T.D. 8974(PDF, 9K) |
HTML Version(12K) |
12/31/2001 |
Amendment to Section 6050I Cross-Referencing Section 5331 of Title 31 Relating to Reporting of Certain Currency Transactions by Nonfinancial Trades or Businesses Under the Bank Secrecy Act |
This document contains final amendments to the Income Tax Regulations under section 6050I of the Internal Revenue Code which requires persons to report information about financial transactions to the IRS, and section 5331 of title 31 which requires persons to report similar information about certain transactions to the Financial Crimes Enforcement Network. These regulations provide that this information shall be reported on the same form as prescribed by the Secretary. |
T.D. 8976(PDF, 165K) |
HTML Version(138K) |
12/31/2001 |
Dollar-Value LIFO Regulations; Inventory Price Index Computation Method |
This document contains final regulations under section 472 of the Internal Revenue Code that relate to accounting for inventories under the last-in, first-out (LIFO) method. The final regulations provide guidance regarding methods of valuing dollar-value LIFO pools and affect persons who elect to use the dollar-value LIFO and inventory price index computation (IPIC) methods or who receive dollar-value LIFO inventories in certain nonrecognition transactions. |
T.D. 8971(PDF, 75K) |
HTML Version(61K) |
12/26/2001 |
New Markets Tax Credit. |
This document contains temporary regulations that provide guidance for taxpayers claiming the new markets tax credit under section 45D. A taxpayer making a qualified equity investment in a qualified community development entity that has received a new markets tax credit allocation may claim a 5-percent tax credit with respect to the qualified equity investment on each of the first 3 credit allowance dates and a 6-percent tax credit with respect to the qualified equity investment on each of the remaining 4 credit allowance dates. The text of these temporary regulations also serves as the text of the proposed regulations set forth in the notice of proposed rulemaking on this subject in REG-119436-01 published elsewhere in this issue of the Federal Register . |
REG-119436-01(PDF, 19K) |
HTML Version(14K) |
12/21/2001 |
New Markets Tax Credit |
In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations relating to the new markets tax credit. The text of those regulations also serves as the text of these proposed regulations. This document also provides notice of a public hearing on these proposed regulations. |
T.D. 8970(PDF, 10K) |
HTML Version(14K) |
12/17/2001 |
Amendment, Check the Box Regulations |
This document contains final regulations relating to elective changes in entity classification under section 7701 of the Internal Revenue Code. The regulations apply to subsidiary corporations that elect to change their classification for Federal tax purposes from a corporation to either a partnership or disregarded entity. |
T.D. 8969(PDF, 28K) |
HTML Version(33K) |
12/14/2001 |
Payment by Credit Card and Debit Card |
This document contains final regulations authorizing the Commissioner to accept payment of internal revenue taxes by credit card or debit card and limit the use and disclosure of information relating to payment of taxes by credit card and debit card. Additionally, the final regulations provide that payments of tax by check or money order should be made payable to the United States Treasury. The final regulations reflect changes to the law made by the Taxpayer Relief Act of 1997 and affect persons who pay their tax liabilities by credit card, debit card, check, or money order. |
T.D. 8948(PDF, 38K) |
HTML Version(36K) |
12/14/2001 |
Application of the Federal Insurance Contributions Act, Federal Unemployment Tax Act, and Collection of Income Tax at Source to Statutory Stock Options. |
This document contains proposed regulations relating to incentive stock options and options granted under employee stock purchase plans. These proposed regulations would provide guidance concerning the application of the Federal Insurance Contributions Act (FICA), Federal Unemployment Tax Act (FUTA), and Collection of Income Tax at Source to these options. These proposed regulations would affect employers that grant these options and employees who exercise these options. This document also provides notice of a public hearing on these proposed regulations. |
REG-105344-01(PDF, 22K) |
HTML Version(17K) |
12/13/2001 |
Disclosure of Returns and Return Information by Other Agencies |
In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing a temporary regulation to enable the Commissioner to authorize Federal, state and local agencies with access to returns and return information under section 6103 of the Internal Revenue Code to redisclose such returns and return information, with the Commissioner's approval, to any authorized recipient set forth in section 6103 of the Internal Revenue Code, subject to the same restrictions and for the same purposes, as if the recipient had received the information from the IRS directly. |
REG-106186-98(PDF, 6K) |
HTML Version( 7K) |
12/5/2001 |
Withdrawal of Proposed Regulations Relating to Certain Corporate Reorganizations Involving Disregarded Entities. |
This document withdraws a notice of proposed rulemaking relating to certain corporate reorganizations involving disregarded entities. The proposed regulations were published on May 16, 2000. After consideration of the comments received, the IRS and Treasury have decided to withdraw the proposed regulations and issue new proposed regulations. |
T.D. 8967(PDF, 9K) |
HTML Version(12K) |
11/20/2001 |
Definition of Private Business Use. |
This document amends the final regulations on the definition of private business use applicable to tax-exempt bonds issued by State and local governments. The amendments provide that certain arrangements do not result in private business use if the term of the use does not exceed 50, 100 or 200 days, as applicable. |
REG-106186-98(PDF, 6K) |
HTML Version( 7K) |
11/15/2001 |
Withdrawal of Proposed Regulations Relating to Certain Corporate Reorganizations Involving Disregarded Entities. |
This document withdraws a notice of proposed rulemaking relating to certain corporate reorganizations involving disregarded entities. The proposed regulations were published on May 16, 2000. After consideration of the comments received, the IRS and Treasury have decided to withdraw the proposed regulations and issue new proposed regulations. |
REG-137519-01(PDF, 24K) |
HTML Version(19K) |
11/14/2001 |
Consolidated Returns; Applicability of Other Provisions of Law; Non-applicability of Section 357(c) |
This document proposes amendments relating to the consolidated return regulations dealing with the non-applicability of section 357(c) in a consolidated group. The proposed amendments clarify that, in certain transfers described in section 351 between members of a consolidated group, a transferee´s assumption of certain liabilities described in section 357(c)(3) will not reduce the transferor´s basis in the transferee´s stock received in the transfer. This document also provides notice of a public hearing on these proposed regulations. |
REG-142686-01(PDF, 53K) |
HTML Version(44K) |
11/14/2001 |
Application of the Federal Insurance
Contributions Act, Federal Unemployment Tax Act, and Collection of Income Tax at Source. to Statutory Stock Options |
This document contains proposed regulations relating to incentive stock options and options granted under employee stock purchase plans. These proposed regulations would provide guidance concerning the application of the Federal Insurance Contributions Act (FICA), Federal Unemployment Tax Act (FUTA), and Collection of Income Tax at Source to these options. These proposed regulations would affect employers that grant these options and employees who exercise these options. This document also provides notice of a public hearing on these proposed regulations. |
REG-125161-01(PDF, 16K) |
HTML Version(12K) |
11/7/2001 |
Conforming Amendments to Section 446. |
On July 18, 1995, the Treasury and the IRS published final regulations governing the intercompany transaction system of the consolidated return regulations. Those regulations state that the timing rules of the intercompany transaction system are a method of accounting. At the time of the publication of those regulations, no amendment was made to the regulations promulgated under section 446 to coordinate with that statement. This document contains proposed regulations confirming that the timing rules of the intercompany transaction regulations are a method of accounting. |
REG-143219-01(PDF, 7K) |
HTML Version(10K) |
10/23/2001 |
Gasoline Tax Claims Under Section 6416(a)(4) |
