Federal Tax Regulations Issued in 2018

The table below lists tax regulations issued by the Treasury Department and IRS in 2018.  The links will take you to the text of the regulations (usually in the Federal Register) and other helpful information. 

List of regulations issued in:  2017   2016   2015    2014     2013     2012      2011

California Franchise Tax Board (FTB) Regulations – see the Interested Parties meetings website of the FTB.

See information below for April on a new MOA that modifies the longstanding review process for tax regulations.

 

Title of Regulation

 

Status

Citation

IRC Sections

Additional Information

SEC Guidance on Accounting Impacts of the Tax Cuts and Jobs Act

 

TCJA

Rules

 

See 12/22/17 press release + Chairman Statement.

SAB No. 118

 

8-K C&DI 110.02

 

SAB No. 118 “expresses views of the staff regarding application of Financial Accounting Standards Board (“FASB”) Accounting Standards Codification (“ASC”) Topic 740, Income Taxes (“ASC Topic 740”), in the reporting period that includes December 22, 2017 — the date on which the Tax Cuts and Jobs Act was signed into law.”

Election Out of the Centralized Partnership Audit Regime

 

Note: These rules apply to partnerships with 100 or fewer partners but not to partnerships with certain types of partners such as other partnerships or trusts. See IRC §6221 and the final regs for details.

Final reg

TD 9829 (1/2/18)

6221

 

“This document contains final regulations regarding the implementation of certain portions of section 1101 of the Bipartisan Budget Act of 2015 (BBA), which was enacted into law on November 2, 2015. Section 1101 of the BBA repeals the current rules governing partnership audits and replaces them with a new centralized partnership audit regime that, in general, assesses and collects tax at the partnership level. This document provides final regulations for electing out of the centralized partnership audit regime. The final regulations affect partnerships for taxable years beginning after December 31, 2017. “

   Effective 1/2/18.

Centralized Partnership Audit Regime: Adjusting Tax Attributes

Prop regs

REG-118067-17 (2/2/18)

704

705

6225

6226

“proposed regulations implementing section 1101 of the Bipartisan Budget Act of 2015, which was enacted into law on November 2, 2015. The Bipartisan Budget Act repeals the current rules governing partnership audits and replaces them with a new centralized partnership audit regime that, in general, determines, assesses and collects tax at the partnership level.  These proposed regulations provide rules addressing how partnerships and their partners adjust tax attributes to take into account partnership adjustments under the centralized partnership audit regime.”

Eliminating Unnecessary Tax Regulations

Proposed rule

REG-132197-17 (2/15/18)

various

“Pursuant to the policies stated in Executive Orders 13777 and 13789 (the executive orders), the Treasury Department and the IRS conducted a review of existing regulations, with the goal of reducing regulatory burden for taxpayers by revoking or revising existing tax regulations that meet the criteria set forth in the executive orders.  This notice of proposed rulemaking proposes to streamline IRS regulations by removing 298 regulations that are no longer necessary because they do not have any current or future applicability under the Internal Revenue Code (Code) and by amending 79 regulations to reflect the proposed removal of the 298 regulations. The proposed removal and amendment of these regulations may affect various categories of taxpayers.”

Short-Term, Limited-Duration Insurance

Prop regs

REG-133491-17 (2/21/18)

9801

9833

“This rule contains proposals amending the definition of short-term, limited-duration insurance for purposes of its exclusion from the definition of individual health insurance coverage. This action is being taken to lengthen the maximum period of short-term, limited-duration insurance, which will provide more affordable consumer choice for health coverage.”

Health Insurance Providers Fee

Final rule

TD 9830 (2/26/18)

57.2

Part 57 – Health Insurance Providers Fee

“final regulations that provide rules for the definition of a covered entity for purposes of the fee imposed by section 9010 of the Patient Protection and Affordable Care Act, as amended. The final regulations supersede and adopt the text of temporary regulations that provide rules for the definition of a covered entity. The final regulations affect persons engaged in the business of providing health insurance for United States health risks.”

Balanced System for Measuring Organizational and Employee Performance

Final regs

TD 9831 (3/7/18)

801

26 CFR part 801

“final regulations regarding management and personnel within the IRS. The final regulations relate to the ‘‘employee satisfaction measures’’ utilized by the IRS in its Balanced System for Measuring Organizational and Employee Performance. These regulations affect internal operations of the IRS and the systems employed to evaluate the performance of organizations within the IRS and individuals employed by the IRS.”

