either is not a qualified obligation or ceases to be a qualified obligation) must extend the period for assessment on Part III of Form 3520 (under rules described in proposed §1.643(i)-2(b)(2)(iii)(B)(
)) of any income tax attributable to the loan and any consequent income tax changes for each year that the obligation is outstanding to a date not earlier than three years after the maturity date of the obligation issued in consideration for the loan. Second, the U.S. grantor or beneficiary must report the status of the obligation, including any payments made, on Part III of Form 3520. Third, the obligor must make all payments of principal and interest on the obligation according to the terms of the obligation.
Proposed §1.643(i)-2(b)(3) provides that, if the terms of the obligation are modified and the modification is treated as an exchange under §1.1001-3, the new obligation that is deemed issued in the exchange under §1.1001-3 must satisfy the requirements in proposed §1.643(i)-2(b)(2)(iii) to be a qualified obligation using the original obligation’s issue date. If the modification is not treated as an exchange under §1.1001-3, then the obligation is retested as of the date of the modification to determine whether the obligation, as modified, continues to satisfy the requirements to be a qualified obligation.
Proposed §1.643(i)-2(b)(4) provides that if, while the obligation is outstanding, the U.S. obligor directly or indirectly issues another obligation to the foreign trust in exchange for cash, the outstanding obligation is deemed to have the maturity date of the new obligation for purposes of determining whether the term of the outstanding obligation exceeds five years. The outstanding obligation must be retested as of the issue date of the new obligation to determine whether the outstanding obligation continues to be a qualified obligation. The new obligation also must be separately tested to see if it satisfies the requirements to be a qualified obligation.
Proposed §1.643(i)-2(b)(5) provides that the IRS may treat two or more obligations issued by a U.S. obligor as a single obligation that is not a qualified obligation if they are structured with a principal purpose to avoid the application of section 643(i).
Proposed §1.643(i)-2(b)(6) provides that, if a qualified obligation ceases to be a qualified obligation (for example, because a modification causes the term of the obligation to exceed five years), the U.S. grantor or beneficiary is treated as receiving a section 643(i) distribution from the foreign trust. In general, the amount of the section 643(i) distribution is the obligation’s outstanding stated principal amount plus any accrued but unpaid qualified stated interest (within the meaning of §1.1273-1(c)) as of the date of the event that causes the obligation to no longer be a qualified obligation. If the IRS treats two or more obligations as a single obligation that is not a qualified obligation under proposed §1.643(i)-2(b)(5), then the amount of the section 643(i) distribution will not exceed the sum of the outstanding stated principal amounts of the obligations plus any accrued but unpaid qualified stated interest as of the date determined by the IRS.
D.
Trust property attributable to nongrantor trust portion
Proposed §1.643(i)-2(c) provides rules for determining the extent to which a loan or use of trust property from a partial nongrantor trust will be attributable to the nongrantor trust portion. Generally, a loan or use of trust property from a partial nongrantor trust must be apportioned in a manner that is reasonable based on all the facts and circumstances, including the terms of the governing instrument, local law, and the practice of the trustee, if it is reasonable and consistent. However, if a loan or use of trust property can be made from only one portion of the foreign trust because the type of property loaned or used is held only by that portion, then the loan or use of property is attributable to that portion.
E.
Reporting
The Treasury Department and the IRS are of the view that it is appropriate to require reporting, pursuant to the authority granted to the Treasury Department and the IRS by section 643(a)(7), of all loans and uses of trust property that are potentially subject to section 643(i), in order to ensure that the IRS has the information necessary to enforce taxpayer compliance with these rules. Thus, proposed §1.643(i)-2(d) provides that any loan of cash or marketable securities by a foreign trust to a U.S. person and any use by a U.S. person of property belonging to a foreign trust, without regard to whether such loan or use of property is treated as a section 643(i) distribution, also is a distribution within the meaning of proposed §1.6048-4(b) and subject to the information reporting described under proposed §1.6048-4(a). See proposed §1.6048-4(b)(3)(ii) and (iii) and (b)(4)(ii) and (iii).
F.
Amount treated as section 643(i) distribution
Proposed §1.643(i)-3(a) provides rules for determining the amount that is treated as a section 643(i) distribution if an exception does not apply. In the case of a loan of cash, the amount of the section 643(i) distribution is the issue price of the loan as of the date the loan is treated as a distribution from the foreign trust. In the case of a loan of marketable securities, the amount of the section 643(i) distribution is the fair market value of the securities as of the date the loan is treated as a distribution from the foreign trust. In the case of the use of trust property without fair market value compensation, the amount of the section 643(i) distribution is the fair market value of the use of the property less any payments made for the use of the property within a reasonable period of time.
G.
Allocation of section 643(i) distribution among multiple U.S. grantors and beneficiaries
Proposed §1.643(i)-3(b) provides a rule for allocating a section 643(i) distribution among multiple U.S. grantors and beneficiaries. If a U.S. person who is not a U.S. grantor or beneficiary of a foreign trust but who is related to more than one U.S. grantor or beneficiary of the foreign trust receives a loan of cash or marketable securities from the trust, or uses trust property, and the loan or use is treated as a section 643(i) distribution, then each U.S. grantor or beneficiary who is related to the U.S. person receiving the loan or using trust property is treated as receiving an equal share of the section 643(i) distribution.
H.
Tax consequences of a section 643(i) distribution
Proposed §1.643(i)-3(c) provides rules to determine the tax consequences of a section 643(i) distribution to a foreign trust treated as making a section 643(i) distribution and to a U.S. grantor or beneficiary treated as receiving the distribution. Proposed §1.643(i)-3(c)(2) provides that a foreign trust generally must treat the section 643(i) distribution as an amount properly paid, credited, or required to be distributed by the trust as described in section 661(a)(2) for which the trust may be allowed a distribution deduction in computing its taxable income. In addition, a section 643(i) distribution of marketable securities would cause a foreign trust to be deemed to have elected to have section 643(e)(3) apply to such distribution, which would cause the trust to recognize gain or loss as if the marketable securities had been sold at fair market value. Any capital gain recognized by the foreign trust would be included in the trust’s distributable net income (
DNI
) pursuant to section 643(a)(6)(C). As a result of the deemed election, a U.S. grantor or beneficiary would be treated as including in gross income under section 662(a)(2) the fair market value of the marketable securities, and in computing its taxable income, the foreign trust would be allowed to deduct the fair market value of the marketable securities to the extent allowed under section 661(a)(2).
Proposed 1.643(i)-3(c)(2)(iii) provides that the foreign trust may issue a Foreign Nongrantor Trust Beneficiary Statement (described in proposed §1.6048-4(c)(2)) to each U.S. grantor or beneficiary who receives any loan of cash or marketable securities or uses other trust property during the taxable year of the trust or is related to a U.S. person who receives any loan of cash or marketable securities or uses other trust property during the taxable year of the trust, whether or not such U.S. grantor or beneficiary would be required to take the amount into account as a section 643(i) distribution. A U.S. grantor or beneficiary who does not receive a Foreign Nongrantor Trust Beneficiary Statement with respect to a section 643(i) distribution is required to determine the tax consequences of the distribution under the default calculation method in proposed §1.643(i)-3(c)(3)(ii).
Proposed §1.643(i)-3(c)(3) provides that a U.S. grantor or beneficiary who is treated as receiving a section 643(i) distribution must determine the tax consequences of the distribution using either the actual calculation method or the default calculation method. Under the
actual calculation method
, set out under proposed §1.643(i)-3(c)(3)(i), a U.S. grantor or beneficiary must treat a section 643(i) distribution as an amount properly paid, credited, or required to be distributed by the foreign trust as described in section 662(a)(2) (relating to inclusions in gross income by beneficiaries of trusts accumulating income or distributing corpus). The tax consequences of the section 643(i) distribution to a U.S. grantor or beneficiary are determined by using information provided in the Foreign Nongrantor Trust Beneficiary Statement and applying the rules of subparts C and D of part I of subchapter J of chapter 1 of the Code.
Under the
default calculation method
, as provided in proposed §1.643(i)-3(c)(3)(ii), a U.S. grantor or beneficiary must determine the tax consequences of the section 643(i) distribution under the rules provided in proposed §1.6048-4(d)(3). For an explanation of the default calculation method, see section IV.C of this Explanation of Provisions.
A U.S. grantor or beneficiary may not use the actual calculation method unless the U.S. grantor or beneficiary has received a Foreign Nongrantor Trust Beneficiary Statement (described in proposed §1.6048-4(c)(2)) from the foreign trust. A U.S. grantor or beneficiary who previously has used the default calculation method must consistently use the default calculation method to determine the tax consequences of all subsequent distributions from the same foreign trust (including distributions other than section 643(i) distributions), except in the year in which the foreign trust terminates. See proposed §1.6048-4(b) for the definition of the term
distribution
, and see proposed §1.6048-4(d)(3)(iii) for rules relating to the tax consequences to a U.S. grantor or beneficiary in the year in which a foreign trust terminates.
I.
Subsequent transactions
Proposed §1.643(i)-3(d)(1) provides rules regarding the treatment of any subsequent transaction between a foreign trust and an obligor regarding the principal of any loan of cash or marketable securities (or use of trust property) that is treated as a section 643(i) distribution, including complete or partial repayment, satisfaction, cancellation, discharge, return of trust property, or otherwise, but not including payments of interest. Proposed §1.643(i)-3(d)(2) provides that any subsequent transaction with respect to the principal of any loan of cash or marketable securities or return of trust property treated as a section 643(i) distribution has no tax consequences to a foreign trust. However, payment to a foreign trust other than the repayment of principal of any loan treated as a section 643(i) distribution, such as the payment of interest, is treated as income to the trust.
Proposed §1.643(i)-3(d)(3) provides the consequences to an obligor of subsequent transactions between a foreign trust and the obligor related to a section 643(i) distribution. Generally, any subsequent transaction regarding the principal of any loan of cash or marketable securities or return of trust property treated as a section 643(i) distribution is treated as a transfer that is not a gratuitous transfer by a U.S. person for purposes of §1.671-2(e)(2)(i) and chapter 1 of the Code. Thus, the repayment of principal would not cause an obligor to be treated as the owner of the foreign trust. However, if an obligor satisfies the principal of any loan of cash or marketable securities treated as a section 643(i) distribution through a transfer of property to the foreign trust, the obligor will recognize as gain or loss the difference between the fair market value of the property transferred and its adjusted basis in the hands of the obligor under the rules of section 1001 and the regulations issued under section 1001.
II.
Section 679 – Foreign Trusts Treated as Having a U.S. Beneficiary
The proposed regulations amend the definition of
U.S. person
in §1.679-1(c)(2), the definition of
obligation
in §1.679-1(c)(6), and the definition of
qualified obligation
in §1.679-4(d). The amended definitions generally are consistent with the definitions of the same terms in proposed §§1.643(i)-1(d)(12) and 1.643(i)-2(b)(2), except that the definition of a
U.S. person
in proposed §1.679-1(c)(2) does not exclude tax-exempt entities.
The proposed regulations also make two additions to §1.679-2 that provide guidance on two statutory provisions added to section 679 by the HIRE Act. First, proposed §1.679-2(a)(5) and proposed §1.679-2(b)(3) provide guidance to determine when a loan from a foreign trust to a U.S. person or the use of foreign trust property by a U.S. person causes the foreign trust to be treated as having a U.S. beneficiary. Second, proposed §1.679-2(d) implements section 679(d), which generally provides that, if a U.S. person directly or indirectly transfers property to a foreign trust, the trust is presumed to have a U.S. beneficiary in certain circumstances.
A.
Definition of U.S. person
Proposed §1.679-1(c)(2) amends the current definition of
U.S. person
for purposes of §§1.679-1 through 1.679-6 to remove the explicit statement that a nonresident alien individual who elects under section 6013(g) to be treated as a resident of the United States is a U.S. person for purposes of section 679 without intending a substantive change from the existing regulation regarding the treatment of persons who make an election under section 6013(g). Additionally, a U.S. person for purposes of section 679 will include a nonresident alien individual who elects under section 6013(h) to be treated as a resident of the United States. An election under either section 6013(g) or (h) is effective for all purposes of chapter 1 of the Code, including section 679, and thus, no specific reference to either rule should be required.
Under the definition of
U.S. person
in the proposed regulations, however, a dual resident taxpayer (within the meaning of §301.7701(b)-7(a)(1)) is not treated as a U.S. person with respect to any taxable year (or portion of a taxable year) for which such person computes U.S. tax liability as a nonresident alien pursuant to §301.7701(b)-7. The Treasury Department and the IRS are of the view that it is not necessary to treat a dual resident taxpayer who has elected to compute such person’s income tax liability as a nonresident alien as a U.S. person for purposes of §§1.679-1 through 1.679-6 in order to carry out the purposes of section 679. However, see §1.679-5 for rules that may apply if a dual resident taxpayer who has been computing U.S. tax liability as a nonresident alien begins to compute tax liability as a U.S. resident.
B.
Definition of obligation
Proposed §1.679-1(c)(6) amends the current definition of
obligation
for purposes of §§1.679-1 through 1.679-6 to conform to the definition of obligation in proposed §1.643(i)-2(b)(2)(i).
C.
Loans from foreign trusts and uses of trust property
Proposed §1.679-2(a)(5)(i) provides guidance under section 679(c)(6), which was added to the Code by the HIRE Act. As a general rule, any direct or indirect loan of cash or marketable securities (whether from trust income or corpus) by a foreign trust to, or the direct or indirect use of any other property of a foreign trust by, any U.S. person (whether or not a beneficiary under the terms of the trust) will be treated as causing trust income or corpus to be paid to or accumulated for the benefit of a U.S. person for purposes of §1.679-2(a)(1). For these purposes, a loan to, or use of any other property of a foreign trust by, a grantor trust or a disregarded entity is treated as a loan to, or use of trust property by, the owner of the grantor trust or of the disregarded entity. (For example, a loan to a single member LLC treated as a disregarded entity would be treated as a loan to the owner of the LLC.) Consequently, a foreign trust that is not already treated as having a U.S. beneficiary under §1.679-2 is treated as having a U.S. beneficiary for purposes of §1.679-1, with the result that a U.S. grantor who has made a transfer to the foreign trust is treated as the owner of the trust (or a portion of the trust). See proposed §1.6048-4 for rules relating to information reporting with respect to loans from foreign trusts and the use of property of a foreign trust.
Proposed §1.679-2(a)(5)(ii) provides that an indirect loan from a foreign trust to a U.S. person includes a loan made by any person, whether U.S. or foreign, if the foreign trust provides a guarantee (within the meaning of §1.679-3(e)(4)) for the loan. An indirect loan from a foreign trust to a U.S. person also includes a loan made through an intermediary, such as an agent or nominee of the foreign trust or of the U.S. beneficiary, and a loan from a person related (within the meaning of proposed §1.643(i)-1(d)(9)) to the foreign trust.
Proposed §1.679-2(a)(5)(iii) provides three exceptions to the general rule of proposed §1.679-2(a)(5)(i).
First, the general rule does not apply if the U.S. person who receives the loan of cash or marketable securities, or who uses trust property, is described in section 501(c)(3).
Second, the general rule does not apply to any loan of cash received by a U.S. person in exchange for a qualified obligation within the meaning of proposed §1.643(i)-2(b)(2)(iii)(A), provided the obligor timely makes all payments within the meaning of proposed §1.643(i)-2(b)(2)(iii)(B)(3).
Third, the general rule does not apply if the U.S. person who uses trust property (other than a loan of cash or marketable securities) pays the foreign trust the fair market value of the use of such property within a reasonable period from the date of the start of the use of the property. The fair market value is based on all the facts and circumstances, including the type of property used and the period of use. Proposed §1.679-2(a)(5)(iv) provides two safe harbors in which this fair market value exception applies.
Proposed §1.679-2(a)(5)(v) addresses the interaction of proposed §1.679-2(a)(5) with section 643(i) and confirms that section 643(i) does not apply to the extent a foreign trust is treated as having acquired a U.S. beneficiary and is treated as owned by a U.S. person under section 679 (discussed in section I.A of this Explanation of Provisions).
Proposed §1.679-2(b)(3) provides that a loan of cash or marketable securities or the use of trust property that does not qualify for the exceptions described in proposed §1.679-2(a)(5)(iii) is treated as paid to or accumulated for the benefit of a U.S. person if the loan is made to, or the property is used by, a foreign entity described in §1.679-2(b)(1), or if the loan is made through, or the property is used by, an intermediary or is made by any other means where a U.S. person may obtain an actual or constructive benefit, as described in §1.679-2(b)(2).
D.
Presumption that foreign trust has U.S. beneficiary
Proposed §1.679-2(d)(1) provides guidance under section 679(d) regarding whether a foreign trust is deemed to have a U.S. beneficiary. As a general rule, if a U.S. person directly or indirectly transfers property to a foreign trust (other than a compensatory or charitable trust described in §1.679-4(a)(2) or (3)), the IRS may treat the trust as having a U.S. beneficiary for purposes of applying §1.679-1 unless the U.S. person, for the tax year in which the transfer is made, (i) satisfies the information reporting requirements of proposed §1.6048-2 with respect to the transfer, and (ii) attaches an explanatory statement to the U.S. person’s Federal income tax return demonstrating to the satisfaction of the IRS that the trust satisfies the requirements of §1.679-2(a)(1) immediately after the transfer. Section 1.679-2(a)(1) provides that a foreign trust is treated as having a U.S. beneficiary unless, during the taxable year in which the U.S. person made the transfer, (i) no part of the income or corpus of the foreign trust may be paid to or accumulated for the benefit of, directly or indirectly, a U.S. person, and (ii) if the foreign trust is terminated at any time during the taxable year, no part of the income or corpus of the trust could be paid to or for the benefit of, directly or indirectly, a U.S. person.
Proposed §1.679-2(d)(2) provides that the IRS may request additional information related to the foreign trust and its potential beneficiaries to determine whether the trust satisfies the requirements of §1.679-2(a)(1). Unless the U.S. person provides such additional information within 60 days (90 days if the U.S. person is outside the United States) after the IRS’s written notice and request, the trust will be presumed to have a U.S. beneficiary.
E.
Definition of qualified obligation
Proposed §1.679-4(d) amends the current definition of
qualified obligation
for purposes of §1.679-4 to conform to the definition of qualified obligation in proposed §1.643(i)-2(b)(2)(iii) and the additional rules in proposed §§1.643(i)-2(b)(3) through (6) (discussed in section I.C of this Explanation of Provisions).
III.
Section 6039F – Information Reporting Rules for U.S. Recipients of Foreign Gifts
The proposed regulations provide information reporting rules for U.S. recipients of foreign gifts by generally incorporating the section 6039F guidance that was provided in Notice 97-34 (discussed in section III.C of the Background). They also provide additional guidance that is needed to implement all of section 6039F and to address certain abuses of which the IRS has become aware and relevant statutory developments since 1997, including the enactment of section 2801 dealing with gifts and bequests from certain expatriates.
A.
In general
Proposed §1.6039F-1(a)(1) provides that any U.S. person who treats an amount received from a foreign person as a foreign gift during a taxable year must report that amount on Part IV of Form 3520 by the fifteenth day of the fourth month after the close of the U.S. person’s taxable year. Proposed §1.6039F-1(a)(2) provides that, if the U.S. person qualifies for an automatic extension of time to file an income tax return under section 6081 and §1.6081-5(a)(5) because the U.S. person resides outside of the United States and Puerto Rico, and the U.S. person’s main place of business or post of duty is outside of the United States or Puerto Rico, Form 3520 must be filed by the fifteenth day of the sixth month after the close of the U.S. person’s taxable year. In either case, if the U.S. person has been granted an extension of time to file an income tax return pursuant to section 6081, an extension of time for filing Form 3520 is automatically granted to the fifteenth day of the tenth month following the close of the U.S. person’s taxable year. See proposed §1.6039F-1(a)(1) and (2). Proposed §1.6039F-1(a)(3) provides that, if the U.S. person dies, the executor of the U.S. person’s estate must report the foreign gift on Part IV of Form 3520 by the fifteenth day of the fourth month following the close of the 12-month period which began with the first day of the U.S. person’s final taxable year or, if the executor has been granted an extension of time to file the U.S. person’s final income tax return pursuant to section 6081, by the fifteenth day of the tenth month following the close of the 12-month period which began with the first day of the U.S. person’s final taxable year. No additional extension of time to file Form 3520 is allowed.
For purposes of proposed §1.6039F-1, the term
U.S. person
means a United States person as defined under section 7701(a)(30). However, under proposed §1.6039F-1(f), consistent with the approach in proposed §§ 1.643(i)-1(d)(12)(ii) and 1.679-1(c)(2)(ii), neither a dual resident taxpayer nor a dual status taxpayer is treated as a U.S. person for purposes of proposed §1.6039F-1 for a taxable year or any portion of a taxable year that the taxpayer is treated as a nonresident alien for purposes of computing U.S. tax liability. See section III.F of this Explanation of Provisions.
B.
Definition of “foreign gift” and coordination with section 6048(c)
For purposes of proposed §1.6039F-1, the term
foreign gift
is defined to include any amount received from a person other than a U.S. person that the recipient treats as a gift, bequest, devise, or inheritance for Federal income tax purposes. The term, however, does not include any qualified transfer within the meaning of section 2503(e)(2) (relating to certain transfers for educational or medical expenses) or any transfer from a foreign trust that is treated as a distribution (within the meaning of proposed §1.6048-4(b)) and reported on a return under proposed §1.6048-4. Proposed §1.6039F-1(b)(1) also provides that a U.S. person who receives a transfer from a foreign trust must treat the transfer as a distribution from the trust that is reportable under proposed §1.6048-4, rather than reportable as a foreign gift under proposed §1.6039F-1(a), even if the U.S. person treats the transfer as a gift for another purpose, such as computing the U.S. person’s Federal income tax liability.
Proposed §1.6039F-1(b)(2) includes an anti-avoidance rule that provides that the term
foreign gift
includes transfers from a person other than a U.S. person that the recipient does not treat as a gift, bequest, devise, or inheritance for Federal income tax purposes, such as a purported loan, if based on all the facts and circumstances the IRS determines that the transfer is in substance a gift. The IRS has become aware of U.S. persons who are seeking to circumvent the section 6039F information reporting rules by claiming that the amounts they receive from foreign persons are not foreign gifts because they do not treat them as gifts but that they are otherwise not taxable (claiming instead that the transfers are loans). These amounts, however, objectively have all the indicia of being a gift. Under the existing principles of Federal tax law, the IRS therefore will recharacterize these amounts as foreign gifts that should have been reported under section 6039F.
C.
Exceptions
Proposed §1.6039F-1(c) provides a number of exceptions to the general rule in proposed §1.6039F-1(a). Proposed §1.6039F-1(c)(1) provides that the general rule does not apply if the recipient of the foreign gift is described in section 501(c) and is exempt from tax under section 501(a). Proposed §1.6039F-1(c)(2)(i) through (iii) provides exceptions from information reporting under proposed §1.6039F-1(a) for amounts below the reporting thresholds.
Under proposed §1.6039F-1(c)(2)(i)(A), a U.S. person is not required to report foreign gifts from foreign individuals or foreign estates if, during the U.S. person’s taxable year, the aggregate amount of foreign gifts received, directly or indirectly, from any one individual or estate (the
transferor
) does not exceed $100,000, as modified by cost of living adjustments under proposed §1.6039F-1(c)(2)(v). For purposes of determining whether the $100,000 reporting threshold is met, all foreign gifts (including covered gifts and bequests) from the transferor and from any foreign persons related to the transferor are aggregated. See proposed §1.6039F-1(c)(2)(i)(B).
If the aggregate amount of foreign gifts from a transferor exceeds the $100,000 reporting threshold, the proposed regulations require the U.S. person to separately identify each foreign gift in excess of $5,000 received from the transferor and from each foreign person related to the transferor, and to provide identifying information about the transferor and related foreign persons, including foreign individuals or foreign estates (for example, name and address). Specific identifying information about the transferor is not currently required to be provided on Form 3520. The Treasury Department and the IRS are of the view that the additional identifying information would assist the IRS in its determination of whether these amounts are properly treated as foreign gifts, and the burden imposed on the U.S. person should be minimal because the U.S. person would need to know the transferor’s identity in order to know whether the transferor is foreign and in order to apply the aggregation rule.
Under proposed §1.6039F-1(c)(2)(ii), notwithstanding the reporting threshold described above, beginning on the date on which final regulations under section 2801 (tax on gifts and bequests from expatriates) apply, a U.S. person who receives foreign gifts that are covered gifts or bequests will be required to report the covered gifts or bequests under proposed §1.6039F-1(a) if the aggregate amount of all covered gifts and bequests received by the U.S. person during the calendar year exceeds the exclusion amount under section 2801(c). See proposed §1.6039F-1(h)(2). This exclusion amount is the dollar amount of the per-donee gift tax exclusion in effect under section 2503(b) for the calendar year ($18,000 for 2024).
Under proposed §1.6039F-1(c)(2)(iii), a U.S. person is not required to report foreign gifts from a foreign corporation or partnership if, during the U.S. person’s taxable year, the aggregate amount of transfers received from any particular corporation or partnership does not exceed $10,000, as modified by cost-of-living adjustments under proposed §1.6039F-1(c)(2)(v). The proposed regulations provide rules for aggregating and reporting foreign gifts from persons related to the transferor.
Proposed §1.6039F-1(c)(2)(iv) provides that, with respect to spouses who file joint income tax returns under section 6013, the reporting threshold amounts apply separately to each spouse.
D.
Valuation principles
Proposed §1.6039F-1(d) provides that the amount of a foreign gift is the value of the property at the time of the transfer. The value of the property is the price at which the property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or sell, and both having reasonable knowledge of relevant facts. The value is to be determined in accordance with the Federal gift tax valuation principles of section 2512 and sections 2701 through 2704 (chapter 14 of the Code) and the related regulations.
E.
Penalty for failure to file information
Proposed §1.6039F-1(e)(1) describes penalties for failure to furnish the information required by proposed §1.6039F-1(a) by the due date (including extensions) of Form 3520. The tax consequences of the receipt of the foreign gift will be determined by the IRS based on all the facts and circumstances. A U.S. person who fails to furnish the required information is subject to a penalty equal to five percent of the amount of the foreign gift for each month (or portion thereof) for which the failure continues, but not to exceed 25 percent of the amount of the foreign gift.
For purposes of determining the tax consequences of the receipt of the foreign gift, the IRS may take into account the purported gift rules in §1.672(f)-4 (which address the treatment of a purported gift, as defined in §1.672(f)-4(d), from a partnership or foreign corporation). Unless an exception described in §1.672(f)-4(b), (e) or (f) applies, §1.672(f)-4 generally requires a U.S. person who receives a purported gift or bequest, directly or indirectly, from a partnership or foreign corporation to include the purported gift or bequest in gross income as ordinary income.
Proposed §1.6039F-1(e)(2)(i) explains that no penalty is imposed if the U.S. person shows that the failure to comply is due to reasonable cause and not due to willful neglect. The determination of whether a failure is due to reasonable cause and not due to willful neglect will be made under the principles set out in §1.6664-4 and §301.6651-1(c) and will be made on a case-by-case basis, taking into account all pertinent facts and circumstances.
F.
Special rules for dual resident and dual status taxpayers
Proposed §1.6039F-1(f)(1) provides a special rule for dual resident taxpayers (within the meaning of §301.7701(b)-7(a)(1)). A dual resident taxpayer who, pursuant to a provision of an income tax treaty that provides for resolution of conflicting claims of residence by the United States and the treaty partner, claims to be treated as a resident of the treaty partner as provided in §301.7701(b)–7 is taxed as a nonresident for U.S. tax purposes for the portion of the taxable year that the individual is treated as a nonresident. The Treasury Department and the IRS are of the view that, because the dual resident taxpayer’s filing of relevant forms pursuant to §301.7701(b)–7 provides adequate information for the IRS to identify residents in this category in order to ensure their tax compliance, reporting on Form 3520 by such a taxpayer is not essential to effective IRS tax enforcement efforts relating to this category of residents.
Similarly, proposed §1.6039F-1(f)(2) provides a special rule for dual status taxpayers. As provided in §1.6012-1(b)(2)(ii), a dual status taxpayer who, during the taxable year, abandons U.S. citizenship or U.S. residence or acquires U.S. citizenship or U.S. residence is not treated as a U.S. person for the part of the year that the taxpayer is treated as a nonresident alien for purposes of computing the taxpayer’s income tax liability as reflected on the Form 1040NR or other similar schedule attached to such Form 1040NR.
These rules are relevant both for purposes of determining whether a dual resident taxpayer or dual status taxpayer who receives a foreign gift is a U.S. person required to report the foreign gift on Form 3520 and for purposes of determining whether a gift or bequest from a dual resident taxpayer or dual status taxpayer is a gift from a foreign person.
IV.
Section 6048 – Information with Respect to Certain Foreign Trusts
The proposed regulations provide information reporting rules with respect to a U.S. person’s transfers to, creation of, ownership of, and receipt of distributions from foreign trusts. These proposed regulations generally implement the rules set forth in Notice 97-34, Revenue Procedure 2014-55, and Revenue Procedure 2020-17 (discussed in section III.D of the Background) but also provide additional exceptions to section 6048 reporting and include certain other modifications.
A.
Section 6048(a) – Notice of certain events
The proposed regulations under section 6048(a) require a responsible party to provide notice of reportable events that occur during the taxable year on Part I of Form 3520. See proposed §1.6048-2(a)(1).
Proposed §1.6048-2(c) defines
responsible party
as the grantor in the case of the creation of an inter vivos foreign trust, the transferor in the case of a transfer of property to a foreign trust by a U.S. person other than a transfer by reason of death, or the executor of the estate of a deceased grantor or transferor in any other case, even if the executor is not a U.S. person.
Proposed §1.6048-2(b) defines a
reportable event
as: (i) the creation of a foreign trust by a U.S. person, (ii) any direct, indirect, or constructive transfer, within the meaning of §1.679-3 or §1.684-2, of property (including cash) to a foreign trust by a U.S. person, including a transfer by reason of death, and (iii) the death of a citizen or resident of the United States if the decedent was treated as the owner of any portion of a foreign trust under the grantor trust rules or if any portion of a foreign trust was included in the gross estate of the decedent. A reportable event also includes a U.S. person’s transfer of property to a domestic trust that becomes a foreign trust, as described in §1.684-4 (outbound migrations of domestic trusts), and a U.S. person’s transfer of property in exchange for any obligation of the foreign trust or of a related person, as described in §1.679-4, without regard to whether the obligation is a qualified obligation. A reportable event does not include transfers to certain foreign charitable trusts, foreign compensatory trusts, and tax-favored foreign retirement and non-retirement savings trusts, as discussed in section IV.D.2.i of this Explanation of Provisions. See proposed §1.6048-5.
Form 3520 generally must be filed by the fifteenth day of the fourth month after the close of the responsible party’s taxable year, but no later than the fifteenth day of the tenth month if the responsible party receives an extension of time to file the responsible party’s income tax return under section 6081. See proposed §1.6048-2(a)(2)(i). However, if the responsible party who is a grantor or transferor qualifies for an automatic extension of time to file an income tax return under section 6081 and §1.6081-5(a)(5) because the responsible party resides outside of the United States and Puerto Rico, and the responsible party’s main place of business or post of duty is outside of the United States or Puerto Rico, Form 3520 must be filed by the fifteenth day of the sixth month after the close of the responsible party’s taxable year. See proposed §1.6048-2(a)(2)(ii). If the responsible party who is a grantor or transferor dies, the executor of the responsible party’s estate must file Form 3520 by the fifteenth day of the fourth month after the close of the 12-month period which began on the first day of the responsible party’s final taxable year. See proposed §1.6048-2(a)(2)(iii).
B.
Section 6048(b) – U.S. owners of foreign trusts
The proposed regulations under section 6048(b) generally require any U.S. person who is treated as the owner (
U.S. owner
) of any portion of a foreign trust under the grantor trust rules to ensure that the foreign trust: (i) files Form 3520-A with the IRS by the fifteenth day of the third month after the end of the trust’s taxable year (March 15 if the trust’s taxable year is a calendar year) with a maximum extension of a 6-month period beginning on such day, (ii) furnishes a Foreign Grantor Trust Owner Statement (described in proposed §1.6048-4(c)(1)(i)) to each U.S. owner of the foreign trust, and (iii) furnishes a Foreign Grantor Trust Beneficiary Statement (described in proposed §1.6048-4(c)(1)(ii)) to each U.S. person to whom the trust made distributions during the trust’s taxable year. The foreign trust must attach copies of each Foreign Grantor Trust Owner Statement and each Foreign Grantor Trust Beneficiary Statement to the Form 3520-A. See proposed §1.6048-3(a)(1). If the foreign trust does not comply with all these requirements, the U.S. owner is required to: (i) complete and file Part II of Form 3520 by the U.S. owner’s Form 3520 due date, and (ii) complete the foreign trust’s Form 3520-A and related statements and file them with Part II of the U.S. owner’s Form 3520. Further, the U.S. owner must furnish the Foreign Grantor Trust Beneficiary Statement to each U.S. beneficiary by the due date of the U.S. owner’s Form 3520. See proposed §1.6048-3(a)(2). If neither the foreign trust nor the U.S. owner complies with these requirements, the penalty for failure to comply is imposed on the U.S. owner. See proposed §1.6677-1(b). As discussed in section IV.D.2.i of this Explanation of Provisions, the proposed regulations under section 6048(b) do not apply to tax-favored foreign retirement and non-retirement savings trusts. See proposed §1.6048-5.
