2003 Treasury Decisions
"Treasury Decisions" are either temporary or
final Regulations that have been approved by the Department of the Treasury after submission from the IRS. (Proposed regulations are not approved by the Treasury Dept.) Tax
Regulations are the IRS Commissioner's rules, for the application and administration of the Internal Revenue laws. The purpose of regulations is to provide taxpayers, their
representatives, and Service personnel with rules of general application so they may clearly understand the taxpayer's rights and duties under the law.
Regulations are promulgated by publishing in the Federal Register, and are also published in the weekly Internal Revenue Bulletin. All persons concerned are, by reason of
publication in the Federal Register, given notice of the official rules of the Department of the Treasury for the administration, application, and enforcement of the Internal Revenue laws.
Final regulations carry the force and effect of law.
For more information about IRS Regulations, see the Guide to Understanding the Differences Among Official IRS Documents
Treasury Decisions are in the Adobe Acrobat PDF format.
Internal Revenue Bulletin Summary pages are in HTML format.
| Treasury Decisions |
Bulletin |
Date of IRB |
 |
| T.D. 9098(PDF, 53K) |
IRB #2003-52(HTML) |
Dec. 29, 2003 |
| Temporary and proposed regulations under section 1502 of the Code amend proposed regulations (REG–132760–03, 2003–43 I.R.B. 933) and temporary regulations (T.D. 9089, 2003–43 I.R.B. 906). These regulations provide guidance concerning how a corporation that is a member of a consolidated group reduces its tax attributes when that member realizes discharge of indebtedness income that is excluded from gross income under section 108. |
| T.D. 9097(PDF, 81K) |
IRB #2003-52(HTML) |
Dec. 29, 2003 |
| Final regulations under section 148 of the Code set forth rules for determining when a broker's commission or similar fee incurred in connection with a guaranteed investment contract or investments purchased for a yield restricted defeasance escrow is treated as a qualified administrative cost. |
| T.D. 9096(PDF, 44K) |
IRB #2003-51(HTML) |
Dec. 22, 2003 |
| This document removes final regulations sections 1.6152–1 and 301.6152–1 pertaining to section 6152 of the Code. |
| T.D. 9095(PDF, 71K) |
IRB #2003-49(HTML) |
Dec. 8, 2003 |
| Final, temporary, and proposed regulations under section 461 of the Code clarify that the transfer of a taxpayer's note or promise to provide property or services in the future is not a transfer for the satisfaction of a contested liability under section 461(f). A transfer of a taxpayer's stock or the stock or note of a related party also is not a transfer for the satisfaction of a contested liability under section 461(f). The temporary regulations further provide that, in general, economic performance does not occur when a taxpayer transfers money or other property to a trust, escrow account, or court to provide for the satisfaction of a contested workers compensation, tort, or other payment liability. A public hearing on the proposed regulations is scheduled for March 23, 2004. |
| T.D. 9094(PDF, 55K) |
IRB #2003-50(HTML) |
Dec. 15, 2003 |
| Final, temporary, and proposed regulations under section 6031(a) of the Code allow the Commissioner to publish in the Internal Revenue Bulletin guidance that excepts, from the partnership income tax reporting requirements, partnerships whose income is primarily from tax-exempt bonds. |
| T.D. 9093(PDF, 67K) |
IRB #2003-48(HTML) |
Dec. 1, 2003 |
| Final regulations under section 7701 of the Code contain special rules regarding the entity classification of certain foreign business entities, including a special rule that terminates the grandfathered status of certain foreign business entities upon a 50-percent change of control, and a special rule that clarifies and further modifies the relevancy rules relating to certain foreign eligible entities. |
| T.D. 9092(PDF, 361K) |
IRB #2003-46(HTML) |
Nov. 17, 2003 |
