Internal Revenue Bulletins  

October 11, 1994

Internal Revenue Bulletin No. 1994-41

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INCOME TAX

Rev. Rul. 94-63
Section 1256 contracts marked to market; nonequib options; warrants. Cash-settled options that are based on a stock index and traded on (or subject to the rules of a qualified board or exchange are nonequity options for purposes of section 1256 of the Code if the Securities and Exchange Commission determines that the stock index is "broad-based." For purposes of section 1256, warrants that are based on a stock index and that are, economically, substantially identical in all material respects to options based on a stock index are treated as options based on a stock index.

Rev. Rul. 94-64
LIF0; price indexes; department stores. The August 1994 Bureau of Labor Statistics price indexes are accepted for use by department stores employing the retail inventory and last-in, first-out inventory methods for valuing inventories for tax years ended on, or with reference to, August 31, 1994.


EMPLOYEE PLANS

Announcement 94-121
Form 5310, Application for Determination Upon Termination, and Form 6088, Distributable Benefits from Employee Pension Benefit Plans, have been revised. The revision date is July 1994. After November 1, 1994, Form 6088 will not be required to be filed for fully funded defined contribution plans.


ADMINISTRATIVE

Rev. Proc. 94-64
Low-income housing credit; waiver of annual recertification requirement of section 1.42-5(b)(1)(vi). This procedure informs owners of low-income housing projects how to obtain the annual income recertification waiver provided in section 42(g)(8)(B) of the Code.

Rev. Proc. 94-65
Low-income housing credit; when a signed, sworn statement satisfies the documentation requirement of section 1.42-5(b)(1)(vii). This procedure informs owners of low-income housing projects and housing credit agencies when a signed, sworn statement by a lowincome tenant of that tenant's income from assets will satisfy the documentation requirement of section 1.42-5(b)(1)(vii) of the regulations.

Notice 94-93
The Service and Treasury Department will issue guidance that addresses the tax consequences of inversion transactions. For the purpose of such guidance, an inversion transaction means any transaction that inverts or otherwise reverses (in whole or in part) the position of related corporations (including predecessor or successor corporations).


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