Announcement 2014–38 provides guidance with respect to jurisdictions that are treated as if they had a FATCA intergovernmental agreement (IGA) in effect pursuant to Announcement 2014–17, 2014–18 I.R.B. 1001, but that do not sign the IGA before December 31, 2014. Announcement 2014–38 provides that a jurisdiction that is treated as if it had an IGA in effect, but that has not yet signed an IGA, retains such status beyond December 31, 2014, provided that the jurisdiction demonstrates firm resolve to sign the IGA as soon as possible. After December 31, 2014, Treasury will review the list of jurisdictions having an agreement in substance on a monthly basis to assess whether it continues to be appropriate to treat such a jurisdiction as if it had an IGA in effect or whether a jurisdiction should be removed from the list.

This announcement addresses the transfer of certain technical responsibility for issues involving exempt organizations, qualified retirement plans, and individual retirement annuities and accounts (IRAs) to the Office of Chief Counsel that will occur with the realignment of the Tax Exempt and Government Entities Division (TE/GE).

This announcement corrects Notice 2014–70 as published on November 24, 2014 (2014–48 I.R.B. 905) which contains a typographical error in the header before the second paragraph.

This announcement addresses the transfer of certain technical responsibility for issues involving exempt organizations, qualified retirement plans, and individual retirement annuities and accounts (IRAs) to the Office of Chief Counsel that will occur with the realignment of the Tax Exempt and Government Entities Division (TE/GE).

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).

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).

This Announcement serves notice to donors that on March 26, 2014, the United States Tax Court entered a stipulated decision. Effective January 1, 2013, the organization listed below is not qualified as an organization described in I.R.C. Section 501(c)(3), as amended, and is not exempt from taxation under I.R.C. Section 501(a).

This announcement addresses the transfer of certain technical responsibility for issues involving exempt organizations, qualified retirement plans, and individual retirement annuities and accounts (IRAs) to the Office of Chief Counsel that will occur with the realignment of the Tax Exempt and Government Entities Division (TE/GE). As a result of the realignment occurring at the beginning of 2015, the technical responsibility for preparing revenue rulings, revenue procedures, and certain other forms of published guidance, and issuing technical advice and certain letter rulings, will shift from TE/GE to the Office of Associate Chief Counsel (Tax Exempt and Government Entities) (TEGE Counsel). The annual revenue procedures addressing these matters will be updated in January of 2015 to reflect this realignment.

On January 2, 2015, the authority to prepare revenue rulings, revenue procedures, announcements, and notices, and to issue technical advice (including technical advice memoranda (TAMs)), certain letter rulings, and certain information letters on matters involving exempt organizations, qualified retirement plans, and IRAs will be shifted to TEGE Counsel. TEGE Counsel will be responsible for the issuance of letter rulings except for the letter rulings listed below. In addition, TEGE Counsel will be responsible for ruling on issues involving employer deductions for contributions to welfare benefit funds. The realignment will not affect the procedures that apply for requesting a change in accounting method. Organizations seeking those rulings should continue to use Form 3115 and related instructions.

The Employee Plans office of TE/GE (Employee Plans) will retain the authority to issue determination letters and the Exempt Organizations office of TE/GE (Exempt Organizations) will retain the authority to issue determination letters, including determination letters on the exempt status of organizations under §§ 501(c) and 521.

After January 1, 2015, Employee Plans will retain the authority to issue letter rulings on the following subject matters:

After January 1, 2015, Exempt Organizations will retain the authority to issue determination letters, including determinations regarding the following miscellaneous determinations requested using Form 8940, Request for Miscellaneous Determinations:

Each year, the IRS issues revenue procedures regarding the furnishing of rulings and other technical guidance. For 2014, Rev. Procs. 2014–1, 2014–1 I.R.B. 1, and 2014–2, 2014–1 I.R.B. 90, describe how the Associate Chief Counsel offices issue letter rulings, information letters, and TAMs on matters within the jurisdiction of those offices. Rev. Proc. 2014–3, 2014–1 I.R.B. 111, lists the areas under the jurisdiction of the Associate Chief Counsel offices on which the IRS will not issue rulings. Rev. Procs. 2014–4 through 2014–6, 2014–9, and 2014–10 describe how TE/GE issues rulings, information letters, TAMs, and determination letters on matters under the jurisdiction of that office. Rev. Proc. 2014–4, 2014–1 I.R.B. 125; Rev. Proc. 2014–5, 2014–1 I.R.B. 169; Rev. Proc. 2014–6, 2014–1 I.R.B. 198; Rev. Proc. 2014–9, 2014–2 I.R.B. 281; and Rev. Proc. 2014–10, 2014–2 I.R.B. 293. Rev. Proc. 2014–8, 2014–1 I.R.B. 242, describes the user fees required to obtain a ruling or determination from TE/GE.