| Final regulations under section 61 of the Code provide comprehensive guidance on the federal tax treatment of split-dollar life insurance arrangements. The regulations provide two mutually exclusive regimes to tax split-dollar life insurance arrangements for federal income, employment, and gift tax purposes. Under the economic benefit regime, the owner of the life insurance contract is treated as providing current life insurance protection and other taxable economic benefits to the non-owner of the contract. Under the loan regime, the non-owner of the life insurance contract is treated as loaning premium payments to the owner of the contract. If the loan from the non-owner does not provide for sufficient interest, the loan is a below-market loan, and is subject to imputations under section 7872 as modified by these final regulations. |
| T.D. 9091(PDF, 274K) |
IRB #2003-44(HTML) |
Nov. 3, 2003 |
| Final, temporary, and proposed regulations under sections 168 and 1400L of the Code provide rules for the additional first-year depreciation allowance. The regulations provide the requirements that must be met for depreciable property to qualify for the additional first-year depreciation allowance and instruct taxpayers how to determine the additional first-year depreciation allowance and the amount of depreciation otherwise allowable for the property. The regulations apply to property acquired by a taxpayer after September 10, 2001 (for the additional 30-percent first-year depreciation allowance), and for property acquired by a taxpayer after May 5, 2003 (for the additional 50-percent first-year depreciation allowance). A public hearing on the proposed regulations is scheduled for December 18, 2003. |
| T.D. 9090(PDF, 157K) |
IRB #2003-43(HTML) |
Oct. 27, 2003 |
| Temporary and proposed regulations under section 448(d)(5) of the Code provide guidance regarding the use of a nonaccrual-experience method by taxpayers using an accrual method of accounting and performing services. A public hearing on the proposed regulations is scheduled for December 10, 2003. Notice 2003-12 obsoleted. Rev. Proc. 2002-9 modified. |
| T.D. 9089(PDF, 125K) |
IRB #2003-43(HTML) |
Oct. 27, 2003 |
| Disallowance of convention expenses; North American geographical area. All geographical areas included in the North American area for purposes of section 274 of the Code are listed. Rev. Ruls. 87-95 and 94-56 superseded. Temporary and proposed regulations under section 1502 of the Code provide guidance concerning how a corporation that is a member of a consolidated group reduces its tax attributes when that member realizes discharge of indebtedness income that is excluded from gross income under section 108. |
| T.D. 9088(PDF, 107K) |
IRB #2003-42(HTML) |
Oct. 20, 2003 |
| Final regulations under section 482 of the Code clarify that stock-based compensation is taken into account in determining the intangible development costs of a controlled participant in a qualified cost sharing arrangement. The regulations also provide rules for measuring the cost associated with stockbased compensation; clarify that stock-based compensation is appropriately taken into account as a comparability factor for purposes of the comparable profits method; and provide rules that coordinate the cost sharing rules with the arm's length standard. |
| T.D. 9087(PDF, 319K) |
IRB #2003-41(HTML) |
Oct. 14, 2003 |
| Final regulations under section 883 of the Code concern when a foreign corporation engaged in the international operation of ships or aircraft may exempt its U.S source income from federal income tax. The rules apply to a corporation organized in a foreign country that grants a reciprocal exemption to U.S. corporations, if the foreign corporation satisfies certain ownership requirements. |
| T.D. 9086(PDF, 73K) |
IRB #2003-41(HTML) |
Oct. 14, 2003 |
| Final regulations under section 7122 of the Code impose a $150.00 user fee for the processing of offers to compromise effective November 1, 2003. The user fee does not apply to offers based on doubt as to liability or offers made by low income taxpayers. The fee will be applied against the amount of the offer or refunded to the taxpayer if the offer is accepted to promote effective tax administration or accepted based on doubt as to collectibility where there has been a determination that, although an amount greater than the amount offered could be collected, collection of more than the amount offered would create economic hardship within the meaning of regulations section 301.6343-1. |
| T.D. 9085(PDF, 100K) |
IRB #2003-41(HTML) |
Oct. 14, 2003 |