The proposed regulations require a U.S. person who receives a Foreign Grantor Trust Owner Statement or Foreign Grantor Trust Beneficiary Statement from a foreign trust to treat any item reported by the trust consistently with the trust’s treatment of such item unless the U.S. person notifies the IRS about any inconsistency on Form 8082. See proposed §1.6048-3(b). If the U.S. person fails to notify the IRS about the inconsistency, or if the U.S. person receives information believed to be incorrect from the foreign trust, then, similar to the rules of section 6034A(c) (addressing reporting in respect of income tax returns), any adjustment relating to an unreported item is treated as a mathematical or clerical error under section 6213(b), with the result that the adjustment would not be subject to the usual restrictions on assessment and the U.S. grantor or U.S. beneficiary would have no right to file a Tax Court petition based on the adjustment.
Proposed §1.6048-3(c) provides that, unless a foreign trust with a U.S. owner appoints a limited U.S. agent, the determination of amounts required to be taken into account with respect to the trust by the U.S. owner under the grantor trust rules will be determined by the IRS based on all the facts and circumstances. Proposed §1.6048-3(d) provides rules relating to the appointment and duties of the limited U.S. agent. Proposed §1.6048-3(d) also provides rules concerning the issuance of a summons to a U.S. person (either directly or as the limited agent of the foreign trust) or to the foreign trust to produce records or testimony to determine the amounts required to be taken into account under the grantor trust rules.
C.
Section 6048(c) – Reporting by U.S. persons receiving distributions from foreign trusts
1. In General
Unless an exception described in proposed §1.6048-5 applies, proposed regulations under section 6048(c) generally require a U.S. person to complete and file Part III of Form 3520 for each taxable year in which the U.S. person receives (directly or indirectly) any distribution from a foreign trust (including a foreign trust that the U.S. person is treated as owning under the grantor trust rules). Part III of Form 3520 must be filed by the due date of the U.S. person’s Form 3520 for that taxable year. See proposed §1.6048-4(a). The Treasury Department and the IRS interpret section 6048(c) as requiring any U.S. person, including a U.S. owner, to report the receipt of foreign trust distributions. This interpretation is consistent with both the plain language of section 6048(c) and its purpose - to address Congress’s concerns that U.S. taxpayers were avoiding their U.S. tax obligations through the use of foreign trusts that are less visible to the IRS - and empowers the IRS to obtain information that would allow it to enforce U.S. tax laws.
2. Distributions
Proposed §1.6048-4(b)(1) provides that, as a general rule, the term
distribution
for purposes of proposed §1.6048-4 means any transfer of property from a foreign trust received directly or indirectly by a U.S. person to the extent such property exceeds the fair market value of any property or services received by the foreign trust in exchange, without regard to whether any portion of the trust is treated as owned by the grantor or another person under the grantor trust rules, whether the recipient is designated as a beneficiary under the terms of the trust, or whether the distribution has any income tax consequences. A distribution includes any amount actually or constructively received and includes the receipt of a gift or bequest described in section 663(a). For purposes of proposed §1.6048-4(b)(1), a transfer of property from a foreign trust to a grantor trust or to a disregarded entity is treated as a transfer to the U.S. owner of the grantor trust or of the disregarded entity.
Proposed §1.6048-4(b)(2)(i) provides that the term
distribution
also includes any transfer of property from a foreign trust received by a U.S. person through an intermediary, nominee, or agent. In such a case, the intermediary, nominee, or agent generally is treated as an agent of the foreign trust, and the property is treated as distributed to the U.S. person in the year the property is transferred or made available to the U.S. person. However, proposed §1.6048-4(b)(2)(ii) provides that, if the IRS determines that the intermediary, nominee, or agent is an agent of the U.S. person, then the property is treated as being transferred from the foreign trust to the U.S. person on the date of the transfer from the foreign trust to the intermediary, nominee, or agent. Regardless of the income tax consequences of such a transfer, pursuant to proposed §1.6048-4(b)(2)(iii), the U.S. person receiving an indirect transfer of property from a foreign trust must report it on Part III of Form 3520.
Proposed §1.6048-4(b)(3) provides that a
distribution
includes any transfer of property from an entity owned by a foreign trust to a U.S. person who is related (within the meaning of §1.679-1(c)(5)) to the foreign trust. It also explains that the transfer is treated as a distribution from the entity to the foreign trust followed by a distribution from the foreign trust to the U.S. person, unless the U.S. person demonstrates to the satisfaction of the IRS that the distribution from the entity is attributable to the U.S. person’s ownership interest in the entity. This rule is the converse of the rule of §1.679-3(f)(1), which provides that a transfer by a U.S. person to an entity owned by a foreign trust is treated as a transfer to the foreign trust followed by a transfer from the foreign trust to the entity, unless the U.S. person demonstrates to the satisfaction of the IRS that the transfer to the entity is attributable to the U.S. person’s ownership interest in the entity.
Proposed §1.6048-4(b)(4) provides that a
distribution
includes the migration of a foreign trust to a domestic trust. In such a case, the income and corpus of the foreign trust is treated as distributed to the domestic trust on the date the foreign trust becomes a domestic trust. See §301.7701-7 for the rules that apply to determine whether a trust is a foreign trust or domestic trust.
Proposed §1.6048-4(b)(5)(i) provides that a
distribution
includes any loan of cash or marketable securities made from a foreign trust (whether from corpus or income) directly or indirectly to a U.S. person. It also clarifies that a loan to a grantor trust or to an entity disregarded as an entity separate from its owner will be treated as a loan to the owner of the grantor trust or of the disregarded entity. Loans from a foreign trust also include a loan made by any foreign or U.S. person if the foreign trust guarantees the loan, as well as a loan made to a U.S. person through any intermediary, nominee or agent.
Proposed §1.6048-4(b)(5)(ii) further provides that a
distribution
includes any loan of cash or marketable securities made directly or indirectly to a U.S. grantor or beneficiary (as defined in proposed §1.643(i)-1(d)(1)) of a foreign nongrantor trust or to a U.S. person related (as defined in proposed §1.643(i)-1(d)(9)) to a U.S. grantor or beneficiary of such foreign nongrantor trust without regard to whether the foreign trust receives an obligation (within the meaning of proposed §1.643(i)-2(b)(2)(i)) in exchange for the loan.
Proposed §1.6048-4(b)(5)(iii) provides that a loan of cash or marketable securities from a foreign trust must be reported by the U.S. person who receives the loan without regard to whether the loan would have any U.S. income tax consequences to a U.S. grantor or beneficiary of the foreign trust. If the U.S. person who receives the loan is related to a U.S. grantor or beneficiary of a foreign nongrantor trust, then the U.S. grantor or beneficiary also must report the distribution.
Proposed §1.6048-4(b)(6)(i) provides that a
distribution
includes the fair market value of the direct or indirect use of trust property by a U.S. person without regard to whether the use of trust property would be treated as having any U.S. income tax consequences to a U.S. grantor or beneficiary of the foreign trust. For these purposes, the use of trust property by a grantor trust or a disregarded entity is treated as used by the owner of the grantor trust or of the disregarded entity, respectively. Proposed §1.6048-4(b)(6)(ii) further provides that a
distribution
includes the fair market value of the direct or indirect use of trust property by a U.S. grantor or beneficiary of a foreign nongrantor trust or by a U.S. person related to such U.S. grantor or beneficiary whether or not the foreign trust is paid the fair market value for such use. Proposed §1.6048-4(b)(6)(iii) provides that the use of trust property must be reported on Part III of Form 3520 by the U.S. person that uses the trust property without regard to whether the use of trust property would have any U.S. income tax consequences to a U.S. grantor or beneficiary of the foreign trust. If the U.S. person who uses the trust property is related to a U.S. grantor or beneficiary of a foreign nongrantor trust, then the U.S. grantor or beneficiary also must report the distribution.
The Treasury Department and the IRS are of the view that because, under section 643(i), a distribution to a U.S. person related to a U.S. grantor or beneficiary affects the U.S. grantor’s or beneficiary’s income tax liability, it is appropriate to require reporting by both the U.S. person receiving a distribution from a foreign trust and the U.S. grantor or beneficiary of the foreign trust who is related to that U.S. person. Requiring both parties to report the distribution ensures that the IRS has the information it needs for tax compliance efforts.
Proposed §1.6048-4(b)(7) confirms that the term
distribution
also includes any covered gift or bequest (within the meaning of section 2801(e)) that is received from a foreign trust.
3. Information Statements
Proposed §1.6048-4(c) lists four types of information statements that may be provided by a foreign trust if a U.S. person receives a distribution (including a loan of cash or marketable securities or the use of other trust property) from the foreign trust – Foreign Grantor Trust Owner Statement, Foreign Grantor Trust Beneficiary Statement, Foreign Nongrantor Trust Beneficiary Statement, and Foreign-Owned Grantor Trust Beneficiary Statement. The instructions for Form 3520 will be modified after these regulations are finalized to include a list of items that must be included on a Foreign-Owned Grantor Trust Beneficiary Statement. The list will be similar to the lists of items that must be included on the Foreign Grantor Trust Beneficiary Statement and the Foreign Nongrantor Trust Beneficiary Statement. A U.S. person who receives one of these statements may use the statement to determine the tax consequences of the distribution.
4. Tax Consequences of Distributions
Proposed §1.6048-4(d) describes the rules that a U.S. person (other than a U.S. owner of the distributing trust) must use to determine the tax consequences of a distribution from a foreign trust other than a distribution that is a loan of cash or marketable securities or the use of other trust property that is not treated as a section 643(i) distribution under proposed §1.643(i)-1. Two methods to determine the tax consequences are provided: (i) the actual calculation method and (ii) the default calculation method. If the U.S. person who receives the distribution does not receive a copy of the relevant statement (see proposed §1.6048-4(c)), the U.S. person must determine the tax consequences of the distribution under the default calculation method. A U.S. person who receives the relevant statement generally may compute the tax consequences of the distribution under either the actual calculation method or the default calculation method. However, a U.S. person may not use the actual calculation method if the U.S. person knows or has reason to know that the information in the relevant statement is incorrect. Additionally, if the U.S. person has previously used the default calculation method with respect to distributions from the foreign trust, the U.S. person must consistently use the default calculation method to determine the tax consequences of any subsequent distributions from the trust for all future years, except for the year in which the trust terminates.
Under the
actual calculation method
provided in proposed §1.6048-4(d)(2), a U.S. person who receives a Foreign Grantor Trust Beneficiary Statement or a Foreign-Owned Grantor Trust Beneficiary Statement from the foreign trust determines the income tax consequences of the distribution as a distribution being made from a grantor trust. Thus, if the distribution is a gift under section 102, the U.S. person does not include the distribution in gross income, but the distribution remains subject to the proposed §1.6048-4 reporting requirements. A U.S. person who receives a Foreign Nongrantor Trust Beneficiary Statement determines the tax consequences of the distribution by applying the rules of subparts C and D of Part 1 of subchapter J of chapter 1 of the Code.
Under the
default calculation method
provided in proposed §1.6048-4(d)(3)(i)(A), the U.S. person treats a portion of the distribution as a distribution of current income based on the average amount of the distributions that the U.S. person received from the foreign trust during the prior three taxable years, with only the excess amount of the distribution (that is, the amount that exceeds 125 percent of that average) treated as an accumulation distribution within the meaning of section 665(b) consisting of undistributed net income (
UNI
) of the foreign trust. In applying the default calculation method, in the absence of actual information provided on a statement described in proposed §1.6048-4(c), the U.S. person must presume that the applicable number of years the foreign trust has been in existence is ten years and that no taxes described in section 665(d) have been imposed on the trust in any applicable previous year (even if a distribution has been made and tax under section 665(d) has previously been imposed). These rules are consistent with the default calculation method that is currently prescribed in the instructions for Part III of Form 3520. The U.S. person’s use of the default calculation method does not affect any calculations made by the foreign trust for purposes of trust accounting. See proposed §1.6048-4(d)(3)(ii).
5. Accumulation distributions and U.S. Agents
Proposed §1.6048-4(e) provides that, if a U.S. person fails to provide adequate records to the IRS for purposes of determining the income tax consequences of a distribution from a foreign trust (within the meaning of proposed §1.6048-4(b)) other than a loan or use of trust property that is not treated as a section 643(i) distribution under proposed §1.643(i)-1, then the entire distribution is treated as an accumulation distribution includible in the U.S. person’s income. However, if the trustee of the foreign trust authorizes a U.S. person to act as the trust’s limited agent under the rules prescribed in proposed §1.6048-3(e), then the IRS can summons and examine trust records through the U.S. agent and thus may determine the tax consequences of the distribution under the general rules provided in proposed §1.6048-4(d)(1) rather than treating the entire distribution as an accumulation distribution.
6. Coordination with the Rule for Reporting Large Foreign Gifts
Proposed §1.6048-4(f) addresses the interaction of proposed §1.6048-4 and proposed §1.6039F-1. If a U.S. person receives a distribution from a foreign trust, the U.S. person must report the distribution under proposed §1.6048-4(a) and not under proposed §1.6039F-1, regardless of whether the distribution is taxable to the U.S. person.
D.
Exceptions
1. Exceptions to Reporting Transfers of Property to Foreign Trusts
Proposed §1.6048-5(a) provides an exception from section 6048(a) reporting based on section 6048(a)(3)(B). The proposed regulations provide that, for purposes of proposed §1.6048-2, a reportable event does not include any of the following: (1) a transfer of property to a foreign trust that is a transfer for fair market value within the meaning of §1.679-4(b) (other than a transfer described in the following sentence); (2) any transfer of property to certain compensatory foreign trusts, as described in section 402(b), 404(a)(4), or 404A; and (3) any transfer of property to a foreign trust provided that the trust has received a determination letter from the IRS that has not been revoked that recognizes the trust as an organization described in section 501(c)(3) that is exempt from Federal income tax under section 501(a). However, a reportable event does include a transfer for fair market value if the transfer is made by a U.S. transferor that is a related person (as defined in §1.679-1(c)(5)) with respect to the foreign trust in exchange for any obligation of the trust or of a related person, without regard to whether such obligation is a qualified obligation described in proposed §1.679-4(d).
2. Additional Exceptions to Reporting Transactions with Foreign Trusts
Proposed §1.6048-5(b) through (e) provides additional exceptions from section 6048 reporting based on the authority granted to the IRS by section 6048(d)(4) to suspend or modify the requirements of section 6048.
i. Tax-favored foreign retirement trusts, non-retirement savings trusts, and de minimis savings trusts
Proposed §1.6048-5(b) provides an exception from section 6048(a) through (c) and proposed §§1.6048-2 through 1.6048-4 for certain eligible U.S. individuals’ transactions with, or ownership of, certain tax-favored foreign retirement trusts, non-retirement savings trusts, and de minimis savings trusts. These exceptions to section 6048 reporting generally follow the exceptions provided under Rev. Proc. 2020-17, but are modified to address comments received, including comments requesting that future guidance include an increase to the applicable contribution limitation thresholds, rules for tax-favored foreign retirement trusts that may allow limited contributions of unearned income, and relief with respect to certain trusts that do not fall within the listed categories but that have values below a certain threshold.
tax-favored foreign retirement trust
means a foreign trust that is established under the laws of a foreign jurisdiction to operate exclusively or almost exclusively to provide, or to earn income for the provision of, pension or retirement benefits and ancillary or incidental benefits, and that meets certain additional requirements, such as contribution limitations or value thresholds, conditions for withdrawal, and information reporting. See proposed §1.6048-5(b)(2). A
tax-favored foreign non-retirement savings trust
means a foreign trust that is established under the laws of a foreign jurisdiction to operate exclusively or almost exclusively to provide, or to earn income for the provision of, medical, disability, or educational benefits, and that also meets certain additional requirements, such as contribution limitations, conditions for withdrawal, and information reporting. See proposed §1.6048-5(b)(3). A
tax-favored foreign de minimis savings trust
means a foreign trust that is established under the laws of a foreign jurisdiction to operate as a savings vehicle, that is not treated as a tax-favored foreign retirement trust or a tax-favored foreign non-retirement savings trust, and that meets certain additional requirements, such as information reporting, and whose value is under a de minimis threshold. See proposed §1.6048-5(b)(4).
The Treasury Department and the IRS are of the view that it would be appropriate to exempt U.S. individuals from the requirement to provide information about these foreign trusts for several reasons. First, these foreign trusts generally are subject to written restrictions, such as contribution limitations, conditions for withdrawal, and information reporting, under the laws of the country in which they are established that are broadly consistent with the eligibility requirements under the Code for U.S. trusts serving similar policy goals. Second, U.S. individuals with an interest in these trusts may be required under section 6038D to separately report information about their interests in accounts held by, or through, these trusts. Additionally, with respect to tax-favored foreign de minimis savings trusts and tax-favored foreign retirement trusts, the Treasury Department and the IRS are of the view that exempting U.S. individuals from the section 6048 requirements based on the value of the trust is appropriate and consistent with the reporting thresholds under section 6038D.
ii. Distributions from certain foreign compensatory trusts
The proposed regulations implement the exception from section 6048(c) reporting provided in section V of Notice 97-34 for distributions from certain foreign compensatory trusts described in §1.672(f)-3(c)(1) (section 402(b) employee trusts and foreign rabbi trusts). Proposed §1.6048-5(c). The exception applies only if the U.S. individual who receives the distribution reports the distribution as compensation income on a Federal income tax return.
iii. Distributions received by certain domestic charitable organizations
Proposed §1.6048-5(d) implements the exception from section 6048(c) reporting provided in section V of Notice 97-34 for distributions received by a domestic organization described in section 501(c)(3). The exception applies only if the domestic organization has received a determination letter from the IRS that has not been revoked recognizing the domestic organization’s exemption from Federal income tax under section 501(a) as an organization described in section 501(c)(3).
iv. Certain trusts located in a mirror code possession
Proposed §1.6048-5(e) provides an exemption from sections 6048(a) through (c) for a trust located in a mirror code possession to the extent the responsible party (within the meaning of section 6048(a)(4)), U.S. owner, or U.S. recipient is a bona fide resident (within the meaning of §1.937-1(b)) of the mirror code possession. For this purpose, a
mirror code possession
is a possession of the United States where, under the income tax system of the possession, the income tax liability of the residents of the possession is determined by reference to the income tax laws of the United States as if the possession were the United States. A trust is located in a mirror code possession if a court within such mirror code possession is able to exercise primary supervision over the administration of the trust and one or more bona fide residents of the mirror code possession have the authority to control all substantial decisions of the trust.
E.
Special rules
1. Dual Resident and Dual Status Taxpayers
Proposed §1.6048-6(a)(1) provides that a dual resident taxpayer (within the meaning of §301.7701(b)-7(a)(1)) who computes U.S. income tax liability as a nonresident alien and complies with the filing requirements of §301.7701(b)-7(b) and (c) is not treated as a U.S. person for purposes of the proposed regulations for the portion of the year that the dual resident taxpayer is treated as a nonresident alien. Similarly, under proposed §1.6048-6(a)(2), a dual status taxpayer who abandons U.S. citizenship or residence during the tax year or acquires U.S. citizenship or residence during the taxable year, as provided in §1.6012-1(b)(2)(ii), is not treated as a U.S. person for purposes of the proposed regulations for the portion of the year that the dual status taxpayer is treated as a nonresident alien. As a result, these taxpayers are not subject to section 6048 reporting for the portion of the year during which they are treated as nonresident aliens for purposes of computing their U.S. income tax liability.
2. Reporting by all U.S. Transferors and Recipients
Section 6048(d)(1) provides that, “For purposes of [section 6048], in determining whether a United States person makes a transfer to, or receives a distribution from, a foreign trust, the fact that a portion of such trust is treated as owned by another person under the rules of subpart E of Part I of subchapter J of chapter 1 shall be disregarded.” The Treasury Department and the IRS are of the view that it is necessary to receive information about transfers to, and distributions from, foreign grantor trusts with regard to all U.S. transferors and U.S. recipients, including the U.S. owner, in order to administer the foreign trust provisions and to determine a taxpayer’s U.S. tax liability with respect to foreign trusts. For example, the IRS uses this information to determine whether the transferor should be treated as the owner of the foreign trust, the value of the foreign trust’s corpus at the end of the year for purposes of assessing penalties under section 6677, and the tax consequences of distributions in later years, such as distributions of corpus or UNI, if the foreign trust becomes a nongrantor trust (because, for example, the grantor dies). Therefore, proposed §1.6048-6(b) clarifies that, pursuant to section 6048(d)(1), a transfer to, or a distribution from, a foreign trust is reportable under section 6048(a) and (c) and the proposed regulations without regard to whether the trust is a grantor trust or a nongrantor trust, and whether or not there are any U.S. income tax consequences associated with the transfer or distribution.
3. Domestic Trust with Substantial Foreign Activities or Assets
Proposed §1.6048-6(c) is reserved for rules under section 6048(d)(2). Section 6048(d)(2) provides that, to the extent provided in regulations, a domestic trust is treated as a foreign trust for purposes of sections 6048 and 6677 if the trust has substantial activities, or holds substantial property, outside the United States. See section III.D.4 of the Background.
4. Joint Filers
Proposed §1.6048-6(d) provides that married U.S. persons, each of whom is subject to the information reporting requirements under proposed §1.6048-2(a) (as a grantor or transferor required to file Part I of Form 3520), proposed §1.6048-3(a)(2) (as a U.S. owner of a foreign trust required to file a substitute Form 3520-A), or proposed §1.6048-4(a) (as a U.S. recipient of a distribution from a foreign trust required to file Part III of Form 3520) for the same foreign trust, may file one Form 3520 for purposes of proposed §§1.6048-2 through 1.6048-4, but only if they file a joint income tax return under section 6013 for the tax year for which reporting is required.
V.
Section 6677 – Civil Penalties for Failure to File Information with Respect to Certain Foreign Trusts
Proposed §1.6677-1 provides rules for civil penalties that may be assessed if any notice or return required to be filed under proposed §§1.6048-2 through 1.6048-4 is not timely filed or contains incomplete or incorrect information. The proposed regulations provide for three separate civil penalties that correspond to each separate reporting requirement under proposed §1.6048-2, §1.6048-3, and §1.6048-4. The Treasury Department and the IRS interpret section 6677 as assessing a penalty based on a percentage of a gross reportable amount, a term that is defined separately under section 6677(c) and in the proposed regulations with respect to each corresponding section 6048 reporting requirement. This interpretation is consistent with the plain text of sections 6048 and 6677 and the purpose of the 1996 Act’s modifications to these sections, which is to discourage U.S. persons from using foreign trusts to avoid their U.S. tax obligations.
A.
General rules
Proposed §1.6677-1(a)(1) provides that, as a general rule, a person who fails to timely file a required notice or return, or fails to provide complete and correct information, is subject to a penalty equal to the greater of $10,000 or 35 percent of the applicable gross reportable amount (defined in proposed §1.6677-1(c)) for each such failure (or for each year, in the case of a failure under proposed §1.6048-3 relating to information reporting about U.S. owners of foreign trusts). If a person reports an amount that is less than the gross reportable amount, the penalty is based on the amount that is unreported.
Proposed §1.6677-1(a)(2) provides that, if the failure to comply with the applicable reporting requirement continues for more than 90 days after the day on which the IRS mails notice of the failure to the U.S. person required to pay the penalty, the person is required to pay an additional penalty of $10,000 for each 30-day period (or fraction thereof) during which the failure continues.
Proposed §1.6677-1(a)(3)(i) addresses maximum penalties. Proposed §1.6677-1(a)(3)(i) provides that the aggregate amount of the penalties imposed by proposed §1.6677-1(a)(1) and (2) (as modified by proposed §1.6677-1(b), if applicable) with respect to any single failure may not exceed the gross reportable amount with respect to that failure (provided that the IRS receives enough information to accurately determine the gross reportable amount). In some cases, the IRS can begin to assess penalties before it has received enough information to determine the gross reportable amount. If the aggregate amount of the penalty collected exceeds the applicable gross reportable amount (because the penalty was assessed and collected before the IRS was able to determine the gross reportable amount), the IRS will refund the excess amount pursuant to section 6402.
Proposed §1.6677-1(a)(3)(ii) provides that the limitations period for claims for refund under section 6511(a) and (b) applies to the refund of any excess amount.
B.
Failures to comply with proposed §1.6048-3
Proposed §1.6677-1(b) makes two modifications to the rules of proposed §1.6677-1(a) in the case of a notice or return required to be filed under proposed §1.6048-3 (relating to information reporting about U.S. owners of foreign trusts). First, in the case of a notice or return required to be filed by a foreign trust under proposed §1.6048-3(a), the U.S. owner, rather than the foreign trust, must pay the penalty. Second, the amount of any penalty that initially is imposed under proposed §1.6677-1(a)(1) is the greater of $10,000 or five percent (rather than 35 percent) of the gross reportable amount.
C.
Gross reportable amount
Proposed §1.6677-1(c)(1) provides that the term
gross reportable amount
means (i) the gross value of the property involved in the reportable event (determined as of the date of the event) in the case of a failure relating to proposed §1.6048-2, (ii) the gross value of the portion of the foreign trust’s assets (at the close of the trust’s taxable year) treated as owned by the U.S. person in the case of a failure relating to proposed §1.6048-3, and (iii) the gross amount of the distribution or deemed distribution in the case of a failure relating to proposed §1.6048-4. Proposed §1.6677-1(c)(2) provides guidance on how to determine the gross value or gross amount of property for purposes of proposed §1.6677-1(c)(1).
D.
Reasonable cause
Proposed §1.6677-1(d) provides that the penalty does not apply if the person required to file the notice or return (including a U.S. person who is treated as an owner of a foreign trust that fails to comply with proposed §1.6048-3(b)) shows that the failure to file is due to reasonable cause and not due to willful neglect. The determination of whether a failure is due to reasonable cause and not due to willful neglect will be made under the principles set out in §1.6664-4 and §301.6651-1(c) and will be made on a case-by-case basis, taking into account all pertinent facts and circumstances. The fact that a foreign jurisdiction would impose a civil or criminal penalty on any person for disclosing the required information will not satisfy the reasonable cause exception. In addition, refusal on the part of a foreign trustee to provide information for any reason, including difficulty in producing the required information or the existence of provisions in the trust instrument that prevent the disclosure of required information, does not constitute reasonable cause.
E.
Inapplicability of deficiency procedures
Proposed §1.6677-1(e) provides that deficiency procedures do not apply in the case of the assessment or collection of a penalty imposed under section 6677.
F.
Joint filers
Proposed §1.6677-1(f)(1) provides that married U.S. persons who jointly file Form 3520 for purposes of proposed §§1.6048-2 through 1.6048-4 and jointly file an income tax return under section 6013 (as described section IV.E of this Explanation of Provisions) are treated as a single U.S. person for purposes of assessing section 6677 penalties.
In addition, proposed §1.6677-1(f)(2) provides that the IRS may treat married U.S. persons who file a joint income tax return under section 6013, but who did not file an information return as required under §§1.6048-2 through 1.6048-4, as a single U.S. person for purposes of assessing section 6677 penalties, unless the IRS determines that, based on all the facts and circumstances, only one of the spouses was subject to the information reporting requirement (for example, because only one spouse had an interest in the property constituting the transfer to, or receipt from, a foreign trust). In these cases, it can be difficult for the IRS to determine who, between spouses, should be treated as the transferor, grantor, or owner of, or the recipient of a distribution from, a foreign trust (because, for example, a transfer of property to, or the receipt of property from, a foreign trust was made from (or to) a joint bank account). By enabling the IRS to assess section 6677 penalties on a joint and several basis against married U.S persons who do not file information returns required under section 6048, proposed §1.6677-1(f)(2) allows the IRS to properly enforce section 6048, while still allowing each spouse to demonstrate that they should not be jointly and severally liable for the section 6677 penalties assessed (for example, because one spouse did not have an interest in the underlying property giving rise to a reporting requirement under proposed §§1.6048-2 through 1.6048-4).
The liability of married U.S. persons treated as a single person is joint and several pursuant to proposed §1.6677-1(f)(3).
VI.
Proposed Applicability Dates
These regulations are proposed to apply to transactions with foreign trusts and the receipt of foreign gifts in taxable years beginning after the date on which the final regulations are published in the
Federal Register
. However, a taxpayer may rely on these proposed regulations for any taxable year ending after May 8, 2024 and beginning on or before the date that final regulations are published in the
Federal Register
, provided that the taxpayer and all related persons (within the meaning of sections 267(b) and 707(b)(1)) apply the proposed regulations in their entirety and in a consistent manner for all taxable years beginning with the first taxable year of reliance until the applicability date of the final regulations.
Special Analyses
I.
Regulatory Planning and Review — Economic Analysis
Pursuant to the Memorandum of Agreement, Review of Treasury Regulations under Executive Order 12866 (June 9, 2023), tax regulatory actions issued by the IRS are not subject to the requirements of section 6 of Executive Order 12866, as amended. Therefore, a regulatory impact assessment is not required.
II.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520) (
PRA
) generally requires that a Federal agency obtain the approval of the Office of Management and Budget (
OMB
) before collecting information from the public, whether such collection of information is mandatory, voluntary, or required to obtain or retain a benefit.
The estimated number of taxpayers impacted by these proposed regulations is 58,000. This is the number of taxpayers who currently file Form 3520 and Form 3520-A to report information required by sections 643(i), 679, 6039F, and 6048 as reflected under OMB control numbers 1545-0074 (for individual filers), 1545-0123 (for business filers), and 1545-0159 (for trust and estate filers). However, the Treasury Department and the IRS estimate that 58,000 is the upper bound because the proposed regulations exempt certain taxpayers from information reporting under sections 6039F and 6048. See, e.g., proposed §§1.6039F-1(c) and 1.6048-5.
The collections of information in the proposed regulations are in proposed §§ 1.643(i)-1(b)(2)(ii), 1.643(i)-1(c)(2)(ii), 1.679-2(d)(1), 1.679-4(d)(1)(ii), 1.6039F-1(a), 1.6039F-1(e), 1.6048-2(a), 1.6048-3(a), 1.6048-4(c), and 1.6677-1(d). In general, the collections of information contained in these proposed regulations are currently reflected in the collection of information for Form 3520 and Form 3520-A, which have been reviewed and approved by the OMB in accordance with the PRA under control numbers 1545-0074 (for individual filers), 1545-0123 (for business filers), and 1545-0159 (for trust and estate filers). Thus, the burden estimates for OMB control numbers 1545-0074, 1545-0123, and 1545-0159 will be updated to reflect the collections of information associated with the proposed regulations.
An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a valid OMB control number.
III.
Regulatory Flexibility Act
When an agency issues a rulemaking proposal, the Regulatory Flexibility Act (5 U.S.C. chapter 6) (
RFA
) requires the agency “to prepare and make available for public comment an initial regulatory flexibility analysis” that will “describe the impact of the proposed rule on small entities.” See 5 U.S.C. 603(a). Section 605 of the RFA provides an exception to this requirement if the agency certifies that the proposed rulemaking will not have a significant economic impact on a substantial number of small entities. A small entity is defined as a small business, small nonprofit organization, or small governmental jurisdiction. See 5 U.S.C. 601(3) through (6).
The Treasury Department and the IRS do not expect the proposed regulations to have a significant economic impact on a substantial number of small entities within the meaning of sections 601(3) through 601(6) of the RFA. The proposed regulations generally reflect the existing collection of information requirements for Form 3520 and Form 3520-A. However, because the proposed regulations generally apply to any U.S. person, including small entities, that engage in certain transactions with foreign trusts or receive large foreign gifts, an initial regulatory flexibility analysis has been prepared for this notice of proposed rulemaking under 5 U.S.C. chapter 6 and is provided below. The Treasury Department and the IRS request comments on the number of small entities that may be impacted and whether that impact will be economically significant.
A.
Statement of the need for, and objectives of, the proposed regulations
As discussed in the Background and Explanation of Provisions, the proposed regulations implement sections 643(i), 679, 6039F, 6048 and 6677 (the
foreign trust and gift provisions
), which were added to the Code or significantly modified to address the use of foreign trusts and similar offshore arrangements by United States persons to avoid U.S. tax. These provisions also enhance the IRS’s ability to obtain information regarding these offshore arrangements, including the receipt of large foreign gifts by United States persons. The proposed regulations address potential uncertainty under current law, including the necessary requirements for complying with the foreign trust and gift provisions, and the relevant tax consequences and potential penalties for compliance failures.
B.
Small entities to which the proposed regulations will apply
The proposed regulations generally define a United States person using the definition in section 7701(a)(30), which includes domestic partnerships and domestic corporations, subject to exceptions for certain entities that are exempt from taxation under chapter 1 of the Code. See, e.g., proposed §§ 1.643(i)-1(d)(12), 1.679-1(c)(2), 1.6039F-1(a), and 1.6048-1(b)(7). Because the number of small businesses that file Form 3520 and Form 3520-A is reflected in the taxpayer compliance burden provided for U.S. business income tax returns under OMB 1545-0123, an estimate of the number of small businesses affected by the proposed regulations is not currently feasible, and therefore, this initial regulatory flexibility analysis assumes that a substantial number of small businesses will be affected. The Treasury Department and the IRS do not expect that the proposed regulations will affect a substantial number of small nonprofit organizations or small governmental jurisdictions.