This document invites comments from the public on issues that the IRS may address in proposed regulations relating to claims for credits or refunds of the gasoline tax. All materials submitted will be available for public inspection and copying. |
REG-142499-01(PDF, 90K) |
HTML Version(80K) |
10/23/2001 |
Catch-Up Contributions for Individuals Age 50 or Over |
This document contains proposed regulations that would provide guidance concerning the requirements for retirement plans providing catch-up contributions to individuals age 50 or older pursuant to the provisions of section 414(v). These proposed regulations would affect section 401(k) plans, section 408(p) SIMPLE IRA plans, section 408(k) simplified employee pensions, section 403(b) tax-sheltered annuity contracts, and section 457 eligible governmental plans, and would affect participants eligible to make elective deferrals under these plans or contracts. This document also contains a notice of public hearing on these proposed regulations. |
T.D. 8966(PDF, 49K) |
HTML Version(42K) |
10/17/2001 |
Effect of the Family and Medical Leave Act on the Operation of Cafeteria Plans |
This document contains final regulations relating to cafeteria plans that reflect changes made by the Family and Medical Leave Act of 1993 (Act). The final regulations provide the public with guidance needed to comply with the Act and affect employees who participate in cafeteria plans. |
T.D. 8965(PDF, 296K) |
HTML Version(172K) |
10/3/2001 |
Unified Partnership Audit Procedures |
This document contains final regulations relating to the unified partnership audit procedures added to the Internal Revenue Code by the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), and amended by the Taxpayer Relief Act of 1997 (1997 Act) and the Internal Revenue Service Restructuring and Reform Act of 1998 (1998 Act). The unified partnership audit procedures provide administrative rules for the auditing of a partnership and its partners. |
T.D. 8964(PDF, 12K) |
HTML Version(12K) |
9/27/2001 |
Liabilities Assumed in Certain Corporate Transactions |
This document contains final regulations relating to the assumption of liabilities in certain corporate transactions under section 301 of the Internal Revenue Code. These final regulations affect corporations and their shareholders. Changes to the applicable law were made by the Miscellaneous Trade and Technical Corrections Act of 1999. |
REG-106431-01(PDF, 22K) |
HTML Version(28K) |
8/29/2001 |
Qualified Subchapter S Trust Election for Testamentary Trusts |
This document contains proposed regulations relating to a qualified subchapter S trust election for testamentary trusts under section 1361 of the Internal Revenue Code. The Small Business Job Protection Act of 1996 and the Taxpayer Relief Act of 1997 made changes to the applicable law. These proposed regulations affect S corporations and their shareholders. |
T.D. 8963(PDF, 30K) |
HTML Version(24K) |
8/10/2001 |
Deposits of Excise Taxes |
This document contains the final regulations relating to the requirements for excise tax returns, payments, and deposits. These regulations affect persons required to report liability for excise taxes on Form 720, Quarterly Federal Excise Tax Return. |
T.D. 8962(PDF, 18K) |
HTML Version(17K) |
8/9/2001 |
Classification of Certain Pension & Employee Benefit Trusts, & Other Trusts |
This document contains final regulations amending the regulations defining a domestic or foreign trust for federal tax purposes. The regulations will affect certain specified employee benefit trusts and investment trusts. The regulations provide that these employee benefit trusts and investment trusts are deemed to satisfy the control test for domestic trust treatment if United States trustees control all of the substantial decisions of the trust made by the trustees of the trust. |
T.D. 8961(PDF, 27K) |
HTML Version(30K) |
8/7/2001 |
Modification of Tax Shelter Rules II |
These temporary regulations modify the rules relating to the requirement that certain corporate taxpayers file a statement with their Federal corporate income tax returns under section 6011(a) and the registration of confidential corporate tax shelters under section 6111(d). These regulations provide the public with additional guidance needed to comply with the disclosure rules under section 6011(a), the registration requirement under section 6111(d), and the list maintenance requirement under section 6112 applicable to tax shelters. The temporary regulations affect corporations participating in certain reportable transactions, persons responsible for registering confidential corporate tax shelters, and organizers of potentially abusive tax shelters. The text of these temporary regulations also serves as the text of the proposed regulations set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section of this issue of the Federal Register. |
T.D. 8959(PDF, 24K) |
HTML Version(22K) |
8/3/2001 |
Interest-free Adjustments with Respect to Underpayments of Employment Taxes |
This document contains final regulations relating to interest-free adjustments with respect to underpayments of employment taxes. These final regulations reflect changes to the law made by the Taxpayer Relief Act of 1997. The final regulations affect employers that are the subject of IRS examinations involving determinations by the IRS that workers are employees for purposes of subtitle C or that the employers are not entitled to relief from employment taxes under section 530 of the Revenue Act of 1978. |
REG-107151-00(PDF, 42K) |
HTML Version(37K) |
8/3/2001 |
Constructive Transfers and Transfers of Property to a Third Party on Behalf of a Spouse |
This document contains proposed regulations under section 1041 of the Internal Revenue Code relating to the tax treatment of certain redemptions, during marriage or incident to divorce, of stock owned by a spouse or former spouse. This document also provides notice of a public hearing on the proposed regulations. |
T.D. 8960(PDF, 62K) |
HTML Version(58K) |
8/3/2001 |
Guidance Under Section 355(e); Recognition of Gain on Certain Distributions of Stock or Securities in Connection with an Acquisition |
This document contains temporary regulations relating to recognition of gain on certain distributions of stock or securities of a controlled corporation in connection with an acquisition. Changes to the applicable law were made by the Taxpayer Relief Act of 1997. These temporary regulations affect corporations and are necessary to provide them with guidance needed to comply with these changes. |
T.D. 8958(PDF, 18K) |
HTML Version(15K) |
7/31/2001 |
Disclosures of Return Information to Officers & Employees of the Department of Agriculture for Certain Statistical Purposes & Related Activities |
This document provides a final regulation relating to the disclosure of return information to officers and employees of the Department of Agriculture for certain statistical purposes and related activities. This regulation permits the IRS to disclose return information to the Department of Agriculture to structure, prepare, and conduct the Census of Agriculture. |
T.D. 8957(PDF, 18K) |
HTML Version(20K) |
7/26/2001 |
Estate Tax Return; Form 706, Extension to File |
This document contains final regulations relating to the filing of an application for an automatic 6-month extension of time to file an estate tax return (Form 706). The final regulations provide guidance to executors of decedents´ estates on how to properly file the application for the automatic extension. |
T.D. 8956(PDF, 41K) |
HTML Version(45K) |
7/20/2001 |
Recognition of Gain on Certain Transfers to Certain Foreign Trusts and Estates |
This document contains final regulations under section 684 of the Internal Revenue Code relating to recognition of gain on certain transfers to certain foreign trusts and estates. The regulations affect United States persons who transfer property to foreign trusts and estates. |
T.D. 8955(PDF, 83K) |
HTML Version(91K) |
7/20/2001 |
Foreign Trusts That Have U.S. Beneficiaries |
This document contains final regulations under section 679 of the Internal Revenue Code relating to transfers of property by U.S. persons to foreign trusts having one or more United States beneficiaries. The final regulations affect United States persons who transfer property to foreign trusts. |
REG-100548-01(PDF, 7K) |
HTML Version( 8K) |
7/1/2001 |
Withdrawal of Proposed Regulations Relating to Corporations Filing Consolidated Returns & Proposed Regulations Relating to Collapsible Corporations |
This document withdraws two notices of proposed rulemaking, one relating to corporations filing consolidated income tax returns and the other relating to collapsible corporations. The proposed regulations were published before the enactment of the Internal Revenue Code of 1986, do not reflect changes to the tax law made after their publication, and will not be finalized unless reproposed. |