| Final regulations under sections 148 and 141 of the Code relate to the definition of investment-type property and private loan for the arbitrage and private activity restrictions, respectively, applicable to tax-exempt bonds issued by state and local governments. Final regulations relate to certain natural gas and electricity prepayment transactions. |
| T.D. 9084(PDF, 68K) |
IRB #2003-40(HTML) |
Oct. 6, 2003 |
| Final regulations under section 1503(d) of the Code provide guidance regarding the events that require the recapture of dual consolidated losses. The regulations will facilitate compliance by taxpayers with the dual consolidated loss provisions. The regulations generally provide that certain events will not trigger recapture of a dual consolidated loss or payment of the associated interest charge. The regulations provide for the filing of certain agreements in such cases. This document also makes clarifying and conforming changes to the current regulations. |
| T.D. 9083(PDF, 390K) |
IRB #2003-40(HTML) |
Oct. 6, 2003 |
| Final regulations under section 280G of the Code provide rules for the treatment of golden parachute payments. A golden parachute payment includes certain compensation payments made to certain individuals in connection with a change in ownership or control of a corporation. These rules are effective for payments made on a change in control if the change in control occurs on or after January 1, 2004. |
| T.D. 9082(PDF, 119K) |
IRB #2003-41(HTML) |
Oct. 14, 2003 |
| Final and temporary regulations require the use of taxpayer identifying numbers to properly identify foreign taxpayers for which submissions are made for the reduction or elimination of tax under sections 897 and 1445 of the Code. The regulations also address other miscellaneous items under section 1445. |
| T.D. 9081(PDF, 171K) |
IRB #2003-35(HTML) |
Sept. 2, 2003 |
| Temporary and proposed regulations under section 409(p) of the Code provide guidance concerning the requirements for employee stock ownership plans (ESOPs) holding stock of Subchapter S corporations. A public hearing on the proposed regulations is scheduled for November 20, 2003. |
| T.D. 9080(PDF, 81K) |
IRB #2003-40(HTML) |
Oct. 6, 2003 |
| Final, temporary, and proposed regulations under section 108 of the Code clarify that, in the case of a transaction described in section 381(a) that ends a year in which the distributor or transferor corporation excludes COD income from gross income under section 108(a), any tax attributes to which the acquiring corporation succeeds under section 381, and the basis of property acquired by the acquiring corporation in the transaction, shall reflect the reductions required by sections 108 and 1017. |
| T.D. 9079(PDF, 216K) |
IRB #2003-40(HTML) |
Oct. 6, 2003 |
| Final regulations under section 419A of the Code provide guidance regarding whether a welfare benefit fund is part of a ten-or-more employer plan described in section 419A(f)(6). |
| T.D. 9078(PDF, 89K) |
IRB #2003-39(HTML) |
Sept. 29, 2003 |
| Final regulations under section 1361 of the Code provide guidance regarding a qualified subchapter S trust election for testamentary trusts and the period for which former qualified subpart E trusts and testamentary trusts may be permitted shareholders of an S corporation. In addition, these regulations provide that the definition of a testamentary trust also includes a trust to which S corporation stock is either transferred under the terms of an electing qualified revocable trust during its election period or deemed to be distributed at the close of the last day of the election period. |
| T.D. 9077(PDF, 68K) |
IRB #2003-39(HTML) |
Sept. 29, 2003 |
| Final regulations under section 2519 of the Code relate to the amount treated as a transfer when there is a right to recover gift tax under section 2207A(b). The regulations also include related gift and estate tax consequences if the right to recover the gift tax is not exercised. These regulations will affect donee spouses who make lifetime dispositions of all or part of a qualifying income interest in qualified terminable interest property. |
| T.D. 9076(PDF, 109K) |
IRB #2003-38(HTML) |
Sept. 22, 2003 |
| Final regulations under section 417(a)(7) of the Code relate to a special rule which permits the required written explanations of certain benefits to be provided by qualified retirement plans after the annuity starting date. |
