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 1 0.000013699 63 0.000863380 125 0.001713784 2 0.000027397 64 0.000877091 126 0.001727506 3 0.000041096 65 0.000890801 127 0.001741228 4 0.000054796 66 0.000904512 128 0.001754951 5 0.000068495 67 0.000918223 129 0.001768673 6 0.000082195 68 0.000931934 130 0.001782396 7 0.000095894 69 0.000945646 131 0.001796119 8 0.000109594 70 0.000959357 132 0.001809843 9 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 1 0.000013661 63 0.000861020 125 0.001709097 2 0.000027323 64 0.000874693 126 0.001722782 3 0.000040984 65 0.000888366 127 0.001736467 4 0.000054646 66 0.000902040 128 0.001750152 5 0.000068308 67 0.000915713 129 0.001763837 6 0.000081970 68 0.000929387 130 0.001777522 7 0.000095632 69 0.000943061 131 0.001791208 8 0.000109295 70 0.000956735 132 0.001804893 9 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% 9 563 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% 9 563 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% 9 563 3% 11 565 Apr. 1, 2013–Jun. 30, 2013 2% 9 563 3% 11 565 Jul. 1, 2013–Sep. 30, 2013 2% 9 563 3% 11 565 Oct. 1, 2013–Dec. 31, 2013 2% 9 563 3% 11 565 Jan. 1, 2014–Mar. 31, 2014 2% 9 563 3% 11 565 Apr. 1, 2014–Jun. 30, 2014 2% 9 563 3% 11 565 Jul. 1, 2014–Sep. 30, 2014 2% 9 563 3% 11 565 Oct. 1, 2014–Dec. 31, 2014 2% 9 563 3% 11 565 Jan. 1, 2015–Mar. 31, 2015 2% 9 563 3% 11 565 Apr. 1, 2015–Jun. 30, 2015 2% 9 563 3% 11 565 Jul. 1, 2015–Sep. 30, 2015 2% 9 563 3% 11 565 Oct. 1, 2015–Dec. 31, 2015 2% 9 563 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% 9 563 3% 11 565 Apr. 1, 2021–Jun. 30, 2021 2% 9 563 3% 11 565 Jul. 1, 2021–Sep. 30, 2021 2% 9 563 3% 11 565 Oct. 1, 2021–Dec. 31, 2021 2% 9 563 3% 11 565 Jan. 1, 2022–Mar. 31, 2022 2% 9 563 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% 8 562 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% 8 562 Jul. 1, 2009–Sep. 30, 2009 1.5% 8 562 Oct. 1, 2009–Dec. 31, 2009 1.5% 8 562 Jan. 1, 2010–Mar. 31, 2010 1.5% 8 562 Apr. 1, 2010–Jun. 30, 2010 1.5% 8 562 Jul. 1, 2010–Sep. 30, 2010 1.5% 8 562 Oct. 1, 2010–Dec. 31, 2010 1.5% 8 562 Jan. 1, 2011–Mar. 31, 2011 0.5%* Apr. 1, 2011–Jun. 30, 2011 1.5% 8 562 Jul. 1, 2011–Sep. 30, 2011 1.5% 8 562 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% 8 562 Apr. 1, 2017–Jun. 30, 2017 1.5% 8 562 Jul. 1, 2017–Sep. 30, 2017 1.5% 8 562 Oct. 1, 2017–Dec. 31, 2017 1.5% 8 562 Jan. 1, 2018–Mar. 31, 2018 1.5% 8 562 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% 8 562 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)1 (§ 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 Tracts2) 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 2023-44.3 .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 https://eco.energy.gov/48C/, 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 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. 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, CO2-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 CO2e per kg H2, 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, CO2-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: http://www.energy.gov/criticalmaterials. 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 5 [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 5 [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. o 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.1 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. o Annual production capacity includes yield loss and throughput data wherever applicable and possible. o 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. o 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. o 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/production2; 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 (https://www.epa.gov/ejscreen) 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.3 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 CO2 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.4 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 o 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. o The degree to which the investment is profitable, based on the project economics as described in cash flow analysis of the project. o 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. o 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.5 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: o 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 o 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. o 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. o 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. o 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). o 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. o 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. o 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. o 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.6 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 https://eco.energy.gov/48C/ 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 https://eco.energy.gov/48C/ . 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 https://www.energy.gov/infrastructure/48C . 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 1 Unless otherwise specified, all “section” or “§” references are to sections of the Code. 2 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. 3 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. 1 https://www.epa.gov/system/files/documents/2023-01/2022.12.22%20Interim%20Determination%20on%20Low%20Carbon%20Materials%20under%20IRA%2060503%20and%2060506_508.pdf 2 See BLS data on these wage rates here: List of SOC Occupations (bls.gov) 3 https://www.epa.gov/system/files/documents/2023-01/2022.12.22%20Interim%20Determination%20on%20Low%20Carbon%20Materials%20under%20IRA%2060503%20and%2060506_508.pdf 4 https://www.epa.gov/system/files/documents/2023-01/2022.12.22%20Interim%20Determination%20on%20Low%20Carbon%20Materials%20under%20IRA%2060503%20and%2060506_508.pdf 5 https://www.epa.gov/system/files/documents/2023-01/2022.12.22%20Interim%20Determination%20on%20Low%20Carbon%20Materials%20under%20IRA%2060503%20and%2060506_508.pdf 6 https://www.epa.gov/system/files/documents/2023-01/2022.12.22%20Interim%20Determination%20on%20Low%20Carbon%20Materials%20under%20IRA%2060503%20and%2060506_508.pdf 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.1 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,2 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 1 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)). 