The IRS today released an advance version of Notice 2018-35 to provide transitional guidance under new Code section 451(c), which allows accrual method taxpayers to elect a limited deferral of the inclusion of income associated with certain advance payments.
Notice 2018-35 [PDF 23 KB] states that the rules in new Code section 451(c) largely track the approach taken by the IRS in Rev. Proc. 2004-34, and that the IRS and Treasury Department expect to issue future guidance regarding the treatment of advance payments to implement this legislative change.
Today’s IRS notice states that taxpayers (with or without applicable financial statements) receiving advance payments may continue to rely on Rev. Proc. 2004-34 until future guidance is effective.
The new tax law (Pub. L. No. 115-97, enacted December 22, 2017) added section 451(c) to the Code effectively to codify a deferral method of accounting for advance payment for goods and services, as previously allowed under Rev. Proc. 2004-34. New section 451(c) allows accrual method taxpayers to elect a limited deferral of income associated with certain advance payments.
Rev. Proc. 2004-34 [PDF 108 KB] provides two methods of accounting for the treatment of advance payments for goods, services, and other designated items:
The new tax law provides that an accrual method taxpayer generally must include an advance payment in gross income in the tax year of receipt, but alternatively, that accrual method taxpayers may elect to defer the recognition of all (or a portion) of an advance payment to the tax year following the tax year of receipt—except for the portion of the advance payment that must be included in gross income in the year of receipt pursuant to section 451(b).
Today’s IRS notice states that the Treasury and IRS expect to issue guidance for the treatment of advance payments to implement the changes to section 451 made by the new tax law. Until that guidance is issued, taxpayers may continue to rely on Rev. Proc. 2004-34 for the treatment of advance payments.
Today’s notice states that the IRS will not challenge a taxpayer’s use of Rev. Proc. 2004-34 to satisfy the requirements of section 451, but that the IRS “will continue to verify on examination that taxpayers are properly applying Rev. Proc. 2004-34.”
The IRS also intends to modify Rev. Proc. 2017-30 to enable taxpayers to make a change to a method of accounting that is permitted under Rev. Proc. 2004-34, and to waive the general limitation under which the same method of accounting may not be changed automatically twice within the same five tax years.
Comments are requested as to the future guidance, and are due by May 14, 2018.
© 2019 KPMG LLP, a Delaware limited liability partnership and the U.S. member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”), a Swiss entity. All rights reserved.KPMG International Cooperative (“KPMG International”) is a Swiss entity.
Member firms of the KPMG network of independent firms are affiliated with KPMG International. KPMG International provides no client services. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm.
The KPMG logo and name are trademarks of KPMG International. KPMG International is a Swiss cooperative that serves as a coordinating entity for a network of independent member firms. KPMG International provides no audit or other client services. Such services are provided solely by member firms in their respective geographic areas. KPMG International and its member firms are legally distinct and separate entities. They are not and nothing contained herein shall be construed to place these entities in the relationship of parents, subsidiaries, agents, partners, or joint venturers. No member firm has any authority (actual, apparent, implied or otherwise) to obligate or bind KPMG International or any member firm in any manner whatsoever. The information contained in herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. For more information, contact KPMG's Federal Tax Legislative and Regulatory Services Group at: + 1 202 533 4366, 1801 K Street NW, Washington, DC 20006.