| T.D. 9075(PDF, 318K) |
IRB #2003-39(HTML) |
Sept. 29, 2003 |
| Final regulations under section 457 of the Code provide guidance on eligible section 457 deferred compensation plans of state and local governmental employers and tax-exempt entities. The regulations reflect changes made to section 457 by the Tax Reform Act of 1986, The Small Business Job Protection Act of 1996, The Economic Growth and Tax Relief Reconciliation Act of 2001, and other legislation. The regulations also make various technical changes and clarifications to the existing final regulations. |
| T.D. 9074(PDF, 131K) |
IRB #2003-39(HTML) |
Sept. 29, 2003 |
| Final regulations under section 66 of the Code relate to the treatment of community income for certain married individuals in community property states who do not file joint federal income tax returns. |
| T.D. 9073(PDF, 100K) |
IRB #2003-38(HTML) |
Sept. 22, 2003 |
| Temporary and proposed regulations under section 6103 of the Code describe the circumstances under which officers and employees of the IRS, the IRS Office of Chief Counsel, and the Office of Treasury Inspector General for Tax Administration may disclose return information for investigative purposes. The temporary regulations clarify and elaborate on the types and contexts in which investigative disclosures may be made. |
| T.D. 9072(PDF, 169K) |
IRB #2003-37(HTML) |
Sept. 15, 2003 |
| Final regulations under section 414(v) of the Code provide guidance on the requirements for retirement plans providing for catch-up contributions to individuals age 50 or older. These final regulations will affect section 401(k) plans, section 408(p) SIMPLE IRA plans, section 408(k) simplified employee pensions, section 403(b) tax sheltered annuity contracts, section 457 eligible governmental plans, and participants eligible to make elective deferrals under these plans or contracts. |
| T.D. 9071(PDF, 70K) |
IRB #2003-38(HTML) |
Sept. 22, 2003 |
| Final, temporary, and proposed regulations under section 338 of the Code provide that the step transaction doctrine will not be applied if a taxpayer makes a valid section 338(h)(10) election with respect to a step in a multi-step transaction, even if the transaction would otherwise qualify as a reorganization if the step, standing alone, is a qualified stock purchase. |
| T.D. 9070(PDF, 62K) |
IRB #2003-38(HTML) |
Sept. 22, 2003 |
| Temporary and proposed regulations under section 6104 of the Code provide guidance about the fees which the IRS and exempt organizations may charge for providing copies of material required to be publicly available. |
| T.D. 9069(PDF, 60K) |
IRB #2003-37(HTML) |
Sept. 15, 2003 |
| Temporary and proposed regulations under section 1.280F of the Code provide relief from the dollar limits on depreciation imposed by section 280F(a) to taxpayers that use light trucks or vans in their trade or business by amending the definition of "passenger automobile" in order to exclude vans and light trucks that are "qualified nonpersonal use vehicles" as defined in section 1.274-5T(k). |
| T.D. 9068(PDF, 68K) |
IRB #2003-37(HTML) |
Sept. 15, 2003 |
| Final regulations under section 2055 of the Code amend the requirements for qualification of charitable guaranteed annuity and unitrust interests for federal income, gift, and estate tax purposes as a result of the Tax Court's decision in Estate of Boeshore v. Commissioner. Rev. Rul. 76-225 revoked. |
| T.D. 9067(PDF, 66K) |
IRB #2003-32(HTML) |
Aug. 11, 2003 |
| Temporary and proposed regulations under section 83 of the Code clarify and amend existing regulations to address the transfers of compensatory stock options to related persons. The regulations provide that the transfer of a compensatory stock option to a related person will not be treated as an arm's length transaction for purposes of section 1.83-7 of the regulations. |
| T.D. 9066(PDF, 30K) |
IRB #2003-36(HTML) |
Sept. 8, 2003 |
| Final regulations under section 367 of the Code amend the anti-abuse rule of regulations section 1.367(e)-2(d) by narrowing the scope of the rule to apply only to outbound transfers to a foreign corporation in a complete liquidation of a domestic corporation to which a principal purpose of the liquidation is the avoidance of U.S. tax. |
| T.D. 9065(PDF, 35K) |
IRB #2003-36(HTML) |
Sept. 8, 2003 |