C.
Projected reporting, recordkeeping, and other compliance requirements
The proposed regulations generally do not impose additional reporting, recordkeeping, or other compliance obligations. The proposed regulations are substantially similar to the existing guidance in Notice 97-34, Revenue Procedure 2014-55, and Revenue Procedure 2020-17 and the existing instructions to Form 3520 and Form 3520-A. The proposed regulations include certain limited clarifications to the existing guidance and also provide additional taxpayer relief, including with respect to small entities. Moreover, even without the proposed regulations, small entities would continue to be required to file Form 3520 or Form 3520-A to comply with the statutory requirements. Therefore, these regulations generally are not expected to impose new compliance burdens, other than the time necessary for small entities to read the proposed regulations.
D.
Duplicate, overlapping, or relevant Federal rules
The Treasury Department and the IRS are not aware of any Federal rules that duplicate, overlap, or conflict with the proposed regulations.
E.
Alternatives considered
The foreign trust and gift provisions apply to any United States person, and the statutes do not establish different rules for small entities. Because the foreign trust and gift provisions are intended to address the use of foreign trusts and similar arrangements to avoid U.S. tax, which can be structured using large and small business entities, the Treasury Department and the IRS are of the view that the proposed regulations should apply uniformly to all business entities. The Treasury Department and the IRS did not consider any significant alternatives. The proposed regulations address potential uncertainty under current law without imposing additional economic burdens on these entities. Therefore, the proposed regulations adopt the approach with the least economic impact.
IV.
Section 7805(f)
Pursuant to section 7805(f) of the Internal Revenue Code, this regulation will be submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small business.
V.
Unfunded Mandates Reform Act
Section 202 of the Unfunded Mandates Reform Act of 1995 requires that agencies assess anticipated costs and benefits and take certain other actions before issuing a final rule that includes any Federal mandate that may result in expenditures in any one year by a State, local, or Tribal government, in the aggregate, or by the private sector, of $100 million in 1995 dollars, updated annually for inflation. The proposed regulations do not include any Federal mandate that may result in expenditures by State, local, or Tribal governments, or by the private sector in excess of that threshold.
VI.
Executive Order 13132: Federalism
Executive Order 13132 (entitled
Federalism
) prohibits an agency from publishing any rule that has federalism implications if the rule either imposes substantial, direct compliance costs on State and local governments, and is not required by statute, or preempts State law, unless the agency meets the consultation and funding requirements of section 6 of the Executive Order. The proposed regulations do not have federalism implications, do not impose substantial direct compliance costs on State and local governments, and do not preempt State law within the meaning of the Executive order.
Comments and Requests for a Public Hearing
Before these proposed amendments to the regulations are adopted as final regulations, consideration will be given to any comments regarding the notice of proposed rulemaking that are submitted timely to the IRS, as prescribed in this preamble under the “Addresses” heading. The Treasury Department and the IRS request comments on all aspects of the proposed rules. Comments are specifically requested in Section I.B. of the Explanation of Provisions, regarding whether qualified obligation rules are needed for loans of marketable securities and regarding the scope and application of the exception from section 643(i) distribution treatment for certain loans made by a foreign corporation. All comments will be made available at www.regulations.gov. Once submitted to the Federal eRulemaking Portal, comments cannot be edited or withdrawn.
A public hearing has been scheduled for August 21, 2024, at 10:00 a.m. ET, in the Auditorium at the Internal Revenue Building, 1111 Constitution Avenue, NW., Washington DC. Due to building security procedures, visitors must enter at the Constitution Avenue entrance. In addition, all visitors must present photo identification to enter the building. Because of access restrictions, visitors will not be admitted beyond the immediate entrance area more than 30 minutes before the hearing starts. Participants may alternatively attend the public hearing by telephone.
The rules of 26 CFR 601.601(a)(3) apply to the hearing. Persons who wish to present oral comments at the hearing must submit an outline of the topics to be discussed and the time to be devoted to each topic by July 8, 2024. Outlines must be submitted electronically via the Federal eRulemaking Portal at www.regulations.gov (indicate IRS and REG-124850-08). A period of 10 minutes will be allotted to each person for making comments. An agenda showing the scheduling of the speakers will be prepared after the deadline for receiving outlines has passed. Copies of the agenda will be available free of charge at the hearing. If no outline of the topics to be discussed at the hearing is received by July 8, 2024, the public hearing will be cancelled. If the public hearing is cancelled, a notice of cancellation of the public hearing will be published in the
Federal Register
Individuals who want to testify in person at the public hearing must send an email to publichearings@irs.gov to have your name added to the building access list. The subject line of the email must contain the regulation number REG-124850-08 and the language TESTIFY in Person. For example, the subject line may say: Request to TESTIFY in Person at Hearing for REG-124850-08.
Individuals who want to testify by telephone at the public hearing must send an email to publichearings@irs.gov to receive the telephone number and access code for the hearing. The subject line of the email must contain the regulation number REG-124850-08 and the language TESTIFY Telephonically. For example, the subject line may say: Request to TESTIFY Telephonically at Hearing for REG-124850-08.
Individuals who want to attend the public hearing in person without testifying must also send an email to publichearings@irs.gov to have your name added to the building access list. The subject line of the email must contain the regulation number REG-124850-08 and the language ATTEND In Person. For example, the subject line may say: Request to ATTEND Hearing in Person for REG-124850-08. Requests to attend the public hearing must be received by 5:00 p.m. ET on
August 19, 2024
Hearings will be made accessible to people with disabilities. To request special assistance during a hearing please contact the Publications and Regulations Branch of the Office of Associate Chief Counsel (Procedure and Administration) by sending an email to publichearings@irs.gov (preferred) or by telephone at (202) 317-6901 (not a toll-free number) by at least
August 16, 2024
Statement of Availability of IRS Documents
IRS Revenue Procedures, Revenue Rulings, Notices and other guidance cited in this document are published in the Internal Revenue Bulletin or Cumulative Bulletin and are available from the Superintendent of Documents, U.S. Government Publishing Office, Washington, DC 20402, or by visiting the IRS website at
Drafting Information
The principal authors of these proposed regulations are Lara A. Banjanin, Tracy M. Villecco, and S. Eva Wolf of the Office of Associate Chief Counsel (International), and M. Grace Fleeman, formerly of the Office of Associate Chief Counsel (International). However, other personnel from the Treasury Department and the IRS participated in their development.
List of Subjects
26 CFR Part 1
Income taxes, Reporting and recordkeeping requirements.
Proposed Amendments to the Regulations
Accordingly, the Treasury Department and IRS propose to amend 26 CFR part 1 as follows:
PART 1—INCOME TAXES
Paragraph 1. The authority citation for part 1 is amended by adding entries in numerical order and revising entries for §§1.679-1, 1.679-2, and 1.679-4 to read in part as follows:
Authority:
26 U.S.C. 7805 * * *
Section 1.643(i)-1 also issued under 26 U.S.C. 643.
Sections 1.643(i)-2 through 1.643(i)-4 also issued under 26 U.S.C. 643 and 6048.
Section 1.643(i)-5 also issued under 26 U.S.C. 643.
* * * * *
Section 1.679-1 also issued under 26 U.S.C. 643 and 679.
Section 1.679-2 also issued under 26 U.S.C. 643 and 679.
Section 1.679-4 also issued under 26 U.S.C. 643 and 679.
* * * * *
Section 1.6039F-1 also issued under 26 U.S.C. 6039F.
* * * * *
Sections 1.6048-1 through 1.6048-6 also issued under 26 U.S.C. 643 and 6048.
* * * * *
Section 1.6677-1 also issued under 26 U.S.C. 643 and 6048.
* * * * *
Par. 2. Sections 1.643(i)-1, 1.643(i)-2, 1.643(i)-3, 1.643(i)-4, and 1.643(i)-5 are added to read as follows:
§1.643(i)-1 Loans from and use of trust property of foreign nongrantor trusts.
(a)
Loans and use of trust property
—(1)
In general
. For purposes of subparts B, C, and D of part I of subchapter J of chapter 1 of the Internal Revenue Code, a loan or use of trust property described in paragraph (b) or (c) of this section is treated as a section 643(i) distribution from a foreign trust to a U.S. grantor or beneficiary of the foreign trust under subchapter J of chapter 1 of the Internal Revenue Code, as provided in such paragraphs. Paragraph (d) of this section provides definitions for this section and §§1.643(i)-2 through 1.643(i)-5. Section 1.643(i)-2 provides exceptions to the general rules of this section. Section 1.643(i)-3 provides rules relating to the determination of the amount treated as a section 643(i) distribution and the tax consequences of a section 643(i) distribution. Section 1.643(i)-4 provides examples, and §1.643(i)-5 provides the applicability date for the rules in this section and §§1.643(i)-2 through 1.643(i)-4.
(2)
Interaction with section 6048(c)
. For rules relating to information reporting of loans from foreign trusts and the use of property of a foreign trust, see §1.6048-4. That provision applies without regard to whether the loan or use of property is treated as a section 643(i) distribution or has any other tax consequences, and without regard to whether the foreign trust is a nongrantor or grantor trust.
(b)
Loan of cash or marketable securities from foreign nongrantor trust generally treated as a distribution
—(1)
In general
. Except as provided in §1.643(i)-2, any direct or indirect loan of cash or marketable securities from a foreign nongrantor trust (whether from trust corpus or income) to any U.S. grantor or beneficiary of that trust or any U.S. person related to such a U.S. grantor or beneficiary is treated as a section 643(i) distribution to the U.S. grantor or beneficiary on the date such loan is made. For these purposes, a loan from a nongrantor trust to a grantor trust or to a disregarded entity is treated as a loan to the owner of the grantor trust or of the disregarded entity, respectively. For example, a loan to a single member LLC treated as a disregarded entity is treated as a loan to the owner of the LLC.
(2)
Indirect loans
—(i)
In general
. Except as provided in paragraph (b)(2)(ii) of this section, an indirect loan of cash or marketable securities from a foreign nongrantor trust includes a loan of cash or marketable securities made by an intermediary, agent, or nominee of the trust, as well as a loan made to an intermediary, agent, or nominee of a U.S. grantor or beneficiary or of a U.S. person related to a U.S. grantor or beneficiary. For example, such indirect loans include:
(A) Loans made by any person other than the trust to either a U.S. grantor or beneficiary of a foreign trust or any U.S. person related to a U.S. grantor or beneficiary if the foreign trust provides a guarantee (within the meaning of §1.679-3(e)(4)) for the loan;
(B) Loans made by any person related to a foreign trust, to either a U.S. grantor or beneficiary of the trust, or a U.S. person related to a U.S. grantor or beneficiary; and
(C) Loans made by a foreign trust to a foreign person, other than to a nonresident alien individual grantor or beneficiary of the trust, if the foreign person is related to a U.S. grantor or beneficiary of the trust.
(ii)
Limitation
. The loans described in paragraphs (b)(2)(i)(B) and (b)(2)(i)(C) of this section will not be treated as a section 643(i) distribution if the U.S. grantor or beneficiary:
(A) Satisfies the information reporting requirements of §1.6048-4 with respect to the loan, and
(B) Includes an explanatory statement attached to the U.S. grantor or beneficiary’s Federal income tax return that demonstrates to the satisfaction of the Commissioner that the loan would have been made without regard to the fact that the U.S. grantor or beneficiary is a grantor or beneficiary of the foreign trust.
(iii)
Effect of indirect loans
—(A)
In general
. In the case of a loan described in paragraph (b)(2)(i)(A) or (B) of this section, the person making the loan is treated as an agent of the foreign trust.
(B)
Loans to a foreign person related to a U.S. grantor or beneficiary
. In the case of a loan described in paragraph (b)(2)(i)(C) of this section, the foreign person related to the U.S. grantor or beneficiary is treated as an agent of the U.S. grantor or beneficiary, and the date the loan is made to the foreign person is treated as the date the loan is made to the U.S. grantor or beneficiary.
(3)
Rule for nonresident alien individual grantors or beneficiaries of a foreign trust who become U.S. persons
. If a nonresident alien individual who is a grantor or beneficiary of a foreign trust receives a loan from the trust and, while the loan is outstanding, becomes a U.S. resident (within the meaning of section 7701(b)) or a U.S. citizen within two years after the date the loan was made, the loan will be treated as a section 643(i) distribution with respect to the outstanding amount of the loan as of the date the individual acquires U.S. residence or citizenship unless an exception described in §1.643(i)-2 applies.
(c)
Use of trust property generally treated as a distribution
—(1)
In general
. Except as provided in §1.643(i)-2, any direct or indirect use of property of a foreign trust, other than a loan of cash or marketable securities, by any U.S. grantor or beneficiary of the trust or any U.S. person related to a U.S. grantor or beneficiary is treated as a section 643(i) distribution to the U.S. grantor or beneficiary in the taxable year in which the use occurs. For these purposes, use of property of a nongrantor trust by a grantor trust or by a disregarded entity is treated as use by the owner of the grantor trust or of the disregarded entity, respectively. For example, use of trust property by a single member LLC treated as a disregarded entity would be treated as use by the owner of the LLC.
(2)
Indirect use of trust property
—(i)
In general
. Indirect use of property of a foreign trust includes use by an agent or nominee of a U.S. grantor or beneficiary of the trust or an agent or nominee of a U.S. person related to a U.S. grantor or beneficiary. Indirect use of trust property also includes use by a foreign person, other than a nonresident alien individual beneficiary of the trust, if the foreign person is related to a U.S. grantor or beneficiary of the trust, unless paragraph (c)(2)(ii) of this section applies.
(ii)
Limitation
. The use of trust property described in the second sentence of paragraph (c)(2)(i) of this section is not treated as a section 643(i) distribution to the U.S. grantor or beneficiary if the U.S. grantor or beneficiary:
(A) Satisfies the information reporting requirements of §1.6048-4 with respect to the use; and
(B) Includes an explanatory statement attached to the U.S. grantor’s or beneficiary’s Federal income tax return that demonstrates to the satisfaction of the Commissioner that the use of trust property would have been allowed without regard to the fact that the U.S. grantor or beneficiary is a grantor or beneficiary of the foreign trust.
(iii)
Effect of indirect use of trust property
. In the case of the use of trust property by a foreign person related to the U.S. grantor or beneficiary described in paragraph (c)(2)(i) of this section, such foreign person is treated as an agent of the U.S. grantor or beneficiary.
(d)
Definitions
. The following definitions apply for purposes of this section and §§1.643(i)-2 through 1.643(i)-5:
(1)
Beneficiary
. The term
beneficiary
means a person to whom or for whose benefit, under the terms of the trust instrument or applicable local law, at any time during the term of the trust or upon termination, trust income or corpus may be paid (including pursuant to a power of appointment that has been exercised in favor of that person) or accumulated, directly or indirectly. All references to a U.S. beneficiary mean a beneficiary who is a U.S. person.
(2)
Cash
. The term
cash
includes foreign currencies and cash equivalents.
(3)
Disregarded entity
. The term
disregarded entity
means an entity that, under §§301.7701–1 through 301.7701–3 of this chapter, is disregarded as an entity separate from its owner.
(4)
Foreign person
. The term
foreign person
means any person who is not a U.S. person within the meaning of section 7701(a)(30).
(5)
Grantor trust
. The term
grantor trust
means a trust or any portion of a trust that is treated as owned by any person under subpart E of part I of subchapter J of chapter 1 of the Internal Revenue Code.
(6)
Loan of cash
. Except as provided in §1.643(i)-2(a)(1), the term
loan of cash
includes an extension of credit.
(7)
Marketable securities
. The term
marketable securities
means marketable securities within the meaning of section 731(c)(2)(A), but not including foreign currencies.
(8)
Nongrantor trust
. The term
nongrantor trust
means a trust or any portion of a trust that is not treated as owned by any person under subpart E of part I of subchapter J of chapter 1 of the Internal Revenue Code.
(9)
Related
. A person will be considered to be related to another person if the relationship between such persons would result in a disallowance of losses under section 267 or 707(b). In applying section 267 for purposes of the previous sentence, section 267(c)(4) is applied as if the family of an individual includes the spouses of the members of the individual’s family.
(10)
Section 643(i) distribution
. The term
section 643(i) distribution
means a transaction described in paragraph (b) or (c) of this section.
(11)
U.S. grantor
. The term
U.S. grantor
means a U.S. person described in §1.671-2(e).
(12)
U.S. person
—(i)
In general
. Subject to paragraph (d)(12)(ii) of this section, the term
U.S. person
means a United States person as defined in section 7701(a)(30) but does not include an entity that is exempt from tax under chapter 1 of the Internal Revenue Code.
(ii)
Special rules
—(A)
Dual resident taxpayers
. If a dual resident taxpayer (within the meaning of §301.7701(b)-7(a)(1) of this chapter) computes U.S. income tax liability as a nonresident alien on the last day of the taxable year and complies with the filing requirements of §301.7701(b)-7(b) and (c) of this chapter, the dual resident taxpayer is not treated as a U.S. person for purposes of section 643(i) with respect to the portion of the taxable year the dual resident taxpayer was treated as a nonresident alien for purposes of computing U.S. income tax liability.
(B)
Dual status taxpayers
. Except as provided in paragraph (b)(3) of this section, if a taxpayer abandons U.S. citizenship or residence during the tax year or acquires U.S. citizenship or residence during the taxable year as provided in §1.6012-1(b)(2)(ii), the taxpayer is not treated as a U.S. person with respect to the portion of the taxable year the taxpayer was treated as a nonresident alien for purposes of computing U.S. income tax liability.
§1.643(i)-2 Exceptions
(a)
In general
. A loan of cash or use of trust property will not be treated as a section 643(i) distribution if the loan of cash or use of trust property is one of the following:
(1)
Loan of cash in exchange for a qualified obligation
. A loan of cash that is in exchange for a qualified obligation (within the meaning of paragraph (b)(2)(iii) of this section).
(2)
Compensated use of trust property
—(i)
In general
. Use of trust property, other than a loan of cash or marketable securities, to the extent that the trust is paid the fair market value of such use within a reasonable period from the start of the use of the property. A determination as to the fair market value of the use of such property and as to whether a fair market value payment is made within a reasonable period must be based on all the facts and circumstances, including the type of property used and the period of use. In appropriate cases, such as rental of real property, payments may be made on a periodic basis consistent with arm’s length dealings between unrelated parties.
(ii)
Safe harbor
. For purposes of paragraph (a)(2)(i) of this section, a payment is made within a reasonable period if the payment is made or periodic payments commence within 60 days of the start of the use of trust property.
(3)
De minimis use of trust property
. Use of trust property, other than a loan of cash or marketable securities, if such use is de minimis. Use of trust property will be considered de minimis if aggregate use by members of the group consisting of the U.S. grantors, U.S. beneficiaries, and the U.S. persons related to any U.S. grantor or beneficiary does not exceed 14 days during the calendar year.
(4)
Certain loans made by a foreign corporation
. A loan of cash that is made by a foreign corporation to a U.S. beneficiary of the foreign trust to the extent the aggregate amount of all such loans to the beneficiary does not exceed undistributed earnings and profits of the foreign corporation attributable to amounts that are, or have been, included in the beneficiary’s gross income under section 951, 951A, or 1293.
(b)
Qualified obligations
—(1)
In general
. The rules in this paragraph (b) apply to determine whether a loan of cash is in exchange for a qualified obligation.
(2)
Definitions
. The following definitions apply for purposes of this section and §§1.643(i)-1 and 1.643(i)-3 through 1.643(i)-5:
(i)
Obligation
. The term
obligation
means any instrument or contractual arrangement that constitutes indebtedness under general principles of Federal income tax law (for example, a bond, note, debenture, certificate, bill receivable, account receivable, note receivable, open account, or other evidence of indebtedness), and any annuity contract that would not otherwise be classified as indebtedness under general principles of Federal income tax law.
(ii)
Obligor
. The term
obligor
means the person who issues an obligation to a foreign trust in exchange for a loan of cash.
(iii)
Qualified obligation
—(A)
General requirements
. The term
qualified obligation
means an obligation that at all times satisfies all of the following requirements:
) The obligation is reduced to writing in an express written agreement.
) The term of the obligation does not exceed five years. For purposes of determining the term of an obligation, the obligation’s maturity date is the last possible date that the obligation can be outstanding under the terms of the obligation.
) All payments on the obligation must be made in cash in U.S. dollars.
) The obligation is issued at par and provides for stated interest at a fixed rate or a qualified floating rate within the meaning of §1.1275-5(b).
) The yield to maturity of the obligation is not less than 100 percent of the applicable Federal rate and not greater than 130 percent of the applicable Federal rate. The applicable Federal rate for an obligation is the applicable Federal rate in effect under section 1274(d) for the day on which the obligation is issued, as published in the Internal Revenue Bulletin (see §601.601(d)(2) of this chapter). The yield to maturity and the applicable Federal rate must be based on the same compounding period. If an obligation is a variable rate debt instrument that provides for stated interest at a qualified floating rate, the equivalent fixed rate debt instrument rules in §1.1274-2(f)(1) or §1.1275-5(e), whichever is applicable, apply to determine the obligation’s yield to maturity.
) All stated interest on the obligation is qualified stated interest within the meaning of §1.1273-1(c).
(B)
Additional requirements to remain a qualified obligation
. An obligation will remain a qualified obligation only if, for the first year and each succeeding year that the obligation remains outstanding, the following requirements are satisfied:
) The U.S. grantor or beneficiary timely extends the period for assessment of any income tax attributable to the obligation and any consequent income tax changes for each year that the obligation is outstanding to a date not earlier than three years after the maturity date of the obligation. This extension of the period for assessment is not necessary with respect to the taxable year of the U.S. grantor or beneficiary in which the maturity date of the obligation falls, provided that the obligation is paid in cash in U.S. dollars within that year. The period of assessment is extended by completing and filing Part III of Form 3520,
Annual Return to Report Transactions with Foreign Trusts and Receipt of Certain Foreign Gifts
, for every year that the obligation is outstanding. The waiver in Part III of Form 3520 shall also contain such other terms with respect to assessment as may be considered necessary by the Commissioner to ensure the assessment and collection of the correct tax liability for each year for which the waiver is required. When Part III of Form 3520 is properly executed and filed, the consent to extend the period for assessment of tax will be deemed to be agreed upon and executed by the Commissioner for purposes of §301.6501(c)-1(d).
) The U.S. grantor or beneficiary timely reports the status of the obligation, including principal and interest payments, on Part III of Form 3520 for each year that the obligation is outstanding.
) The obligor timely makes all payments of principal and interest on the obligation according to the terms of the obligation (which may include a reasonable grace period of no more than thirty days for a late payment).
(3)
Modification of a qualified obligation
. If the terms of a qualified obligation are modified and the modification is treated as an exchange under §1.1001-3, the new obligation that is deemed issued in the exchange under §1.1001-3 must satisfy all the requirements in paragraph (b)(2)(iii) of this section to be a qualified obligation using the original obligation’s issue date. If the modification is not treated as an exchange under §1.1001-3, then the obligation must be retested as of the date of the modification to determine whether the obligation, as modified, continues to satisfy the requirements in paragraph (b)(2)(iii) of this section to be a qualified obligation.
(4)
Additional loans
. If a qualified obligation is outstanding and the obligor directly or indirectly issues an additional obligation to the foreign trust in exchange for cash, the outstanding obligation is deemed to have the maturity date of the additional obligation in determining whether the outstanding obligation exceeds the specified five-year term. The outstanding obligation must be retested as of the issue date of the additional obligation to determine whether it would have satisfied, as of the outstanding obligation’s issue date, all the requirements in paragraph (b)(2)(iii) of this section to be a qualified obligation. If there is more than one qualified obligation outstanding, the determination is made based on the outstanding obligation with the earliest issue date. The additional obligation also must be separately tested to see if it satisfies the requirements in paragraph (b)(2)(iii) of this section to be a qualified obligation.
(5)
Anti-abuse rule
. Notwithstanding paragraphs (b)(3) and (4) of this section, if the Commissioner determines, based on all of the facts and circumstances, that two or more obligations issued by a U.S. obligor are structured with a principal purpose to avoid the application of section 643(i), the Commissioner may treat the obligations as a single obligation that is not a qualified obligation.
(6)
Obligations that cease to be qualified
—(i)
In general
. If an obligation ceases to be a qualified obligation (for example, because an obligation is modified so that the term of the obligation exceeds 5 years), the U.S. grantor or beneficiary is treated as receiving a section 643(i) distribution from the trust.
(ii)
Amount of section 643(i) distribution
. Except as otherwise provided in this paragraph (b)(6)(ii), the amount of the section 643(i) distribution treated as received pursuant to paragraph (b)(6)(i) of this section is equal to the obligation’s outstanding stated principal amount plus any accrued but unpaid qualified stated interest (within the meaning of §1.1273-1(c)) as of the date of the event that causes the obligation to no longer be a qualified obligation. In the case of an obligation that ceases to be a qualified obligation because the Commissioner treats two or more obligations as a single obligation pursuant to paragraph (b)(5) of this section, the amount of the section 643(i) distribution will not exceed the sum of the outstanding stated principal amount plus any accrued but unpaid qualified stated interest on each of the obligations as of the date determined by the Commissioner under paragraph (b)(6)(iii) of this section.
(iii)
Date of section 643(i) distribution
. In general, the U.S. grantor or beneficiary is treated as receiving a section 643(i) distribution on the date of the event that causes an obligation to no longer be a qualified obligation. However, based on all of the facts and circumstances, if an obligation (or obligations) is structured with a principal purpose to avoid the application of section 643(i), the Commissioner may deem a section 643(i) distribution to have occurred on any date on or after the issue date of the obligation(s).
(c)
Trust property attributable to nongrantor trust portion
—(1)
In general
. A loan or use of trust property from a partial nongrantor trust must be apportioned between the nongrantor and grantor portions of the trust in a manner that is reasonable in light of all the facts and circumstances, including the terms of the governing instrument, local law, and the practice of the trustee if it is reasonable and consistent.
(2)
Specific property
. If a loan of cash or marketable securities, or a use of trust property, can be made from only one portion of the foreign trust because the type of property loaned or used is held only by that portion, then the loan or use of property is deemed to be attributable to that portion.
(d)
Reporting
. A loan of cash or marketable securities from, or the use of any property of, a foreign grantor or nongrantor trust to or by a U.S. person is a distribution for purposes of §1.6048-4(b)(3) or (4), as applicable, and must be reported by the U.S. person, and if the trust is a foreign nongrantor trust, by the U.S. grantor or beneficiary, under §1.6048-4(a), irrespective of whether the loan or use of trust property is a section 643(i) distribution.
(e)
Examples
. The following examples illustrate the rules of paragraphs (b) through (d) of this section:
(1)
Example 1: Loan of cash not in exchange for qualified obligation
. Y, a nonresident alien, created and funded a foreign nongrantor trust, FT, for the benefit of X, a U.S. person. X is the sole beneficiary of FT. In Year 1, FT makes a loan of cash to X in exchange for a demand note that permits FT to require repayment by X at any time. The demand note issued by X is not a qualified obligation within the meaning of paragraph (b)(2)(iii) of this section because X’s obligation to FT could remain outstanding for more than five years. Accordingly, the qualified obligation exception in paragraph (a)(1) of this section does not apply. Under §1.643(i)-1(b) and §1.643(i)-3(a), X is treated as receiving a section 643(i) distribution from FT. X must determine the tax consequences of the distribution under §1.643(i)-3(c). Under §1.6048-4(a), X is required to report the section 643(i) distribution on Part III of Form 3520 for Year 1, as a distribution from a foreign trust.
(2)
Example 2: Beneficiary fails to extend period of assessment and fails to report loan on Form 3520
. Y, a nonresident alien, created and funded a foreign nongrantor trust for the benefit of X, a U.S. person. On June 30, Year 1, FT makes a loan of cash to X in exchange for an obligation that satisfies the requirements of paragraph (b)(2)(iii)(A) of this section. However, X fails to timely file Form 3520 and did not request an extension to file. As a result, X has failed to extend the period for assessment of any income tax attributable to the loan through the filing of Form 3520 by its due date as required under paragraph (b)(2)(iii)(B)(
) of this section. X also has failed to report the status of the loan on Form 3520 as required under paragraph (b)(2)(iii)(B)(
) of this section. Either one of X’s failures is sufficient to cause the loan to be treated as a section 643(i) distribution under §1.643(i)-1(b). Because the loan fails to continue to be treated as a qualified obligation, the loan is treated as a section 643(i) distribution from FT as of April 15, Year 2, the date that X’s Form 3520 was due.
(3)
Example 3: Effect of subsequent obligation on original obligation
. Y, a nonresident alien, created and funded a foreign nongrantor trust for the benefit of X, a U.S. person. On January 1, Year 1, FT makes a loan of cash to X in exchange for Note 1, an obligation with a maturity date of January 1, Year 6, that satisfies the requirements of paragraph (b)(2)(iii) of this section. On June 30, Year 1, FT makes an additional loan of cash to X in exchange for Note 2, an obligation with a maturity date of June 30, Year 6. Under paragraph (b)(4) of this section, Note 1 will be deemed to have a maturity date of June 30, Year 6 (i.e., a greater than five-year term) and will cease to be a qualified obligation. Under paragraph (b)(6)(ii) of this section, X will be treated as receiving a section 643(i) distribution equal to Note 1’s outstanding stated principal amount plus any accrued but unpaid qualified stated interest (within the meaning of §1.1273-1(c)) as of June 30, Year 1. Note 2 will be separately tested to determine whether it satisfies the requirements of paragraph (b)(2)(iii) of this section.
(4)
Example 4: Anti-abuse rule
. Y, a nonresident alien, created and funded a foreign nongrantor trust for the benefit of X, a U.S. person. On January 1, Year 1, FT makes a loan of cash to X in exchange for Note 1, an obligation with a maturity date of January 1, Year 4 that satisfies the requirements of paragraph (b)(2)(iii) of this section. On January 1, Year 4, FT makes another loan of cash to X in exchange for Note 2, an obligation with a maturity date of January 1, Year 7, but otherwise has the same terms as Note 1. Based on all of the facts and circumstances, the Commissioner determines under paragraph (b)(5) of this section that Notes 1 and 2 are structured with a principal purpose to avoid the application of section 643(i). Therefore, under paragraph (b)(5) and paragraph (b)(6)(ii) and (iii) of this section, the Commissioner may treat Notes 1 and 2 as a single obligation (with a six-year term) that is not a qualified obligation and may treat X as receiving a section 643(i) distribution equal to the combined outstanding stated principal amounts of Note 1 and Note 2 plus any accrued but unpaid qualified stated interest as of any date determined by the Commissioner.
(5)
Example 5: Allocation of trust property attributable to partial grantor trust
. In Year 1, Y, a nonresident alien, creates and settles a foreign trust, FT, for the benefit of X, a U.S. beneficiary. Y funds the trust with a vacation home valued at $500,000 and $500,000 cash. Under the trust document, Y has the power to revoke the trust as to the vacation home and any income earned by the vacation home at any time without the consent of any person. This power to revoke results in Y being treated as the owner of the portion of the trust comprising the vacation home (the grantor trust portion) under section 676 (after application of §1.672(f)-3(a)). Y has no powers that would cause Y to be treated as the owner of the portion of the trust comprising the cash Y contributed or any income earned by that cash. X uses the vacation home for 2 months in Year 2 and does not compensate the trust for the use of the vacation home. Under paragraph (c)(2) of this section, the use of the vacation home will be deemed to be attributable to the grantor trust portion and thus will not be treated as a section 643(i) distribution to X. Under paragraph (d) of this section, X must comply with the reporting requirements of §1.6048-4 with respect to the use of the vacation home. Under §1.6048-4(b)(4), X is required to report the use of the vacation home on Part III of Form 3520 for Year 2 as a distribution from FT.
§1.643(i)-3 Consequences of section 643(i) distribution.
(a)
Amount treated as section 643(i) distribution
—(1)
Loan of cash
. Except as provided otherwise, in the case of a loan of cash treated as a section 643(i) distribution, the amount of the section 643(i) distribution is the issue price of the loan, as determined under §1.446-2(d)(1), §1.1273-2 or §1.1274-2 (whichever is applicable), as of the date (described in §1.643(i)-2(b)(6)) the loan is treated as a section 643(i) distribution.
(2)
Loan of marketable securities
. In the case of a loan of marketable securities treated as a section 643(i) distribution, the amount of the section 643(i) distribution is the fair market value of the securities as of the date the loan is treated as a section 643(i) distribution.
(3)
Uncompensated use of trust property
. In the case of the use of trust property treated as a section 643(i) distribution, the amount of the section 643(i) distribution is the fair market value of the use of the property less the amount of any payments made within a reasonable period (described in §1.643(i)-2(a)(2)) for the use of such property. The fair market value of the use of the property is based on all the facts and circumstances, including the type of property used and the period of use.