T.D. 8952(PDF, 12K) |
HTML Version(14K) |
7/1/2001 |
Removal of Fed Reserve Banks as Depository |
This document contains final regulations which remove the Federal Reserve banks as authorized depositaries for Federal tax deposits. The regulations affect taxpayers who make Federal tax deposits using paper Federal Tax Deposit (FTD) coupons (Form 8109) at Federal Reserve banks. |
T.D. 8954(PDF, 102K) |
HTML Version(88K) |
6/29/2001 |
Nondiscrimination Requirements for Certain Defined Contribution Retirement Plans |
This document contains final regulations that permit certain defined contribution retirement plans to demonstrate compliance with the nondiscrimination requirements based on plan benefits rather than contributions. Under the final regulations, a defined contribution plan can test on a benefits basis if it provides broadly available allocation rates, age-based allocations, or passes a gateway requiring allocation rates for nonhighly compensated employees to be at least 5% of pay or at least 1/3 of the highest allocation rate for highly compensated employees. The regulations also permit qualified defined contribution and defined benefit plans that are tested together as a single, aggregated plan (and that are not primarily defined benefit or broadly available separate plans) to test on a benefits basis after passing a similar gateway, under which the allocation rate for nonhighly compensated employees need not exceed 7½ % of pay. These final regulations affect employers that maintain qualified retirement plans and qualified retirement plan participants. |
T.D. 8953(PDF, 24K) |
HTML Version(17K) |
6/25/2001 |
Eligibility Requirements after Denial of the Earned Income Credit |
This document contains final regulations that provide guidance to taxpayers who have been denied the earned income credit (EIC) as a result of the deficiency procedures and wish to claim the EIC in a subsequent year. The temporary regulations apply to taxpayers claiming the EIC for taxable years beginning after December 31, 1997, where the taxpayer's EIC claim was denied for a taxable year beginning after December 31, 1996. |
T.D. 8951(PDF, 17K) |
HTML Version(26K) |
6/23/2001 |
Withdrawal of Notice of Federal Tax Lien in Certain Circumstances |
This document contains final regulations relating to the withdrawal of notices of federal tax liens in certain circumstances. The final regulations reflect changes made to section 6323 of the Internal Revenue Code of 1986 by the Taxpayer Bill of Rights 2. The final regulations affect all taxpayers seeking withdrawals of notices of federal tax liens. |
T.D. 8950(PDF, 28K) |
HTML Version(15K) |
6/21/2001 |
Guidance on Filing an Application for a Tentative Carryback Adjustment in a Consolidated Return Context |
This document contains final regulations relating to the filing of an application for a tentative carryback adjustment. These regulations provide guidance as to the time for filing such application by a consolidated group and by certain corporations for the separate return year created by their becoming a member of a consolidated group. These final regulations may affect all consolidated groups. |
T.D. 8949(PDF, 12K) |
HTML Version(12K) |
6/19/2001 |
Special Aggregate Stock Ownership Rules |
This document contains final regulations relating to the aggregation of stock ownership in a corporation of members of a consolidated group. These regulations reflect a technical correction enacted in section 311(c) of the Community Renewal Tax Relief Act of 2000 that, in substance, provides that the special aggregate stock ownership rules shall apply for purposes of section 732(f) of the Code. These final regulations may affect all consolidated groups. |
T.D. 8947(PDF, 10K) |
HTML Version(13K) |
6/15/2001 |
Penalties for Underpayments of Deposits & Overstated Deposit Claims |
This document makes conforming amendments to certain final regulations to reflect the removal of final regulations, relating to the penalty for underpayment of deposits of taxes and the penalty for overstated deposit claims. These regulations are obsolete due to amendments to section 6656 of the Internal Revenue Code. The removal of these regulations will not affect taxpayers. |
REG-106917-99(PDF, 121K) |
HTML Version(133K) |
6/13/2001 |
Changes in Accounting Periods |
This document contains proposed regulations under sections 441, 442, 706, 898, and 1378 of the Internal Revenue Code of 1986 that relate to certain adoptions, changes, and retentions of annual accounting periods. The proposed regulations are necessary to update, clarify, and reorganize the rules and procedures for adopting, changing, and retaining a taxpayer's annual accounting period. The proposed regulations primarily affect taxpayers that want to adopt an annual accounting period under section 441 or that must receive approval from the Commissioner to adopt, change, or retain their annual accounting periods under section 442. |
T.D. 8946(PDF, 6K) |
HTML Version(10K) |
5/23/2001 |
Federal Employment Tax Deposits--De Minimis Rule |
This document contains final regulations relating to the deposit of Federal employment taxes. The final regulations adopt the rules of the temporary regulations that change the de minimis deposit rule for quarterly and annual periods from $1,000 to $2,500. The regulations affect taxpayers required to make deposits of Federal employment taxes. |
T.D. 8945(PDF, 12K) |
HTML Version(10K) |
5/18/2001 |
Taxable Fuel Measurement |
This document contains final regulations relating to the measurement of taxable fuel. The regulations affect certain blenders, enterers, refiners, terminal operators, and throughputters. DATES: Effective Date: These regulations are effective May 18, 2001. Applicability Date: These regulations are applicable January 1, 1994. |
REG-106446-98(PDF, 99K) |
HTML Version(117K) |
5/8/2001 |
Relief from Joint and Several Liability |
This document contains proposed regulations relating to relief from joint and several liability under section 6015 of the Internal Revenue Code. The regulations reflect changes in the law made by the IRS Restructuring and Reform Act of 1998. The regulations provide guidance to married individuals filing joint returns who may seek relief from joint and several liability. This document also provides notice of a public hearing on these proposed regulations. |
T.D. 8940(PDF, 335K) |
HTML Version(266K) |
4/17/2001 |
Purchase Price Allocations in Deemed & Actual Asset Acquisitions |
This document contains final regulations relating to deemed and actual asset acquisitions under sections 338 and 1060. The final regulations affect sellers and buyers of corporate stock that are eligible to elect to treat the transaction as a deemed asset acquisition. The final regulations also affect sellers and buyers of assets that constitute a trade or business. |
T.D. 8881(PDF, 663K) |
HTML Version(231K) |
4/11/2001 |
Revisions to Regulations Relating to Withholding of Tax on Certain U.S. Source Income Paid to Foreign Persons & Revisions of Information Reporting Regulations. |
This document contains amendments to final regulations relating to the withholding of income tax under sections 1441, 1442, and 1443 on certain U.S. source income paid to foreign persons and related requirements governing collection, deposit, refunds, and credits of withheld amounts under sections 1461 through 1463. Additionally, this document contains amendments under sections 6041, 6041A, 6042, 6045, 6049, and 3406. This regulation affects persons making payments of U.S. source income to foreign persons. |
REG-105801-00(PDF, 84K) |
HTML Version(51K) |
4/11/2001 |
Capitalization of Interest & Carrying Charges Properly Allocable to Straddles |
This document contains proposed regulations that clarify the application of the straddle rules to a variety of financial instruments. The proposed regulations clarify what constitutes interest and carrying charges and when interest and carrying charges are properly allocable to personal property that is part of a straddle. The proposed regulations also clarify that a taxpayer's obligation under a debt instrument can be a position in personal property that is part of a straddle. The proposed regulations provide guidance to taxpayers that enter into straddle transactions. This document provides notice of a public hearing on these proposed regulations. |
T.D. 8929(PDF, 203K) |
HTML Version(171K) |
4/11/2001 |
Accounting for Long-Term Contracts |
This document contains final regulations describing how income from a long-term contract must be accounted for under section 460 of the Internal Revenue Code, which was enacted by the Tax Reform Act of 1986. A taxpayer manufacturing or constructing property under a long-term contract will be affected by these regulations. DATES: Effective Date: These regulations are effective on January 11, 2001. |