| Final regulations under section 6038 of the Code amend regulations sections 1.6038-3 to provide that a United States partner must follow the filing requirements that are specified in the instructions for Form 8865, Return of U.S. Persons With Respect to Certain Foreign Partnerships, when the United States partner must file Form 8865 and the foreign partnership completes and files Form 1065, U.S. Return of Partnership Income, or Form 1065-B, U.S. Return of Income for Electing Large Partnerships. |
| T.D. 9064(PDF, 30K) |
IRB #2003-36(HTML) |
Sept. 8, 2003 |
| Substantiation of incidental expenses. Final and temporary regulations under section 274 of the Code authorize the Commissioner to establish a method under which a taxpayer may substantiate the amount of incidental expenses paid or incurred while traveling away from home by means of an allowance in lieu of substantiating the actual cost. |
| T.D. 9063(PDF, 49K) |
IRB #2003-36(HTML) |
Sept. 8, 2003 |
| Temporary and proposed regulations under section 382 of the Code affect loss corporations and provide guidance on whether a loss corporation has an ownership change where a qualified trust described in section 401(a) distributes an ownership interest in an entity. |
| T.D. 9062(PDF, 54K) |
IRB #2003-28(HTML) |
July 14, 2003 |
| Temporary and proposed regulations under section 752 of the Code concern the assumption of a partner's liability, by a partnership, that is not taken into account under section 752(a) and (b) (section 1.752-7 liability). The proposed regulations contained in section 1.752-7 require a partner who has a section 1.752-7 liability assumed by a partnership to reduce the partner's outside basis in the partnership interest by the remaining amount of the section 1.752-7 liability (but not below the adjusted value of that interest) where there is a sale of the partnership interest, a liquidation of the partnership interest, or an assumption of the contingent liability by another partner. The proposed and temporary regulations contained in section 1.752-6T apply section 358(h) to partnerships for the period between October 18, 1999, and June 24, 2003. A public hearing on the proposed regulations is scheduled for October 14, 2003. |
| T.D. 9061(PDF, 93K) |
IRB #2003-27(HTML) |
July 7, 2003 |
| Final, temporary, and proposed regulations under section 6081 of the Code provide an automatic extension of time to file certain information returns and exempt organization returns. The temporary regulations remove the requirement for a signature and an explanation to obtain an automatic extension of time to file these returns. |
| T.D. 9060(PDF, 88K) |
IRB #2003-26(HTML) |
June 30, 2003 |
| Temporary and proposed regulations incorporate and clarify the phrase "return information reflected on returns" in conformance with the terms of section 6103(j)(5) of the Code. The temporary regulations also remove certain items of return information that the Department of Agriculture no longer needs for conducting the census of Agriculture. |
| T.D. 9059(PDF, 118K) |
IRB #2003-26(HTML) |
June 30, 2003 |
| Final regulations under section 755 of the Code provide guidance to partnerships and their partners concerning the allocation of basis adjustments among partnership assets. |
| T.D. 9058(PDF, 53K) |
IRB #2003-22(HTML) |
June 2, 2003 |
| Final regulations under section 817A of the Code affect insurance companies that define the interest rate to be used with respect to certain insurance contracts that guarantee higher returns for an initial, temporary period. Notice 97-32 revoked. |
| T.D. 9057(PDF, 74K) |
IRB #2003-22(HTML) |
June 2, 2003 |
| A corporation that files a consolidated return that acquires a subsidiary may elect to waive all or a portion of that subsidiary's loss carryovers from a separate return limitation year. Waived loss carryovers are deemed to have expired. Generally, such an election is irrevocable. Temporary and proposed regulations under section 1502 of the Code provide guidance on when a corporation may make a limited amendment to a previous election to waive these loss carryovers. In addition, these regulations permit a selling group to reapportion separate, subgroup, and consolidated section 382 limitations so that an acquiring group may use the loss carryovers that are no longer subject to the previous election. A public hearing on the proposed regulations is scheduled for August 6, 2003. |
