INCOME TAX

Notice 2013-12 Notice 2013-12

This notice reports the results of the section 48C Phase I program and, as provided by section 48C(d)(4) of the Code, establishes a second phase of the qualifying advanced energy project program (“the section 48C Phase II program”) to distribute the section 48C Phase I credits that are available for re-allocation after review of the section 48C Phase I program.

EMPLOYEE PLANS

Rev. Rul. 2013-2 Rev. Rul. 2013-2

2013 covered compensation tables; permitted disparity. The covered compensation tables under section 401 of the Code for the year 2013 are provided for use in determining contributions to defined benefit plans and permitted disparity.

T.D. 9601 T.D. 9601

Final regulations under section 411(d)(6) of the Code provide guidance under the anti-cutback rules, which generally prohibit plan amendments eliminating or reducing accrued benefits, early retirement benefits, retirement-type subsidies, and optional forms of benefit under qualified retirement plans. The regulations provide an additional limited exception to the anti-cutback rules to permit a plan sponsor that is a debtor in a bankruptcy proceeding to amend its single-employer defined benefit plan to eliminate a single-sum distribution option (or other optional form of benefit providing for accelerated payments) under the plan if certain specified conditions are satisfied.

Notice 2013-6 Notice 2013-6

Weighted average interest rate update; corporate bond indices; 30-year Treasury securities; segment rates. This notice contains updates for the corporate bond weighted average interest rate for plan years beginning in February 2013; the 24-month average segment rates; the funding transitional segment rates applicable for February 2013; and the minimum present value transitional rates for January 2013. The rates in this notice reflect certain changes implemented by the Moving Ahead for Progress in the 21st Century Act, Public Law 112-141 (MAP-21).

EMPLOYMENT TAX

REG-102966-10 REG-102966-10

Proposed regulations under section 3504 of the Code clarify the employment tax obligations of a third party (payor) where the third party enters into a service agreement with an employer to pay wages to employees of the employer and takes on other employment tax responsibilities of the employer. Under the proposed regulations, the Service may designate the payor to perform acts required of the employer. Under the proposed regulations, both the employer and the payor are liable for the employer’s employment tax obligations. The proposed regulations also provide exceptions for when a payor will not be designated to perform acts of the employer.