(b)
Allocation of section 643(i) distribution among multiple U.S. grantors and beneficiaries
. If a U.S. person who is not a U.S. grantor or beneficiary of a foreign trust but who is related to more than one U.S. grantor or beneficiary of the trust receives a loan of cash or marketable securities, or uses trust property, that is treated as a section 643(i) distribution, then each U.S. grantor and beneficiary who is related to the U.S. person receiving the loan or using trust property is treated as receiving an equal share of the section 643(i) distribution. For purposes of this allocation, the term U.S. beneficiary includes only those beneficiaries who must or may receive a current distribution from the foreign trust.
(c)
Tax consequences of a section 643(i) distribution
—(1)
In general
. A U.S. grantor or beneficiary who is treated as receiving a section 643(i) distribution must determine the tax consequences of the distribution under either the actual calculation method (as defined in §1.6048-4(d)(2)) or the default calculation method (as defined in §1.6048-4(d)(3)). A U.S. grantor or beneficiary may not use the actual calculation method to determine the tax consequences of a section 643(i) distribution in a tax year in which the U.S. grantor or beneficiary has not received a Foreign Nongrantor Trust Beneficiary Statement (see §1.6048-4(d)(2)) from the foreign trust before completing the U.S. grantor’s or beneficiary’s return, knows or has reason to know that the information in the Foreign Nongrantor Trust Beneficiary Statement is incorrect, or previously has used the default calculation method for the same trust. A U.S. grantor or beneficiary who previously has used the default calculation method must consistently use the default calculation method to determine the tax consequences of any subsequent distribution (within the meaning of §1.6048-4(b)) from the same trust in all future years, except in the year in which the trust terminates. See §1.6048-4(d)(3)(iii).
(2)
Consequences to foreign trust
—(i)
Treatment of amount under section 661(a)(2)
. In the case of a section 643(i) distribution, regardless of whether a U.S. grantor or beneficiary uses the default calculation method or the actual calculation method of computing the tax consequences of a distribution, the foreign trust must treat the section 643(i) distribution as an amount properly paid, credited, or required to be distributed by the trust as described in section 661(a)(2).
(ii)
Distribution of marketable securities
. If the section 643(i) distribution is of marketable securities, the trust will be deemed to have made an election to have section 643(e)(3) apply with respect to all section 643(i) distributions of marketable securities made by the trust during the taxable year, and any resulting capital gain is included in the trust’s distributable net income pursuant to section 643(a)(6)(C).
(iii)
Foreign Nongrantor Trust Beneficiary Statement
. The foreign trust may issue a Foreign Nongrantor Trust Beneficiary Statement (as described in §1.6048-4(c)(2)) to each U.S. person who receives a loan of cash or marketable securities, or uses trust property other than a loan of cash or marketable securities, during the taxable year of the trust, without regard to whether a U.S. person would be required to take the amount of the loan or use of trust property into account as a section 643(i) distribution. If a U.S. person to whom a statement is issued is not a U.S. grantor or beneficiary but is related to a U.S. grantor or beneficiary, the foreign trust may issue a duplicate statement to the U.S. grantor or beneficiary.
(3)
Consequences to U.S. grantor or beneficiary
—(i)
Actual calculation method
. If a U.S. grantor or beneficiary is eligible to use, and uses, the actual calculation method, the U.S. grantor or beneficiary must treat a section 643(i) distribution as an amount properly paid, credited, or required to be distributed by the trust as described in section 662(a)(2) using information about the foreign trust as provided in the Foreign Nongrantor Trust Beneficiary Statement and applying the rules of subparts C and D of part I of subchapter J of chapter 1 of the Internal Revenue Code.
(ii)
Default calculation method
. Under the default calculation method, a U.S. grantor or beneficiary must apply the rules provided in §1.6048-4(d)(3).
(d)
Subsequent transactions for loans or use of trust property
—(1)
In general
. Any subsequent transaction regarding the principal of any loan of cash or marketable securities treated as a section 643(i) distribution (including complete or partial repayment, satisfaction, cancellation, discharge, or otherwise, but not including the payment of interest) or the return of trust property the use of which was treated as a section 643(i) distribution has the consequences described in paragraphs (d)(2) and (3) of this section.
(2)
Consequences to foreign trust
. Any subsequent transaction regarding the principal of any loan of cash or marketable securities or the return of trust property treated as a section 643(i) distribution has no tax consequences to the trust. However, any payment to the trust other than the repayment of principal of any loan treated as a section 643(i) distribution, including the payment of interest, is treated as income to the trust.
(3)
Consequences to obligor
—(i)
In general
. Any subsequent transaction regarding the principal of any loan of cash or marketable securities or the return of trust property treated as a section 643(i) distribution is treated as a transfer that is not a gratuitous transfer by a U.S. person for purposes of §1.671-2(e)(2)(i) and chapter 1 of the Internal Revenue Code.
(ii)
Satisfaction of loan with property
. Any transfer of property to a foreign trust in satisfaction of any amount due under a loan of cash or marketable securities treated as a section 643(i) distribution causes the obligor to recognize as gain or loss the difference between the fair market value of the property transferred and the adjusted basis of such property in the hands of the obligor in accordance with the rules of section 1001 and the regulations under section 1001 in this part.
§1.643(i)-4 Examples.
(a)
Scope
. The examples in this section illustrate the rules of §§1.643(i)-1 through 1.643(i)-3.
(b)
Example 1: Loan to contingent remainder beneficiary treated as loan to U.S. beneficiary
. Y, a nonresident alien, created and funded a foreign nongrantor trust, FT, for the benefit of Y’s two children from Y’s first marriage, A and B, who are both nonresident aliens. FT’s governing trust instrument provides that, upon the death of the second to die of A and B, the trust may make a distribution to any of Y’s surviving children, in the discretion of the trustee. In Year 1, X, a U.S. person who is Y’s daughter from Y’s second marriage, receives a loan of $100,000 from FT in exchange for an obligation that is not a qualified obligation within the meaning of §1.643(i)-2(b)(2)(iii). Under §1.643(i)-1(d)(1), X is a U.S. beneficiary of FT because X is a U.S. person to whom, at some point before the termination of the trust, the trust income or corpus may be paid at the discretion of the trustee. Under §§1.643(i)-1(b)(1) and 1.643(i)-3(a)(1), X is treated as receiving a section 643(i) distribution from FT in the amount of $100,000. X must determine the tax consequences of the distribution under §1.643(i)-3(c). Under §1.6048-4(a), X is required to report the section 643(i) distribution on Part III of Form 3520 for Year 1 as a distribution from a foreign trust.
(c)
Example 2: Loan from foreign nongrantor trust to a foreign grantor trust treated as section 643(i) distribution to U.S. owner
. The facts are the same as in paragraph (b) of this section (
Example 1
), except that instead of a loan to X, in Year 1, FT makes a loan of $100,000 to GT, a foreign grantor trust treated as wholly owned by X, in exchange for an obligation that is not a qualified obligation within the meaning of §1.643(i)-2(b)(2)(iii). Under §1.643(i)-1(d)(1), X is a U.S. beneficiary of FT as explained in paragraph (b) of this section (
Example 1
). Under §§1.643(i)-1(b)(1) and 1.643(i)-3(a)(1), X, who is treated as the owner of GT, is treated as receiving a section 643(i) distribution from FT in the amount of $100,000. X must determine the tax consequences of the distribution under §1.643(i)-3(c). Under §1.6048-4(a), X is required to report the section 643(i) distribution on Part III of Form 3520 for Year 1 as a distribution from a foreign trust.
(d)
Example 3: Loan by a person related to a foreign nongrantor trust treated as a section 643(i) distribution
. X, a U.S. person, is a beneficiary of FT, a foreign nongrantor trust. FT owns 55% of the stock of FC, a foreign corporation that is not a controlled foreign corporation within the meaning of section 957 or a passive foreign investment company within the meaning of section 1297. FC is related to FT within the meaning of §1.643(i)-1(d)(9). On January 2, Year 1, FC lends cash to X in exchange for an obligation that is not a qualified obligation within the meaning of §1.643(i)-2(b)(2)(iii). Under §1.643(i)-1(b)(2)(iii), FC is treated as the agent of FT with respect to the loan, and under §1.643(i)-1(b)(1) and (2)(i), X is treated as receiving the loan from FT on January 2, Year 1. Nevertheless, under §1.643(i)-1(b)(2)(ii), the loan is not treated as a section 643(i) distribution if X satisfies the reporting requirements of §1.6048-4 and attaches a statement to X’s income tax return that demonstrates to the satisfaction of the Commissioner that the loan would have been made without regard to X’s relationship with FT. Otherwise, X is treated as receiving a section 643(i) distribution and must determine the tax consequences of the distribution under §1.643(i)-3(c). Regardless of whether X claims the exception described in §1.643(i)-1(b)(2)(ii), under §1.6048-4(a), X is required to report the loan on Part III of Form 3520 for Year 1 as a distribution from a foreign trust.
(e)
Example 4: Guaranteed loan by an unrelated person treated as a section 643(i) distribution
. X is a U.S. beneficiary of FT, a foreign nongrantor trust. On January 2, Year 1, X borrows $100,000 from Bank in exchange for an obligation that is not a qualified obligation within the meaning of §1.643(i)-2(b)(2)(iii), and FT provides a guarantee (within the meaning of §1.679-3(e)(4)) for the loan. Under §1.643(i)-1(b)(1) and (2)(i), X is treated as receiving a loan from FT on January 2, Year 1, in the amount of $100,000 because FT guaranteed the loan from Bank to X. On January 2, Year 1, X is treated as receiving a section 643(i) distribution. X must determine the tax consequences of the distribution under §1.643(i)-3(c). Under §1.6048-4(a), X is required to report the section 643(i) distribution on Part III of Form 3520 as a distribution from a foreign trust.
(f)
Example 5: Loan to a foreign person related to a U.S. beneficiary
. X is a U.S. beneficiary of FT, a foreign nongrantor trust. X is also the sole shareholder of CFC, a foreign corporation, treated as a controlled foreign corporation under section 957. On January 2, Year 1, FT lends $100,000 to CFC in exchange for an obligation that is not a qualified obligation within the meaning of §1.643(i)-2(b)(2)(iii). CFC is related to X within the meaning of §1.643(i)-1(d)(9). Under §1.643(i)-1(b)(1) and (2)(i), X is treated as receiving a loan from FT on January 2, Year 1, in the amount of $100,000 because FT made the loan to CFC, a foreign person related to X . Under §1.643(i)-1(b)(2)(ii), the loan is not treated as a section 643(i) distribution if X reports the loan consistent with the requirements of §1.6048-4 and attaches a statement to X’s income tax return that demonstrates to the satisfaction of the Commissioner that the loan from FT to CFC would have been made without regard to X’s relationship with FT. Otherwise, X is treated as receiving a section 643(i) distribution and must determine the tax consequences of the distribution under §1.643(i)-3(c). Regardless of whether X claims the limitation described in §1.643(i)-1(b)(2)(ii), under §1.6048-4(a), X is required to report the loan on Part III of Form 3520 for Year 1 as a distribution from a foreign trust.
(g)
Example 6: Loan to wholly owned corporation of U.S. beneficiary
. Y, a nonresident alien, created and funded a foreign nongrantor trust, FT, for the benefit of Y’s child, X, a U.S. person. X is a U.S. beneficiary within the meaning of §1.643(i)-1(d)(1). X wholly owns XYZ Corp, a domestic corporation. On July 1, Year 1, FT lends $100,000 to XYZ Corp in exchange for an obligation that is not a qualified obligation within the meaning of §1.643(i)-2(b)(2)(iii). Under §1.643(i)-1(d)(9) and (12), XYZ Corp is a U.S. person related to X. Under §1.643(i)-1(b)(1) and (2)(i) and §1.643(i)-3(a)(1), X is treated as receiving a section 643(i) distribution from FT in the amount of $100,000. X must determine the tax consequences of the distribution under §1.643(i)-3(c). Under §§1.6048-4(a), X and XYZ Corp are required to report the loan on Part III of Form 3520 for Year 1 as a distribution from a foreign trust.
(h)
Example 7: Subsequent transactions with respect to loan treated as a section 643(i) distribution
. The facts are the same as in paragraph (g) of this section (
Example 6
). In Year 1, XYZ Corp makes a payment to FT that it characterizes in part as a partial repayment of principal and in part as interest on its obligation to FT. Under §1.643(i)-3(d)(3)(i), the portion of the payment that is characterized as a repayment of principal will be treated as a transfer that is not a gratuitous transfer by a U.S. person for purposes of §1.671-2(e)(2)(i) and chapter 1 of the Internal Revenue Code. Under §1.643(i)-3(d)(2), the transfer of principal will have no tax consequences to FT. Furthermore, under §1.643(i)-3(d)(2), the portion of the payment that is characterized as interest by XYZ Corp will be treated as income to FT.
(i)
Example 8: Uncompensated use of trust property
. Y, a nonresident alien, created and funded a foreign nongrantor trust, FT, for the benefit of Y’s daughter, A, a U.S. person. A is a U.S. beneficiary of FT within the meaning of §1.643(i)-1(d)(1). FT owns real property that could be rented to an unrelated person at fair market value for $10,000 a month. During all of Year 1, A lives in the property rent-free. Under §§1.643(i)-1(c) and §1.643(i)-3(a)(3), A is treated as receiving a section 643(i) distribution from FT in Year 1 in the amount of $120,000 (12 x $10,000). A must determine the tax consequences of the distribution under §1.643(i)-3(c). Under §1.6048-4(a), A must report the section 643(i) distribution on Part III of Form 3520 for Year 1 as a distribution from FT.
(j)
Example 9: Partially compensated use of trust property
. The facts are the same as in paragraph (i) of this section (
Example 8
) except that A pays FT $2,000 on the first of each month for the use of the property even though the fair market value is $10,000. Under §§1.643(i)-1(c), 1.643(i)-2(a)(2), and 1.643(i)-3(a)(3), A is treated as receiving a section 643(i) distribution in Year 1 from FT in the amount of $96,000 (12 x ($10,000 - $2,000)). A must determine the tax consequences of the distribution under §1.643(i)-3(c). Under §§1.6048-4(a), A must report the entire fair market value of $120,000 on Part III of Form 3520 for Year 1 as a distribution from FT even through only a portion of the fair market value is treated as a section 643(i) distribution due to partial compensation.
(k)
Example 10: Uncompensated use of trust property treated as distribution from accumulated income
. On January 1, Year 1, Y, a nonresident alien, creates and funds a foreign nongrantor trust, FT, for the benefit of Y’s son, X, a U.S. person. X is a U.S. beneficiary of FT within the meaning of §1.643(i)-1(d)(1). FT has $60,000 of distributable net income (DNI), as defined under section 643(a), in Year 1, $80,000 of DNI in Year 2, and $90,000 of DNI in Year 3. FT has never made any distributions. FT owns real property that could be rented to an unrelated person for $10,000 a month. During all of Year 3, X occupies the property rent free. Under §1.643(i)-1(c) and §1.643(i)-3(a)(3), X is treated as receiving a section 643(i) distribution from FT in Year 3 in the amount of $120,000, the fair market value use of the trust property (12 x $10,000). Under §1.6048-4(a), X must report the section 643(i) distribution on Part III of Form 3520 for Year 3 as a distribution from FT. X receives a Foreign Nongrantor Trust Beneficiary Statement from FT and uses the actual calculation method under §1.643(i)-3(c)(3)(i) to determine the tax consequences of the section 643(i) distribution. The $120,000 is treated as an amount properly paid, credited, or required to be distributed by the trust as described in section 662(a)(2). As a result of X’s uncompensated use of FT’s property, X’s section 643(i) distribution consists of a distribution of DNI of $90,000 (FT’s DNI in Year 3) and an accumulation distribution of $30,000 under subpart D of subchapter J of chapter 1 of the Internal Revenue Code.
(l)
Example 11: Use of property of partial grantor trust not treated as section 643(i) distribution
. X and Y are married. X is a U.S. person and Y is a nonresident alien. X and Y have three children, A, B, and C. A and B are both nonresident aliens. C is a U.S. person. In Year 1, X and Y created a foreign trust, FT, for the benefit of A and B to which X contributed a vacation home and Y contributed cash and securities. Neither X nor Y retained any powers described in sections 673 through 677. In Year 2, C lived in the vacation home rent free. Although C is not a beneficiary of FT under the terms of the trust, under §1.679-2(a)(5), C’s uncompensated use of the vacation home causes FT to be treated as having a U.S. beneficiary. Thus, under §1.679-1(a), X will be treated as the owner of the portion of FT attributable to the vacation home. Under §1.643(i)-2(c)(2), C’s use of the vacation home will be treated as the use of property from the grantor trust portion of FT. C will not be treated as receiving a section 643(i) distribution. Under §§1.6048-4(a), C must report the use of the vacation home on Part III of Form 3520 for Year 2 as a distribution from FT.
(m)
Example 12: Use of trust property by exempt entity not treated as section 643(i) distribution
. In Year 1, X, a nonresident alien, creates a foreign nongrantor trust, FT, and funds the trust with cash and a valuable painting. In Year 1, pursuant to the terms of the trust instrument, FT lends the painting to E, a U.S. organization described in section 501(c)(3) with a valid determination letter from the Commissioner. E exhibits the painting and does not reimburse FT for the use of the painting. E is not a U.S. person within the meaning of §1.643(i)-1(d)(12) because E is an entity that is exempt from tax under chapter 1 of the Internal Revenue Code. Accordingly, E’s use of the painting is not a section 643(i) distribution under §1.643(i)-1(c). E’s use of the painting, however, is a distribution within the meaning of §1.6048-4(b). Nevertheless, under §1.6048-5(d), E is not required to report the use of the painting on Part III of Form 3520 because E is a section 501(c)(3) entity that has received a determination letter from the Commissioner that recognizes that E is exempt from Federal income tax under section 501(a) as an organization described in section 501(c)(3), and the determination letter has not been revoked.
§1.643(i)-5 Applicability date.
The rules of §§1.643(i)-1 through 1.643(i)-4 apply to loans of cash or marketable securities made from, and to the use of any other property of, a foreign trust after the [date of publication of the final regulations in the
Federal Register
].
Par. 3. Section 1.679-0 is amended by:
a. Revising entry for §1.679-1(c)(2).
b. Adding new entry for §1.679-2(a)(5).
c. Redesignating the entry for §1.679-2(b)(3) as the entry for §1.679-2(b)(4).
d. Adding new entry for §1.679-2(b)(3).
e. Adding new entries for §1.679-2(b)(4)(i) through (vi).
f. Adding new entry for §1.679-2(d).
g. Revising the entries for §1.679-4(d)(1) through (6).
h. Removing the entry for §1.679-4(d)(7).
i. Revising the entry for §1.679-7.
The revisions and additions read as follows:
§1.679-0 Outline of major topics.
* * * * *
§1.679-1 U.S. transferor treated as owner of foreign trust.
(c) * * *
(2) U.S. person.
(i) In general.
(ii) Special rules.
(A) Dual resident taxpayers.
(B) Dual status taxpayers.
* * * * *
(6) Obligation.
§1.679-2 Trusts treated as having a U.S. beneficiary.
(a) * * *
(5) Loan or uncompensated use of trust property treated as paid or accumulated for the benefit of a U.S. person.
(i) In general.
(ii) Indirect loans.
(iii) Exceptions.
(iv) Safe harbors.
(A) Reasonable period.
(B) De minimis use.
(v) Interaction with section 643(i).
(vi) Examples.
(A) Example 1: Loan of cash to U.S. person.
(B) Example 2: Use of trust property by U.S. person.
(C) Example 3: Use of trust property by church.
(D) Example 4: Indirect loan of cash to a U.S. person.
(E) Example 5: Interaction with section 643(i) and with section 6048(c) information reporting.
* * * * *
(b) * * *
(3) Loans to, or uncompensated use of trust property by, indirect beneficiaries.
(4) * * *
(i) Example 1. Trust benefiting foreign corporation.
(ii) Example 2. Trust benefiting another trust.
(iii) Example 3. Trust benefiting another trust after transferor’s death.
(iv) Example 4. Indirect benefit through use of debit card.
(v) Example 5. Other indirect benefit.
(vi) Example 6. Indirect benefit through an indirect loan.
* * * * *
(d) Presumption that foreign trust has U.S. beneficiary.
(1) In general.
(2) Authority of Commissioner to request information.
§1.679-4 Exceptions to general rule.
* * * * *
(d) * * *
(1) In general.
(i) Requirements of the obligation.
(ii) Additional requirements to remain a qualified obligation.
(2) Modification of a qualified obligation.
(3) Additional loans.
(4) Anti-abuse rule.
(5) Obligations that cease to be qualified.
(i) In general.
(ii) Amount transferred to the trust.
(iii) Timing of transfers resulting from failed qualified obligations.
(6) Examples.
(i) Example 1: Demand loan.
(ii) Example 2: Private annuity.
(iii) Example 3: Transfer to unrelated foreign trust in exchange for an obligation.
(iv) Example 4: Transfer for an obligation with term in excess of 5 years.
(v) Example 5: Transfer for a qualified obligation.
(vi) Example 6: Effect of modification treated as an exchange.
(vii) Example 7: Effect of subsequent obligation on original obligation.
* * * * *
§1.679-7 Applicability dates.
* * * * *
Par. 4. Section 1.679-1 is amended by revising paragraphs (c)(2) and (c)(6) to read as follows:
§1.679-1 U.S. transferor treated as owner of foreign trust.
* * * * *
(c) * * *
(2)
U.S. person
—(i)
In general
. Subject to paragraph (c)(2)(ii) of this section, the term
U.S. person
means a United States person as defined in section 7701(a)(30).
(ii)
Special rules
—(A)
Dual resident taxpayers
. If a dual resident taxpayer (within the meaning of §301.7701(b)-7(a)(1) of this chapter) computes U.S. income tax liability as a nonresident alien on the last day of the taxable year and complies with the filing requirements of §301.7701(b)-7(b) and (c) of this chapter, the dual resident taxpayer will not be treated as a U.S. person for purposes of section 679 with respect to the portion of the taxable year the dual resident taxpayer was treated as a nonresident alien for purposes of computing U.S. income tax liability.
(B)
Dual status taxpayers
. If a taxpayer abandons U.S. citizenship or residence during the tax year or acquires U.S. citizenship or residence during the taxable year as provided in §1.6012-1(b)(2)(ii), the taxpayer will not be treated as a U.S. person with respect to the portion of the taxable year the taxpayer was treated as a nonresident alien for purposes of computing U.S. income tax liability.
* * * * *
(6)
Obligation
. The term
obligation
means any instrument or contractual arrangement that constitutes indebtedness under general principles of Federal income tax law (for example, a bond, note, debenture, certificate, bill receivable, account receivable, note receivable, open account, or other evidence of indebtedness), and an annuity contract that would not otherwise be classified as indebtedness under general principles of Federal income tax law.
* * * * *
Par. 5. Section 1.679-2 is amended by:
a. Adding paragraph (a)(5).
b. Redesignating paragraph (b)(3) as paragraph (b)(4).
c. Adding new paragraph (b)(3).
d. In newly redesignated paragraph (b)(4), designating Examples 1 through 5 as paragraphs (b)(4)(i) through (v).
e. Adding paragraph (b)(4)(vi).
f. Adding paragraph (d).
The revisions and additions read as follows:
§1.679-2 Trusts treated as having a U.S. beneficiary.
(a) * * *
(5)
Loan or uncompensated use of trust property treated as paid or accumulated for the benefit of a U.S. person
—(i)
In general
. Except as provided in paragraph (a)(5)(iii) of this section, any direct or indirect loan of cash or marketable securities from a foreign trust or portion of a foreign trust (whether from trust corpus or income) as described in paragraph (a)(5)(ii) to, or the direct or indirect use of any other property of a foreign trust or portion of a foreign trust by, any U.S. person (whether or not a beneficiary under the terms of the trust) is treated as causing trust income or corpus to be paid or accumulated for the benefit of a U.S. person for purposes of paragraph (a)(1) of this section. For these purposes, a loan from a foreign trust to, or the use of property of a foreign trust by, a grantor trust (as defined in §1.643(i)-1(d)(5)) or a disregarded entity (as defined in §1.643(i)-1(d)(3)) is treated as a loan to or use by the owner of the grantor trust or of the disregarded entity, respectively. For example, a loan to a single member LLC treated as a disregarded entity is treated as a loan to the owner of the LLC.
(ii)
Indirect loans
. For purposes of paragraph (a)(5)(i) of this section, an indirect loan of cash or marketable securities from a foreign trust or portion of a foreign trust includes:
(A) Loans of cash or marketable securities made by any person to a U.S. person, if the foreign trust provides a guarantee (within the meaning of §1.679-3(e)(4)) for the loan; and
(B) Loans of cash or marketable securities made from a foreign trust to a U.S. person through an intermediary, such as an agent or nominee of the foreign trust, or from a person related (within the meaning of §1.643(i)-1(d)(9)) to the foreign trust.
(iii)
Exceptions
. Paragraph (a)(5)(i) of this section does not apply if—
(A) The U.S. person who receives the loan of cash or marketable securities, or who uses trust property, is an entity described in section 501(c)(3),
(B) The loan of cash received by the U.S. person is in exchange for a qualified obligation within the meaning of §1.643(i)-2(b)(2)(iii) (but without regard to §1.643(i)-2(b)(2)(iii)(B)(
) and (
)), or
(C) The U.S. person who uses trust property, other than a loan of cash or marketable securities, pays the trust the fair market value of the use of such property within a reasonable period from the date of the start of the use of the property. A determination as to the fair market value of the use of such property and as to whether a fair market value payment is made within a reasonable period will be based on all the facts and circumstances, including the type of property used and the period of use. In appropriate cases, such as rental of real property, payments may be made on a periodic basis, if doing so would be consistent with arm’s-length dealings between unrelated parties.
(iv)
Safe harbors
. The following safe harbors apply for purposes of paragraph (a)(5)(iii)(C) of this section.
(A)
Reasonable period
. A payment is made within a reasonable period if the payment is made or periodic payments commence within 60 days of the start of the use of trust property.
(B)
De minimis use
. Use of trust property will be disregarded if the aggregate use by all U.S. persons (within the meaning of §1.679-1(c)(2)) does not exceed 14 days during the calendar year.
(v)
Interaction with section 643(i)
. If a foreign trust or a portion of a foreign trust is treated as having a U.S. beneficiary pursuant to the rules of this paragraph (a)(5) and a U.S. transferor is thus treated as the owner of the foreign trust or a portion of the foreign trust under section 679, section 643(i) does not apply to the trust or portion of the trust of which the U.S. transferor is treated as the owner.
(vi)
Examples
. The following examples illustrate the rules of paragraph (a)(5) of this section. In these examples, X, Y, and E are U.S. persons (within the meaning of §1.679-1(c)(2)), and FT is a foreign trust. In addition, FT’s trust instrument provides that no U.S. person can benefit either as to income or corpus of FT.
(A)
Example 1: Loan of cash to U.S. person
. In Year 1, X transfers cash and real property to FT. X is not treated as the owner of any portion of FT under sections 673 through 679. In Year 2, Y receives a loan of cash from FT that is not in exchange for a qualified obligation within the meaning of §1.643(i)-2(b)(2)(iii) and thus does not qualify for the exception under paragraph (a)(5)(iii)(B) of this section. Y is not an entity described in section 501(c)(3) and thus does not qualify for the exception under paragraph (a)(5)(iii)(A) of this section. Under paragraph (a)(5) of this section, the loan is treated as paid or accumulated for the benefit of a U.S. person for purposes of paragraph (a)(1) of this section, and under §1.679-1(a), X is treated as the owner of FT. Under paragraph (c)(1) of this section, FT is treated as acquiring a U.S. beneficiary in Year 2.
(B)
Example 2: Use of trust property by U.S. person
. The facts are the same as in paragraph (a)(5)(vi)(A) of this section (
Example 1
) except that, instead of receiving a loan of cash in Year 2, Y occupies real property owned by FT in exchange for monthly payments of $2,000. FT could rent the property to an unrelated party at fair market value for $10,000 a month. Under paragraph (a)(5) of this section, Y’s use of FT’s property is treated as paid or accumulated for the benefit of a U.S. person for purposes of paragraph (a)(1) of this section because Y has not paid fair market value for the use of the real property. Under §1.679-1(a), X is treated as the owner of FT. Under paragraph (c)(1) of this section, FT is treated as acquiring a U.S. beneficiary in Year 2.
(C)
Example 3: Use of trust property by church
. In Year 1, X transfers cash and a valuable painting to FT. X is not treated as the owner of any portion of FT under sections 673 through 679. In Year 2, FT lends the painting to E, a U.S. church described in section 501(c)(3). E’s use of the painting is not treated as paid or accumulated for the benefit of a U.S. person for purposes of paragraph (a)(1) of this section because the exception in paragraph (a)(5)(iii)(A) of this section applies, and thus FT is not treated as having a U.S. beneficiary in Year 2.
(D)
Example 4: Indirect loan of cash to a U.S. person
. In Year 1, X transfers property to FT. In Year 2, Y borrows $100,000 from Bank in exchange for an obligation that is not a qualified obligation within the meaning of §1.643(i)-2(b)(2)(iii) and thus does not qualify for the exception under paragraph (a)(5)(iii)(B) of this section. FT provides a guarantee (within the meaning of §1.679-3(e)(4)) for the loan. Under paragraph (a)(5)(ii)(A) of this section, Y is treated as receiving a loan from FT because FT guaranteed the loan from Bank to Y. Under paragraph (a)(5) of this section, the loan is treated as paid or accumulated for the benefit of a U.S. person for purposes of paragraph (a)(1) of this section. Under §1.679-1(a), X is treated as the owner of FT. Under paragraph (c)(1) of this section, FT is treated as acquiring a U.S. beneficiary in Year 2.
(E)
Example 5: Interaction of grantor trust rules with section 643(i) and with section 6048(c) information reporting
. In Year 1, X created and funded a foreign nongrantor trust, FT. During Year 1 and Year 2, FT accumulates income in the amount of $110,000. Before Year 3, neither X nor any other person is treated as owning FT under the rules of sections 673 through 679. In Year 3, Y receives a loan of $100,000 cash from FT that is not in exchange for a qualified obligation within the meaning of §1.643(i)-2(b)(2)(iii) and thus does not qualify for the exception under paragraph (a)(5)(iii)(B) of this section. Under paragraph (a)(5) of this section, the loan to Y is treated as paid for the benefit of a U.S. person for purposes of paragraph (a)(1) of this section. Under §1.679-1(a), X is now treated as the owner of FT. Under paragraph (a)(5)(v) of this section, section 643(i) does not apply to the loan from FT to Y. Under paragraph (c)(1) of this section, FT is treated as acquiring a U.S. beneficiary in Year 3. Pursuant to §1.6048-4(b)(3), Y is treated as receiving a distribution from FT and must comply with the reporting requirements in §1.6048-4 with respect to the loan.
(b) * * *
(3)
Loans to, or uncompensated use of trust property by, indirect beneficiaries
. For purposes of paragraphs (a)(1) and (a)(5) of this section, a loan of cash or marketable securities or the use of trust property shall be treated as paid or accumulated for the benefit of a U.S. person if—
(i) The loan is made to, or the trust property is used by, a foreign entity described in paragraph (b)(1) of this section; or
(ii) The loan is made through, or the use of trust property is made available to, an intermediary described in paragraph (b)(2) of this section, or such loan or use of trust property is made by any other means where a U.S. person may obtain an actual or constructive benefit.
(4) * * *
(vi)
Example 6. Indirect benefit through an indirect loan
. A, a U.S. person, transfers property to FT. The trust instrument provides that no U.S. person can benefit either as to income or corpus. However, FT maintains an account with FB, a foreign bank, and FB issues a loan to B, a U.S. person, against the account maintained by FT. Under paragraphs (a)(1), (a)(5), and (b)(3) of this section, FT is treated as having a U.S. beneficiary.
* * * * *
(d)
Presumption that foreign trust has U.S. beneficiary
—(1)
In general
. If a U.S. person directly or indirectly transfers property to a foreign trust other than a trust described in §1.679-4(a)(2) or (3), the Commissioner may treat the trust as having a U.S. beneficiary for purposes of §1.679-1(a), unless the U.S. person—
(i) Satisfies the reporting requirements of §1.6048-2 with respect to the transfer; and
(ii) Includes an explanatory statement attached to the U.S. person’s Federal income tax return that demonstrates to the satisfaction of the Commissioner that the trust satisfies the requirements of paragraph (a)(1) of this section immediately after the transfer.
(2)
Authority of Commissioner to request information
. The Commissioner may request information related to the trust described in paragraph (d)(1) of this section and its potential beneficiaries to determine whether the trust satisfies the requirements of paragraph (a)(1) of this section. Unless such additional information is provided upon the Commissioner’s written notice and request to the U.S. person, the trust will be deemed to have a U.S. beneficiary. The U.S. person will have 60 days (90 days if the notice is addressed to a person outside the United States) to respond to the notice and request.
Par. 6. Section 1.679-4 is amended by revising paragraph (d) to read as follows:
§1.679-4 Exceptions to general rule.
