IRS to accept applications for pre-filing agreements for certain medical device excise tax issues  

May 17: The IRS updated a list of “frequently asked questions” (FAQs) concerning the medical device excise tax, by adding a new question and answer concerning pre-filing agreements.

The medical device excise tax FAQs (updated May 16, 2013) include the following new question and answer:

Q21. Is the IRS accepting applications for Pre-Filing Agreements (PFAs) that involve medical device excise tax issues?

A21. Yes. Taxpayers may request a PFA on certain medical device excise tax issues. The IRS will consider entering into a PFA on an appropriate issue that requires either a determination of facts or the application of well-established legal principles to known facts. The IRS will also consider entering into a PFA on a methodology used by the taxpayer to make certain determinations. See Rev. Proc. 2009-14 [PDF 63 KB] for the rules applicable to PFAs, including eligible issues and the IRS criteria for selecting taxpayers into the PFA program. More information about the PFA program is available on [Added 5/16/13]

For more information, contact a tax professional with KPMG’s Excise Tax Practice group:

Taylor Cortright

(202) 533 6188

Ruth Hoffman

(202) 533 6196

Deborah Karet Gordon

(202) 533 5965

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