The annual updates of Rev. Procs. 2014–1 through 2014–4 and 2014–8 will reflect the transfer of authority described herein from TE/GE to TEGE Counsel. Aside from minor changes, the realignment will not affect the annual updates of Rev. Procs. 2014–6, 2014–9, and 2014–10. Because the authority for issuing all TAMs will shift to TEGE Counsel after January 1, 2015, for years after 2014 there will be no revenue procedure covering issuance of TAMs by TE/GE. Instead, Rev. Proc. 2015–5 will incorporate and update Rev. Proc. 2014–40, 2014–30 I.R.B. 229, which describes the processing of applications for recognition of exemption on Form 1023–EZ, Streamlined Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code. Taxpayers should refer to Rev. Procs. 2015–1 through 2015–3 regarding the procedures for letter rulings and TAMs requested from or issued by TEGE Counsel after January 1, 2015 (including procedures that may affect letter rulings and TAMs that were requested from TE/GE before January 2, 2015). Letter ruling requests that were submitted to TE/GE before January 2, 2015, and that are pending on that date, will be transferred to TEGE Counsel without the need for the taxpayer that requested the ruling to take any action.

This announcement was drafted by TE/GE with the assistance of TEGE Counsel. For further information regarding the changes to exempt organizations issues described in this announcement, contact TEGE Counsel at (202) 317-5800. For further information regarding the changes to employee plans issues described in this announcement, contact TEGE Counsel at (202) 317-6799.

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 December 15, 2014, and, and would end on the date the court first determines the organization is not described in section 170(c)(2) as more particularly set forth 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.

Notice 2014–70 as published on November 24, 2014 (2014–48 I.R.B. 905) contains a typographical error in the header before the second paragraph. The header refers to “2014,” but the correct year is “2015.” The header is amended to delete “2014” and replace it with “2015”.

Since the 2012 release of the Model 1 and Model 2 intergovernmental agreements (IGAs) to implement the Foreign Account Tax Compliance Act (FATCA), there has been widespread interest from jurisdictions around the world in entering into IGAs. Announcement 2014–17 (2014–18 I.R.B. 1001) was issued to provide certainty to foreign financial institutions (FFIs) and other stakeholders with respect to the status of FFIs in jurisdictions that reached an agreement in substance on the terms of an IGA on or before June 30, 2014, provided that the IGA is signed by December 31, 2014. In light of the large number of IGAs that were agreed in substance but have not yet been signed, however, stakeholders recently have expressed concern about the practical challenges presented by the requirement that all of these IGAs be signed by December 31, 2014, in order for jurisdictions with an agreed-in-substance IGA to continue to be treated as if they had an IGA in effect. This announcement provides additional guidance with respect to jurisdictions that are treated as if they had an IGA in effect pursuant to Announcement 2014–17 but that do not sign the IGA before December 31, 2014. It also provides guidance with respect to certain jurisdictions that reached an agreement in substance on the terms of an IGA after June 30, 2014.

The principal author of this announcement is Tara Ferris of the Office of Associate Chief Counsel (International). For further information regarding this announcement, contact Ms. Ferris at (202) 317-6942 (not a toll-free number).

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 December 15, 2014, and would end on the date the court first determines the organization is not described in section 170(c)(2) as more particularly set forth 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.

This announcement serves notice to donors that on March 26, 2014, the United States Tax Court entered a stipulated decision. Effective January 1, 2013, the organization listed below is not qualified as an organization described in I.R.C. Section 501(c)(3), as amended, and is not exempt from taxation under I.R.C Section 501(a).

Exegetical Institute, Inc.

Kingsland, GA