* * * * *
(d)
Qualified obligations
—(1)
In general
—(i)
Requirements of the obligation
. For purposes of this section, an obligation is treated as a qualified obligation only if the obligation at all times satisfies all of the following requirements—
(A) The obligation is reduced to writing in an express written agreement;
(B) The term of the obligation does not exceed five years. For purposes of determining the term of an obligation, the obligation’s maturity date is the last possible date that the obligation can be outstanding under the terms of the obligation;
(C) All payments on the obligation must be made in cash in U.S. dollars;
(D) The obligation is issued at par and provides for stated interest at a fixed rate or a qualified floating rate within the meaning of §1.1275-5(b);
(E) The yield to maturity of the obligation is not less than 100 percent of the applicable Federal rate and not greater than 130 percent of the applicable Federal rate. The applicable Federal rate for an obligation is the applicable Federal rate in effect under section 1274(d) for the day on which the obligation is issued, as published in the Internal Revenue Bulletin (see §601.601(d)(2) of this chapter). The yield to maturity and the applicable Federal rate must be based on the same compounding period. If an obligation is a variable rate debt instrument that provides for stated interest at a qualified floating rate, the equivalent fixed rate debt instrument rules in §1.1274-2(f)(1) or §1.1275-5(e), whichever is applicable, apply to determine the obligation’s yield to maturity; and
(F) All stated interest on the obligation is qualified stated interest within the meaning of §1.1273-1(c).
(ii)
Additional requirements to remain a qualified obligation
. An obligation will remain a qualified obligation only if, for the first year and each succeeding year that the obligation remains outstanding, the trust timely makes all payments of principal and interest on the obligation according to the terms of the obligation (which may include a reasonable grace period of no more than thirty days for a late payment) and the U.S. transferor fulfills the requirements of this paragraph (d)(1)(ii):
(A) The U.S. transferor timely extends the period for assessment of any income tax attributable to the obligation and any consequent income tax changes for each year that the obligation is outstanding to a date not earlier than three years after the maturity date of the obligation. This extension of the period for assessment is not necessary with respect to the taxable year of the U.S. transferor in which the maturity date of the obligation falls, provided that the obligation is paid in cash in U.S. dollars within that year. The period of assessment is extended by completing and filing Part I of Form 3520, Annual Return to Report Transactions with Foreign Trusts and Receipt of Certain Foreign Gifts, for every year that the obligation is outstanding. Part I of Form 3520 also may contain such other terms with respect to assessment as may be considered necessary by the Commissioner to ensure the assessment and collection of the correct tax liability for each year for which the extension of the period of assessment is required. When Part I of Form 3520 is properly executed and filed, the consent to extend the period for assessment of tax will be deemed to be agreed upon and executed by the Commissioner for purposes of §301.6501(c)-1(d); and
(B) The U.S. transferor timely reports the status of the obligation, including principal and interest payments, on Part I of Form 3520 for each year that the obligation is outstanding.
(2)
Modification of a qualified obligation
. If the terms of a qualified obligation are modified and the modification is treated as an exchange under §1.1001-3, the new obligation that is deemed issued in the exchange under §1.1001-3 must satisfy all the requirements in paragraph (d)(1) of this section to be a qualified obligation using the original obligation’s issue date. If the modification is not treated as an exchange under §1.1001-3, then the obligation must be retested as of the date of the modification to determine whether the obligation, as modified, continues to satisfy the requirements in paragraph (d)(1) of this section to be a qualified obligation.
(3)
Additional loans
. If a qualified obligation is outstanding and the U.S. transferor directly or indirectly obtains an additional obligation issued by the foreign trust in exchange for cash, or if the U.S. transferor directly or indirectly obtains an additional obligation issued by a person related to the trust, the outstanding obligation is deemed to have the maturity date of the additional obligation in determining whether the outstanding obligation exceeds the specified five-year term. The outstanding obligation must be retested as of the issue date of the additional obligation to determine whether it would have satisfied, as of the outstanding obligation’s issue date, all the requirements in paragraph (d)(1) of this section to be a qualified obligation. If there is more than one qualified obligation outstanding, the determination is made based on the outstanding obligation with the earliest issue date. The additional obligation also must be separately tested to see if it satisfies the requirements of (d)(1) of this section to be a qualified obligation.
(4)
Anti-abuse rule
. Notwithstanding paragraphs (2) and (3) of this section, if the Commissioner determines, based on all the facts and circumstances, that two or more obligations issued by a foreign trust or a person related to the trust are structured with a principal purpose to avoid the application of section 679, the Commissioner may treat the obligations as a single obligation that is not a qualified obligation.
(5)
Obligations that cease to be qualified
—(i)
In general
. If an obligation ceases to be a qualified obligation (for example, because an obligation is modified so that the term exceeds 5 years), the U.S. transferor is treated as making a transfer to the foreign trust.
(ii)
Amount transferred to the trust
. The amount that the U.S. transferor is treated as having transferred to the trust will be equal to the obligation’s outstanding stated principal amount plus any accrued but unpaid qualified stated interest (within the meaning of §1.1273-1(c)) as of the date of the event that causes the obligation to no longer be a qualified obligation. In the case of an obligation that ceases to be a qualified obligation because the Commissioner treats two or more obligations as a single obligation pursuant to paragraph (d)(4) of this section, the U.S. transferor is treated as making a transfer to the trust in an amount not to exceed the sum of the outstanding stated principal amount of the obligations plus any accrued but unpaid qualified stated interest for each of the obligations as of the date determined by the Commissioner under paragraph (d)(5)(iii) of this section.
(iii)
Timing of transfers resulting from failed qualified obligations
. In general, a U.S. transferor is treated as making a transfer to the foreign trust on the date of the event that causes an obligation to no longer be a qualified obligation. However, based on all of the facts and circumstances, if an obligation (or obligations) is structured with a principal purpose to avoid the application of section 679, the Commissioner may deem a transfer to have occurred on any date on or after the issue date of the obligation(s).
(6)
Examples
. The following example illustrates the rules of this paragraph (d). In these examples, A and B are U.S. residents and FT is a foreign trust.
(i)
Example 1: Demand loan.
A is a related person (as defined in §1.679-1(c)(5)) with respect to FT
A transfers $50,000 to FT in exchange for a demand note that permits A to require repayment by FT at any time. Because FT
’s
obligation to A could remain outstanding for more than five years, the obligation is not a qualified obligation within the meaning of paragraph (d)(1) of this section and, pursuant to paragraph (c) of this section, it is not taken into account for purposes of determining whether A’s transfer is eligible for the fair market value exception of paragraph (a)(4) of this section. Accordingly, §1.679-1 applies to treat A as the owner of the portion of FT attributable to the full $50,000 transfer to FT
(ii)
Example 2: Private annuity.
A is a related person (as defined in §1.679-1(c)(5)) with respect to FT
A transfers $40,000 to FT in exchange for an annuity from FT that will pay A $100x per year for the rest of A’s life. Because FT’s obligation to A could remain outstanding for more than five years, the obligation is not a qualified obligation within the meaning of paragraph (d)(1) of this section and, pursuant to paragraph (c) of this section, it is not taken into account for purposes of determining whether A’s transfer is eligible for the fair market value exception of paragraph (a)(4) of this section. Accordingly, §1.679-1 applies to treat A as the owner of the portion of FT attributable to the full $40,000 transfer to FT
(iii)
Example 3: Transfer to unrelated foreign trust in exchange for an obligation.
B is not a related person (as defined in §1.679-1(c)(5)) with respect to FT
B transfers $10,000 to FT in exchange for an obligation of the trust. The term of the obligation is fifteen years. Because B is not a related person with respect to FT, paragraph (c) of this section does not apply. The fair market value of the obligation received by B is taken into account for purposes of the fair market value exception of paragraph (a)(4) of this section even though the obligation is not a qualified obligation within the meaning of paragraph (d)(1) of this section.
(iv)
Example 4: Transfer for an obligation with term in excess of 5 years
. A is a related person (as defined in §1.679-1(c)(5)) with respect to FT. A transfers property that has a fair market value of $50,000 to FT in exchange for an obligation of FT. The term of the obligation is ten years. Because the term of the obligation exceeds five years, the obligation is not a qualified obligation within the meaning of paragraph (d)(1) of this section, and pursuant to paragraph (c) of this section, it is not taken into account for purposes of determining whether A’s transfer is eligible for the fair market value exception of paragraph (a)(4) of this section. Accordingly, §1.679-1 applies to treat A as the owner of the portion of FT attributable to the full $50,000 transfer to FT.
(v)
Example 5: Transfer for a qualified obligation.
The facts are the same as in paragraph (d)(6)(iv) of this section (
Example 4
except that the term of the obligation is three years. Assuming the other requirements of paragraph (d)(1) of this section are satisfied, the obligation is a qualified obligation, and its stated principal amount is taken into account for purposes of determining whether A’s transfer is eligible for the fair market value exception of paragraph (a)(4) of this section.
(vi)
Example 6: Effect of modification treated as an exchange.
A is a related person (as defined in §1.679-1(c)(5)) with respect to FT
A transfers property that has a fair market value of $10,000 to FT in exchange for an obligation with a term of four years that satisfies the requirements of paragraph (d)(1) of this section. Two years later, a significant modification of the obligation within the meaning of §1.1001-3, including an extension of the obligation by an additional term of three years, occurs, and the modification is treated as an exchange under §1.1001-3. The new obligation that is deemed issued in the exchange under §1.1001-3 must satisfy the requirements of paragraph (d)(1) of this section to be a qualified obligation as of the original obligation’s issue date. Because the new obligation would not satisfy the five-year requirement of paragraph (d)(1), the obligation ceases to be treated as a qualified obligation.
(vii)
Example 7: Effect of subsequent obligation on original obligation
. A is a related person (as defined in §1.679-1(c)(5)) with respect to FT. On January 1, Year 1, A transfers $100,000 to FT in exchange for Obligation 1 from FT, an obligation with a maturity date of January 1, Year 6, that satisfies the requirements of paragraph (d)(1) of this section. On June 30, Year 1, A transfers an additional $50,000 to FT in exchange for Obligation 2, an obligation with a maturity date of June 30, Year 6, that independently satisfies the requirements of paragraph (d)(1) of this section. Under paragraph (d)(3) of this section, Obligation 1 will be deemed to have a maturity date of June 30, Year 6 (i.e., a greater than five-year term) and will cease to be a qualified obligation under paragraph (d)(1) of this section. Pursuant to paragraph (c) of this section, because Obligation 1 is not a qualified obligation, it is not taken into account for purposes of determining whether A’s transfer of $100,000 is eligible for the fair market value exception of paragraph (a)(4) of this section. Accordingly, §1.679-1 applies to treat A as the owner of the portion of FT attributable to the $100,000 transferred to FT. Obligation 2 is separately tested to determine whether it satisfies the qualified obligation rules of paragraph (d)(1) of this section and to the extent it does, A is treated as eligible for the fair market value exception of paragraph (a)(4) of this section and is not treated as the owner of the portion of FT attributable to the $50,000 transferred to FT.
Par. 7. Section 1.679-7 is amended by:
a. Revising the section heading.
b. Adding paragraphs (b)(4) through (b)(7).
The revision and additions read as follows:
§1.679-7 Applicability dates.
* * * * *
(b) * * *
(4) The amendments to §§1.679-1(c)(2) and 1.679-1(c)(6) apply for taxable years beginning after the [date of publication of the final regulations in the
Federal Register
].
(5) The rules of §1.679-2(a)(5) apply to loans and the use of trust property after the [date of publication of the final regulations in the
Federal Register
].
(6) The rules of §1.679-2(d) apply to transfers of property after the [date of publication of the final regulations in the
Federal Register
].
(7) Section 1.679-4(d) applies to obligations issued or modified after the [date of publication of the final regulations in the
Federal Register
]. If an obligation issued on or before the [date of publication of the final regulations in the
Federal Register
] is modified after that date, and the modification is a significant modification under §1.1001-3, the new obligation that is deemed issued in the exchange is treated as issued after the [date of publication of the final regulations in the
Federal Register
]. If the modification is not a significant modification under §1.1001-3, then the original obligation must be retested as of the date of the modification to determine whether the obligation, as modified, satisfies the requirements in paragraph (d)(1), as amended, to be a qualified obligation.
Par. 8. Section 1.6039F-1 is added to read as follows:
§1.6039F-1 U.S. recipients of foreign gifts.
(a)
Reporting of foreign gifts
—(1)
In general
. Except as provided in paragraph (c) of this section, and subject to paragraph (a)(2) and (3) of this section, each U.S. person (within the meaning of section 7701(a)(30)) who receives a foreign gift (within the meaning of paragraph (b) of this section) during a taxable year must report such gift (including the additional information required under paragraph (c) of this section if, after applying the aggregation rules, the foreign gift exceeds certain reporting thresholds) on Part IV of Form 3520, Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts, by the fifteenth day of the fourth month after the close of the U.S. person’s taxable year. In the case of a U.S. person who has been granted an extension of time to file the U.S. person’s income tax return pursuant to section 6081, an extension of time for filing Form 3520 is granted to the fifteenth day of the tenth month following the close of the U.S. person’s taxable year. No further extension of time to file Form 3520 is allowed. For special rules concerning the treatment of dual resident taxpayers (within the meaning of §301.7701(b)-7(a)(1) of this chapter) and dual status taxpayers (described in §1.6012-1(b)(2)(ii)) as U.S. persons for purposes of this section, see paragraph (f) of this section.
(2)
Reporting by U.S. citizens and residents residing abroad
. In the case of a U.S. person who is an individual and who qualifies for an automatic extension to file their income tax return under section 6081 and §1.6081-5(a)(5) because the U.S. person resides outside of the United States and Puerto Rico and the U.S. person’s main place of business or post of duty is outside of the United States and Puerto Rico, the U.S. person must report the foreign gifts received by the U.S. person during the taxable year on Part IV of Form 3520 by the fifteenth day of the sixth month after the close of the U.S. person’s taxable year. If the U.S. person has been granted an extension of time to file the U.S. person’s income tax return pursuant to section 6081, an extension of time for filing Form 3520 is granted to the fifteenth day of the tenth month following the close of the U.S. person’s taxable year. No additional extension of time to file Form 3520 is allowed.
(3)
Reporting for deceased U.S. persons
. In the case of a deceased U.S. person, the executor (within the meaning of section 2203) of the U.S. person’s estate must report the foreign gifts received by the U.S. person during the U.S. person’s final taxable year on Part IV of Form 3520 by the fifteenth day of the fourth month following the close of the 12-month period which began with the first day of the U.S. person’s final taxable year. If the executor of the U.S. person’s estate has been granted an extension of time to file the U.S. person’s final income tax return pursuant to section 6081, an extension of time for filing Form 3520 is granted to the fifteenth day of the tenth month following the close of the 12-month period which began with the first day of the U.S. person’s final taxable year. No additional extension of time to file Form 3520 is allowed.
(b)
Definition of foreign gift
—(1)
In general
. The term
foreign gift
means any amount received from a non-U.S. person that the recipient (including a spouse) treats as a gift, bequest, devise, or inheritance for income tax purposes, but does not include any qualified transfer within the meaning of section 2503(e)(2) (relating to certain transfers for educational or medical expenses) or any transfer that is treated as a distribution (within the meaning of §1.6048-4(b)) from a foreign trust and that is reported on a return under §1.6048-4. A U.S. person who receives a transfer from a foreign trust must treat that transfer as a distribution from the trust that is reportable under §1.6048-4, rather than as a foreign gift that is reportable under paragraph (a) of this section, even if the U.S. person treats the transfer as a gift for another purpose (such as computing the person’s Federal income tax liability). For example, although a covered gift or bequest described in section 2801(e) is a foreign gift, a U.S. person who receives a covered gift or bequest from a foreign trust must report the covered gift or bequest as a distribution (within the meaning of §1.6048-4(b)) under §1.6048-4.
(2)
Anti-avoidance rule
. The term foreign gift includes any amount received by a U.S. person from a non-U.S. person that meets all of the following requirements—
(i) Based on all the facts and circumstances, the Commissioner determines that the amount received is in substance a gift;
(ii) The recipient does not treat the amount received as a gift, bequest, devise, or inheritance; and
(iii) The recipient does not treat the amount received as taxable income (such as a purported loan).
(c)
Exceptions
—(1)
Section 501(c) recipient
. Paragraph (a) of this section does not apply if the recipient of the foreign gift is an organization described in section 501(c) and exempt from tax under section 501(a).
(2)
Reporting threshold rules
—(i)
Foreign gifts from foreign individuals or foreign estates
—(A)
Reporting threshold
. Except as provided in paragraph (c)(2)(ii) of this section, paragraph (a) of this section does not apply to a foreign gift received by a U.S. person from a non-U.S. person who is an individual (a
foreign individual
) or a foreign estate (within the meaning of section 7701(a)(31)(A)) if, during the U.S. person’s taxable year, the aggregate amount of foreign gifts received, directly or indirectly, from that foreign individual or foreign estate (the
transferor
) does not exceed $100,000, as modified by cost-of-living adjustments pursuant to paragraph (c)(2)(v) of this section.
(B)
Aggregation rule
. To determine whether paragraph (c)(2)(i)(A) of this section applies to foreign gifts received from a transferor, each U.S. person must aggregate foreign gifts, including covered gifts and bequests described in section 2801(e), received from all foreign individuals, foreign estates, and any other foreign person (such as corporations or partnerships) that the U.S. person knows or has reason to know are related to the transferor within the meaning of §1.643(i)-1(d)(9). If the aggregate amount of all these foreign gifts exceeds the $100,000 reporting threshold, the U.S. person must separately identify each foreign gift in excess of $5,000 received from the transferor and from each foreign person related to the transferor and must provide identifying information (for example, name and address) about the transferor and each such foreign person, including a foreign individual or a foreign estate.
(ii)
Covered gifts and bequests
. Subject to paragraph (h)(2) of this section, paragraph (a) of this section does not apply to a foreign gift that is a covered gift or bequest described in section 2801(e) if the aggregate amount of covered gifts and bequests received by the U.S. person during the calendar year does not exceed the section 2801(c) amount, which is the dollar amount of the per-donee exclusion in effect under section 2503(b). For purposes of this paragraph (c)(2)(ii), the aggregate amount of covered gifts and bequests received by the U.S. person during the calendar year does not include transfers from a foreign trust (as described in paragraph (b)(1) of this section), as such transfers are reportable as distributions (within the meaning of §1.6048-4(b)) under §1.6048-4.
(iii)
Other foreign gifts
—(A)
Reporting threshold
. Paragraph (a) of this section does not apply to a foreign gift received by a U.S. person from a foreign corporation or a foreign partnership if, during the U.S. person’s taxable year, the aggregate amount of foreign gifts from that corporation or partnership (the
transferor
), when aggregated with foreign gifts received from other foreign persons that the U.S. person knows or has reason to know are related to the transferor as described in paragraph (c)(2)(iii)(B) of this section, does not exceed $10,000, as modified by cost-of-living adjustments pursuant to paragraph (c)(2)(v) of this section.
(B)
Aggregation rule
. To determine whether paragraph (c)(2)(iii)(A) of this section applies to foreign gifts from a transferor, the U.S. person must aggregate foreign gifts received from all foreign corporations, foreign partnerships, and any other foreign person that the U.S. person knows or has reason to know are related to the transferor within the meaning of §1.643(i)-1(d)(9). If the aggregate amount of these foreign gifts exceeds the reporting threshold, the U.S. person must separately identify each foreign gift from the transferor and from each foreign person related to the transferor and provide identifying information (for example, name and address) about the transferor and each such foreign person, including a foreign individual or foreign estate.
(iv)
Joint returns
. In the case of married U.S. persons who file joint income tax returns under section 6013 for a tax year, the reporting threshold under paragraph (c)(2)(i)(A) of this section applies separately to each spouse. Thus, married U.S. persons who file a joint income tax return will not be subject to paragraph (a) of this section if the aggregate amount of foreign gifts received by each spouse, directly or indirectly from any one foreign individual or foreign estate, taking into account the aggregation rule of paragraph (c)(2)(i)(B) of this section, does not exceed $100,000 during the taxable year.
(v)
Cost-of-living adjustments
. The reporting thresholds under paragraph (c)(2)(i)(A) and under paragraph (c)(2)(iii)(A) of this section are increased by an amount equal to the product of the amounts specified in such paragraphs and the cost-of-living adjustment for the taxable year of the gift under section 1(f)(3), except that paragraph (A)(ii) thereof is applied by substituting “1995” for “2016.”
(d)
Valuation principles
. The amount of a foreign gift is the value of the property at the time of its transfer. The value of the property is the price at which such property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell, and both having reasonable knowledge of relevant facts. Accordingly, the value of the property is determined in accordance with the Federal gift tax valuation principles of section 2512 and sections 2701 through 2704 (chapter 14 of the Internal Revenue Code) and the regulations under section 2512 and sections 2701 through 2704 in this part.
(e)
Penalty for failure to file information
—(1)
In general
. If a U.S. person fails to furnish information required under paragraph (a) of this section with respect to any foreign gift by the due date provided under paragraph (a)—
(i) The tax consequences of the receipt of such foreign gift may be determined by the Commissioner based on all the facts and circumstances, and
(ii) Notwithstanding the tax consequences under paragraph (e)(1)(i) of this section, such U.S. person must pay (upon notice and demand by the Commissioner and in the same manner as tax) an amount equal to 5 percent of the amount of such foreign gift for each month (or portion thereof) for which the failure to report the foreign gift as a gift on Form 3520 continues (not to exceed 25 percent of such amount in the aggregate).
(2)
Reasonable cause exception
. Paragraph (e)(1) of this section will not apply to any failure to report a foreign gift if the U.S. person submits a reasonable cause statement to the Commissioner under penalties of perjury and demonstrates to the satisfaction of the Commissioner that the failure is due to reasonable cause and not due to willful neglect. The determination of whether a taxpayer acted with reasonable cause and not with willful neglect is made under the principles set out in §1.6664-4 and §301.6651-1(c). This determination is made on a case-by-case basis, taking into account all pertinent facts and circumstances.
(f)
Special rules
—(1)
Dual resident taxpayers
. If a dual resident taxpayer (within the meaning of §301.7701(b)-7(a)(1) of this chapter) computes U.S. income tax liability as a nonresident alien on the last day of the taxable year and complies with the filing requirements of §301.7701(b)-7(b) and (c) of this chapter, the dual resident taxpayer will not be treated as a U.S. person for purposes of section 6039F with respect to the portion of the taxable year the dual resident taxpayer was treated as a nonresident alien for purposes of computing U.S. income tax liability.
(2)
Dual status taxpayers
. If a taxpayer abandons U.S. citizenship or residence during the taxable year or acquires U.S. citizenship or residence during the taxable year as provided in §1.6012-1(b)(2)(ii), the taxpayer will not be treated as a U.S. person with respect to the portion of the taxable year the taxpayer is treated as a nonresident alien for purposes of computing U.S. income tax liability.
(g)
Examples
. The following examples illustrate the rules of this section. In these examples and unless otherwise stated, assume that the reporting threshold under paragraph (c)(2)(i)(A) of this section is $100,000:
(1)
Example 1: Qualified transfer exception
. X, a U.S. person, attends Private University, an accredited college in the United States. X’s grandparents, who are not U.S. persons, pay X’s tuition directly to Private University. The tuition payment is a qualified transfer within the meaning of section 2503(e)(2). Under paragraph (b)(1) of this section, X is not treated as receiving a foreign gift from X’s grandparents. Accordingly, X is not required to report the tuition payment under paragraph (a) of this section.
(2)
Example 2: Charitable donee
. XYZ, a U.S. person, is an organization described in section 501(c) and is exempt from tax under section 501(a). XYZ receives a bequest of $200,000 from a foreign estate. Because XYZ meets the exception under paragraph (c)(1) of this section for organizations described in section 501(c) and exempt from tax under section 501(a), XYZ is not required to report the bequest under paragraph (a) of this section.
(3)
Example 3: Gift from dual resident taxpayer
. X is a lawful permanent resident of the United States within the meaning of §301.7701(b)-1(b) of this chapter and is a resident of Country F under the domestic law of Country F. X is a resident of Country F under the residence article of the U.S.-Country F income tax treaty and notifies the United States by taking such a position on Form 1040NR and Form 8833 for Year 1. Pursuant to §301.7701(b)-7 of this chapter, X is treated as a nonresident alien for purposes of computing X’s U.S. income tax liability for Year 1. During Year 1, X makes a gift of $150,000 to Y, a U.S. citizen. Under paragraph (f)(1) of this section, X is not treated as a U.S. person for purposes of this section. Because X is not treated as a U.S. person for Year 1, the gift is a foreign gift within the meaning of paragraph (b) of this section. Y must report the foreign gift on Part IV of Form 3520 under paragraph (a) of this section.
(4)
Example 4: Gifts from related foreign individuals
. X, a U.S. citizen, is married to Y, a nonresident alien. Y has three brothers, A, B, and C, who also are nonresident aliens. In Year 1, Y makes a gift of $90,000 to X, A makes a gift of $40,000 to X, B makes two gifts to X (one of $4,000 and one of $3,000), and C makes a gift of $4,000 to X. X knows or has reason to know that A, B, and C are related to Y within the meaning of §1.643(i)-1(d)(9). X treats all five transfers as gifts. Under paragraphs (c)(2)(i)(A) and (B) of this section, to calculate the $100,000 reporting threshold, X must aggregate foreign gifts from Y, A, B, and C. For Year 1, X must report the receipt of $141,000 in foreign gifts. In addition, under paragraphs (a) and (c)(2)(i)(B) of this section, X must separately identify and report information regarding the $90,000 foreign gift from Y, the $40,000 foreign gift from A, and the aggregated $7,000 foreign gifts from B because each person’s foreign gift for Year 1 exceeds $5,000. X is not required to identify the $4,000 gift from C separately because it does not exceed $5,000.
(5)
Example 5: Covered gift within meaning of section 2801(e)
. Z is a resident of Country F and relinquishes U.S. citizenship on July 1, Year 1, becoming a covered expatriate within the meaning of section 877A(g)(1). On December 31, Year 10, a date after the date final regulations under section 2801 are published in the Federal Register, Z gives $50,000 to Z’s son, X, who is a U.S. person. The transfer is a covered gift within the meaning of section 2801(e) and a foreign gift within the meaning of paragraph (b) of this section. Because the value of the foreign gift exceeds the threshold specified in paragraph (c)(2)(ii) of this section (assuming that for Year 10 this amount is under $50,000), X must report receipt of the foreign gift on Part IV of Form 3520 under paragraph (a) of this section. X also is subject to tax and separate reporting requirements under section 2801.
(6)
Example 6: Gifts from foreign individual and related corporation
. X, a U.S. citizen, is married to Y, a nonresident alien. Y is the sole shareholder of FC, a foreign corporation. During Year 1, Y makes a gift of $11,000 to X, and FC makes a gift of $9,000 to X. Because X knows or has reason to know that Y and FC are related, X must aggregate the gifts from Y and FC ($20,000). Although the $20,000 aggregate amount deemed received from Y does not exceed the $100,000 reporting threshold with respect to foreign gifts from foreign individuals, the $20,000 aggregate amount received from FC exceeds the applicable reporting threshold for foreign gifts from foreign corporations under paragraph (c)(2)(iii) of this section for Year 1 (assume that for Year 1 this amount is $18,000). Accordingly, X must report receipt of the foreign gift on Part IV of Form 3520 under paragraph (a) of this section. In addition, X must separately identify each foreign gift from Y and FC and must provide identifying information about Y and FC.
(7)
Example 7: Penalties for failure to report information
. The facts are the same as in paragraph (g)(6) of this section (
Example 6
). X fails to report the amounts received from Y and FC on Form 3520 and does not demonstrate to the satisfaction of the Commissioner that such failure is due to reasonable cause and not due to willful neglect. Under paragraph (e)(1)(i) of this section and §1.672(f)-4(a)(2), the Commissioner may determine that, based on all the facts and circumstances, the gift of $9,000 from FC to X should be treated as a dividend from FC to X and included in X’s gross income. Under paragraph (e)(1)(i) of this section, the Commissioner also may determine that there are no tax consequences to X upon receiving the gift of $11,000 from Y. Without regard to the tax consequences determined under paragraph (e)(1)(i) of this section, under paragraph (e)(1)(ii) of this section, X must pay (upon notice and demand by the Commissioner and in the same manner as tax) $1,000, an amount equal to 5 percent of the aggregate amount of $20,000 for each month for which the failure to disclose the foreign gifts on Form 3520 continues (not to exceed $5,000, an amount equal to 25 percent of the aggregate amount of $20,000).
(h)
Applicability date
—(1)
In general
. Except as provided in paragraph (h)(2) of this section, the rules of this section apply to amounts received after the [date of publication of the final regulations in the
Federal Register
].
(2)
Covered gifts and bequests
. Paragraph (c)(2)(ii) of this section is effective on the date final regulations under section 2801 are published in the
Federal Register
and applies to covered gifts or bequests received on or after that date.
Par. 9. Sections 1.6048-1 through 1.6048-7 are added to read as follows:
§1.6048-1 Scope.
(a)
In general
. Sections 1.6048-1 through 1.6048-7 provide rules concerning information that must be reported under section 6048 with respect to foreign trusts. This section provides general definitions for purposes of §§1.6048-1 through 1.6048-7. Section 1.6048-2 provides rules requiring a responsible party to provide notice of a reportable event that occurs during the taxable year with respect to a foreign trust. Section 1.6048-3 provides rules applicable to a U.S. owner of a foreign trust to ensure that the trust provides certain information about the trust’s activities and operations for the year to the Commissioner and to any U.S. person (within the meaning of section 7701(a)(30)) who is treated as an owner of the trust or who receives a distribution from the trust. Section 1.6048-4 provides rules requiring a U.S. person to report the receipt of a distribution from a foreign trust during the U.S. person’s taxable year. Section 1.6048-5 provides exceptions to the rules of §§1.6048-2 through 1.6048-4. Section 1.6048-6 provides certain special rules, including rules concerning dual resident taxpayers (within the meaning of §301.7701(b)-7(a)(1) of this chapter) and dual status taxpayers (described in §1.6012-1(b)(2)(ii)) who compute their U.S. income tax liability as nonresident aliens for part or all of the taxable year. Section 1.6048-7 provides applicability dates. For civil penalties that apply for failure to comply with the requirements of §§1.6048-2 through 1.6048-4,
see
§1.6677-1. For penalties that apply to understatements of tax that are attributable to transactions involving undisclosed foreign financial assets, including assets with respect to which information was required to be provided under section 6048 but was not provided,
see
section 6662(b)(7) and (j). For suspension of the statute of limitations when required information has not been provided under section 6048,
see
section 6501(c)(8).
(b)
Definitions
. The following definitions apply for purposes of this section and §§1.6048-2 through 1.6048-7:
(1)
Executor
. The term
executor
means an executor within the meaning of section 2203.
(2)
Foreign person
. The term
foreign person
means any person who is not a
U.S. person
within the meaning of paragraph (b)(4) of this section.
(3)
Foreign trust
. The term
foreign trust
means a foreign trust within the meaning of §301.7701-7.
(4)
Grantor trust
. The term
grantor trust
means a trust or any portion of a trust that is treated as owned by any person under subpart E of part I of subchapter J of chapter 1 of the Internal Revenue Code.
(5)
Grantor trust rules
. The term
grantor trust rules
means the rules under subpart E of part I of subchapter J of chapter 1 of the Internal Revenue Code.
(6)
Nongrantor trust
. The term
nongrantor trust
means a trust or any portion of a trust that is not treated as owned by any person under subpart E of part I of subchapter J of chapter 1 of the Internal Revenue Code.
(7)
U.S. person
. The term
U.S. person
means any person who is a U.S. person within the meaning of section 7701(a)(30) but not including certain dual resident taxpayers and dual status taxpayers as described in §1.6048-6(a).
§1.6048-2 Notice of reportable events.
(a)
In general
—(1)
Filing requirement
. Unless an exception in §1.6048-5 applies, a responsible party (as defined in paragraph (c) of this section) must provide written notice of any reportable event (as defined in paragraph (b) of this section) that occurs during the taxable year of the U.S. person described in paragraph (b) of this section on Part I of Form 3520, Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts. If a responsible party must report a reportable event with regard to more than one foreign trust during the taxable year, the responsible party must file a separate Form 3520 for each such foreign trust.
See
§§1.679-1 and 1.684-1 for additional rules regarding transfers to foreign trusts by U.S. persons.
See
§1.6048-6(d) for information reporting by married U.S. persons who file a joint income tax return.
(2)
Due dates
—(i)
General rule
. Subject to paragraph (a)(2)(ii) and (iii) of this section, the responsible party must file Form 3520 by the fifteenth day of the fourth month after the close of the responsible party’s taxable year. If the responsible party has been granted an extension of time to file the responsible party’s income tax return pursuant to section 6081, an extension of time for filing Form 3520 is granted to the fifteenth day of the tenth month following the close of the responsible party’s taxable year. No additional extension of time to file Form 3520 is allowed beyond the fifteenth day of the tenth month following the close of the responsible party’s taxable year.
