https://www.irs.gov/pub/irs-drop/n-15-76.pdfREQUEST FOR COMMENTS REGARDING THE EXCISE TAX ON AMOUNTS PAID FOR THE RIGHT
TO PROVIDE MILEAGE AWARDS
Specifically, the Treasury Department and the IRS request comments
addressing the following:
Whether the methodology in Section 3 of this notice, if adopted, is workable for taxpayers,
airlines, and other potential stakeholders.
Whether the methodology in Section 3 of this notice, if adopted, should be adopted as a rule of
general applicability instead of as a safe harbor provision.
Whether the methodology in Section 3 of this notice should be modified to take into account a
longer or shorter period of historical data.
Whether airlines (or airline mileage awards programs) are willing to share historical data with
taxpayers so that taxpayers can verify the tax base upon which the § 4261(a) tax is applied when
a taxpayer purchases frequent flyer miles
Whether in lieu of the methodology in Section 3 of this notice, the Treasury Department and the
IRS should provide an allocation percentage that can be applied on an airline industry-wide basis,
which the Treasury Department and the IRS would calculate using industry-provided data.
How often an industry-wide allocation percentage, if adopted, should be updated to reflect current
industry data and what is the best method for the Treasury Department and the IRS to collect the
necessary data.
Whether the Treasury Department and the IRS should adopt a methodology that is not described
in this notice and recommendations for alternative methodologies.
Whether the Treasury Department and the IRS should provide a mechanism for collectors to
make adjustments to the Exclusion Ratio to correct computational and typographical errors after
the collector reports the Exclusion Ratio to the IRS, and how such a mechanism should work.
Whether the procedures in Sections 4 and 5 of this notice would be workable from the collector
and the taxpayers perspectives.
How to address overpayments and underpayments of tax resulting from errors in the Exclusion
Ratio, including whether the collector should be responsible for such underpayments