REG-107047-00(PDF, 120K) |
HTML Version(68K) |
3/31/2001 |
Hedging Transactions |
This document contains proposed regulations relating to the character of hedging transactions. These proposed regulations reflect changes to the law made by the Ticket to Work and Work Incentives Improvement Act of 1999. The proposed regulations affect businesses entering into hedging transactions. This document also provides notice of a public hearing on these proposed regulations. |
REG-104906-99(PDF, 77K) |
HTML Version(65K) |
3/30/2001 |
Third Party Contacts |
This document contains proposed regulations providing guidance on third- party contacts made with respect to the determination or collection of tax liabilities. The proposed regulations reflect changes to section 7602 of the Internal Revenue Code made by section 3417 of the Internal Revenue Service Restructuring and Reform Act of 1998. The proposed regulations potentially affect all taxpayers whose Federal tax liabilities are being determined or collected by the IRS. |
REG-106892-00(PDF, 36K) |
HTML Version(29K) |
3/28/2001 |
Deposits of Excise Taxes |
This document contains proposed regulations relating to the requirements for excise tax returns, payments, and deposits. These regulations affect persons required to report liability for excise taxes on Form 720, "Quarterly Federal Excise Tax Return." |
REG-107175-00(PDF, 18K) |
HTML Version(16K) |
3/28/2001 |
Definition of Disqualified Person |
This document contains proposed regulations to narrow the definition of the term disqualified person for section 1031 like-kind exchanges. The regulations are in response to recent changes in the federal banking law, especially the repeal of section 20 of the Glass-Steagall Act of 1933. The regulations will affect the eligibility of certain persons to serve as escrow holders of qualified escrow accounts, trustees of qualified trusts, or as qualified intermediaries. This document also provides notice of a public hearing on these proposed regulations. |
REG-130481-00(PDF, 232K) |
HTML Version(204K) |
3/27/2001 |
Required Distributions from Retirement Plans |
This document contains proposed regulations relating to required minimum distributions from qualified plans, individual retirement plans, deferred compensation plans under section 457, and section 403(b) annuity contracts, custodial accounts, and retirement income accounts. These regulations will provide the public with guidance necessary to comply with the law and will affect administrators of, participants in, and beneficiaries of qualified plans; institutions that sponsor and individuals who administer individual retirement plans, individuals who use individual retirement plans for retirement income, and beneficiaries of individual retirement plans; and employees for whom amounts are contributed to section 403(b) annuity contracts, custodial accounts, or retirement income accounts and beneficiaries of such contracts and accounts. |
T.D. 8913(PDF, 156K) |
HTML Version( 8K) |
3/27/2001 |
Guidance Under Section 355(d); Recognition of Gain on Certain Distributions of Stock or Securities |
This document contains final regulations relating to recognition of gain on certain distributions of stock or securities of a controlled corporation. These final regulations affect corporations and their shareholders. These regulations reflect the enactment of section 355(d) of the Internal Revenue Code by the Omnibus Budget Reconciliation Act of 1990. |
T.D. 8916(PDF, 74K) |
HTML Version(85K) |
3/27/2001 |
Application of Section 904 to Income Subject to Separate Limitations & Section 864(e) Affiliated Group Expense Allocation & Apportionment Rules |
This document contains Income Tax Regulations relating to the section 864(e)(5) and (6) rules on affiliated group interest and other expense allocation and apportionment and to the section 904(d) foreign tax credit limitation. Changes to the applicable laws were made by the Tax Reform Act of 1986, the Technical and Miscellaneous Revenue Act of 1988, the Revenue Reconciliation Act of 1993, and the Taxpayer Relief Act of 1997. |
REG-121109-00(PDF, 14K) |
HTML Version(13K) |
3/27/2001 |
Disclosure of Return Information to the Bureau of the Census |
In the Rules and Regulations section of this issue of Federal Register, the IRS is issuing temporary regulations relating to additions to the list of items of information disclosed to the Bureau of the Census for use in the Longitudinal Employer-Household Dynamics (LEHD) project and the Survey of Income and Program Participation (SIPP) project. These regulations provide guidance to IRS and Social Security Administration (SSA) personnel responsible for disclosing the information. The text of those temporary regulations also serves as the text of these proposed regulations. |
REG-104683-00(PDF, 99K) |
HTML Version(126K) |
3/23/2001 |
Application of Section 904 to Income Subject to Separate Limitations & Computation of Deemed-Paid Credit under Section 902 |
This document contains proposed Income Tax Regulations relating to the computation of the section 902 deemed-paid credit, the section 904(d) foreign tax credit limitation, and to an example in the section 954 regulations relating to the exclusion of certain export financing interest from foreign personal holding company income. Changes to the applicable law were made by the Tax Reform Act of 1986, the Technical and Miscellaneous Revenue Act of 1988, and the Taxpayer Relief Act of 1997. |
REG-126100-00(PDF, 38K) |
HTML Version(26K) |
3/23/2001 |
Guidance on Reporting of Deposit Interest Paid to Nonresident Aliens |
This document contains proposed regulations that provide guidance on the reporting requirements for interest on deposits maintained at the U.S. office of certain financial institutions and paid to nonresident alien individuals. These proposed regulations affect persons making payments of interest with respect to such a deposit. This document also provides a notice of public hearing on these proposed regulations. |
REG-105235-99(PDF, 39K) |
HTML Version(49K) |
3/20/2001 |
Exclusion of Gain From Sale or Exchange of a Principal Residence |
This document contains proposed regulations relating to the exclusion of gain from the sale or exchange of a taxpayer's principal residence. These proposed regulations reflect changes to the law made by the Taxpayer Relief Act of 1997, as amended by the Internal Revenue Service Restructuring and Reform Act of 1998. These proposed regulations generally affect taxpayers who sell or exchange their principal residences. |
REG-116050-99(PDF, 221K) |
HTML Version(301K) |
3/20/2001 |
Stock Transfer Rules: Carryover of Earnings & Taxes |
This document contains proposed regulations addressing transactions described in section 367(b) of the Internal Revenue Code (section 367(b) transactions). A section 367(b) transaction includes a corporate reorganization, liquidation, or division involving one or more foreign corporations. The proposed regulations address the carryover of certain tax attributes, such as earnings and profits and foreign income tax accounts, when two corporations combine in a section 367(b) transaction. |
REG-107101-00(PDF, 45K) |
HTML Version(36K) |
3/20/2001 |
Treaty Guidance Regarding Payments with Respect to Domestic Reverse Hybrid Entities |
This document contains proposed regulations under section 894 of the Internal Revenue Code relating to the eligibility for treaty benefits of items of income paid by domestic entities that are not fiscally transparent under U.S. law but are fiscally transparent under the laws of the jurisdiction of the person claiming treaty benefits (a domestic reverse hybrid entity). The proposed regulations affect the determination of tax treaty benefits with respect to U.S. source income of foreign persons. This document also provides notice of a public hearing on these proposed regulations. |
Notice 2001-49(PDF, 6K) |
HTML Version(10K) |
3/10/2001 |
Safe Harbor Under Which an Issue of Tax or Revenue Anticipation Bonds Will Not Be Treated as Outstanding Longer Than Is Reasonably Necessary to Accomplish the Governmental Purposes of the Bonds for Purposes of § 1.14810(a)(4) |
Recent Internal Revenue Service examinations have identified a lack of clarity in regulations concerning when tax or revenue anticipation bonds will be treated as outstanding longer than is reasonably necessary to accomplish the governmental purposes of the bonds for purposes of § 1.148-10(a)(4) of the Income Tax Regulations. |
T.D. 8931ta(PDF, 21K) |
HTML Version(15K) |
3/9/2001 |
Pension & Welfare Benefits Administration |