(ii)
Filing by U.S. persons residing outside the United States
. In the case of a grantor or transferor (described in paragraph (c)(1) or (c)(2) of this section, respectively) who qualifies for an automatic extension to file the grantor’s or transferor’s income tax return under section 6081 and §1.6081-5(a)(5) because the grantor or transferor resides outside of the United States and Puerto Rico and the grantor’s or transferor’s main place of business or post of duty is outside of the United States and Puerto Rico, the grantor or transferor must file Form 3520 by the fifteenth day of the sixth month after the close of the grantor’s or transferor’s taxable year. If the grantor or transferor has been granted an extension of time to file the grantor’s or transferor’s income tax return pursuant to section 6081, an extension of time for filing Form 3520 is granted to the fifteenth day of the tenth month following the close of the grantor’s or transferor’s taxable year. No additional extension of time to file Form 3520 is allowed.
(iii)
Filing by executor of grantor’s or transferor’s estate
. In the case of a deceased grantor or transferor, the executor of the grantor’s or transferor’s estate (within the meaning of paragraph (c)(3) of this section) must file Form 3520 by the fifteenth day of the fourth month following the close of the 12-month period which began with the first day of the grantor’s or transferor’s final taxable year. If the executor of the grantor’s or transferor’s estate has been granted an extension of time to file the grantor’s or transferor’s final income tax return pursuant to section 6081, an extension of time for filing Form 3520 is granted to the fifteenth day of the tenth month following the close of the 12-month period which began with the first day of the grantor’s or transferor’s final taxable year. No additional extension of time to file Form 3520 is allowed.
(b)
Reportable event
. Subject to §1.6048-5, for purposes of this section, the term
reportable event
means any of the events described in paragraphs (b)(1) through (3):
(1) The creation of any foreign trust by any U.S. person.
(2) Any direct, indirect, or constructive transfer, within the meaning of §1.679-3 or §1.684-2, of property (including cash) to a foreign trust by a U.S. person, including a transfer by reason of death. In addition, a reportable event includes an outbound migration of a domestic trust, as described in §1.684-4, without regard to whether any gain is taxable under §1.684-1, and a U.S. person’s transfer of property in exchange for any obligation of the foreign trust or of a person related to the trust, as described in §1.679-4, without regard to whether the obligation is a qualified obligation.
(3) The death of a citizen or resident of the United States if—
(i) The decedent was treated as the owner of any portion of a foreign trust under subpart E of part I of subchapter J of chapter 1 of the Internal Revenue Code, or
(ii) Any portion of a foreign trust was included in the gross estate of the decedent for Federal estate tax purposes.
(c)
Responsible party
. For purposes of this section, the term
responsible party
means each of the following:
(1) The grantor (within the meaning of §1.671-2(e)) in the case of the creation of an inter vivos trust.
(2) The transferor in the case of a reportable event described in paragraph (b)(2) of this section other than a transfer by reason of death.
(3) The executor of the deceased grantor’s or transferor’s estate in any other case (whether or not the executor is a U.S. person).
(d)
Examples
. The following examples illustrate the rules of this section.
(1)
Example 1: Creation and funding of foreign trust
. A, an attorney, creates a foreign trust, FT, on behalf of B, A’s client. A and B are both U.S. persons. Shortly thereafter, B transfers $100x to FT. A and B are both grantors of FT under §1.671-2(e), even though only B transferred property to FT. Under paragraph (b)(1) of this section, the creation of FT is a reportable event, and under paragraph (c)(1) of this section, A and B are responsible parties. Under paragraph (b)(2) of this section, the funding of FT is a reportable event, and under paragraph (c)(2) of this section, B is the responsible party. Accordingly, under paragraph (a) of this section, A must report the creation of FT and B must report the creation and the transfer to FT, respectively, on Part I of Form 3520.
(2)
Example 2: Transfers to two foreign trusts
. The facts are the same as in paragraph (d)(1) of this section (
Example 1
). B also transfers $100x to a second foreign trust, FT2, during the same taxable year. Under paragraph (a)(1) of this section, B must file two Forms 3520, one for the creation and funding of FT and one for the funding of FT2.
(3)
Example 3: Transfer by domestic trust to foreign trust
. Under the grantor trust rules, B is treated as the owner of a domestic trust, DT. B is a U.S. person and funds DT with $1,000x. Subsequently, B causes DT to transfer $600x to FT, an existing foreign trust. Under §1.679-3(b), B is treated as transferring $600x to FT. Under paragraph (b)(2) of this section, the transfer is a reportable event. Under paragraph (c)(2) of this section, B is a responsible party. Accordingly, under paragraph (a) of this section, B is required to report the transfer to FT on Part I of Form 3520.
(4)
Example 4: Transfer by reason of death
. C, a U.S. person who files on a calendar year basis, is treated as the owner of a domestic trust, DT, under the grantor trust rules. The trust instrument provides that, upon C’s death, DT will terminate and the trustee must distribute the trust corpus to a foreign trust, FT, for the benefit of C’s children. C dies in Year 1. The trustee of DT distributes the trust corpus to FT in Year 1. The transfer to FT is a reportable event under paragraph (b)(2) of this section as a transfer by reason of C’s death. Under paragraph (c)(3) of this section, the executor of C’s estate is the responsible party. Accordingly, under paragraph (a) of this section, the executor of C’s estate is required to report the transfer on Part I of Form 3520 by April 15, Year 2, the fifteenth day of the fourth month after the close of the 12-month period which began with the first day of C’s final taxable year, as described in paragraph (a)(2)(ii) of this section. If C’s executor is granted an extension of time to file C’s final income tax return, then C’s Form 3520 will have a 6-month extension and be due by October 15, Year 2.
(5)
Example 5: Death of U.S. citizen who was the owner of a foreign trust
. The facts are the same as in paragraph (d)(4) of this section (
Example 4
), except that C dies in Year 1 while C is treated as the owner of FT. Under paragraph (b)(3)(i) of this section, C’s death is a reportable event. Under paragraph (c)(3) of this section, the executor of C’s estate is a responsible party. Accordingly, under paragraph (a) of this section, the executor of C’s estate is required to report C’s death on Form 3520 by April 15, Year 2, the fifteenth day of the fourth month after the close of the 12-month period which began with the first day of C’s final taxable year, as described in paragraph (a)(2)(ii) of this section. If C’s executor is granted an extension of time to file C’s final income tax return for the year of decedent’s death, then C’s Form 3520 will also have an extension and be due by October 15, Year 2.
(6)
Example 6: Transfer in exchange for less than fair market value
. X, a U.S. person, sells property worth $1,000x to a foreign trust, FT, in exchange for $100x in cash. Under §1.671-2(e)(2)(ii), the $900x excess amount is a gratuitous transfer by X to FT. Under §1.679-3(a), X is treated as making a transfer of $900x to FT. Under paragraph (b)(2) of this section, the transfer is a reportable event. Under paragraph (c)(2) of this section, X is a responsible party. Accordingly, under paragraph (a) of this section, X is required to report the $900x transfer to FT on Part I of Form 3520.
(7)
Example 7: Creation and funding of trust in Puerto Rico by U.S. citizen
. X is a U.S. citizen and a bona fide resident of Puerto Rico. X creates and funds a trust, T, in Puerto Rico. T is subject to the primary jurisdiction of the Puerto Rican courts. Because T fails the court test of §301.7701-7(a)(i), it is classified as a foreign trust under §301.7701-7. Under paragraph (b)(1) and (2) of this section, the creation and funding of T are reportable events. Under paragraph (c)(1) and (2) of this section, X is a responsible party. Accordingly, under paragraph (a) of this section, X is required to report the creation and funding of T on Part I of Form 3520.
(8)
Example 8: Indirect transfer
. X, a U.S. person, creates FT, a foreign trust, for the benefit of X’s children, who are U.S. citizens. On July 1, Year 1, X transfers ABC stock to X’s brother, Y, a nonresident alien, for no consideration. Y immediately sells the ABC stock and uses the proceeds to purchase DEF stock. On January 5, Year 2, Y transfers the DEF stock to FT. X is related to Y within the meaning of §1.679-3(c)(4). X cannot demonstrate to the satisfaction of the Commissioner that Y, as the intermediary, has a relationship with the beneficiaries of the trust that establishes a reasonable basis for concluding that the intermediary would make a transfer to FT, that Y acted independently of X, or that Y is not an agent of X. Thus, the transfer is deemed to be for the principal purpose of tax avoidance under §1.679-3(c)(2). Under §1.679-3(c)(1), X is treated as having made an indirect transfer of the DEF stock to FT on January 5, Year 2. Under §1.679-3(c)(3), Y is treated as an agent of X, and the DEF stock is treated as transferred to FT by X. Under paragraph (b)(2) of this section, the transfer is a reportable event. Under paragraph (c)(2) of this section, X is a responsible party. Accordingly, under paragraph (a) of this section, X is required to report the transfer on Part I of Form 3520.
(9)
Example 9: Constructive transfer
. FT, a foreign trust, owes $100x to F Corp, an unrelated foreign corporation, for the performance of services by F Corp for the benefit of FT. In satisfaction of FT’s liability to F Corp, X, a U.S. person, transfers to F Corp property with a fair market value of $100x. By satisfying FT’s obligation, under §1.679-3(d)(1), X is treated as having made a constructive transfer of property to FT. Under paragraph (b)(2) of this section, the transfer is a reportable event. Under paragraph (c)(2) of this section, X is a responsible party. Accordingly, under paragraph (a) of this section, X is required to report the transfer on Part I of Form 3520.
(10)
Example 10: Partial guarantee of foreign trust obligations
. F Corp, a foreign corporation, lends $100x to FT, a foreign trust, in exchange for FT’s obligation to repay the loan. Knowing that F Corp would not have made the loan without a guarantee, X, a U.S. person related to FT under §1.679-1(c)(5), gratuitously guarantees the repayment of $60x of FT’s obligation. Under §1.679-3(e), X is treated as having transferred $60x to FT. Under paragraph (b)(2) of this section, the transfer is a reportable event. Under paragraph (c)(2) of this section, X is a responsible party. Accordingly, under paragraph (a) of this section, X is required to report the transfer on Part I of Form 3520.
(11)
Example 11: Dual resident taxpayer
. The facts are the same as in paragraph (d)(10) of this section (
Example 10
) except that X is a dual resident taxpayer (within the meaning of §301.7701(b)-7(a)(1)) who computes his U.S. tax liability as a nonresident alien for the taxable year during which he is treated as making the transfer. Pursuant to §1.6048-6(a)(1), X is not treated as a U.S. person for that taxable year and is not required to report the transfer on Part I of Form 3520.
(12)
Example 12: Outbound migration of domestic nongrantor trust
. X, a U.S. person, transfers property to an irrevocable domestic trust, DT, for the sole benefit of X’s daughter. DT is not treated as owned by X or any other person under the grantor trust rules. DB, a domestic bank, resigns as trustee when X dies, and FB, a foreign bank, becomes the replacement trustee under the terms of the trust. Pursuant to §301.7701-7(d), DT becomes a foreign trust, FT. Under §1.684-4(a), DT is treated as having transferred all of its assets to FT and is required to recognize gain on the transfer under §1.684-1(a). Under paragraph (b)(2) of this section, the transfer is a reportable event. Under paragraph (c)(2) of this section, DT is the responsible party. Accordingly, under paragraph (a) of this section, DT is required to report the transfer on Part I of a Form 3520.
(13)
Example 13: Outbound migration of domestic grantor trust
. On January 2, Year 1, X, a U.S. person, transfers property with a fair market value of $100x and an adjusted basis of $40x to a revocable domestic trust, DT, for the benefit of A, a U.S. person. X is treated as the owner of DT under section 676. On January 15, Year 2, when the fair market value of all property transferred to DT by X is $150x, DT acquires a foreign trustee who has the power to determine whether and when distributions will be made to A. Under sections 7701(a)(30)(E) and 7701(a)(31)(B) and §301.7701-7(d)(1)(ii)(A) and (d)(2)(i), DT becomes a foreign trust, FT, on January 15, Year 2. Under §1.684-2(d), X is treated as transferring property with a fair market value of $150x to FT on January 15, Year 2, without regard to whether FT is a foreign grantor trust. Under paragraph (b)(2) of this section, the transfer is a reportable event. Under paragraph (c)(2) of this section, X is the responsible party. Under paragraph (a) of this section, X is required to report the transfer on Part I of Form 3520.
§1.6048-3 U.S. owners of foreign trusts.
(a)
U.S. owner requirement to ensure foreign trust information is provided
—(1)
In general
. Unless an exception in §1.6048-5 applies, any U.S. person who is treated as an owner (
U.S. owner
) of a foreign trust or of any portion of a foreign trust under subpart E of part I of subchapter J of chapter 1 of the Internal Revenue Code during any taxable year is responsible for ensuring that, by the fifteenth day of the third month after the end of the foreign trust’s taxable year, with a maximum extension of a 6-month period pursuant to section 6081, the foreign trust —
(i) Files Form 3520-A, Annual Information Return of Foreign Trust With a U.S. Owner (under section 6048(b)), under an identification number assigned to the trust (or portion of the trust) with the Commissioner in accordance with the instructions for Form 3520-A, and attaches copies of the statements required by paragraphs (a)(1)(ii) and (iii) of this section,
(ii) Furnishes a Foreign Grantor Trust Owner Statement in accordance with the instructions for Form 3520-A for the taxable year to each U.S. owner; and
(iii) Furnishes a Foreign Grantor Trust Beneficiary Statement in accordance with the instructions for Form 3520-A for the taxable year to each U.S. person, other than the U.S. owner, to whom the trust has made a distribution (within the meaning of §1.6048-4(b)), either directly or indirectly, during the trust’s taxable year (each a
U.S. beneficiary
).
(2)
Substitute Form 3520-A filed by the U.S. owner
. If the foreign trust does not comply with the requirements of paragraph (a)(1) of this section, the U.S. owner must—
(i) Complete and file Part II of Form 3520, Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts, in accordance with the instructions for Form 3520 by the due date of the U.S. owner’s Form 3520, as described in §1.6048-2(a)(2) but as if “U.S. owner” replaces “responsible party” in §1.6048-2(a)(2)(i) and as if “U.S. owner” replaces “grantor or transferor” in §1.6048-2(a)(2)(ii) and (iii), as applicable; and
(ii) Complete Form 3520-A and related statements for each U.S. owner and U.S. beneficiary on behalf of the foreign trust and file them with the U.S. owner’s Part II of Form 3520 by the due date of the U.S. owner’s Form 3520 as provided in paragraph (a)(2)(i) of this section. Further, unless paragraph (a)(3) of this section applies, the U.S. owner must furnish the Foreign Grantor Trust Beneficiary Statement in accordance with the instructions for Form 3520-A to each U.S. beneficiary by the due date of the U.S. owner’s Form 3520.
(3)
Certain fixed investment trusts
. A U.S. owner who is subject to the rules of this section is not required to provide information about the other persons who are treated as owners of the foreign trust if the foreign trust meets all requirements to qualify as a widely held fixed investment trust within the meaning of §1.671-5(b)(22) other than the requirement that it be a U.S. person under section 7701(a)(30)(E).
(b)
Consistency rule
—(1)
In general
. Subject to paragraph (b)(2) of this section, U.S. owners or U.S. beneficiaries who receive a Foreign Grantor Trust Owner Statement or Foreign Grantor Trust Beneficiary Statement from a foreign trust must treat any item reported by the trust to such U.S. person in a manner that is consistent with the trust’s treatment of such item on the Foreign Grantor Trust Owner Statement or Foreign Grantor Trust Beneficiary Statement.
(2)
Notification of inconsistent treatment
. If a U.S. owner’s or U.S. beneficiary’s treatment on such U.S. owner’s or U.S. beneficiary’s return is (or may be) inconsistent with the treatment of the item reported on a Foreign Grantor Trust Owner Statement or Foreign Grantor Trust Beneficiary Statement, then the U.S. owner or U.S. beneficiary must notify the Commissioner about the inconsistent treatment. The notification of inconsistent treatment must be made on a Form 8082, Notice of Inconsistent Treatment or Administrative Adjustment Request (AAR). Rules similar to the rules of section 6034A(c) (generally requiring beneficiaries of estates or trusts to file their returns in a manner that is consistent with information received from the estate or trust) will apply, including the rules for any adjustments required to make the treatment of reported items consistent in the case of a U.S. owner’s or U.S. beneficiary’s failure to notify the Commissioner about the inconsistent treatment.
(c)
Income tax determinations for foreign grantor trusts without U.S. agents
. If a foreign trust with a U.S. owner does not have a U.S. agent as described in paragraph (d) of this section, or if otherwise provided pursuant to paragraph (d)(5) of this section, then the amounts required to be taken into account with respect to the trust by the U.S. owner under the grantor trust rules are determined by the Commissioner based on all the facts and circumstances.
(d)
Authorization of a U.S. agent
—(1)
In general
. Paragraph (c) does not apply if a U.S. owner of a foreign trust ensures that the foreign trust authorizes a U.S. person to act as the trust’s limited agent as described in paragraph (d)(2) of this section solely for purposes of applying sections 7602, 7603, and 7604 with respect to—
(i) Any request by the Commissioner to examine records or produce testimony related to the proper treatment of amounts required to be taken into account under the grantor trust rules, or
(ii) Any summons by the Commissioner for such records or testimony.
(2)
Requirements
. In order to authorize a U.S. person to act as an agent under paragraph (d)(1) of this section, a U.S. owner of a foreign trust must ensure that the trust and the agent enter into a binding authorization agreement that is executed by the foreign trust and the U.S. agent before the due date of Form 3520-A or substitute Form 3520-A (as described in §1.6048-3(a)(1) and (2), respectively) for the taxable year that the U.S. owner is considered the owner of the trust. The authorization must remain in effect for as long as the statute of limitations remains open for the U.S. owner’s relevant taxable year. If the agent resigns or liquidates or if the agent’s responsibility is terminated, the U.S. owner of the foreign trust must ensure that the foreign trust notifies the Commissioner within 90 days, by filing an amended Form 3520-A. This notification must contain the name, address and Taxpayer Identification Number of the new U.S. agent.
(3)
Limitations
. The appearance of persons or production of records by reason of a U.S. person being an agent described in paragraph (d)(1) of this section will not subject such persons or records to legal process for any purpose other than determining the correct treatment of the amounts to be taken into account by the U.S. owner under paragraph (c) of this section.
(4)
No office, permanent establishment, or trade or business
. A foreign trust that appoints a U.S. agent described in paragraph (d)(1) of this section will not be considered to have an office or a permanent establishment in the United States, or to be engaged in a trade or business in the United States, solely because of the agent’s activities as an agent pursuant to this section.
(5)
Summons issued to a U.S. agent
—(i)
In general
. Paragraph (c) of this section applies if a summons is issued to a U.S. person (either directly or as a limited agent of a foreign trust who is appointed pursuant to paragraph (d)(1) of this section) or to a foreign trust (where service of the summons can be effectuated) to produce any records or testimony in order to determine the amounts required to be taken into account under the grantor trust rules, and if—
(A) The summons is not quashed in a proceeding, if any, begun not later than the 90th day after the summons was issued and is not determined to be invalid in a proceeding, if any, begun under section 7604 to enforce the summons; and
(B) The Commissioner has sent by certified or registered mail a notice to the U.S. person or foreign trust of its determination that the U.S. person or foreign trust has not substantially and timely complied with the summons, and a proceeding to review the determination is not begun any later than 90 days after the notice is mailed. If such a proceeding is not begun on or before such 90th day, the determination by the Commissioner will be binding.
(ii)
Enforcement proceeding not required
. The Commissioner is not required to begin an enforcement proceeding to enforce the summons in order to apply the rules of paragraph (d)(5) of this section.
(iii)
Suspension of statute of limitations
. If the U.S. person or foreign trust to which a summons is issued brings a proceeding to quash the summons not later than the 90th day after the summons was issued, or begins a proceeding to review a determination under paragraph (d)(5)(i)(B) of this section not later than the 90th day after the day on which the notice referred to in paragraph (d)(5)(i)(B) of this section was mailed, the running of any period of limitation under section 6501 (relating to assessment and collection of tax) or under section 6531 (relating to criminal prosecutions) for the taxable year or years to which the summons that is the subject of such proceeding relates will be suspended for the period during which the proceeding, and appeals therein, are pending. In no event will any such period expire before the 90th day after the day on which there is a final determination in the proceeding.
(e)
Examples
. The following examples illustrate the rules of this section.
(1)
Example 1: Fixed investment trust
. X, a U.S. person, is treated as an owner of a foreign trust, FT, that would be a widely held fixed investment trust within the meaning of §1.671-5(b)(22) if it were a domestic trust. FT does not file a Form 3520-A for Year 1. Under paragraph (a)(2) of this section, X is required to complete and file Part II of Form 3520 by the due date for X’s Year 1 Form 3520. In addition, under paragraph (a)(2) of this section, X is required to complete a substitute Form 3520-A and related statements and file them with X’s Year 1 Form 3520. Under paragraph (a)(4) of this section, X is not required to provide information about the other owners of FT.
(2)
Example 2: Substitute Form 3520-A
. X, a U.S. person, is treated as the owner of a foreign trust, FT. FT’s taxable year ends on December 31. On November 1, Year 1, FT makes a distribution to Y, a U.S. beneficiary of the trust. FT fails to comply with the requirements of paragraph (a)(1) of this section for its taxable year ending December 31, Year 1. Under paragraph (a)(2) of this section, X is required to complete and file Part II of Form 3520 by the due date for X’s Year 1 Form 3520. In addition, under paragraph (a)(2) of this section, X is required to complete a substitute Form 3520-A and related statements and file them with X’s Year 1 Form 3520. X must furnish a Foreign Grantor Trust Beneficiary Statement to Y by the due date for X’s Year 1 Form 3520.
(3)
Example 3: Failures to appoint U.S. agent and to respond to summons
. X, a U.S. person, is treated as the owner of a foreign trust, FT. FT does not appoint a U.S. agent described in paragraph (d)(1) of this section. The Commissioner issues a summons to X for the production of records of FT related to the proper treatment of amounts required to be taken into account by X under the grantor trust rules. Neither X nor FT responds to the summons. Under paragraph (c) of this section, the Commissioner may determine the amount that X must take into account under the grantor trust rules based on all the facts and circumstances.
(4)
Example 4: Multiple trusts and multiple transactions
. X, a U.S. person, is treated as the owner of two foreign trusts, FT1 and FT2. During Year 1, X transfers cash to FT1 and receives a distribution from FT2. FT1 and FT2 fail to comply with the requirements of paragraph (a)(1) of this section for their taxable years ending in Year 1. Under §1.6048-2 and paragraph (a)(2) of this section, X must report X’s transfer to, and ownership of, FT1 on one Form 3520, and under §1.6048-4 and paragraph (a)(2) of this section, X must report X’s ownership of, and distribution from, FT2 on a second Form 3520. In addition, under paragraph (a)(2)(ii) of this section, X must complete a substitute Form 3520-A for each trust, FT1 and FT2, and file them with X’s Year 1 Form 3520 for each trust.
(5)
Example 5: Dual resident taxpayer
. (i) X is a lawful permanent resident of the United States within the meaning of §301.7701(b)-1(b) of this chapter and a tax resident of Country F under the domestic tax law of Country F. X is treated as a resident of Country F under the residence article of the U.S.-Country F income tax treaty (the treaty). Pursuant to §301.7701(b)-7 of this chapter, X is treated as a nonresident alien for purposes of computing X’s U.S. income tax liability for Year 1. During Year 1, X transfers $100x to a foreign trust, FT, for the benefit of X’s children, who are U.S. citizens. Under §1.6048-6(a), X is not treated as a U.S. person and is not required to report the transfer under §1.6048-2 on a Form 3520 for Year 1.
(ii) In Year 2, X waives any benefits to which X would have been entitled under the treaty and computes X’s U.S. income tax liability as a resident alien. Under §1.679-5(a), X is treated as having made a transfer to FT on January 1, Year 2, in the amount of the fair market value of FT as of that date. Under §1.679-1(a), X is treated as the owner of FT as of January 1, Year 2. Under §1.6048-2(a), X is required to file a Form 3520 for Year 2 on which X reports the transfer to FT. If FT fails to comply with the requirements of paragraph (a)(1) of this section for FT’s taxable year ending in Year 2, under paragraph (a)(2) of this section, X also must complete and file Part II of Form 3520, and complete and file a substitute Form 3520-A with the related statements attached to X’s Year 2 Form 3520.
§1.6048-4 Reporting by U.S. persons receiving distributions from foreign trusts.
(a)
Reporting of trust distributions
. Unless an exception in §1.6048-5 applies, any U.S. person who receives directly or indirectly any distribution from a foreign trust (without regard to whether any person is treated as the owner of the foreign trust under the rules of subpart E of part I of subchapter J of chapter 1) must file Part III of Form 3520, Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts, by the due date of the U.S. person’s Form 3520, as described in §1.6048-2(a)(2) by replacing “responsible party” with “U.S. person” in §1.6048-2(a)(2)(i) and by replacing “grantor or transferor” with “U.S. person” in §1.6048-2(a)(2)(ii) and (iii), as applicable.
See
§1.6048-6(d) for information reporting by married U.S. persons who file a joint income tax return.
(b)
Distribution
—(1)
In general
. Except as provided in paragraphs (b)(5)(ii) and (b)(6)(ii) of this section, a
distribution
means any transfer of property (including cash) from a foreign trust received directly or indirectly by a U.S. person to the extent such property exceeds the fair market value of any property or services received by the foreign trust in exchange for the property transferred, without regard to whether any portion of the foreign trust is treated as owned by the grantor or another person under the rules of subpart E of part I of subchapter J of chapter 1, whether the recipient is designated as a beneficiary by the terms of the foreign trust, or whether the distribution has any income tax consequences. A distribution includes any amount, including without limitation a gift or bequest described in section 663(a), actually or constructively received by a U.S. person. For these purposes, a transfer of property from a foreign trust to a grantor trust or to a disregarded entity (as defined in §1.643(i)-1(d)(3) of this chapter) is treated as a distribution to the owner of the grantor trust or of the disregarded entity, respectively. For example, a transfer of property from a foreign trust to a single member LLC treated as a disregarded entity is treated as a distribution to the owner of the LLC. For distributions through intermediaries, see paragraph (b)(2) of this section; for distributions from entities owned by a foreign trust, see paragraph (b)(3) of this section; for inbound migrations of foreign trusts, see paragraph (b)(4) of this section; for loans of cash or marketable securities, see paragraph (b)(5) of this section; for use of trust property, see paragraph (b)(6) of this section; and for the receipt of covered gifts or bequests from a foreign trust, see paragraph (b)(7) of this section.
(2)
Distributions from foreign trusts through intermediaries
—(i)
In general
. A distribution includes any transfer of property from a foreign trust received by a U.S. person through an intermediary, nominee, or agent. In such a case, except as otherwise provided in paragraph (b)(2)(ii) of this section, the intermediary, nominee, or agent is treated as an agent of the foreign trust and the property is treated as distributed from the foreign trust to the U.S. person in the year the property is received by or made available by the intermediary, nominee, or agent to the U.S. person.
(ii)
Special rule
. If the Commissioner determines that the intermediary, nominee, or agent is an agent of the U.S. person, the property is treated as distributed from the foreign trust to the U.S. person in the year the property is received by the intermediary, nominee, or agent. In such case, the intermediary, nominee, or agent is not treated as distributing the property to the U.S. person when the property is subsequently received by or made available by the intermediary, nominee, or agent to the U.S. person.
(iii)
Reporting indirect transfers of property
. An indirect transfer of property from a foreign trust must be reported on Part III of Form 3520 without regard to whether the receipt of such property would be treated as having any income tax consequences to the U.S. person receiving such property, to a U.S. grantor or beneficiary of the foreign trust, or to a U.S. owner of the foreign trust.
(3)
Distributions from entities owned by a foreign trust
. A distribution includes any transfer of property from an entity in which a foreign trust directly or indirectly holds an ownership interest that is received by a U.S. person who is a related person (as defined in §1.679-1(c)(5)) with respect to the foreign trust. In such case, the transfer of the property by the entity owned by the foreign trust to the U.S. person is treated as a distribution of such property by the entity to the foreign trust followed by a distribution of the property from the foreign trust to the U.S. person, unless the U.S. person demonstrates to the satisfaction of the Commissioner that the distribution from the entity is properly attributable to the U.S. person’s ownership interest in the entity.
(4)
Inbound migrations of foreign trusts
. A distribution includes an inbound migration of a foreign trust. An inbound migration of a foreign trust occurs when a foreign trust becomes a domestic trust. In such case, the foreign trust is treated as distributing the trust corpus and income to the domestic trust on the date the foreign trust becomes a domestic trust.
(5)
Loans of cash or marketable securities
—(i)
In general
. A distribution includes any loan of cash or marketable securities made from a foreign trust (whether from trust corpus or income) directly or indirectly to a U.S. person. For these purposes, a loan to a grantor trust or to a disregarded entity (as defined in §1.643(i)-1(d)(3) of this chapter) will be treated as a loan to the owner of the grantor trust or of the disregarded entity, respectively. For example, a loan to a single member LLC treated as a disregarded entity will be treated as a loan to the owner of the LLC. Loans from a foreign trust include:
(A) A loan of cash or marketable securities made by any person to a U.S. person, if the foreign trust provides a guarantee (within the meaning of §1.679-3(e)(4)) for the loan, and
(B) A loan of cash or marketable securities made by any intermediary, nominee or agent of a foreign trust to a U.S. person.
(ii)
Section 643(i) loans of cash or marketable securities
. A distribution includes a direct or indirect loan of cash or marketable securities from a foreign nongrantor trust to any U.S. grantor or beneficiary (within the meaning of §1.643(i)-1(d)(11) or (1), respectively) or a U.S. person related (within the meaning of §1.643(i)-1(d)(9)) to a U.S. grantor or beneficiary regardless of whether the loan was made in exchange for a qualified obligation within the meaning of §1.643(i)-2(b)(2)(iii). For these purposes, indirect loans include loans described in §1.643(i)-1(b)(2).
(iii)
Reporting loans of cash or marketable securities
. A loan of cash or marketable securities made from a foreign trust must be reported by the U.S. person described under paragraph (b)(5)(i) of this section and by the U.S. grantor or beneficiary described under paragraph (b)(5)(ii) of this section on Part III of Form 3520, Annual Return to Report Transactions with Foreign Trusts and Receipt of Certain Foreign Gifts, without regard to whether the loan would be treated as having any income tax consequences to a U.S. grantor or beneficiary (within the meaning of §1.643(i)-1(d)(11) or (1), respectively) of the foreign trust.
(6)
Use of trust property
—(i)
In general
. A distribution includes the fair market value of the direct or indirect use of any property of a foreign trust by a U.S. person. For these purposes, use of property of a foreign trust by a grantor trust or by a disregarded entity (as defined in §1.643(i)-1(d)(3)) will be treated as the use of trust property by the owner of the grantor trust or of the disregarded entity, respectively. For example, use of trust property by a single member LLC treated as a disregarded entity will be treated as use of trust property by the owner of the LLC.
(ii)
Section 643(i) use of trust property
. A distribution includes the fair market value of the direct or indirect use of any property of a foreign nongrantor trust by a U.S. grantor or beneficiary (within the meaning of §1.643(i)-1(d)(11) or (1), respectively) or a U.S. person related (within the meaning of §1.643(i)-1(d)(9)) to a U.S. grantor or beneficiary without regard to whether the foreign trust is paid the fair market value for such use. For these purposes, indirect use of trust property includes the use described in §1.643(i)-1(c)(2).
(iii)
Reporting use of trust property
. The use of trust property must be reported by the U.S. person described under paragraph (b)(6)(i) of this section and by the U.S. grantor or beneficiary described under paragraph (b)(6)(ii) of this section on Part III of Form 3520, Annual Return to Report Transactions with Foreign Trusts and Receipt of Certain Foreign Gifts, without regard to whether the use of trust property would be treated as having any income tax consequences to a U.S. grantor or beneficiary (within the meaning of §1.643(i)-1(d)(11) or (1), respectively) of the foreign trust.
(7)
Certain covered gifts or bequests
. A distribution includes any covered gift or bequest (described in section 2801(e)) that is received as a distribution from a foreign trust.
(c)
Statements provided by foreign trust
—(1)
Foreign grantor trust with U.S. owner
—(i)
Owner statement
. Pursuant to §1.6048-3(a)(1)(ii), a U.S. owner of a foreign trust (or portion of a foreign trust) should receive a Foreign Grantor Trust Owner Statement.
(ii)
Statement for U.S. person receiving a distribution
. Pursuant to §1.6048-3(a)(1)(iii), a U.S. person, other than a U.S. owner, who receives a distribution from a foreign grantor trust (or portion of a foreign grantor trust) should receive a Foreign Grantor Trust Beneficiary Statement.
(2)
Foreign nongrantor trust
. A foreign nongrantor trust may issue, by the fifteenth day of the third month after the end of the trust’s taxable year, a Foreign Nongrantor Trust Beneficiary Statement to each U.S. person who receives a distribution from the foreign trust during the trust’s taxable year.
(3)
Foreign grantor trust with foreign owner
. A foreign trust that is treated as owned by a foreign person under the grantor trust rules may issue, by the fifteenth day of the third month after the end of the trust’s taxable year, a Foreign-Owned Grantor Trust Beneficiary Statement to each U.S. person who receives a distribution.
