Browse: Departments   Dates   Agencies  

CFR Citation: 26 CFR Part 1

RIN ID: RIN 1545-BH56

REG ID: [REG-102122-08]

NOTICE: PROPOSED RULES

DOCUMENT ACTION: Notice of proposed rulemaking by cross-reference to temporary regulations.

SUBJECT CATEGORY: Guidance Under Section 956 for Determining the Basis of Property Acquired in Certain Nonrecognition Transactions

DATES: Written or electronic comments and requests for a public hearing must be received by September 22, 2008.

DOCUMENT SUMMARY: In the Rules and Regulations section of this issue of the Federal Register, the IRS and the Treasury Department are issuing temporary regulations under section 956 of the Internal Revenue Code (Code) relating to the determination of basis in property acquired by a controlled foreign corporation in certain nonrecognition transactions that are intended to avoid United States income tax. Those regulations affect United States shareholders of a controlled foreign corporation that acquires United States property in certain nonrecognition transactions. The text of those regulations also serves as the text of these proposed regulations.

SUMMARY: Guidance for Determining the Basis of Property Acquired in Certain Nonrecognition Transactions,

SUPPLEMENTAL INFORMATION

Temporary regulations in the Rules and Regulations section of this issue of the Federal Register provide guidance regarding the determination of basis for property acquired in certain nonrecognition transactions that repatriate earnings and profits of a controlled foreign corporation but are structured with the intent to avoid an income inclusion by the United States shareholders of the controlled foreign corporation under section 951(a)(1)(B). This avoidance is achieved by the use of the basis rules under section 362(a) for the acquisition by the controlled foreign corporation of certain stock or obligations that constitute United States property within the meaning of section 956(c).

The text of those regulations also serves as the text of these proposed regulations. The preamble to the temporary regulations explains the temporary regulations and these proposed regulations. Special Analyses

It has been determined that this notice of proposed rulemaking is not a significant regulatory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. Pursuant to the Regulatory Flexibility Act (RFA) (5 U.S.C. chapter 6), it is hereby certified that these regulations will not have a significant economic impact on a substantial number of small entities. This certification is based on the fact that these regulations will affect primarily large multinational United States corporations that own a significant interest in foreign corporations that acquire certain United States property in a transaction subject to the regulations. Accordingly, a regulatory flexibility analysis is not required. Pursuant to section 7805(f) of the Code, this regulation has been submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small entities.

Comments and Requests for a Public Hearing

Before these proposed regulations are adopted as final regulations, consideration will be given to any written (a signed original and eight (8) copies) or electronic comments that are submitted timely to the IRS. The IRS and the Treasury Department continue to consider, outside the context of section 956, the appropriate basis of stock or obligations issued by a transferor in the hands of the transferee as determined under section 362. The IRS and the Treasury Department are also considering whether any additional rules are necessary or appropriate to coordinate the section 956 basis
[[Page 35607]]
determinations under these regulations with basis determinations under other provisions of the Code or regulations. Comments are requested in this regard. All comments will be available for public inspection and copying. A public hearing may be scheduled if requested by any person who timely submits comments. If a public hearing is scheduled, notice of the date, time and place for the hearing will be published in the Federal Register.

Drafting Information

The principal author of these regulations is John H. Seibert, Office of Associate Chief Counsel (International). However, other personnel from the IRS and the Treasury Department participated in their development.

List of Subjects in 26 CFR Part 1

Income taxes, Reporting and recordkeeping requirements. Proposed Amendments to the Regulations

Accordingly, 26 CFR part 1 is proposed to be amended as follows: PART 1INCOME TAXES

Paragraph 1. The authority citation for part 1 continues to read in part as follows:

Authority: 26 U.S.C. 7805. * * *

Par. 2. Section 1.9561 is amended by adding a sentence to the end of paragraph (e)(1) and adding new paragraphs (e)(5), (e)(6) and (f) to read as follows:
Sec. 1.9561 Shareholder's pro rata share of a controlled foreign corporation's increase in earnings invested in United States property. * * * * *
(e) * * * (1) * * * See Sec. 1.9561T(e)(6) for a special rule for determining amounts attributable to United States property acquired as the result of certain nonrecognition transactions.
* * *
(e)(5) [The text of the proposed amendment to Sec. 1.9561(e)(5) is the same as the text for Sec. 1.9561T(e)(5) published elsewhere in this issue of the Federal Register].
(e)(6) [The text of the proposed amendment to Sec. 1.9561(e)(6) is the same as the text for Sec. 1.9561T(e)(6) published elsewhere in this issue of the Federal Register].
(f) [The text of the proposed amendment to Sec. 1.9561(f) is the same as the text for Sec. 1.9561T(f) published elsewhere in this issue of the Federal Register].
Steven T. Miller,
Acting Deputy Commissioner for Services and Enforcement.
[FR Doc. E814170 Filed 62308; 8:45 am]
BILLING CODE 483001P

FOR FURTHER INFORMATION CONTACT Concerning the proposed regulations, John H. Seibert, (202) 6223860; concerning submissions of comments and/or requests for a hearing, Regina Johnson, (202) 6227180 (not tollfree numbers).