Disclosure of Returns and Return Information in Connection with Written Contracts or Agreements for the Acquisition of Property or Services for Tax Administration Purposes

Prop regs

REG-129260-16 (3/13/18)

6103

“This document contains proposed regulations under section 6103(n) to authorize the Department of State to disclose returns and return information to its contractors who assist the Department of State in carrying out its responsibilities under section 32101 of the Fixing America’s Surface Transportation (FAST) Act. The FAST Act requires the IRS to notify the Department of State of certified seriously delinquent tax debts, and the Department of State procures services from outside contractors in connection with carrying out its responsibilities under the FAST Act.”

Allocation of Controlled Group Research Credit

Final regs

TD 9832 (3/28/18)

41

45G

280C

“final regulations relating to the allocation of the credit for increasing research activities (research credit) to corporations and trades or businesses under common control (controlled groups). This document also contains final regulations relating to the allocation of the railroad track maintenance credit and the election for a reduced research credit.”

Certain Non-Government Attorneys Not Authorized To Participate in Examinations of Books and Witnesses as a Section 6103(n) Contractor

Prop regs

REG-132434-17 (3/28/18)

7602

“This document contains proposed regulations to amend regulations under section 7602(a) relating to administrative proceedings. Current regulations permit any person authorized to receive returns and return information under section 6103(n) and the regulations thereunder to receive and review summoned books, papers, and other data, and, in the presence and under the guidance of an IRS officer or employee, participate fully in the interview of a witness in a summons interview. These proposed regulations significantly narrow the scope of the current regulations by excluding non- government attorneys from receiving summoned books, papers, records, or other data or from participating in the interview of a witness summoned by the IRS to provide testimony under oath, with a limited exception. These proposed regulations affect taxpayers involved in a federal tax examination and other persons whose books and records or testimony are sought to be examined by the IRS under section 7602(a).”

4/12/18 – Treasury announces new OMB regulatory review process and new Memorandum of Agreement (MOA) that replaces a 1983 agreement. Per Treasury Secretary Mnuchin: “This updated review framework will increase scrutiny of regulations most likely to impose new costs, while preserving Treasury’s ability to ensure taxpayers receive timely, clear rules and guidance on how to comply with our tax code.  Under today’s agreement, Treasury will continue to swiftly and successfully implement historic tax reform while still avoiding needless regulatory costs and delays.”

Under the new MOA, a tax regulation is subject to review by OIRA per EO 12866 (and 1993 version here), section 6 if it is “likely to result in a rule that may:

(a)    Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;

(b)   Raise novel legal or policy issues, such as by prescribing a rule of conduct backed by an assessable payment; or

(c)    Have an annual non-revenue effect on the economy of $100 million or more, measured against a no-action baseline.”

The review is to take no more than 45 days, with TCJA guidance subject to ten business day review.

Also relevant to the history of the review (or lack thereof) of tax regulations is a 1983 MOA on implementation of EO 12291.

For more background on the longstanding agreement for reduced review of tax regulations, see letter from Congressman Johnson to OIRA Administrator Neomi Rao, 2/1/18.

Grandfathered Plans, Preexisting Condition Exclusions, Lifetime and Annual Limits, Rescissions, Dependent Coverage, Appeals, and Patient Protections under the Affordable Care Act 

Final rules

TD 9744 (5/3/18)

9815

“On November 18, 2015, the Departments of Labor, Health and Human Services, and the Treasury (the Departments) published a final rule in the Federal Register titled ‘‘Final Rules for Grandfathered Plans, Preexisting Condition Exclusions, Lifetime and Annual Limits, Rescissions, Dependent Coverage, Appeals, and Patient Protections Under the Affordable Care Act’’ (the November 2015 final rule), regarding, in part, the coverage of emergency services by non- grandfathered group health plans and health insurance issuers offering non-  grandfathered group or individual health insurance coverage, including the  requirement that non-grandfathered group health plans and health insurance issuers offering non-grandfathered group or individual health insurance coverage limit cost-sharing for out-of- network emergency services and, as part of that rule, pay at least a minimum amount for out-of-network emergency services. The American College of Emergency Physicians (ACEP) filed a complaint in the United States District Court for the District of Columbia, which on August 31, 2017 granted in part and denied in part without prejudice ACEP’s motion for summary judgment and remanded the case to the Departments to respond to the public comments from ACEP and others. In response, the Departments are issuing this notice of clarification to provide a more thorough explanation of the Departments’ decision not to adopt recommendations made by ACEP and certain other commenters in the November 2015 final rule.”