(d)
Tax consequences of distributions
—(1)
In general
. Subject to paragraph (e) of this section, a U.S. person (other than a U.S. person described in §1.6048-4(c)(1)(i)) who receives a distribution (other than a distribution described in §1.6048-4(b)(5) or (6) that is not treated as a section 643(i) distribution under §1.643(i)-1) from a foreign trust must determine the tax consequences of the distribution as follows, unless the distribution is received in a year that the foreign trust terminates. For rules determining the tax consequences of a distribution in the year a foreign trust terminates,
see
paragraphs (d)(3)(i)(B) and (d)(3)(iii) of this section.
(i) A U.S. person who receives a Foreign Grantor Trust Beneficiary Statement or a Foreign-Owned Grantor Trust Beneficiary Statement before the due date of the U.S. person’s income tax return (including extensions) must determine the income tax consequences of the distribution from the trust as a distribution being made from a grantor trust.
(ii) A U.S. person who receives a Foreign Nongrantor Trust Beneficiary Statement before the due date of the U.S. person’s income tax return (including extensions) may determine the income tax consequences of the distribution under either the actual calculation method described in paragraph (d)(2) of this section or the default calculation method described in paragraph (d)(3) of this section, unless the U.S. person knows or has reason to know that the information in the statement is incorrect or the U.S. person has previously used the default calculation method with respect to distributions from the same foreign trust.
(iii) In all other cases, including when a U.S. person does not receive a statement described in §1.6048-4(c) before the due date of the U.S. person’s income tax return (including extensions), the U.S. person must use the default calculation method described in paragraph (d)(3) of this section.
(2)
Actual calculation method
. Under the actual calculation method, the tax consequences of the distribution are determined by using actual information about the foreign trust as provided in the Foreign Nongrantor Trust Beneficiary Statement described in §1.6048-4(c)(2) and applying the rules of subparts C and D of Part I of subchapter J of chapter 1 of the Internal Revenue Code.
(3)
Default calculation method
—(i)
Consequences to U.S. person who receives a distribution from a foreign trust
—(A)
In general
. Under the default calculation method, the tax consequences of the distribution are determined by allocating the distribution between a distribution of current income and a distribution of accumulated income under the rules of this paragraph (d)(3). The portion of the distribution that is treated as a distribution of current income is 125% of the average distribution that the U.S. person received from the foreign trust during the immediately preceding three taxable years (or the number of years during which the trust has been a foreign trust, if fewer than three years). The remainder of the distribution, if any, is treated as an accumulation distribution within the meaning of section 665(b) that is subject to an interest charge under section 668. For purposes of computing the interest charge (in the absence of actual information provided on a statement described in §1.6048-4(c)), the U.S. person must assume that the applicable number of years the trust has been in existence is ten years and that no taxes described in section 665(d) have been imposed on the trust in any applicable previous year (even if a distribution had been made and tax under section 665(d) had been imposed).
(B)
Year of trust termination
. Unless paragraph (d)(3)(iii) of this section applies, the tax consequences of a distribution in the year a foreign trust terminates are determined by treating the distribution as an accumulation distribution within the meaning of section 665(b) that is subject to an interest charge under section 668 for any amount in excess of the portion of the distribution that is treated as a distribution of current income described in paragraph (d)(3)(i)(A) of this section.
(ii)
Consequences to trust
. A foreign trust must determine the income tax consequences of distributions to U.S. persons by applying the applicable rules of part I of subchapter J of chapter 1 of the Internal Revenue Code.
(iii)
Actual calculation method in year of foreign trust termination after using the default calculation method
. A U.S. person who has previously used the default calculation method with respect to distributions from a foreign trust may, for the year in which the foreign trust terminates, determine the tax consequences of a distribution from the same trust by using the actual calculation method provided that, before the due date of the U.S. person’s income tax return (including extensions), the trust provides to the U.S. person complete and accurate information about all previous distributions from such foreign trust. The U.S. person must use this information to recalculate the tax effect of all previous distributions from such foreign trust under the actual calculation method in order to determine the portion attributable to current income, accumulated income, and principal in the year that the foreign trust terminates. A U.S. person described in this paragraph (d)(3)(iii) may not use the actual calculation method for the year that the foreign trust terminates if the U.S. person knows or has reason to know that the information provided by the foreign trust is incorrect.
(iv)
Example
. The following example illustrates the rules of paragraph (d)(3)(i) of this section. B, a U.S. person, is a beneficiary of a foreign nongrantor trust, FT, that was established in Year 1. In Year 2, Year 3, and Year 4, B received distributions from FT of $100x, $200x, and $300x respectively. In Year 5, B receives a $400x distribution from FT. To determine the tax consequences of the Year 5 distribution, B applies the default calculation method. Under the default calculation method, the average distribution that B received from FT during the preceding three years is $200x and 125% of such average distribution is $250x. Therefore, $250x of the Year 5 distribution is treated as a distribution of current income and the remaining $150x is treated as an accumulation distribution. The $150x that is treated as an accumulation distribution is subject to an interest charge under section 668. B must report the distribution and the default calculation on Part III of Form 3520 for Year 5.
(e)
Distribution treated as accumulation distribution if records are not provided
. If adequate records are not provided to the Commissioner to determine the proper treatment of any distribution from a foreign trust (within the meaning of paragraph (b) of this section) other than a loan or use of trust property that is not treated as a section 643(i) distribution under §1.643(i)-1, the entire distribution will be treated as an accumulation distribution includible in the gross income of the U.S. person who received the distribution under chapter 1 of the Internal Revenue Code. However, if the trustee of a foreign trust authorizes a U.S. person to act as the trust’s limited agent under rules prescribed in §1.6048-3(d), then the tax consequences of the distribution may be determined under the rules described in paragraph (d)(1) of this section.
(f)
Interaction with §1.6039F-1
. If a U.S. person receives a distribution from a foreign trust, the U.S. person must report the distribution under paragraph (a) of this section and not under §1.6039F-1(a), regardless of whether the distribution is taxable to the U.S. person receiving the distribution.
See
§1.6039F-1(b).
(g)
Examples
. The following examples illustrate the rules of this section. In each example, X is a U.S. citizen, FT is a foreign trust, and FC is a foreign corporation.
(1)
Example 1: Payment of liability treated as distribution.
X owes $1,000x to Y for services that Y performed for X. In satisfaction of X’s liability to Y, FT transfers to Y property with a fair market value of $1,000x. Under paragraph (b)(1) of this section, FT’s transfer of property to Y is constructively received by X from FT, and is a distribution in the amount of $1,000x to X for purposes of this section. Under paragraph (a) of this section, X must report the distribution on Part III of Form 3520.
(2)
Example 2: Assumption of liability treated as distribution.
The facts are the same as in paragraph (g)(1) of this section (
Example 1
) except that FT assumes X’s liability to pay Y. The result is the same as in paragraph (g)(1) of this section (
Example 1
).
(3)
Example 3: Trust’s partial guarantee of U.S. person’s obligation treated as distribution from foreign trust
. Y lends $1,000x of cash to X in exchange for X’s obligation to repay the loan. X is a U.S. person. FT guarantees the repayment of $600x of X’s obligation. Under paragraph (b)(5)(i)(A) of this section, FT’s guarantee of X’s obligation is a distribution from FT to X in the amount of $600x. Under paragraph (a) of this section, X must report the distribution on Part III of Form 3520.
(4)
Example 4: Section 643(i) loan not in exchange for qualified obligation
. X’s sister, A, and A’s husband, B, are both U.S. citizens. X, A, and B are U.S. persons within the meaning of §1.643(i)-1(d)(12), and X is related to B under §1.643(i)-1(d)(9). B is a beneficiary of FT, a nongrantor trust. In Year 1, FT lends $100x to X in exchange for a demand note that permits FT to require repayment by X at any time. The demand note issued by X is not a qualified obligation within the meaning of §1.643(i)-2(b)(2)(iii) because X’s obligation to FT could remain outstanding for more than five years. Accordingly, the loan from FT to X is treated as a section 643(i) distribution of $100x to B under §1.643(i)-1(a). The loan is a distribution from FT to X and B under paragraph (b)(5)(ii) of this section. Under paragraphs (a) and (b)(5)(iii) of this section, X and B each must report the distribution on Part III of Form 3520.
(5)
Example 5: Section 643(i) loan in exchange for qualified obligation
. The facts are the same as in paragraph (g)(4) of this section (
Example 4
) except that the loan cannot remain outstanding for more than five years and it is a qualified obligation within the meaning of §1.643(i)-2(b)(2)(iii). Although the loan is not a section 643(i) distribution within the meaning of §1.643(i)-1(a), the loan nevertheless is a distribution from FT to X and to B under paragraph (b)(5)(ii) of this section. Under paragraphs (a) and (b)(5)(iii) of this section, X and B each must report the distribution on Part III of Form 3520.
(6)
Example 6: Distribution through intermediary
. Y, a nonresident alien, created FT in 1980 for the benefit of Y’s children and their descendants, all of whom are U.S. persons. FT’s trustee, T, determines that $100x of accumulated income should be distributed to X, one of Y’s children. Pursuant to a plan with a principal purpose of avoiding the interest charge that would be imposed on an accumulation distribution from a foreign trust by section 668, T makes a gratuitous transfer from FT of $100x to N, a foreign person. N subsequently makes a gratuitous transfer of $100x to X. Under §1.643(h)-1(a)(1), FT is deemed to have made an accumulation distribution of $100x to X. The distribution through N as the intermediary is treated as a distribution under paragraph (b)(2)(i) of this section. Under paragraphs (a) and (b)(2)(iii) of this section, X must report the distribution on Part III of Form 3520.
(7)
Example 7: Excess payment in exchange for property
. X transfers to FT property with a fair market value of $200x in exchange for a payment of $500x. Under paragraph (b)(1) of this section, the excess amount of $300x is treated as a distribution from FT to X. Under paragraph (a) of this section, X must report the distribution of $300x on Part III of Form 3520.
(8)
Example 8: Excess payment in exchange for services
. X receives a payment of $100x from FT purportedly in exchange for X’s performance of services as a trustee of FT. The fair market value of the services performed is $20x. Under paragraph (b)(1) of this section, X is treated as receiving a distribution of $80x from FT. Under paragraph (a) of this section, X must report the distribution of $80x on Part III of Form 3520.
(9)
Example 9: Distribution from entity owned by foreign trust
. FT owns all of the outstanding stock of FC. FC distributes $100x directly to X, a related person within the meaning of §1.679-1(c)(5) with respect to FT. Because FT is the sole shareholder of FC, X is unable to demonstrate to the satisfaction of the Commissioner that the distribution is properly attributable to X’s ownership interest in FC. Accordingly, under paragraph (b)(3) of this section, X is treated as receiving a distribution of $100x from FT. Under paragraph (a) of this section, X must report the distribution of $100x on Part III of Form 3520.
(10)
Example 10: Distribution from entity co-owned by foreign trust
. FC has 100 outstanding shares of stock. FT owns 25 shares of FC stock, X owns 50 shares, and N, a nonresident alien, owns the remaining 25 shares. In Year 1, FC distributes a dividend of $25x to each of FT and N and $50x to X. Because the distribution was made to FT, X, and N in proportion to their ownership interests in FC and X reports $50x as a dividend on X’s timely filed income tax return for Year 1, X is able to demonstrate to the satisfaction of the Commissioner that the distribution is properly attributable to X’s ownership interest in FC. Accordingly, under paragraph (b)(3) of this section, X is not treated as receiving a reportable distribution of $50x from FT.
(11)
Example 11: Foreign trust becomes domestic trust
. FB, a foreign bank, resigns as trustee of FT, and DB, a domestic bank, becomes the new trustee of FT. Pursuant to section 7701(a)(30)(E), FT becomes a domestic trust, DT. Under paragraph (b)(4) of this section, DT is treated as receiving a distribution of the trust corpus and income from FT. Under paragraph (a) of this section, DT must report the deemed distribution of the trust corpus and income on Part III of Form 3520 for the year in which the inbound migration occurs.
(12)
Example 12: Distribution received by domestic trust
. T, as trustee of FT, has the power to decant. Exercising that power, T distributes the trust corpus and income of FT to DT, a domestic trust. Neither FT nor DT is a grantor trust. Under paragraph (b)(1) and (4) of this section, DT receives a distribution of the trust corpus and income from FT. Under paragraph (a) of this section, DT must report the distribution of the trust corpus and income on Part III of Form 3520 for the year in which the decanting occurs.
(13)
Example 13: Distribution received by U.S. owner
. X is treated as the owner of FT under section 679. X receives a distribution from FT. Under paragraph (a) of this section, X must report the distribution on Part III of Form 3520.
(14)
Example 14: Distribution from trust owned by another person
. X receives a distribution from FT. Y, a nonresident alien, is treated as the owner of FT under the grantor trust rules. X receives a completed Foreign-Owned Grantor Trust Beneficiary Statement. Under paragraph (a) of this section and §1.6048-6(b), X must file Form 3520 for the year of the distribution.
(15)
Example 15: Use of default calculation method if statement not provided
. The facts are the same as in paragraph (g)(14) (
Example 14
) except that X does not receive a Foreign-Owned Grantor Trust Beneficiary Statement from FT. Pursuant to paragraph (d)(3) of this section, X must determine the tax consequences of the distribution using the default calculation method. Under the default calculation method, X must include the distribution in income in accordance with rules prescribed in paragraph (d)(3) of this section and in the Instructions for Form 3520 for the applicable taxable year.
(16)
Example 16: Distribution attributable to covered gift
. Z relinquishes Z’s U.S. citizenship on September 15, Year 1. Z is a covered expatriate within the meaning of section 877A(g)(1). On August 1, Year 2, Z creates and transfers $300x to a foreign trust, FT, for the benefit of Z’s son, S, a U.S. citizen. On December 30, Year 3, S receives a $40x distribution from FT. Whether or not the entire amount of the distribution is a covered gift within the meaning of section 2801(e), under paragraph (b)(7) of this section, the $40x is a distribution. Under paragraph (a) of this section, S must report the distribution on Part III of Form 3520. S also may have additional reporting requirements under section 2801 for the covered gift.
§1.6048-5 Exceptions.
(a)
Exceptions under section 6048(a)(3)(B)
. For purposes of §1.6048-2, a reportable event does not include any of the following:
(1) Any transfer of property to a foreign trust to the extent the transfer is a transfer for fair market value within the meaning of §1.679-4(b), provided that the transfer is not one made by a U.S. person that is a related person (as defined in §1.679-1(c)(5)) with respect to the foreign trust in exchange for an obligation of the trust or of a related person (without regard to whether such obligation is a qualified obligation described in §1.679-4(d));
(2) Any transfer of property to a foreign trust described in section 402(b), 404(a)(4), or 404A; and
(3) Any transfer of property to a foreign trust, provided that the trust has received a determination letter from the Commissioner that has not been revoked recognizing that the foreign trust is exempt from Federal income tax under section 501(a) as an organization described in section 501(c)(3).
(b)
Exceptions for certain tax-favored foreign trusts
—(1)
In general
. Sections 6048(a) through 6048(c) and §§1.6048-2 through 1.6048-4 do not apply to any eligible individual’s transactions with, or ownership of, a tax-favored foreign retirement trust as defined under paragraph (b)(2) of this section or a tax-favored foreign non-retirement savings trust as defined under paragraph (b)(3) of this section. For purposes of this paragraph (b)(1), an
eligible individual
means an individual who is, or at any time was, a U.S. person and who, for any period during which an amount of tax may be assessed under section 6501 (without regard to section 6501(c)(8)), is compliant (or comes into compliance) with all requirements for filing a Federal income tax return (or returns) covering the period such individual was a U.S. person, and to the extent required under U.S. tax law, has reported as income any contributions to, earnings of, or distributions from an applicable tax-favored foreign trust on the applicable return (including on an amended return).
(2)
Tax-favored foreign retirement trust
. For purposes of this section, a
tax-favored foreign retirement trust
means a foreign trust that is created, organized, or otherwise established under the laws of a foreign jurisdiction (
the trust’s jurisdiction
) as a trust, plan, fund, scheme, or other arrangement (collectively, a
trust
) to operate exclusively or almost exclusively to provide, or to earn income for the provision of, pension or retirement benefits and ancillary or incidental benefits, and that meets the following requirements established by the laws of the jurisdiction governing the trust:
(i) The trust generally is exempt from income tax or otherwise is tax-favored under the laws of the trust’s jurisdiction. For purposes of this section, a trust is tax-favored under the laws of the trust’s jurisdiction if it meets any one or more of the following conditions:
(A) Contributions to the trust that otherwise would be subject to tax are deductible or excluded from income, are taxed at a reduced rate, give rise to a tax credit, or otherwise are eligible for another tax benefit (such as a government subsidy or contribution); or
(B) Taxation of investment income earned by the trust is deferred until distribution or the investment income is taxed at a reduced rate (including exempt from tax).
(ii) Annual information reporting with respect to the trust (or of its participants or beneficiaries) is provided, or otherwise is available, to the relevant tax authorities in the trust’s jurisdiction.
(iii) Generally, only contributions with respect to income earned from the performance of personal services are permitted (with allowances made for limited contributions made by unemployed individuals).
(iv) The trust meets either the value threshold in paragraph (b)(2)(iv)(
) or any one of the contribution limitations in paragraph (b)(2)(iv)(
) of this section:
Value threshold
. The aggregate value of the trust(s) in the trust’s jurisdiction is limited to no more than $600,000 at any point during the taxable year (as adjusted under paragraph (b)(2)(iv)(
) of this section) regardless of the number of trusts established.
Contribution limitations
. The contributions to the trust(s) in the trust’s jurisdiction are limited to any one of the following:
) A percentage of earned income of the participant,
ii
) An annual limit of $75,000 (as adjusted under paragraph (b)(2)(iv)(
) of this section) or less, or
iii
) A lifetime limit of $1,000,000 (as adjusted under paragraph (b)(2)(iv)(
) of this section) or less.
Dollar limitations subject to adjustments
—(
) The value threshold in paragraph (b)(2)(iv)(
) and contribution limits in paragraph (b)(2)(iv)(
) of this section are determined using the U.S. Treasury Bureau of Fiscal Service foreign currency conversion rate on July 1 of the tax year (available at https://fiscaldata.treasury.gov/datasets/treasury-reporting-rates-exchange/treasury-reporting-rates-of-exchange).
ii
) In the case of calendar years beginning on or after January 1, 2025, the amounts under paragraph (b)(2)(iv)(
) and paragraph (b)(2)(iv)(
) of this section will be adjusted at the same time and in the same manner as the amounts are adjusted under section 415(d), except that the base period will be the calendar quarter beginning July 1, 2024.
(v) Withdrawals, distributions, or payments from the trust are conditioned upon reaching a specified retirement age, disability, or death, or penalties apply to withdrawals, distributions, or payments made before such conditions are met. A trust that otherwise meets the requirements of this paragraph (b)(2)(v), but that allows withdrawals, distributions, or payments for in-service loans or for reasons such as hardship, educational purposes, or the purchase of a primary residence, will be treated as meeting the requirements of this paragraph.
(vi) In the case of an employer-maintained trust:
(A) The trust is nondiscriminatory insofar as a wide range of employees, including rank and file employees, must be eligible to make or receive contributions or accrue benefits under the terms of the trust (alone or in combination with other comparable plans);
(B) The trust (alone or in combination with other comparable plans) actually provides significant benefits for a substantial majority of eligible employees; and
(C) The benefits actually provided under the trust to eligible employees are nondiscriminatory.
(3)
Tax-favored foreign non-retirement savings trust
. For purposes of this section, a
tax-favored foreign non-retirement savings trust
means a foreign trust that is created, organized, or otherwise established under the laws of a foreign jurisdiction (
the trust’s jurisdiction
) as a trust, plan, fund, scheme, or other arrangement (collectively, a
trust
) to operate exclusively or almost exclusively to provide, or to earn income for the provision of, medical, disability, or educational benefits, and that meets the following requirements established by the laws of the trust’s jurisdiction:
(i) The trust generally is exempt from income tax or otherwise is tax-favored under the laws of the trust’s jurisdiction as defined in paragraph (b)(2)(i) of this section.
(ii) Annual information reporting with respect to the trust (or of its participants or beneficiaries) is provided, or otherwise is available, to the relevant tax authorities in the trust’s jurisdiction.
(iii) Contributions to the trust are limited to $10,000 (multiplied by the cost-of-living adjustment determined under section 1(f)(3) for the calendar year by substituting “calendar year 2020” for “calendar year 2016” in section 1(f)(3)(A)(ii) and rounding to the nearest multiple of $1,000) or less annually, or $200,000 (multiplied by the cost-of-living adjustment determined under section 1(f)(3) for the calendar year by substituting “calendar year 2020” for “calendar year 2016” in section 1(f)(3)(A)(ii) and rounding to the nearest multiple of $1,000) or less on a lifetime basis, determined using the U.S. Treasury Bureau of Fiscal Service foreign currency conversion rate on the last day of the tax year (available at https://fiscaldata.treasury.gov/datasets/treasury-reporting-rates-exchange/treasury-reporting-rates-of-exchange).
(iv) Withdrawals, distributions, or payments from the trust are conditioned upon the provision of medical, disability, or educational benefits, or apply penalties to withdrawals, distributions, or payments made before such conditions are met.
(4)
Tax-favored foreign de minimis savings trusts
. For purposes of this section, a
tax-favored foreign de minimis savings trust
means a foreign trust that is created, organized, or otherwise established under the laws of a foreign jurisdiction (
the trust’s jurisdiction
) as a trust, plan, fund, scheme, or other arrangement (collectively, a
trust
) to operate as a savings vehicle, that is not treated as a
tax-favored foreign retirement trust
, as described in paragraph (b)(2) or a
tax-favored foreign non-retirement savings trust
, as described in paragraph (b)(3), and that meets each of the following requirements:
(i) The trust generally is exempt from income tax or otherwise is tax-favored under the laws of the trust’s jurisdiction as defined in paragraph (b)(2)(i) of this section;
(ii) Annual information reporting with respect to the trust (or of its participants or beneficiaries) is provided, or otherwise is available, to the relevant tax authorities in the trust’s jurisdiction pursuant to the laws of the trust’s jurisdiction; and
(iii) The aggregate value of the trust(s) in the trust’s jurisdiction is limited to no more than $50,000 at any point during the taxable year (multiplied by the cost-of-living adjustment determined under section 1(f)(3) for the calendar year by substituting “[the year of the date of publication of the final regulations in the
Federal Register
]” for “calendar year 2016” in section 1(f)(3)(A)(ii) and rounding to the nearest multiple of $1,000) regardless of the number of trusts established. The $50,000 is determined using the U.S. Treasury Bureau of Fiscal Service foreign currency conversion rate on the last day of the tax year (available at https://fiscaldata.treasury.gov/datasets/treasury-reporting-rates-exchange/treasury-reporting-rates-of-exchange).
(5)
Certain rollovers and transfers
. A trust that otherwise meets the requirements of paragraphs (b)(2) or (b)(3) of this section will not fail to be treated as a tax-favored foreign retirement or non-retirement savings trust within the meaning of this paragraph (b) solely because it may receive a rollover of assets or funds transferred from another tax-favored foreign retirement or non-retirement savings trust established and operated under the laws of the same jurisdiction, provided that the trust transferring assets or funds also meets the requirements of this paragraph (b)(2) or (b)(3), as applicable (but this paragraph does not apply to transfers between tax-favored retirement trusts and non-retirement savings trusts).
(c)
Exception for distributions from certain foreign compensatory trusts
. Section 6048(c) does not apply to a distribution received by a U.S. person from a foreign trust described in §1.672(f)-3(c)(1) provided that the U.S. person includes in income any amounts accumulated on behalf of, or distributed by the trust, to the U.S. person to the extent such amounts are required to be included in income (other than amounts that are exempt from Federal income tax under a bilateral income tax treaty or any other bilateral agreement to which the United States is a party) of the U.S. person, including pursuant to section 409A(b).
(d)
Exception for certain distributions received by domestic section 501(c)(3) organizations
. Section 6048(c) does not apply to a distribution from a foreign trust received by a domestic organization, provided that the organization has received a determination letter from the Commissioner that has not been revoked recognizing that the domestic organization is exempt from Federal income tax under section 501(a) as an organization described in section 501(c)(3).
(e)
Exception for certain mirror code possession trusts
. Sections 6048(a) through 6048(c) do not apply to a trust located in a mirror code possession to the extent the responsible party (within the meaning of section 6048(a)(4)), U.S. owner, or U.S. recipient is a bona fide resident (within the meaning of §1.937-1(b)) of such mirror code possession. For purposes of this paragraph (e), a mirror code possession is a possession of the United States where, under the income tax system of the possession, the income tax liability of the residents of the possession is determined by reference to the income tax laws of the United States as if the possession were the United States, and a trust is located in a mirror code possession if a court within the mirror code possession is able to exercise primary supervision over the administration of the trust and one or more bona fide residents of the mirror code possession have the authority to control all substantial decisions of the trust.
§1.6048-6 Special rules.
(a)
Special rules
—(1)
Dual resident taxpayers
. If a dual resident taxpayer (within the meaning of §301.7701(b)-7(a)(1) of this chapter) computes U.S. income tax liability as a nonresident alien on the last day of the taxable year and complies with the filing requirements of §301.7701(b)-7(b) and (c) of this chapter, the dual resident taxpayer is not treated as a U.S. person for purposes of section 6048 with respect to the portion of the taxable year the dual resident taxpayer is treated as a nonresident alien for purposes of computing U.S. income tax liability.
(2)
Dual status taxpayers
. If a taxpayer abandons U.S. citizenship or residence during the taxable year or acquires U.S. citizenship or residence during the taxable year as provided in §1.6012-1(b)(2)(ii), the taxpayer will is not treated as a U.S. person for purposes of §§1.6048-1 through 1.6048-7 with respect to the portion of the taxable year the taxpayer was treated as a nonresident alien for purposes of computing U.S. income tax liability.
(b)
Effect of ownership under the grantor trust rules
. The fact that a portion of a foreign trust is treated as owned by the grantor or another person under subpart E of part I of subchapter J of chapter 1 of the Internal Revenue Code is irrelevant for purposes of determining whether a U.S. person makes a transfer to, or receives a distribution from, a foreign trust that must be reported under §§1.6048-2 through 1.6048-4.
See
§1.6048-4(g)(13) and (14).
(c) [Reserved]
(d)
Married U.S. persons filing a joint income tax return
. Married U.S. persons who file a joint income tax return under section 6013 for a tax year, and each of whom is subject to the information reporting requirements under §§1.6048-2(a) (as a grantor or transferor under §§1.6048-2(c)(1) and (2) required to file Part I of Form 3520), 1.6048-3(a)(2) (as a U.S. owner of a foreign trust required to file a substitute Form 3520-A), or 1.6048-4(a) (as a U.S. recipient of a distribution from a foreign trust required to file Part III of Form 3520) for the same foreign trust, may together file a single Form 3520, Annual Return to Report Transactions with Foreign Trusts and Receipt of Certain Foreign Gifts, for that year at the time and in the manner described in §§1.6048-2 through 1.6048-6. For purposes of filing a substitute Form 3520-A under §1.6048-3(a)(2), a separate Foreign Grantor Trust Owner statement must be completed and attached for each married U.S. person.
See
§1.6677-1(f) with respect to liability for penalties.
§1.6048-7 Applicability dates.
(a)
In general
. The rules of §§1.6048-1 through 1.6048-4 and §1.6048-6 apply as follows:
(1) Section 1.6048-1 applies after the [date of publication of the final regulations in the
Federal Register
].
(2) To the extent related to §1.6048-2, including the relevant portions of §1.6048-6, the rules apply to reportable events occurring after the [date of publication of the final regulations in the
Federal Register
].
(3) To the extent related to §1.6048-3, including the relevant portions of §1.6048-6, the rules apply to taxable years of U.S. persons beginning after the [date of publication of the final regulations in the
Federal Register
].
(4) To the extent related to §1.6048-4, including the relevant portions of §1.6048-6, the rules apply to distributions received after the [date of publication of the final regulations in the
Federal Register
].
(b)
Special rule for §1.6048-5
. Section 1.6048-5 applies as follows—
(1) To the extent related to reportable events under section 6048(a) and the regulations under section 6048 in this part, the rules apply to reportable events occurring after the [date that final regulations are published in the
Federal Register
].
(2) To the extent related to ownership of a foreign trust under section 6048(b) and the regulations under section 6048 in this part, the rules apply to taxable years of U.S. owners beginning after the [date that final regulations are published in the
Federal Register
]; and
(3) To the extent related to distributions from a foreign trust under section 6048(c) and the regulations under section 6048 in this part, the rules apply to distributions received after the [date that final regulations are published in the
Federal Register
].
Par. 10. Section 1.6677-1 is added to read as follows:
§1.6677-1 Failure to file information with respect to certain foreign trusts.
(a)
Civil penalty
—(1)
In general
. In addition to any criminal penalty provided by law, and subject to the rules of paragraph (b) of this section (concerning reporting required under §1.6048-3) and the rules of paragraph (a)(3) of this section (regarding the maximum penalty that may be assessed), if any notice or return required to be filed by §§1.6048-2 through 1.6048-4 is not timely filed, or contains incomplete or incorrect information, then with respect to each failure to comply with §§1.6048-2 through 1.6048-4, the person required to file such notice or return must pay a penalty equal to the greater of $10,000 or 35 percent of the gross reportable amount (within the meaning of paragraph (c) of this section).
(2)
Penalty for continuing failure
. Subject to the rules of paragraph (a)(3) of this section (regarding the maximum penalty that may be assessed), if any failure described in paragraph (a)(1) of this section continues for more than 90 days after the day on which the Commissioner mails notice of such failure to the person required to pay the penalty, the person must pay an additional penalty (in addition to the amount determined under paragraph (a)(1) of this section) of $10,000 for each 30-day period (or fraction thereof) during which the failure continues after the expiration of the 90-day period.
(3)
Maximum penalty
—(i)
Limited to gross reportable amount
. At such time as the gross reportable amount with respect to any failure can be determined by the Commissioner, the aggregate amount of the penalties imposed under paragraphs (a)(1) and (2) of this section will be reduced as necessary to ensure that the amount does not exceed the gross reportable amount with respect to that failure (and to the extent that the aggregate amount already collected exceeds the gross reportable amount, the Commissioner will refund the excess amount pursuant to section 6402).
(ii)
Period of limitations on refund of excess amounts
. The limitations period provided for claims for refund under section 6511(a) and (b) applies to the refund of any excess amount.
(b)
Special rules for returns under §1.6048-3
. In the case of a Form 3520-A or a substitute Form 3520-A, including attached statements, that are required to be filed and furnished under §1.6048-3(a)—
(1) The U.S. person who is treated as the owner of the foreign trust (or a portion of the foreign trust) is liable for the penalty imposed by paragraph (a) of this section for the failure to comply with §1.6048-3(a), and
(2) Paragraph (a) of this section is applied by substituting “5 percent” for “35 percent.”
(c)
Gross reportable amount
—(1)
In general
. For purposes of paragraph (a) of this section, the term
gross reportable amount
means—
(i) The gross value of the property involved in the reportable event (determined as of the date of the event) in the case of a failure relating to §1.6048-2,
(ii) The gross value of the portion of the trust’s assets at the close of the trust’s taxable year treated as owned by the U.S. person in the case of each applicable failure relating to §1.6048-3, and
(iii) The gross amount of the distribution in the case of a failure relating to §1.6048-4.
(2)
Gross value and gross amount
. The gross value or gross amount of property is determined in accordance with the valuation principles of sections 2512 and 2031 and the regulations under sections 2512 and 2031 in this part, though, in all events, without regard to any taxes, expenses, liabilities, or restrictions on the sale or use of the property.
(d)
Reasonable cause exception
—(1)
In general
. Paragraph (a) of this section does not apply to any failure to file information with respect to a foreign trust if the person required to file such information submits a reasonable cause statement to the Commissioner under penalties of perjury and demonstrates to the satisfaction of the Commissioner that the failure is due to reasonable cause and not due to willful neglect. The determination of whether a taxpayer acted with reasonable cause and not with willful neglect is made under the principles set out in §1.6664-4 and §301.6651-1(c) of this chapter. This determination is made on a case-by-case basis, taking into account all pertinent facts and circumstances.
(2)
Examples of situations that do not satisfy the reasonable cause exception
. Examples of facts that do not constitute reasonable cause for purposes of this paragraph (d) include but are not limited to the following:
(i) The fact that a foreign jurisdiction would impose a civil or criminal penalty on such person (or any other person) for disclosing the required information.
(ii) Refusal on the part of a foreign trustee to provide information for any reason, including difficulty in producing the required information or the existence of provisions in the trust instrument that prevent the disclosure of required information.
(e)
Deficiency procedures do not apply
. Subchapter B of chapter 63 (relating to deficiency procedures for income, estate, gift, and certain excise taxes) does not apply in respect of the assessment or collection of any penalty imposed under this section.
(f)
Married U.S. persons filing a joint income tax return
—(1)
In general
. For purposes of this section, married U.S. persons who file one Form 3520 with respect to the same foreign trust under §1.6048-6(d) for a tax year are treated as if they are a single U.S. person for that year.