Consistent with the memorandum of January 20, 2001, from the Assistant to the President and Chief of Staff, entitled "Regulatory Review Plan," published in the Federal Register on January 24, 2001 (66 FR 7702), this action delays for 60 days the effective date for the rules entitled "Interim Final Rules for Nondiscrimination in Health Coverage in the Group Market," published in the Federal Register on January 8, 2001 (66 FR 1378). This document also makes conforming amendments to reflect the delay in effective date. |
T.D. 8921(PDF, 93K) |
HTML Version(72K) |
3/7/2001 |
Tax Treatment of Cafeteria Plans |
This document contains final regulations relating to section 125 cafeteria plans. The final regulations clarify the circumstances under which a cafeteria plan may permit an employee to change his or her cafeteria plan election with respect to accident or health coverage, group-term life insurance coverage, dependent care assistance and adoption assistance during the plan year. |
T.D. 8941(PDF, 76K) |
HTML Version(89K) |
3/7/2001 |
Obligations of States & Political Subdivisions |
This document contains temporary regulations that provide guidance to issuers of tax-exempt bonds for output facilities. This document also contains final regulations that provide guidance to certain nongovernmental persons that are engaged in the local furnishing of electric energy or gas using facilities financed with state or local government bonds. These regulations will affect issuers of tax-exempt bonds and nongovernmental persons engaged in the local furnishing of electric energy or gas after the effective date. |
REG-132413-00(PDF, 20K) |
HTML Version(16K) |
3/7/2001 |
Dealers in Securities Futures Contracts; Request for Comments |
The IRS and Treasury Department are soliciting comments on the criteria that should be used to determine whether a taxpayer is a dealer in securities futures contracts (or options on such contracts) for purposes of section 1256 of the Internal Revenue Code. DATES: Written and electronic comments are requested on or before May 5, 2001. |
T.D. 8944(PDF, 13K) |
HTML Version(17K) |
3/3/2001 |
Grouping Rules for Foreign Sales Corporation Transfer Pricing |
This document contains final regulations and amendments to temporary regulations that provide guidance to taxpayers that have made an election to be treated as a foreign sales corporation (FSC). These regulations permit the grouping of transactions for purposes of applying the administrative pricing (including marginal costing) rules to determine FSC transfer prices and provide a time for filing for the election to group transactions. |
REG-106702-00(PDF, 27K) |
HTML Version(37K) |
3/1/2001 |
Determination of Basis of Partner's Interest; Special Rules |
This document contains proposed regulations relating to special rules on determination of basis of partner's interest under section 705 of the Internal Revenue Code. The proposed regulations are necessary to coordinate sections 705 and 1032. This document also provides a notice of public hearing on these proposed regulations. |
T.D. 8912(PDF, 38K) |
HTML Version(47K) |
2/24/2001 |
Generation-skipping Transfer Issues |
This document contains final regulations relating to the application of the effective date rules of the generation-skipping transfer (GST) tax imposed under chapter 13 of the Internal Revenue Code (Code). These regulations provide guidance with respect to the type of trust modifications that will not affect the exempt status of a trust. In addition, these regulations clarify the application of the effective date rules in the case of property transferred pursuant to the exercise of a general power of appointment. |
REG-105946-00(PDF, 59K) |
HTML Version(54K) |
2/17/2001 |
Mid-contract Change in Taxpayer |
This document contains proposed regulations concerning a mid-contract change in taxpayer of a contract that has been accounted for under a long-term contract method of accounting. A taxpayer that is a party to such a contract will be affected by these proposed regulations. This document also provides notice of a public hearing on the proposed regulations. |
T.D. 8924(PDF, 18K) |
HTML Version(18K) |
2/16/2001 |
Liabilities Assumed in Certain Corporate Lansactions |
These temporary and final regulations relate to the assumption of liabilities in certain corporate Transactions under section 301 of the Internal Revenue Code. The temporary and final regulations affect corporations and their shareholders. Changes to the applicable law were made by the Miscellaneous Trade and Technical Corrections Act of 1999, Public Law 106-36 (113 Stat. 127). The text of these temporary regulations also serves as the text of the proposed regulations set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section of this issue of the Federal Register . |
T.D. 8911(PDF, 29K) |
HTML Version(35K) |
2/16/2001 |
Relief for Service in Combat Zone & for Presidentially Declared Disaster |
This document contains final regulations relating to the postponement of certain tax-related deadlines due either to service in a combat zone or a Presidentially declared disaster. The regulations reflect changes to the law made by the Taxpayer Relief Act of 1997. The regulations affect taxpayers serving in a combat zone and taxpayers affected by a Presidentially declared disaster. |
T.D. 8942(PDF, 39K) |
HTML Version(47K) |
2/15/2001 |
Electronic Payee Statements |
This document contains temporary regulations under sections 6041 and 6051 relating to the voluntary electronic furnishing of payee statements on Forms W-2, Wage and Tax Statement, and under section 6050S relating to the voluntary electronic furnishing of statements to individuals for whom Forms 1098-T, Tuition Payments Statement, and Forms 1098-E, Student Loan Interest Statement, are filed. The regulations will affect persons required by the foregoing Internal Revenue Code sections to furnish these statements (furnishers) who wish to furnish these statements electronically. The regulations will also affect individuals, principally employees, students, and borrowers (recipients), who consent to receive these statements electronically. The text of the temporary regulations also serves as the text of the proposed regulations set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section of this issue of the Federal Register. The temporary regulations do not affect the requirement to file copy A of Forms W-2 with the Social Security Administration or the requirement to file Forms 1098-T or Forms 1098-E with the IRS. |
REG-106513-00(PDF, 66K) |
HTML Version(56K) |
2/15/2001 |
Definition of Income for Trust Purposes |
This document contains proposed regulations revising the definition of income under section 643(b) of the Internal Revenue Code to take into account changes in the definition of trust accounting income under state laws. The proposed regulations also clarify the situations in which capital gains are included in distributable net income under section 643(a)(3). Conforming amendments are made to regulations affecting ordinary trusts, pooled income funds, charitable remainder trusts, trusts that qualify for the gift and estate tax marital deduction, and trusts that are exempt from generation-skipping transfer taxes. |
REG-107186-00(PDF, 15K) |
HTML Version(20K) |
2/15/2001 |
Electronic Payee Statements |
The IRS is issuing proposed regulations under sections 6041 and 6051 relating to the voluntary electronic furnishing of payee statements on Forms W-2. The proposed regulations also provide rules under section 6050S relating to the voluntary electronic furnishing of statements to individuals for whom Forms 1098-T, Tuition Payments Statement, and Forms 1098-E, Student Loan Interest Statement, are filed. The proposed regulations will affect persons required by the foregoing Internal Revenue Code sections to furnish these statements (furnishers) who wish to furnish these statements electronically. |
T.D. 8913co(PDF, 5.8K) |
HTML Version( 7K) |
2/15/2001 |
Guidance Under Section 355(d); Recognition of Gain on Certain Distributions of Stock or Securities; Corrections |
This document contains corrections to final regulations that were published in the Federal Register on Wednesday, December 20, 2000 (65 FR 79719), providing guidance relating to section 355(d), and recognition of gain on certain distributions of stock and securities. |
REG-101520-97(PDF, 32K) |
HTML Version(30K) |
2/14/2001 |
Return of Property in Certain Cases |
This document contains proposed regulations relating to the return of property in certain cases. The proposed regulations reflect changes made to section 6343 of the Internal Revenue Code of 1986 by the Taxpayer Bill of Rights 2. The proposed regulations also reflect certain changes affecting levies enacted by the Internal Revenue Service Restructuring and Reform Act of 1998. The proposed regulations affect taxpayers seeking the return of property from the IRS. |