  This clarification effective starting 5/3/18.

Filing Requirements for Information Returns Required on Magnetic Media (Electronically)

Prop regs

REG-102951-16 (5/31/18)

6011

6721

“proposed regulations amending the rules for determining whether information returns must be filed using magnetic media (electronically). The proposed regulations would require that all information returns, regardless of type, be taken into account to determine whether a person meets the 250-return threshold and, therefore, must file the information returns electronically. The proposed regulations also would require any person required to file information returns electronically to file corrected information returns electronically, regardless of the number of corrected information returns being filed. The proposed regulations will affect persons required to file information returns.”

    Correction FR 33165 (7/17/18)

Partnership Transactions Involving Equity Interests of a Partner

Final reg

TD 9833 (6/8/18)

337

732

“final regulations that prevent a corporate partner from avoiding corporate-level gain through transactions with a partnership involving equity interests of the partner or certain related entities. This document also contains final regulations that allow consolidated group members that are partners in the same partnership to aggregate their bases in stock distributed by the partnership for the purpose of limiting the application of rules that might otherwise cause basis reduction or gain recognition. This document also contains final regulations that may also require certain corporations that engage in gain elimination transactions to reduce the basis of corporate assets or to recognize gain. These final regulations affect partnerships and their partners.”

Arbitrage Investment Restrictions on Tax-Exempt Bonds

Prop reg

REG-106977-18 (6/12/18)

148

“proposed regulations regarding the arbitrage investment restrictions under section 148 applicable to tax-exempt bonds and other tax-advantaged bonds issued by State and local governments. The proposed regulations would clarify existing regulations regarding the definition of ‘‘investment-type property’’ covered by arbitrage restrictions by expressly providing an exception for investments in capital projects that are used in furtherance of the public purposes of the bonds. The proposed regulations affect State and local governmental issuers of these bonds and potential investors in capital projects financed with these bonds.”

Delay in §987 Regs due to Executive Order

Delay of regs

TD 9794 (12/8/16)

987

Foreign Currency – Notice 2018-57 (6/13/18) –   6/13/18 Update - Per the IRS: Notice 2018-57 announces that the Treasury Department and the IRS intend to amend regulations under section 987 to delay the applicability date of the final section 987 regulations and certain temporary section 987 regulations by 1 additional year.  Notice 2017-57, published on October 16, 2017, previously delayed the applicability date by 1 year.  The Treasury Department and the IRS intend to amend §§ 1.861-9T, 1.985-5, 1.987-11, 1.987-1T through 1.987-4T, 1.987-6T, 1.987-7T, 1.988-1, 1.988-1T, 1.988-4, and 1.989(a)-1 to provide that the final regulations and the related temporary regulations will apply to taxable years beginning on or after the date that is three years after the first day of the first taxable year following December 7, 2016.” Delay due to added review per Executive Order 13789 (4/21/17).

Proposed Removal of Temporary

Regulations on a Partner’s Share of a Partnership Liability for Disguised Sale Purposes

 

Prop regs

REG-131186-17 (6/19/18)

707

“proposed regulations concerning how partnership liabilities are allocated for disguised sale purposes. The proposed regulations, if finalized, would replace existing temporary regulations with final regulations that were in effect prior to the temporary regulations. This document also partially withdraws proposed regulations cross-referencing the temporary regulations. These regulations affect partnerships and their partners.”

Inversions and Related Transactions

Final regs

Temp regs

Removal of temp regs

TD 9834 (7/12/18)

304

367

956

7701

7874

“final regulations that address transactions that are structured to avoid the purposes of sections 7874 and 367 and certain post-inversion tax avoidance transactions. These regulations affect certain domestic corporations and domestic partnerships whose assets are directly or indirectly acquired by a foreign corporation and certain persons related to such domestic corporations and domestic partnerships. This document finalizes proposed regulations, and removes temporary regulations, published on April 8, 2016.”

  Effective 7/12/18.