(2)
Anti-abuse rule
. For purposes of this section, the Commissioner may treat married U.S. persons who file a joint income tax return under section 6013 for a tax year as a single U.S. person for that year, unless the Commissioner determines that, based on all the facts and circumstances, only one of the married individuals was subject to the information reporting requirement under §§1.6048-2 through 1.6048-4 (for example, because only one spouse had an interest in the property constituting the transfer to, or receipt from, a foreign trust).
(3)
Joint and several liability
. If married U.S. persons are treated as a single U.S. person for a tax year, such married U.S. persons have joint and several liability with respect to any penalties imposed under this section.
(g)
Examples
. The following examples illustrate the rules of this section. In each example, X is a U.S. person and FT is a foreign trust.
(1)
Example 1: Partial reporting
. X transfers property worth $100,000 to FT but reports only $40,000 of that amount on Part I of Form 3520 pursuant to §1.6048-2. X does not demonstrate to the satisfaction of the Commissioner that X’s failure to report the correct amount was due to reasonable cause and not due to willful neglect. Under paragraph (a)(1) of this section, penalties will be imposed only on the unreported $60,000.
(2)
Example 2: Maximum penalty limited to gross reportable amount
. X receives a distribution of $100,000 from FT in Year 1 but fails to report the distribution as required by §1.6048-4(a). The Commissioner learns about the distribution but does not have enough information to determine the gross reportable amount. On January 2, Year 4, the Commissioner mails a notice of the reporting failure to X and assesses a penalty of $10,000 under paragraph (a)(1) of this section. X does not comply with X’s reporting requirement within 90 days after the day that the Commissioner mails the notice (by April 2, Year 4), so the Commissioner begins to assess additional penalties of $10,000 under paragraph (a)(2) of this section for each 30-day period (or fraction thereof), beginning on April 2, Year 4, during which the failure continues. By the time X complies with X’s reporting requirement, the aggregate penalties assessed with respect to X’s failure to report the distribution total $150,000. Under paragraph (a)(3)(i) of this section, the maximum penalty that the Commissioner may assess with respect to this failure is $100,000 (the applicable gross reportable amount determined under paragraph (c)(1)(iii) of this section), and the Commissioner must abate the excess $50,000 of assessed penalties.
(3)
Example 3: Maximum penalty limited to gross reportable amount below $10,000 minimum
. Assume the same facts as in Example 2 above except that instead of a $100,000 distribution, X receives a distribution of $4,000 from FT. By the time X complies with X’s reporting requirement, the aggregate penalties assessed with respect to X’s failure to report the distribution total $20,000. Under paragraph (a)(3)(i) of this section, the maximum penalty that the Commissioner may assess with respect to this failure is $4,000 (the applicable gross reportable amount determined under paragraph (c)(1)(iii) of this section), and the Commissioner must abate the excess $16,000 of assessed penalties.
(4)
Example 4: Multiple failures over multiple years
. X created FT in Year 1 and is treated as the owner of FT under the grantor trust rules. The trustee of FT fails to file a Form 3520-A with respect to FT for Year 2 and Year 3 as required by §1.6048-3(a)(1), and X fails to file a substitute Form 3520-A and a Form 3520 (as required by §1.6048-3(a)(2)) for the same period. (In Year 4, X replaces the trustee, and the new trustee files a Form 3520-A for Year 4.) Under paragraphs (a)(1) and (b) of this section, X is subject to one penalty for Year 2 and one penalty for Year 3 for the failure to comply with §1.6048-3(a)(1) and (a)(2) for those years.
(5)
Example 5: Distribution from foreign-owned grantor trust through an intermediary
. Y, a nonresident alien, is treated as the owner of FT under section 676, after the application of section 672(f). X receives a distribution from FT through an intermediary as described in §1.6048-4(b)(2)(i). X does not include the distribution in gross income and does not report the distribution on Part III of Form 3520 as required by §1.6048-4(a). Even if the Commissioner determines that X was not required to include the distribution in gross income, X is liable for penalties imposed by paragraph (a)(1) of this section based on the gross reportable amount determined under paragraph (c)(1)(iii) of this section because X is required to report indirect transfers of property under §1.6048-4(b)(2)(iv).
(6)
Example 6: Multiple failures in multiple years
. (i)
Facts
. On December 31, Year 1, X creates FT and makes a gratuitous transfer of property with a value of $100,000 to FT. X is treated as the sole owner of FT under the grantor trust rules. During Year 2, X makes no transfers to FT and receives no distributions from FT. At the end of Year 2, the value of FT’s assets is $110,000. During Year 3, X makes no transfers to FT, but X receives a distribution of $30,000. At the end of Year 3, the value of FT’s assets is $85,000. X does not file any Forms 3520 or substitute Forms 3520-A for Year 1 through Year 3. The Trustee of FT does not file any Forms 3520-A for Year 1 through Year 3.
(ii)
Analysis
–(A)
Year 1
. For Year 1, X is subject to two penalties under paragraphs (a)(1) and (b) of this section: a $35,000 penalty (the greater of $10,000 or $35,000 (35% of $100,000)) for failure to comply with §1.6048-2(a) and a $10,000 penalty (the greater of $10,000 or $5,000 (5% of $100,000)) for failure to comply with §1.6048-3(a). If X does not comply with X’s reporting requirements for Year 1 within 90 days after the day on which the Commissioner mails notice of the reporting failures to X, X will be subject to additional penalties under paragraph (a)(2) of this section of $10,000 per failure per 30-day period (or fraction thereof) ($20,000 in the aggregate per 30-day period (or fraction thereof)) during which the failure continues. Under paragraph (a)(3)(i) of this section, the aggregate amount of the penalty imposed under paragraphs (a)(1) and (2) of this section with respect to each failure will not exceed the gross reportable amount for that failure.
(B)
Year 2
. For Year 2, X is subject to one penalty under paragraphs (a)(1) and (b) of this section: a $10,000 penalty (the greater of $10,000 or $5,500 (5% of $110,000)) for failure to comply with §1.6048-3(a). If X does not comply with X’s reporting requirements for Year 2 within 90 days after the day on which the Commissioner mails notice of the reporting failures to X, X will be subject to additional penalties under paragraph (a)(2) of this section of $10,000 per failure per 30-day period (or fraction thereof) ($10,000 per 30-day period (or fraction thereof)) during which the failure continues. Under paragraph (a)(3)(i) of this section, the aggregate amount of the penalty imposed under paragraphs (a)(1) and (2) of this section with respect to each failure will not exceed the gross reportable amount for that failure.
(C)
Year 3
. For Year 3, X is subject to two penalties under paragraphs (a)(1) and (b) of this section: a $10,000 penalty (the greater of $10,000 or 4,250 (5% of $85,000)) for failure to comply with §1.6048-3(a), and a penalty of $10,500 (the greater of $10,000 or $10,500 (35% of $30,000)) for failure to comply with §1.6048-4. If X does not comply with X’s reporting requirements for Year 3 within 90 days after the day on which the Commissioner mails notice of the reporting failures to X, X will be subject to additional penalties under paragraph (a)(2) of this section of $10,000 per failure per 30-day period (or fraction thereof) ($20,000 in the aggregate per 30-day period (or fraction thereof)) during which the failure continues. Under paragraph (a)(3)(i) of this section, the aggregate amount of the penalty imposed under paragraphs (a)(1) and (2) of this section with respect to each failure will not exceed the gross reportable amount for that failure.
(iii)
Conclusion
. X is subject to aggregate penalties of $75,500 under paragraphs (a)(1) and (b) of this section: $45,000 for Year 1, $10,000 for Year 2, and $20,500 for Year 3. X may be subject to additional penalties under paragraph (a)(2) of this section if X fails to comply with X’s reporting requirements within 90 days after the day on which the Commissioner mails notice of each failure to X. Under paragraph (a)(3)(i) of this section, the aggregate amount of the penalty imposed under paragraphs (a)(1) and (2) of this section with respect to each failure will not exceed the gross reportable amount for that failure.
(7)
Example 7: Interaction with §1.6039F-1
. In Year 1, X receives $500,000 from FT that X treats as a gift. Under §1.6048-4(d) and §1.6039F-1(b), X is required to report the amount as a distribution under §1.6048-4 and not as a foreign gift under §1.6039F-1(a). However, based on the advice of X’s tax advisor, X reports the distribution under §1.6039F-1(a) and not under §1.6048-4. X’s failure to report the distribution under §1.6048-4 is subject to penalties under §1.6677-1(a) unless X demonstrates to the satisfaction of the Commissioner that such failure is due to reasonable cause and not due to willful neglect. The fact that X reported the distribution under §1.6039F-1(a) based on the advice of X’s tax advisor is a factor that may be taken into account in determining whether X’s failure to report the distribution under §1.6048-4 was due to reasonable cause. X’s reliance on X’s tax advisor’s advice can only constitute reasonable cause, however, if, under all the circumstances, the reliance was reasonable within the meaning of §1.6664-4(c).
(8)
Example 8: Presumption that FT has a U.S. owner
. X created FT in Year 1 and transferred $100,000 to FT. X reported the transfer to FT on Part I of Form 3520 for Year 1, but did not complete the other parts of Form 3520. X did not file any Forms 3520 with respect to FT in Year 2 or subsequent years. FT has not filed any Forms 3520-A with respect to FT (and X has not filed any substitute Forms 3520-A). Pursuant to §1.679-2(d)(2), the Commissioner sends a written notice to X requesting additional information related to the trust and its potential beneficiaries. X does not respond. Under §1.679-2(d)(1), FT is treated as having a U.S. beneficiary. Under §1.679-1(a), X is treated as the owner of FT. Under paragraphs (a) and (b) of this section, X is subject to penalties for Year 1 and subsequent years for failure to comply with §1.6048-3(a).
(9)
Example 9: Penalty for failure to report loan that is not treated as a section 643(i) distribution
. FT is not treated as being owned by X or any other person under the grantor trust rules. X receives a loan of cash from FT and in exchange issues an obligation to FT that is a qualified obligation within the meaning of §1.643(i)-2(b)(2)(iii). Provided the obligation does not cease to be a qualified obligation, the loan will not be a section 643(i) distribution under §1.643(i)-1(a) and therefore will not be taxable to X. However, the loan is a distribution within the meaning of §1.6048-4(b)(3) that must be reported on Part III of Form 3520 under §1.6048-4(a). X fails to report the loan. X is subject to penalties under §1.6677-1(a) unless X demonstrates to the satisfaction of the Commissioner that such failure is due to reasonable cause and not due to willful neglect.
(10)
Example 10: Joint and several penalties
. X and Y are married U.S. persons who file a joint income tax return under section 6013. In Year 1, X and Y create FT and fund the trust with $100,000 for the benefit of their U.S. children. X and Y jointly file their income tax return for the Year 1 tax year but fail to file a Form 3520 reporting the transfer of assets to a foreign trust pursuant to §1.6048-2. In addition, FT has not filed any Forms 3520-A with respect to FT (and X and Y have not filed any substitute Forms 3520-A) pursuant to §1.6048-3(a). For the Year 1 tax year, X and Y are jointly and severally liable for penalties under paragraph (a) of this section pursuant to paragraph (f)(2) and (3) of this section.
(h)
Applicability dates
—(1)
Reportable events
. To the extent related to §1.6048-2, this section applies to reportable events occurring after the [date of publication of the final regulations in the
Federal Register
].
(2)
U.S owners of foreign trusts
. To the extent related to §1.6048-3, this section applies to taxable years of U.S. persons beginning after the [date of publication of the final regulations in the
Federal Register
].
(3)
Reporting by U.S. persons receiving distributions from foreign trusts
. To the extent related to §1.6048-4, this section applies to distributions received after the [date of publication of the final regulations in the
Federal Register
].
Douglas W. O’Donnell,
Deputy Commissioner
(Filed by the Office of the Federal Register May 7, 2024, 8:45 a.m., and published in the issue of the Federal Register for May 8, 2024, 89 FR 39440)
Part IV
Deletions From Cumulative List of Organizations, Contributions to Which are Deductible Under Section 170 of the Code
Announcement 2024-22
Table of Contents
The Internal Revenue Service has revoked its determination that the organizations listed below qualify as organizations described in sections 501(c)(3) and 170(c)(2) of the Internal Revenue Code of 1986.
Generally, the IRS will not disallow deductions for contributions made to a listed organization on or before the date of announcement in the Internal Revenue Bulletin that an organization no longer qualifies. However, the IRS is not precluded from disallowing a deduction for any contributions made after an organization ceases to qualify under section 170(c)(2) if the organization has not timely filed a suit for declaratory judgment under section 7428 and if the contributor (1) had knowledge of the revocation of the ruling or determination letter, (2) was aware that such revocation was imminent, or (3) was in part responsible for or was aware of the activities or omissions of the organization that brought about this revocation.
If on the other hand a suit for declaratory judgment has been timely filed, contributions from individuals and organizations described in section 170(c)(2) that are otherwise allowable will continue to be deductible. Protection under section 7428(c) would begin on June 10, 2024 and would end on the date the court first determines the organization is not described in section 170(c)(2) as more particularly set for in section 7428(c)(1). For individual contributors, the maximum deduction protected is $1,000, with a husband and wife treated as one contributor. This benefit is not extended to any individual, in whole or in part, for the acts or omissions of the organization that were the basis for revocation.
Name Of Organization
Effective Date of Revocation
Location
Love Louder
1/1/2021
Catawba, VA
Best Florida Beer, Inc.
1/1/2018
Clearwater, FL
Deletions From Cumulative List of Organizations, Contributions to Which are Deductible Under Section 170 of the Code
Announcement 2024-23
The Internal Revenue Service has revoked its determination that the organization listed below qualifies as an organization described in sections 501(c)(3) and 170(c)(2) of the Internal Revenue Code of 1986.
Generally, the IRS will not disallow deductions for contributions made to a listed organization on or before the date of announcement in the Internal Revenue Bulletin that an organization no longer qualifies. However, the IRS is not precluded from disallowing a deduction for any contributions made after an organization ceases to qualify under section 170(c)(2) if the organization has not timely filed a suit for declaratory judgment under section 7428 and if the contributor (1) had knowledge of the revocation of the ruling or determination letter, (2) was aware that such revocation was imminent, or (3) was in part responsible for or was aware of the activities or omissions of the organization that brought about this revocation.
If on the other hand a suit for declaratory judgment has been timely filed, contributions from individuals and organizations described in section 170(c)(2) that are otherwise allowable will continue to be deductible. Protection under section 7428(c) would begin on January 1, 2018 and would end on the date the court first determines the organization is not described in section 170(c)(2) as more particularly set for in section 7428(c)(1). For individual contributors, the maximum deduction protected is $1,000, with a husband and wife treated as one contributor. This benefit is not extended to any individual, in whole or in part, for the acts or omissions of the organization that were the basis for revocation.
The Following organization is no longer qualified as an organization exempt from income tax under Internal Revenue Code (the “Code”) Section 501(a) as an organization described in Section 501(c)(3) of the Code:
NAME OF ORGANIZATION
EFFECTIVE DATE OF REVOCATION
LOCATION
FUNCTIONAL HEALTH INC.
1/1/2018
ATLANTA GA
Updated Reference Standard 90.1 for § 179D
Announcement 2024-24
This announcement notifies taxpayers of the applicable Reference Standard 90.1 required under § 179D(c)(2) of the Internal Revenue Code (Code) as part of the definition of energy efficient commercial building property (EECBP). This announcement supplements and supersedes Announcement 2023-1, 2023-3 I.R.B. 422 (2023), by affirming ASHRAE/IES Reference Standard 90.1-2022 (Reference Standard 90.1-2022) as the applicable Reference Standard 90.1 for EECBP placed in service after December 31, 2028, and the construction of which did not begin by December 31, 2022. The effective date of this announcement is May 17, 2024.
Section 179D provides a deduction for the cost of EECBP placed in service during the taxable year. Section 179D(c)(1) defines EECBP as property (A) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, (B) which is installed on or in any building located in the United States and within the scope of Reference Standard 90.1, (C) which is installed as part of (i) the interior lighting systems, (ii) the heating, cooling, ventilation, and hot water systems, or (iii) the building envelope, and (D) which is certified in accordance with § 179D(d)(5) as being installed as part of a plan designed to reduce the total annual energy and power costs with respect to the interior lighting systems, heating, cooling, ventilation, and hot water systems of the building by 25 percent or more in comparison to a reference building that meets the minimum requirements of Reference Standard 90.1 using methods of calculation under § 179D(d)(1).
Since § 179D was enacted in 2005, § 179D(c)(2) has provided as the applicable reference standard for EECBP a version of Reference Standard 90.1 as published by the American Society of Heating, Refrigerating, and Air Conditioning Engineers (ASHRAE) and the Illuminating Engineering Society of North America (IES). For EECBP placed in service before January 1, 2015, Reference Standard 90.1-2001 applied. For EECBP placed in service after December 31, 2014, and before January 1, 2021, Reference Standard 90.1-2007 applied. For EECBP placed in service after December 31, 2020, § 179D(c)(2), as amended by the Taxpayer Certainty and Disaster Relief Act of 2020, defined “Reference Standard 90.1” to mean, with respect to any property, the most recent Standard 90.1 published by the ASHRAE and the IES that has been affirmed by the Secretary of the Treasury or her delegate (Secretary), after consultation with the Secretary of Energy, for purposes of § 179D not later than the date that is 2 years before the date that construction of such property begins. This statutory amendment changed the reference date for application of Reference Standard 90.1 from the placed in service date to the beginning of construction date.
Section 13303 of Public Law 117-169, 136 Stat. 1818, 1947 (August 16, 2022), commonly known as the Inflation Reduction Act of 2022 (IRA), amended § 179D for taxable years beginning after December 31, 2022. This amendment returned the reference date for application of Reference Standard 90.1 to the date the EECBP is placed in service. Section 179D(c)(2), as amended, defines the term “Reference Standard 90.1” as meaning, with respect to any property, the more recent of:
(A) Standard 90.1-2007 published by the ASHRAE and the IES, or
(B) The most recent Standard 90.1 published by the ASHRAE and the IES for which the Department of Energy (DOE) has issued a final determination and which has been affirmed by the Secretary, after consultation with the Secretary of Energy, for purposes of § 179D not later than the date that is 4 years before the date such property is placed in service.
For EECBP placed in service after December 31, 2026, and for which construction began after December 31, 2022, Reference Standard 90.1-2019 applies.
On March 6, 2024, the DOE determined that the updated edition Reference Standard 90.1-2022
would improve energy efficiency in commercial buildings. Upon publication of this affirmative determination, each State is required to review the provisions of its commercial building code regarding energy efficiency, and, as necessary, update its codes to meet or exceed Reference Standard 90.1-2022 not later than 2 years from March 6, 2024.
The Secretary, after consultation with the Secretary of Energy, hereby affirms Reference Standard 90.1-2022 as the applicable Reference Standard 90.1 for purposes of calculating the annual energy and power consumption and costs with respect to the interior lighting systems, heating, cooling, ventilation, and hot water systems of the reference building as follows: Reference Standard 90.1-2022 will be the applicable standard for EECBP that is placed in service after December 31, 2028. Taxpayers for whose EECBP construction began by December 31, 2022, or who already placed EECBP in service or will place EECBP in service by December 31, 2028, are not subject to Reference Standard 90.1-2022. The table below provides the applicable Reference Standard 90.1 based on the date the EECBP is placed in service. Taxpayers for whose EECBP construction began before January 1, 2023, may apply Reference Standard 90.1-2007 regardless of when the EECBP is placed in service.
Date EECBP Placed in Service
Applicable Reference Standard 90.1
Before 1/1/2015
Reference Standard 90.1-2001
After 12/31/2014 and before 1/1/2027
Reference Standard 90.1-2007
After 12/31/2026 and before 1/1/2029
Reference Standard 90.1-2019
After 12/31/2028
Reference Standard 90.1-2022
The principal author of this announcement is the Office of Associate Chief Counsel (Passthroughs & Special Industries). However, other personnel from the Treasury Department and the IRS participated in its development. For further information regarding this announcement, call the energy security guidance contact number at (202) 317-5254 (not a toll-free number).
See Announcement 2023-1.
Final Determination Regarding Energy Efficiency Improvement in ANSI/ASHRAE/IES Standard 90.1-2022, 89 FR 15983 (March 6, 2024).
Definition of Terms
Revenue rulings and revenue procedures (hereinafter referred to as “rulings”) that have an effect on previous rulings use the following defined terms to describe the effect:
Amplified
describes a situation where no change is being made in a prior published position, but the prior position is being extended to apply to a variation of the fact situation set forth therein. Thus, if an earlier ruling held that a principle applied to A, and the new ruling holds that the same principle also applies to B, the earlier ruling is amplified. (Compare with
modified
, below).
Clarified
is used in those instances where the language in a prior ruling is being made clear because the language has caused, or may cause, some confusion. It is not used where a position in a prior ruling is being changed.
Distinguished
describes a situation where a ruling mentions a previously published ruling and points out an essential difference between them.
Modified
is used where the substance of a previously published position is being changed. Thus, if a prior ruling held that a principle applied to A but not to B, and the new ruling holds that it applies to both A and B, the prior ruling is modified because it corrects a published position. (Compare with
amplified
and
clarified
, above).
Obsoleted
describes a previously published ruling that is not considered determinative with respect to future transactions. This term is most commonly used in a ruling that lists previously published rulings that are obsoleted because of changes in laws or regulations. A ruling may also be obsoleted because the substance has been included in regulations subsequently adopted.
Revoked
describes situations where the position in the previously published ruling is not correct and the correct position is being stated in a new ruling.
Superseded
describes a situation where the new ruling does nothing more than restate the substance and situation of a previously published ruling (or rulings). Thus, the term is used to republish under the 1986 Code and regulations the same position published under the 1939 Code and regulations. The term is also used when it is desired to republish in a single ruling a series of situations, names, etc., that were previously published over a period of time in separate rulings. If the new ruling does more than restate the substance of a prior ruling, a combination of terms is used. For example,
modified
and
superseded
describes a situation where the substance of a previously published ruling is being changed in part and is continued without change in part and it is desired to restate the valid portion of the previously published ruling in a new ruling that is self contained. In this case, the previously published ruling is first modified and then, as modified, is superseded.
Supplemented
is used in situations in which a list, such as a list of the names of countries, is published in a ruling and that list is expanded by adding further names in subsequent rulings. After the original ruling has been supplemented several times, a new ruling may be published that includes the list in the original ruling and the additions, and supersedes all prior rulings in the series.
Suspended
is used in rare situations to show that the previous published rulings will not be applied pending some future action such as the issuance of new or amended regulations, the outcome of cases in litigation, or the outcome of a Service study.
Abbreviations
The following abbreviations in current use and formerly used will appear in material published in the Bulletin.
—Individual.
Acq.
—Acquiescence.
—Individual.
BE
—Beneficiary.
BK
—Bank.
B.T.A.
—Board of Tax Appeals.
—Individual.
C.B.
—Cumulative Bulletin.
CFR
—Code of Federal Regulations.
CI
—City.
COOP
—Cooperative.
Ct.D.
—Court Decision.
CY
—County.
—Decedent.
DC
—Dummy Corporation.
DE
—Donee.
Del. Order
—Delegation Order.
DISC
—Domestic International Sales Corporation.
DR
—Donor.
—Estate.
EE
—Employee.
E.O.
—Executive Order.
ER
—Employer.
ERISA
—Employee Retirement Income Security Act.
EX
—Executor.
—Fiduciary.
FC
—Foreign Country.
FICA
—Federal Insurance Contributions Act.
FISC
—Foreign International Sales Company.
FPH
—Foreign Personal Holding Company.
F.R.
—Federal Register.
FUTA
—Federal Unemployment Tax Act.
FX
—Foreign corporation.
G.C.M.
—Chief Counsel’s Memorandum.
GE
—Grantee.
GP
—General Partner.
GR
—Grantor.
IC
—Insurance Company.
I.R.B.
—Internal Revenue Bulletin.
LE
—Lessee.
LP
—Limited Partner.
LR
—Lessor.
—Minor.
Nonacq.
—Nonacquiescence.
—Organization.
—Parent Corporation.
PHC
—Personal Holding Company.
PO
—Possession of the U.S.
PR
—Partner.
PRS
—Partnership.
PTE
—Prohibited Transaction Exemption.
Pub. L.
—Public Law.
REIT
—Real Estate Investment Trust.
Rev. Proc.
—Revenue Procedure.
Rev. Rul.
—Revenue Ruling.
—Subsidiary.
S.P.R.
—Statement of Procedural Rules.
Stat.
—Statutes at Large.
—Target Corporation.
T.C.
—Tax Court.
T.D.
—Treasury Decision.
TFE
—Transferee.
TFR
—Transferor.
T.I.R.
—Technical Information Release.
TP
—Taxpayer.
TR
—Trust.
TT
—Trustee.
U.S.C.
—United States Code.
—Corporation.
—Corporation.
—Corporation.
Numerical Finding List
Numerical Finding List
Bulletin 2024–24
Announcements:
Article
Issue
Link
Page
2024-1
2024-02 I.R.B.
2024-02
363
2024-3
2024-02 I.R.B.
2024-02
364
2024-5
2024-05 I.R.B.
2024-05
635
2024-6
2024-05 I.R.B.
2024-05
635
2024-4
2024-06 I.R.B.
2024-06
665
2024-7
2024-07 I.R.B.
2024-07
673
2024-8
2024-07 I.R.B.
2024-07
674
2024-9
2024-07 I.R.B.
2024-07
675
2024-12
2024-08 I.R.B.
2024-08
676
2024-11
2024-08 I.R.B.
2024-08
683
2024-13
2024-10 I.R.B.
2024-10
710
2024-10
2024-11 I.R.B.
2024-11
711
2024-14
2024-12 I.R.B.
2024-12
719
2024-15
2024-15 I.R.B.
2024-15
876
2024-16
2024-16 I.R.B.
2024-16
909
2024-17
2024-16 I.R.B.
2024-16
932
2024-19
2024-17 I.R.B.
2024-17
950
2024-20
2024-19 I.R.B.
2024-19
1069
2024-18
2024-21 I.R.B.
2024-21
1234
2024-21
2024-21 I.R.B.
2024-21
1236
2024-22
2024-24 I.R.B.
2024-24
1673
2024-23
2024-24 I.R.B.
2024-24
1674
2024-24
2024-24 I.R.B.
2024-24
1675
Notices:
Article
Issue
Link
Page
2024-1
2024-02 I.R.B.
2024-02
314
2024-2
2024-02 I.R.B.
2024-02
316
2024-3
2024-02 I.R.B.
2024-02
338
2024-4
2024-02 I.R.B.
2024-02
343
2024-5
2024-02 I.R.B.
2024-02
347
2024-6
2024-02 I.R.B.
2024-02
348
2024-7
2024-02 I.R.B.
2024-02
355
2024-8
2024-02 I.R.B.
2024-02
356
2024-9
2024-02 I.R.B.
2024-02
358
2024-11
2024-02 I.R.B.
2024-02
360
2024-10
2024-03 I.R.B.
2024-03
406
2024-12
2024-05 I.R.B.
2024-05
616
2024-13
2024-05 I.R.B.
2024-05
618
2024-16
2024-05 I.R.B.
2024-05
622
2024-18
2024-05 I.R.B.
2024-05
625
2024-19
2024-05 I.R.B.
2024-05
627
2024-21
2024-06 I.R.B.
2024-06
659
2024-22
2024-06 I.R.B.
2024-06
662
2024-20
2024-07 I.R.B.
2024-07
668
2024-23
2024-07 I.R.B.
2024-07
672
2024-24
2024-10 I.R.B.
2024-10
707
2024-25
2024-12 I.R.B.
2024-12
712
2024-26
2024-12 I.R.B.
2024-12
713
2024-27
2024-12 I.R.B.
2024-12
715
2024-28
2024-13 I.R.B.
2024-13
720
2024-29
2024-14 I.R.B.
2024-14
751
2024-31
2024-15 I.R.B.
2024-15
869
Notices:—Continued
Article
Issue
Link
Page
2024-30
2024-16 I.R.B.
2024-16
878
2024-32
2024-16 I.R.B.
2024-16
897
2024-33
2024-18 I.R.B.
2024-18
959
2024-34
2024-18 I.R.B.
2024-18
960
2024-35
2024-19 I.R.B.
2024-19
1051
2024-37
2024-21 I.R.B.
2024-21
1191
2024-38
2024-21 I.R.B.
2024-21
1211
2024-36
2024-24 I.R.B.
2024-24
1479
2024-39
2024-24 I.R.B.
2024-24
1611
2024-40
2024-24 I.R.B.
2024-24
1612
2024-41
2024-24 I.R.B.
2024-24
1615
Proposed Regulations:
Article
Issue
Link
Page
REG-118492-23
2024-02 I.R.B.
2024-02
366
REG-107423-23
2024-03 I.R.B.
2024-03
411
REG-121010-17
2024-05 I.R.B.
2024-05
636
REG-101552-24
2024-13 I.R.B.
2024-13
741
REG-117631-23
2024-14 I.R.B.
2024-14
754
REG-108761-22
2024-16 I.R.B.
2024-16
933
REG-117542-22
2024-16 I.R.B.
2024-16
942
REG-123379-22
2024-16 I.R.B.
2024-16
952
REG-115710-22
2024-20 I.R.B.
2024-20
1070
REG-118499-23
2024-20 I.R.B.
2024-20
1167
REG-117631-23
2024-21 I.R.B.
2024-21
1237
REG-124850-08
2024-24 I.R.B.
2024-24
1624
Revenue Procedures:
Article
Issue
Link
Page
2024-1
2024-01 I.R.B.
2024-01
2024-2
2024-01 I.R.B.
2024-01
119
2024-3
2024-01 I.R.B.
2024-01
143
2024-4
2024-01 I.R.B.
2024-01
160
2024-5
2024-01 I.R.B.
2024-01
262
2024-7
2024-01 I.R.B.
2024-01
303
2024-8
2024-04 I.R.B.
2024-04
479
2024-9
2024-05 I.R.B.
2024-05
628
2024-12
2024-09 I.R.B.
2024-09
677
2024-13
2024-09 I.R.B.
2024-09
678
2024-14
2024-09 I.R.B.
2024-09
682
2024-15
2024-12 I.R.B.
2024-12
717
2024-11
2024-13 I.R.B.
2024-13
721
2024-17
2024-15 I.R.B.
2024-15
873
2024-18
2024-15 I.R.B.
2024-15
874
2024-19
2024-16 I.R.B.
2024-16
899
2024-20
2024-19 I.R.B.
2024-19
1053
2024-21
2024-19 I.R.B.
2024-19
1054
2024-24
2024-21 I.R.B.
2024-21
1214
2024-22
2024-22 I.R.B.
2024-22
1332
2024-25
2024-22 I.R.B.
2024-22
1333
2024-23
2024-23 I.R.B.
2024-23
1334
Revenue Rulings:
Article
Issue
Link
Page
2024-1
2024-02 I.R.B.
2024-02
307
2024-2
2024-02 I.R.B.
2024-02
311
2024-3
2024-06 I.R.B.
2024-06
646
2024-5
2024-07 I.R.B.
2024-07
666
Revenue Rulings:—Continued
Article
Issue
Link
Page
2024-4
2024-10 I.R.B.
2024-10
686
2024-6
2024-10 I.R.B.
2024-10
688
2024-7
2024-14 I.R.B.
2024-14
749
2024-8
2024-16 I.R.B.
2024-16
877
2024-9
2024-19 I.R.B.
2024-19
964
2024-10
2024-22 I.R.B.
2024-22
1240
2024-11
2024-24 I.R.B.
2024-24
1459
Treasury Decisions:
Article
Issue
Link
Page
9984
2024-03 I.R.B.
2024-03
386
9985
2024-05 I.R.B.
2024-05
573
9986
2024-05 I.R.B.
2024-05
610
9987
2024-06 I.R.B.
2024-06
648
9988
2024-15 I.R.B.
2024-15
794
9989
2024-15 I.R.B.
2024-15
850
9990
2024-19 I.R.B.
2024-19
966
9992
2024-21 I.R.B.
2024-21
1175
9995
2024-22 I.R.B.
2024-22
1241
9996
2024-22 I.R.B.
2024-22
1317
A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2023–27 through 2023–52 is in Internal Revenue Bulletin 2023–52, dated December 26, 2023.
Finding List of Current Actions on Previously Published Items
Bulletin 2024–24
How to get the Internal Revenue Bulletin
INTERNAL REVENUE BULLETIN
The Introduction at the beginning of this issue describes the purpose and content of this publication. The weekly Internal Revenue Bulletins are available at
www.irs.gov/irb/.
We Welcome Comments About the Internal Revenue Bulletin
If you have comments concerning the format or production of the Internal Revenue Bulletin or suggestions for improving it, we would be pleased to hear from you. You can email us your suggestions or comments through the IRS Internet Home Page
www.irs.gov
) or write to the
Internal Revenue Service, Publishing Division, IRB Publishing Program Desk, 1111 Constitution Ave. NW,
IR-6230
Washington
DC
20224.
Page Last Reviewed or Updated: 07-Jun-2024
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