T.D. 8943(PDF, 17K) |
HTML Version(15K) |
2/13/2001 |
Disclosure of Return Information to the Bureau of the Census |
This document contains temporary regulations relating to additions to the list of items of information disclosed to the Bureau of the Census for use in the Longitudinal Employer-Household Dynamics (LEHD) project and the Survey of Income and Program Participation (SIPP) project. These regulations provide guidance to IRS and Social Security Administration (SSA) personnel responsible for disclosing the information. The text of the temporary regulations also serves as the text of the proposed regulations set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section of this issue of the Federal Register . |
REG-115560-99(PDF, 22K) |
HTML Version(27K) |
1/18/2001 |
Equity Options with Flexible Terms; Qualified Covered Call Treatment |
This document contains proposed regulations providing guidance on the application of the rules governing qualified covered calls. The new rules address concerns that were created by the introduction of new financial instruments several years after the enactment of the qualified covered call rules. The proposed regulations would provide guidance to taxpayers writing equity call options. This document also provides notice of public hearing on these proposed regulations. |
REG-114998-99(PDF, 8.4K) |
HTML Version(12K) |
1/18/2001 |
Obligations of States & Political Subdivisions |
This document withdraws portions of the notice of proposed rulemaking published in the Federal Register on January 22, 1998. In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations that provide guidance to state and local governments that issue bonds for output facilities. The text of those temporary regulations also serves as the text of these proposed regulations. This document provides a notice of public hearing on these proposed regulations. |
REG-129608-00(PDF, 29K) |
HTML Version(24K) |
1/18/2001 |
Notice to Interested Parties |
This document contains proposed regulations relating to the notice to interested parties. Before the IRS can issue an advance determination regarding the qualification of a retirement plan, a plan sponsor must provide evidence that it has notified all persons who qualify as interested parties that an application for an advance determination will be filed. These proposed regulations set forth standards by which a plan sponsor may satisfy the notice to interested parties requirement. The proposed regulations affect retirement plan sponsors, plan participants and other interested parties with respect to an application for a determination letter, and certain representatives of interested parties. |
REG-130477-00(PDF, 232K) |
HTML Version(204K) |
1/17/2001 |
Required Distributions from Retirement Plans |
This document contains proposed regulations relating to required minimum distributions from qualified plans, individual retirement plans, deferred compensation plans under section 457, and section 403(b) annuity contracts, custodial accounts, and retirement income accounts. These regulations will provide the public with guidance necessary to comply with the law and will affect administrators of, participants in, and beneficiaries of qualified plans; institutions that sponsor and individuals who administer individual retirement plans, individuals who use individual retirement plans for retirement income, and beneficiaries of individual retirement plans; and employees for whom amounts are contributed to section 403(b) annuity contracts, custodial accounts, or retirement income accounts and beneficiaries of such contracts and accounts. |
T.D. 8932(PDF, 29K) |
HTML Version(36K) |
1/17/2001 |
Timely Mailing Treated as Timely Filing/Electronic Postmark |
This document contains regulations relating to timely mailing treated as timely filing and paying under section 7502 of the Internal Revenue Code. The regulations generally reflect changes to the law made since 1960. In addition, the regulations provide that the date of an electronic postmark will be the filing date under certain circumstances. The regulations affect taxpayers who file documents or make payments or deposits. |
T.D. 8933(PDF, 102K) |
HTML Version(89K) |
1/17/2001 |
Qualified Transportation Fringe Benefits |
This document contains final regulations relating to qualified transportation fringe benefits. These final regulations provide rules to ensure that transportation benefits provided to employees are excludable from gross income. These final regulations reflect changes to the law made by the Energy Policy Act of 1992, the Taxpayer Relief Act of 1997, and the Transportation Equity Act for the 21st Century. These final regulations affect employers that offer qualified transportation fringes and employees who receive these benefits. |
T.D. 8934(PDF, 49K) |
HTML Version(44K) |
1/17/2001 |
Reopenings of Treasury Securities & Other Debt Instruments; Original Issue Discount |
This document contains final regulations relating to the federal income tax treatment of debt instruments issued in certain reopenings. The final regulations provide guidance to holders and issuers of these debt instruments. |
T.D. 8935(PDF, 38K) |
HTML Version(36K) |
1/17/2001 |
Disclosure of Returns & Return Information to Designee of Taxpayer |
This document contains a temporary regulation relating to the disclosure of returns and return information to a designee of the taxpayer. The temporary regulation provides guidance to IRS employees responsible for disclosing returns and return information and to taxpayers who wish to designate a person or persons to whom returns and return information may be disclosed. The portion of this temporary regulation pertaining to nonwritten requests or consents reflects changes to the law made by the Taxpayer Bill of Rights II, Public Law 104-168, section 1207, 110 Stat. 1473. With respect to written requests or consents, the temporary regulation amends the existing regulation to provide further guidance in certain limited situations and to clarify existing procedures. The text of the temporary regulation also serves as the text of the proposed regulation set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section of this issue of the Federal Register . |
REG-125237-00(PDF, 34K) |
HTML Version(21K) |
1/17/2001 |
Debt Instruments with Original Issue Discount; Annuity Contracts |
This document contains proposed regulations relating to the federal income tax treatment of annuity contracts issued by certain insurance companies. These proposed regulations provide guidance on whether certain annuity contracts are excluded from the definition of a debt instrument under the original issue discount provisions of the Internal Revenue Code. This document also provides a notice of public hearing on the proposed regulations. |
REG-106030-98(PDF, 126K) |
HTML Version(110K) |
1/17/2001 |
Source of Income from Certain Space & Ocean Activities; Also, Source of Communications Income |
This document contains proposed regulations under section 863(d) governing the source of income from certain space and ocean activities. It also contains proposed regulations under sections 863(a), (d), and (e) governing the source of income from certain communications activity. This document also contains proposed regulations under sections 863(a) and (b), amending the regulations in §1.863-3 to conform those regulations with these proposed regulations. |
REG-109481-99(PDF, 37K) |
HTML Version(35K) |
1/17/2001 |
Special Rules Under Section 417(a)(7) for Written Explanations Provided by Qualified Retirement Plans After Annuity Starting Dates |
This document contains proposed regulations relating to the special rule added by the Small Business Job Protection Act of 1996 which permits the required written explanations of certain annuity benefits to be provided by qualified retirement plans to plan participants after the annuity starting date. These regulations affect administrators of, participants in, and beneficiaries of qualified retirement plans. |
REG-110374-00(PDF, 28K) |
HTML Version(23K) |
1/17/2001 |
Interest-Free Adjustments with Respect to Underpayments of Employment Taxes |
This document contains a proposed amendment to the regulations relating to interest-free adjustments with respect to underpayments of employment taxes. The proposed amendment reflects changes to the law made by the Taxpayer Relief Act of 1997. The proposed amendment affects employers that are the subject of IRS examinations involving determinations by the IRS that workers are employees for purposes of subtitle C or that the employers are not entitled to relief from employment taxes under section 530 of the Revenue Act of 1978 (section 530). |