| T.D. 9056(PDF, 45K) |
IRB #2003-21(HTML) |
May 27, 2003 |
| Final regulations under section 408 of the Code provide a new method to be used for calculating the net income attributable to an IRA contribution that is distributed as a returned contribution pursuant to section 408(d)(4) or recharacterized pursuant to section 408A(d)(6). These regulations will affect IRA owners and IRA trustees, custodians, and issuers. |
| T.D. 9055(PDF, 33K) |
IRB #2003-21(HTML) |
May 27, 2003 |
| Final regulations under section 3406 of the Code clarify the method of determining whether a payer has received two IRS notices that a payee's taxpayer identification number (TIN) is incorrect, for purposes of backup withholding. This document also contains regulations under section 6724 which clarify when an information return filer must solicit a payee's TIN in response to a penalty notice based on an incorrect TIN if a notice under section 3406(a)(1)(B) was already received with respect to the same tax year. |
| T.D. 9054(PDF, 52K) |
IRB #2003-20(HTML) |
May 19, 2003 |
| Final regulations under section 6103 of the Code relate to disclosure by IRS employees of returns and return information to a designee of the taxpayer. The regulations also provide guidance to taxpayers who wish to designate a person or persons to whom return and return information may be disclosed. |
| T.D. 9053(PDF, 32K) |
IRB #2003-20(HTML) |
May 19, 2003 |
| Temporary and proposed regulations under section 6695 of the Code clarify and amend existing regulations to facilitate electronic filing by return preparers. The regulations eliminate the references to manually signed returns. In addition, they provide that the Commissioner may prescribe, in forms, instructions, or other appropriate guidance, the manner in which preparers may satisfy their obligations under section 6107 to furnish returns to taxpayers and to retain copies of returns. |
| T.D. 9052(PDF, 112K) |
IRB #2003-19(HTML) |
May 12, 2003 |
| Final regulations provide guidance on the notification requirements under section 4980F of the Code and section 204(h) of the Employee Retirement Income Security Act of 1974 (ERISA). |
| T.D. 9051(PDF, 56K) |
IRB #2003-16(HTML) |
April 21, 2003 |
| Final regulations under section 4081 of the Code modify the definition of "diesel fuel" and the rules for taxing blended gasoline, diesel fuel, and kerosene. |
| T.D. 9050(PDF, 52K) |
IRB #2003-14(HTML) |
April 7, 2003 |
| Final regulations implement changes to sections 7433 and 7426 of the Code. Section 7433 provides for the recovery of damages caused by the willful violation of the automatic stay or discharge provisions of the Bankruptcy Code by an employee or officer of the Service. Section 7426 provides for the recovery of damages associated with certain wrongful levies. |
| T.D. 9049(PDF, 29K) |
IRB #2003-14(HTML) |
April 7, 2003 |
| Final regulations under section 705 of the Code provide guidance for making basis adjustments necessary to coordinate sections 705 and 1032 in situations in which a corporation owns a direct or indirect interest in a partnership that holds stock in that corporation. |
| T.D. 9048(PDF, 124K) |
IRB #2003-13(HTML) |
March 31, 2003 |
| Final, temporary, and proposed regulations under section 1502 of the Code redetermine the basis of stock of a subsidiary member of a consolidated group immediately prior to certain transfers of such stock and certain deconsolidations of a subsidiary member. In addition, the temporary regulations suspend certain losses recognized on the disposition of stock of a subsidiary member. A public hearing on the proposed regulations is scheduled for June 20, 2003. |
| T.D. 9047(PDF, 80K) |
IRB #2003-14(HTML) |
April 7, 2003 |
| Final regulations apply to certain transactions or events that result in a Regulated Investment Company (RIC) or a Real Estate Investment Trust (REIT) owning property that has a basis determined by reference to a C corporation’s basis in the property. These regulations affect RICs, REITs, and C corporations and clarify the tax treatment of transfers of C corporation property to a RIC or REIT. |
| T.D. 9046(PDF, 141K) |
IRB #2003-12(HTML) |
March 24, 2003 |
