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Final Regulations Reflect CARES Act Impact on FDII, GILTI, and FTC Transition Carryback Rules

The Treasury and IRS have issued final regulations addressing the calculation of qualified business asset investment for qualified improvement property, under the alternative depreciation system (ADS), for purposes of the Code Sec. 250 deduction (for foreign-derived intangible income and Code Sec. 951A global intangible low-taxed income (GILTI)) and for purposes of determining GILTI.

The regulations also contain transition rules relating to the impact of loss accounts on net operating loss carrybacks allowed under the Coronavirus Aid, Relief, and Economic Security Act (P.L. 116-136) (the “CARES Act””).

Treatment of Qualified Improvement Property Under Code Secs. 250 and 951A
The regulations clarify that the technical amendments to Code Sec. 168 made by section 2307(a) of the CARES Act apply to determine the adjusted basis of property under Code Sec. 250 and Code Sec. 951A. The CARES Act classified qualified improvement property as 15-year property with a 20-year recovery period, for purposes of ADS. The rule is treated as effective December 22, 2017. The ADS rules used for determining qualified business asset investments are the rules in effect on December 22, 2017.

NOL Carrybacks
The CARES Act allowed taxpayers to carryback for five years, NOLs incurred in 2018 through 2020. The regulations provide rules analogous to the existing transition rules in Reg. §1.904(f)-12(j) to situations involving an NOL arising in a post-2017 tax year that is carried back to a pre-2018 tax year. The rules of Reg. §1.904(g)-3(b) apply to the NOL carryback, and income in a pre-2018 separate category in the tax year to which the NOL is carried back is generally treated as if it included only income that would be assigned to the same separate category in post-2017 tax years.

Therefore, any separate limitation loss created by reason of a passive category component of a post-2017 NOL that is carried back to offset pre-2018 general category income will be recaptured in post-2017 tax years as general category income, and not as a combination of post-2017 general, foreign branch, or Code Sec. 951A category income. Losses will first ratably offset a taxpayer’s general category income in the carryback year, to the extent thereof, and that no separate limitation loss account will be created as a result of that offset. The amount of income in the general category available to be offset under this rule is determined after first offsetting the general category income in the carryback year by a post-2017 NOL component in the general category that is carried back to the same year.

PFIC Rules
Proposed regulations under Code Sec. 1297 and Code Sec. 1298, for determining whether a foreign corporation is treated as a passive foreign investment company (PFIC) and the treatment of income and assets of a qualifying insurance corporation that is engaged in the active conduct of an insurance business, were not finalized.

The Treasury and IRS intends to finalize the regulations separately.

FL - Tax relief for Florida taxpayers impacted by severe storms, tornadoes, and flooding discussed

Florida will follow the corporate income tax relief granted by the IRS regarding tax return due dates for taxpayers affected […]

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FL - Tax relief for Florida taxpayers impacted by severe storms, tornadoes, and flooding discussed

FL - IRC conformity legislation passed

The Florida Legislature passed legislation that would update the IRC conformity tie-in date for determining corporate income tax liability. H.B. […]

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FL - IRC conformity legislation passed

FL - Community contributions credit cap increased, live local contributions credit created

Florida increased the cap on the corporate income tax community contributions credit from $14.5 to $25 million for the 2023-2024 […]

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FL - Community contributions credit cap increased, live local contributions credit created

FAQs Issued on Upcoming Changes to COVID-19 Coverage and Payment Requirements, IR-2023-86

The IRS, Department of Labor (DOL) and Department of Health and Human Services (HHS) jointly issued frequently asked questions (FAQs), Part 58 and Part […]

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FAQs Issued on Upcoming Changes to COVID-19 Coverage and Payment Requirements, IR-2023-86

IRS Issues Audit Technique Guide on Entertainment, Entertainment Audit Technique Guide, IRPO ¶203,990

The IRS has released a new Audit Technique Guide (ATG) designed to provide assistance in auditing individuals in various roles in the entertainment industry. The auditor must develop issues in relation to […]

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IRS Issues Audit Technique Guide on Entertainment, Entertainment Audit Technique Guide, IRPO ¶203,990

Applicable Terminal Charge and SIFL Rates Issued for Second Half of 2022, Rev. Rul. 2023-7

The IRS has released the applicable terminal charge and the Standard Industry Fare Level (SIFL) mileage rate for determining the value of noncommercial flights on employer-provided […]

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Applicable Terminal Charge and SIFL Rates Issued for Second Half of 2022, Rev. Rul. 2023-7

Transition Period Announced for Revised Form 3115, Announcement 2023-12

The IRS today informed taxpayers and practitioners that it has revised Form 3115, Application for Change in Accounting Method, and its instructions. […]

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Transition Period Announced for Revised Form 3115, Announcement 2023-12

IRS Issues FAQs on Compensation Payments For Forced Sterilization, FS-2023-11, IR-2023-81

The IRS has issued frequently asked questions (FAQs) to provide guidance for victims who have received state compensation payments for forced, involuntary, or coerced sterilization. Some states have enacted […]

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IRS Issues FAQs on Compensation Payments For Forced Sterilization, FS-2023-11, IR-2023-81

IRS Touts Improved Customer Service in 2023 Tax Season

The Internal Revenue Service said it delivered “significantly improvedcustomerservice“ during the 2023 tax filing season and cited funds made available to it from the Inflation Reduction Act as the key […]

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IRS Touts Improved Customer Service in 2023 Tax Season

Changes to 2023 Forms 5500 Issued

The Department of Labor (DOL), the Internal Revenue Service (IRS), and the Pension Benefit Guaranty Corporation (PBGC) issued final forms and instructions […]

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Changes to 2023 Forms 5500 Issued