REG-111835-99(PDF, 13K) |
HTML Version(195K) |
1/17/2001 |
Regulations Governing Practice Before the Internal Revenue Service |
This notice proposes modifications of the regulations governing practice before the Internal Revenue Service (Circular 230). These regulations would affect individuals who are eligible to practice before the Internal Revenue Service. The proposed modifications would clarify the general standards of practice before the Internal Revenue Service and would modify the standards for providing advice regarding tax shelters. This document also provides notice of a public hearing on the proposed regulations. |
T.D. 8927(PDF, 27K) |
HTML Version(32K) |
1/17/2001 |
Conversion to the Euro |
This document contains final Income Tax Regulations relating to U.S. taxpayers operating, investing, or otherwise conducting business in the currencies of certain European countries that replace their national currencies with a single, multinational currency called the euro. These regulations provide rules relating to adjustments required for qualified business units operating in such currencies and rules relating to the tax effect of holding such currencies, or financial instruments or contracts denominated in such currencies. |
T.D. 8936(PDF, 48K) |
HTML Version(42K) |
1/17/2001 |
Definition of Contribution in Aid of Construction Under Section 118(c) |
This document contains final regulations concerning an exclusion from gross income for a contribution in aid of construction under section 118(c) that is treated as a contribution to capital under section 118(a). The final regulations affect a regulated public utility that provides water or sewerage services because a qualifying contribution in aid of construction is treated as a contribution to the capital of the utility and excluded from gross income. The final regulations provide guidance on the definition of a contribution in aid of construction, the adjusted basis of any property acquired with a contribution in aid of construction, the information relating to a contribution in aid of construction required to be furnished by the utility, and the time and manner for providing that information to the IRS. |
T.D. 8939(PDF, 29K) |
HTML Version(35K) |
1/17/2001 |
Definition of Last Known Address |
This document contains final regulations defining last known address in relation to the mailing of notices of deficiency and other notices, statements, and documents sent to a taxpayer's last known address. The final regulations affect taxpayers who receive notices of deficiency and other notices, statements, and documents sent to taxpayers' last known addresses. |
REG-104876-00(PDF, 27K) |
HTML Version(33K) |
1/17/2001 |
Taxable Years of Partner & Partnership; Foreign Partners |
This document contains proposed regulations on the taxable year of a partnership with foreign partners. The proposed regulations affect partnerships and their partners. This document also contains a notice of public hearing on these proposed regulations. |
REG-103320-00(PDF, 12K) |
HTML Version(12K) |
1/17/2001 |
Disclosure of Returns & Return Information to Designee of Taxpayer |
In the Rules and Regulations section of this issue of Federal Register, the IRS is issuing a temporary regulation relating to the disclosure of returns and return information to the designee of a taxpayer. The text of that temporary regulation also serves as the text of this regulation. |
REG-101739-00(PDF, 15K) |
HTML Version(19K) |
1/17/2001 |
Clarification of Entity Classification Rules |
This document proposes regulations under section 7701 that address the Federal tax classification of a business entity wholly owned by a foreign government and provide that a nonbank entity that is wholly owned by a foreign bank cannot be disregarded as an entity separate from its owner (disregarded entity) for purposes of applying the special rules of the Internal Revenue Code applicable to banks. This document also proposes regulations under section 892 that provide that a partnership can be a controlled commercial entity for purposes of section 892(a)(2)(B). In addition, this document provides notice of a public hearing on the proposed regulations. |
REG-110659-00(PDF, 12K) |
HTML Version(15K) |
1/17/2001 |
Amendment, Check the Box Regulations |
This document contains proposed regulations that provide guidance relating to elective changes in entity classification. The proposed regulations apply to subsidiary corporations that elect to change their classification for Federal tax purposes from a corporation to either a partnership or disregarded entity. |
T.D. 8937(PDF, 8.0K) |
HTML Version(11K) |
1/10/2001 |
Stock Transfer Rules, Transition Rules |
This document contains final regulations addressing distributions with respect to, or a disposition of, certain stock that was subject to prior temporary regulations under section 367(b). Section 367(b) addresses the application of nonrecognition exchange provisions in Subchapter C of the Internal Revenue Code to transactions that involve one or more foreign corporations. |
T.D. 8928(PDF, 220K) |
HTML Version(131K) |
1/10/2001 |
Continuation Coverage Requirements Applicable to Group Health Plans |
This document contains final regulations that provide guidance on certain issues that arise in connection with the COBRA continuation coverage Requirements applicable to group health plans. The regulations in this document supplement final COBRA regulations published on February 3, 1999 in the Federal Register. The regulations will generally affect sponsors and administrators of, and participants in, group health plans, and they provide plan sponsors and plan administrators with guidance necessary to comply with the law. |
T.D. 8920(PDF, 261K) |
HTML Version(223K) |
1/9/2001 |
Excise Taxes on Excess Benefit Transactions |
This document contains temporary regulations relating to the excise taxes on excess benefit transactions under section 4958 of the Internal Revenue Code, as well as certain amendments and additions to existing Income Tax Regulations affected by section 4958. Section 4958 was enacted in section 1311 of the Taxpayer Bill of Rights 2. Section 4958 imposes excise taxes on transactions that provide excess economic benefits to disqualified persons of public charities and social welfare organizations (referred to as applicable tax-exempt organizations). Disqualified persons who benefit from an excess benefit transaction with an applicable tax-exempt organization are liable for a tax of 25 percent of the excess benefit. Such persons are also liable for a tax of 200 percent of the excess benefit if the excess benefit is not corrected by a certain date. Additionally, organization managers who participate in an excess benefit transaction knowingly, willfully, and without reasonable cause, are liable for a tax of 10 percent of the excess benefit. The tax for which participating organization managers are liable cannot exceed $10,000 for any one excess benefit 2-transaction. |
REG-209461-79(PDF, 9.9K) |
HTML Version(11K) |
1/9/2001 |
Tax Treatment of Cafeteria Plans |
This document withdraws §1.125-2 Q&A-6(b),(c), and (d), and amends §1.125-2 Q&A-6(a) in the notice of proposed rulemaking relating to cafeteria plans that was published in the Federal Register on March 7, 1989. Further, this document amends §1.125-1 Q&A-8 in the notice of proposed rulemaking relating to cafeteria plans that was published in the Federal Register on May 7, 1984, and amended on November 7, 1997 and March 23, 2000. This withdrawal and amendment are made because of changes made to these rules in the §1.125-4 final regulations relating to cafeteria plans published elsewhere in this issue of the Federal Register . |
REG-246256-96(PDF, 199K) |
HTML Version(13K) |
1/9/2001 |
Excise Taxes on Excess Benefit Transactions |
In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations relating to the excise taxes on excess benefit transactions under section 4958 of the Internal Revenue Code (Code), as well as certain amendments and additions to existing Income Tax Regulations affected by section 4958. Section 4958 was enacted in section 1311 of the Taxpayer Bill of Rights 2. Section 4958 generally is effective for transactions occurring on or after September 14, 1995. |
REG-121928-98(PDF, 8.8K) |
HTML Version(13K) |
1/6/2001 |
Awards of Attorney's Fees & Other Costs Based Upon Qualified Offers |
In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations relating to the circumstances in which a party, by reason of having made a qualified offer, will be entitled to an award of court costs and certain fees in a civil tax proceeding brought in a court of the United States (including the Tax Court). The text of those temporary regulations also serves as the text of these proposed regulations. This document also provides notice of a public hearing on these proposed regulations. |