2 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).1 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, 2024.2 .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: DCPDomestic MSI × Nameplate CapacityDomestic MSI Nameplate CapacityMSI For purposes of this formula: (a) DCPDomestic MSI means the Assigned Cost Percentage derived from Table 1 of this notice of the Mixed Source Item. (b) Nameplate CapacityDomesticMSI 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 CapacityMSI 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 = (DCPPV x Nameplate CapacityPVkW) + (DCPBESS × Nameplate CapacityBESSkWh × BESS Multiplier) Nameplate CapacityPVkW + (Nameplate CapacityBESSkWh × 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) DCPPV 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 CapacityPVkW means the nameplate capacity of the solar PV portion of the Applicable Project, measured in kilowatts of direct current. (c) DCPBESS 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 CapacityBESSkWh 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 Production3 11.54 15.34 6.74 9.64 Inverter Printed Circuit Board Assemblies 3.0 4.0 16.05 2.5 Electrical Parts6 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 3.34 4.44 16.44 2.94 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 6.24 - 6.14 8.74 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 0.97 Wind Tower Flanges Material8 0.8 Production 0.87 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 21.17 27.37 Inverter Printed Circuit Board Assemblies 1.7 3.8 Electrical Parts9 0.6 0.4 Climate Control 0.4 - Enclosure 0.6 0.4 Production 1.97 1.97 Battery Container/Housing Battery Racks and Metal Enclosure 15.8 - Production 6.57 - 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 https://www.regulations.gov (type IRS-2024-0023 in the search field on the https://www.regulations.gov 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 https://www.regulations.gov. 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). 1 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. 2 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). 3 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. 4 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. 5 For purposes of this table, module-level power electronics inverter systems, including either microinverters or direct current (DC) optimizers, are considered an inverter product. 6 Includes transformers, capacitors, inductors, bus/cables, circuit protection not on printed circuit board (PCB) assemblies. 7 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. 8 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. 9 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, 104th 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, 104th 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.4th 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, 104th 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, 105th 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)(1)) 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. A 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 https://www.irs.gov. 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: (1) The obligation is reduced to writing in an express written agreement. (2) 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. (3) All payments on the obligation must be made in cash in U.S. dollars. (4) 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). (5) 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. (6) 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: (1) 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). (2) 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. (3) 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)(1) 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)(2) 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)(1) and (2)), 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)(1) or any one of the contribution limitations in paragraph (b)(2)(iv)(2) of this section: (1) 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)(3) of this section) regardless of the number of trusts established. (2) Contribution limitations. The contributions to the trust(s) in the trust’s jurisdiction are limited to any one of the following: (i) A percentage of earned income of the participant, (ii) An annual limit of $75,000 (as adjusted under paragraph (b)(2)(iv)(3) of this section) or less, or (iii) A lifetime limit of $1,000,000 (as adjusted under paragraph (b)(2)(iv)(3) of this section) or less. (3) Dollar limitations subject to adjustments—(i) The value threshold in paragraph (b)(2)(iv)(1) and contribution limits in paragraph (b)(2)(iv)(2) 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)(1) and paragraph (b)(2)(iv)(2) 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.1 On March 6, 2024, the DOE determined that the updated edition Reference Standard 90.1-20222 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). 1 See Announcement 2023-1. 2 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. A—Individual. Acq.—Acquiescence. B—Individual. BE—Beneficiary. BK—Bank. B.T.A.—Board of Tax Appeals. C—Individual. C.B.—Cumulative Bulletin. CFR—Code of Federal Regulations. CI—City. COOP—Cooperative. Ct.D.—Court Decision. CY—County. D—Decedent. DC—Dummy Corporation. DE—Donee. Del. Order—Delegation Order. DISC—Domestic International Sales Corporation. DR—Donor. E—Estate. EE—Employee. E.O.—Executive Order. ER—Employer. ERISA—Employee Retirement Income Security Act. EX—Executor. F—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. M—Minor. Nonacq.—Nonacquiescence. O—Organization. P—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. S—Subsidiary. S.P.R.—Statement of Procedural Rules. Stat.—Statutes at Large. T—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. X—Corporation. Y—Corporation. Z—Corporation. Numerical Finding List1 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 1 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 1 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 Items1 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.