| Final regulations provide the disclosure requirements relating to reportable transactions under section 6011 of the Code, the registration requirements for confidential corporate tax shelters under section 6111(d), and the list maintenance requirements under section 6112. |
| T.D. 9045(PDF, 23K) |
IRB #2003-12(HTML) |
March 24, 2003 |
| Final regulations under section 32 of the Code were published in the Federal Register on March 13, 1980. Due to subsequent statutory amendments in the applicable tax law, substantial portions of the regulations are no longer in conformity with current legislative provisions. These regulations remove and amend portions of the existing regulations to conform with statutory changes. |
| T.D. 9044(PDF, 29K) |
IRB #2003-14(HTML) |
April 7, 2003 |
| Final regulations under section 6103 of the Code require contractors who engage in tax administration services to notify their officers and employees of the prohibitions against and penalties for unauthorized disclosure and inspection of returns or return information. |
| T.D. 9043(PDF, 43K) |
IRB #2003-12(HTML) |
March 24, 2003 |
| Final regulations under section 874 of the Code relate to the disallowance of deductions and credits for nonresident alien individuals and foreign corporations that fail to file a timely U.S. income tax return. |
| T.D. 9042(PDF, 38K) |
IRB #2003-10(HTML) |
March 10, 2003 |
| Temporary and proposed regulations, primarily under section 5891 of the Code, provide the manner and method of paying and reporting the nondeductible 40-percent excise tax imposed on any person who acquires structured settlement payment rights in a structured settlement factoring transaction. A public hearing on the proposed regulations is scheduled for June 12, 2003. |
| T.D. 9041(PDF, 21K) |
IRB #2003-8(HTML) |
Feb. 24, 2003 |
| Final and temporary regulations under section 3406 of the Code allow a payor's authorized agent to participate in the Taxpayer Identification Number (TIN) Matching Program. |
| T.D. 9040(PDF, 47K) |
IRB #2003-10(HTML) |
March 10, 2003 |
| Final regulations under sections 48, 152, 611, 852, 6011, and 6903 of the Code provide rules designed to eliminate regulatory impediments to the electronic filing of Form 1040, U.S. Individual Income Tax Return. |
| T.D. 9039(PDF, 27K) |
IRB #2003-10(HTML) |
March 10, 2003 |
| Final regulations under section 954 of the Code provide that gain or loss arising from certain commodities hedging transactions and currency gain or loss arising from certain interest-bearing liabilities do not constitute (or are not netted against) foreign personal holding company income. This treatment is implemented because the applicable commodities hedging transactions and interest-bearing liabilities typically offset transactions that do not generate foreign personal holding company income. |
| T.D. 9038(PDF, 46K) |
IRB #2003-9(HTML) |
March 3, 2003 |
| Temporary and proposed regulations under section 368 of the Code provide guidance with respect to statutory mergers and consolidations. These regulations also provide that the merger of a domestic corporation into a domestic disregarded entity can qualify as a statutory merger or consolidation. A public hearing on the proposed regulations is scheduled for May 21, 2003. |
| T.D. 9037(PDF, 43K) |
IRB #2003-9(HTML) |
March 3, 2003 |
| Final regulations under section 6103 of the Code authorize the disclosure of additional tax information to the Bureau of the Census to better meet the Bureau's program objectives, which include the Longitudinal Employer-Household Dynamics (LEHD) project and the Survey of Income and Program Participation (SIPP) project. |
| T.D. 9036(PDF, 29K) |
IRB #2003-9(HTML) |
March 3, 2003 |
| Final regulations under section 6103 of the Code permit the IRS to authorize agencies with access to returns and return information to redisclose returns and return information, with the approval of the Commissioner, to any authorized recipient set forth in section 6103, subject to the same restrictions and conditions, and for the same purposes, as if the recipient had received the information from the IRS directly. |
| T.D. 9035(PDF, 52K) |
IRB #2003-9(HTML) |
March 3, 2003 |
| Final regulations under section 1041 of the Code relate to the tax treatment of redemptions, during marriage or incident to divorce, of stock in a corporation owned by a spouse or a former spouse. |
| T.D. 9034(PDF, 103K) |