T.D. 8917(PDF, 20K) |
HTML Version(19K) |
1/6/2001 |
Section 467 Rental Agreements Involving Payments of $2,000,000 or Less |
This document contains final regulations concerning section 467 rental agreements. The regulations provide amendments to the regulations under section 467, including the removal of the exception to constant rental accrual for rental agreements involving payments of $2,000,000 or less. The regulations affect taxpayers that are parties to a section 467 rental agreement. |
T.D. 8919(PDF, 26K) |
HTML Version(24K) |
1/6/2001 |
Guidance on Filing an Application for a Tentative Carryback Adjustment in a Consolidated Return Context |
This document contains temporary regulations relating to the filing of an application for a tentative carryback adjustment. These temporary regulations provide guidance to determine the time for filing such application by a consolidated group. This document also contains temporary regulations relating to the filing of an application for a tentative carryback adjustment by certain corporations for the separate return year created by their becoming a member of a consolidated group. These temporary regulations may affect all consolidated groups. The text of these temporary regulations also serves as the text of proposed regulations set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section of this issue of the Federal Register . |
REG-119352-00(PDF, 15K) |
HTML Version(12K) |
1/6/2001 |
Guidance on Filing an Application for a Tentative Carryback Adjustment in a Consolidated Return Context |
In the rules and regulations portion of this issue of the Federal Register, the IRS is issuing temporary regulations relating to the filing of an application for a tentative carryback adjustment by a consolidated group and by certain new members of a consolidated group. The text of those temporary regulations also serves as the text of these proposed regulations. In addition, this document provides notice of a public hearing on these proposed regulations. |
REG-116468-00(PDF, 29K) |
HTML Version(28K) |
1/6/2001 |
Minimum Cost Requirement Permitting the Transfer of Excess Assets of a Defined Benefit Pension Plan to a Retiree Health Account |
This document contains proposed Income Tax Regulations relating to the minimum cost requirement under section 420, which permits the transfer of excess assets of a defined benefit pension plan to a retiree health account. Pursuant to section 420(c)(3)(E), these proposed regulations provide that an employer who significantly reduces retiree health coverage during the cost maintenance period does not satisfy the minimum cost requirement of section 420(c)(3). In addition, these proposed regulations clarify the circumstances under which an employer is considered to have significantly reduced retiree health coverage during the cost maintenance period. This document also provides a notice of public hearing on these regulations. |
T.D. 8926(PDF, 33K) |
HTML Version(30K) |
1/6/2001 |
Prevention of Abuse of Charitable Remainder Trusts |
This document finalizes regulations that modify the application of the rules governing the character of certain distributions from a charitable remainder trust. These regulations are necessary to prevent taxpayers from using charitable remainder trusts to achieve inappropriate tax avoidance. The regulations affect charitable remainder trusts described in section 664 and certain beneficiaries of those trusts. |
REG-114083-00(PDF, 36K) |
HTML Version(23K) |
1/6/2001 |
Exception to the HIPAA Nondiscrimination Requirements for Certain Landfathered Church Plans |
This document contains proposed regulations that provide guidance under section 9802(c) of the Internal Revenue Code relating to the exception for certain grandfathered church plans from the nondiscrimination requirements applicable to group health plans under section 9802(a) and (b). Final, temporary, and proposed regulations relating to the nondiscrimination requirements under section 9802(a) and (b) are being published elsewhere in this issue of the Federal Register. The regulations will generally affect sponsors of and participants in certain self-funded church plans that are group health plans, and the regulations provide plan sponsors and plan administrators with guidance necessary to comply with the law. |
T.D. 8931(PDF, 618K) |
HTML Version(15K) |
1/6/2001 |
Interim Final Rules for Nondiscrimination in Health Coverage in the Group Market |
This document contains interim final rules governing the provisions prohibiting discrimination based on a health factor for group health plans and issuers of health insurance coverage offered in connection with a group health plan. The rules contained in this document implement changes made to the Internal Revenue Code of 1986 (Code), the Employee Retirement Income Security Act of 1974 (ERISA), and the Public Health Service Act (PHS Act) enacted as part of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). |
REG-114082-00(PDF, 23K) |
HTML Version(15K) |
1/6/2001 |
HIPAA Indiscrimination |
Elsewhere in this issue of the Federal Register, the IRS is issuing temporary and final regulations governing the provisions prohibiting discrimination based on a health factor for group health plans. The IRS is issuing the temporary and final regulations at the same time that the Pension and Welfare Benefits Administration of the U.S. Department of Labor and the Health Care Financing Administration of the U.S. Department of Health and Human Services are issuing substantially similar interim final regulations governing the provisions prohibiting discrimination based on a health factor for group health plans and issuers of health insurance coverage offered in connection with a group health plan under the Employee Retirement Income Security Act of 1974 and the Public Health Service Act. The temporary regulations provide guidance to employers and group health plans relating to the group health plan nondiscrimination requirements. The text of those temporary regulations also serves as the text of these proposed regulations. |
T.D. 8925(PDF, 49K) |
HTML Version(68K) |
1/6/2001 |
Partnership Mergers & Divisions |
This document contains final regulations on the tax consequences of partnership mergers and divisions. The final regulations affect partnerships and their partners. |
T.D. 8914(PDF, 14K) |
HTML Version(14K) |
1/6/2001 |
Definition of Hyperinflationary Currency for Purposes of Section 988 |
This document contains final regulations concerning when a currency will be considered hyperinflationary for purposes of section 988. These final regulations are intended to prevent distortions associated with the computation of income and expense arising from section 988 transactions denominated in hyperinflationary currencies. |
T.D. 8922(PDF, 35K) |
HTML Version(48K) |
1/6/2001 |
Awards of Attorney's Fees & Other Costs Based Upon Qualified Offers |
This document contains temporary regulations relating to the circumstances under which a party, by reason of having made a qualified offer, will be entitled to an award of reasonable administrative and litigation costs in a civil tax proceeding brought in a court of the United States (including the Tax Court). The regulations implement certain changes made by section 3101(e) of the Internal Revenue Service Restructuring and Reform Act of 1998. They affect taxpayers who make qualified offers. The text of these regulations also serves as the text of the proposed regulations set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section of this issue of the Federal Register. |
REG-106791-00(PDF, 16K) |
HTML Version(13K) |
1/6/2001 |
Liabilities Assumed in Certain Corporate Lansactions |
In the Rules and Regulations portion of this issue of the Federal Register, the IRS is issuing temporary regulations relating to the assumption of liabilities in certain corporate transactions under section 301 of the Internal Revenue Code. The temporary regulations affect corporations and their shareholders. The text of those temporary regulations also serves as the text of these proposed regulations. This document also gives notice of a public hearing on these proposed regulations. |
REG-114084-00(PDF, 213K) |
HTML Version(121K) |
1/6/2001 |
Notice of Proposed Rulemaking for Bona Fide Wellness Programs |
This proposed rule would implement and clarify the term "bona fide wellness program" as it relates to regulations implementing the nondiscrimination provisions of the Internal Revenue Code, the Employee Retirement Income Security Act, and the Public Health Service Act, as added by the Health Insurance Portability and Accountability Act of 1996. |