IRB #2003-7(HTML) |
Feb. 18, 2003 |
| Final regulations under section 25A of the Code relate to the education tax credit for the payment of certain postsecondary educational expenses. |
| T.D. 9033(PDF, 28K) |
IRB #2003-7(HTML) |
Feb. 18, 2003 |
| Final, temporary, and proposed regulations under section 6038 of the Code provide that a United States partner must follow the filing requirements that are specified in the instructions for Form 8865, Return of U.S. Persons With Respect to Certain Foreign Partnerships, when the United States partner must file Form 8865 and the foreign partnership completes and files Form 1065, U.S. Return of Partnership Income, or Form 1065-B, U.S. Return for Electing Large Partnerships. This amendment would facilitate revisions to the filing requirements such as electronic filing for Form 8865. A public hearing on the proposed regulations is scheduled for March 12, 2003. |
| T.D. 9032(PDF, 99K) |
IRB #2003-7(HTML) |
Feb. 18, 2003 |
| These regulations also provide reporting rules for a trust that is treated as owned by the grantor, or another person under provisions of the Code for the taxable year ending with the death of the grantor or other person. Notice 2001-26 and Rev. Proc. 98-13 obsoleted. |
| T.D. 9031(PDF, 54K) |
IRB #2003-8(HTML) |
Feb. 24, 2003 |
| Temporary and proposed regulations under section 121 of the Code provide rules relating to the reduced maximum exclusion of gain from the sale or exchange of property that the taxpayer has not owned and used as the taxpayer's principal residence for two of the preceding five years or when the taxpayer has excluded gain from the sale or exchange of a principal residence within the preceding two years. |
| T.D. 9030(PDF, 85K) |
IRB #2003-8(HTML) |
Feb. 24, 2003 |
| Final regulations under section 121 of the Code provide rules relating to the exclusion of gain from the sale or exchange of a principal residence and for the application of the exclusion to an individual's bankruptcy estate. |
| T.D. 9029(PDF, 82K) |
IRB #2003-6(HTML) |
Feb. 10, 2003 |
| Final regulations under section 6050S of the Code provide guidance to eligible educational institutions on the information reporting requirements for qualified tuition and related expenses. The regulations under section 6011(e) require certain information returns to be filed on magnetic media. |
| T.D. 9028(PDF, 60K) |
IRB #2003-6(HTML) |
Feb. 10, 2003 |
| Final regulations under section 7602(c) of the Code describe the rules and exceptions which prohibit IRS employees from contacting any person other than the taxpayer for determination or collection of the taxpayer's liability. |
| T.D. 9027(PDF, 30K) |
IRB #2003-6(HTML) |
Feb. 10, 2003 |
| Final regulations under section 6331 of the Code provide for the prohibition of levy while an installment agreement is pending with the Secretary, while an installment agreement is in effect, and following the rejection or termination of an installment agreement. The regulations clarify when levy is prohibited and the effect of that prohibition on the statute of limitations for collection. They also provide that the IRS may not refer a case to the Department of Justice for the commencement of a proceeding in court for the collection of a tax included in a proposed or active installment agreement while levy is prohibited by this section. |
| T.D. 9026(PDF, 23K) |
IRB #2003-5(HTML) |
Feb. 3, 2003 |
| Final regulations under section 7526 of the Code exclude certain low-income taxpayer clinics (LITCs) that qualify for grants from the definition of income tax return preparer under section 7701(a)(36). The regulations also exclude certain persons who are employed by, or volunteer for, such clinics. |
| T.D. 9025(PDF, 19K) |
IRB #2003-5(HTML) |
Feb. 3, 2003 |
| Final regulations under section 446 of the Code confirm that the timing rules of the intercompany transaction regulations of section 1.1502-13 are a method of accounting. |
| T.D. 9024(PDF, 18K) |
IRB #2003-5(HTML) |
Feb. 3, 2003 |
| Final regulations under section 4374 of the Code relate to liability for the insurance premium excise tax. The regulations affect persons who make, sign, issue, or sell a policy of insurance, indemnity bond, annuity contract, or policy of reinsurance issued by any foreign insurer or reinsurer. |
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