Tax Return Preparer Due Diligence Penalty

 

TCJA

Prop regs

REG-103474-18 (7/18/18)

6695

“proposed regulations that amend portions of previously proposed regulations related to the tax return preparer penalty under section 6695(g). These amendments to the previously proposed regulations are necessary to implement a recent law change that expands the scope of the tax return preparer due diligence penalty under section 6695(g) so that it applies with respect to eligibility to file a return or claim for refund as head of household. The proposed regulations affect tax return preparers.”

Definitions of Qualified Matching Contributions and Qualified Nonelective Contributions

Final regs

TD 9835 (7/20/18)

401

“final regulations that amend the definitions of qualified matching contributions (QMACs) and qualified nonelective contributions (QNECs) under regulations regarding certain qualified retirement plans that contain cash or deferred arrangements under section 401(k) or that provide for matching contributions or employee contributions under section 401(m). Under these regulations, an employer contribution to a plan may be a QMAC or QNEC if it satisfies applicable nonforfeitability requirements and distribution limitations at the time it is allocated to a participant’s account, but need not meet these requirements or limitations when it is contributed to the plan. These regulations affect participants in, beneficiaries of, employers maintaining, and administrators of tax-qualified plans that contain cash or deferred arrangements or provide for matching contributions or employee contributions.”

Substantiation and Reporting Requirements for Cash and Noncash Charitable Contribution Deductions

Final regs

TD 9836 (7/30/18)

170

664

6050L

“guidance concerning substantiation and reporting requirements for cash and noncash charitable contributions. The final regulations reflect the enactment of provisions of the American Jobs Creation Act of 2004 and the Pension Protection Act of 2006. These regulations provide guidance to individuals, partnerships, and corporations that make charitable contributions.”

  Effective 7/30/18.

  Corrections – FR 45826 (9/11/18)

Short-Term, Limited-Duration Insurance

Final rule

TD 9837 (8/3/18)

9801

9833

“This final rule amends the definition of short-term, limited duration insurance for purposes of its exclusion from the definition of individual health insurance coverage. This action is being taken to lengthen the maximum duration of short-term, limited-duration insurance, which will provide more affordable consumer choices for health coverage.”

  Effective 10/2/18.

Extension of Time To File Certain Information Returns

Final regs

 

Removal of temp regs

TD 9838 (8/3/18)

6081

“final regulations providing rules regarding the automatic and non-automatic extension of time to file certain information returns. These changes are being implemented to accelerate the filing of the Form W–2 series (except Form W–2G) and forms that report nonemployee compensation (currently Form 1099–MISC with information in box 7) so they are available earlier in the filing season for use in the IRS’s identity theft and refund fraud detection processes. In addition, these final regulations update the list of information returns subject to the rules regarding extensions of time to file. These regulations affect filers requesting an extension of time to file the affected information returns.”

 Effective 8/3/18.

Partnership Representative under Centralized Partnership Audit Regime and Election to Apply Centralized Partnership Audit Regime

Final regs

Removal of temp regs

TD 9839 (8/9/18)

6223

9100

“final regulations regarding the designation and authority of the partnership representative under the centralized partnership audit regime, which was enacted into law on November 2, 2015 by section 1101 of the Bipartisan Budget Act of 2015 (BBA). These final regulations affect partnerships for taxable years beginning after December 31, 2017. This document also contains final regulations and removes temporary regulations regarding the election to apply the centralized partnership audit regime to partnership taxable years beginning after November 2, 2015 and before January 1, 2018 under section 1101(g)(4) of the BBA. These final regulations affect partnerships for taxable years beginning after November 2, 2015 and before January 1, 2018.”

Guidance Regarding the Transition Tax Under Section 965 and Related Provisions

 

TCJA

Prop regs

REG-104226-18 (8/9/18)

 

Advance release

 

 

962

965

986

“proposed regulations implementing section 965 as amended by the Tax Cuts and Jobs Act, which was enacted on December 22, 2017. The proposed regulations would affect United States persons with direct or indirect ownership interests in certain foreign corporations.”

Additional First Year Depreciation Deduction

TCJA

Prop regs

REG-104397-18 (8/8/18)

Advance release

168

169

179

312

704

743

"proposed regulations that provide guidance regarding the additional first year depreciation deduction under section 168(k) of the Internal Revenue Code (Code). These proposed regulations reflect changes made by the Tax Cuts and Jobs Act. These proposed regulations affect taxpayers who deduct depreciation for qualified property acquired and placed in service after September 27, 2017."

Qualified Business Income Deduction

Reg topics:

1.199A-1 Operational rules

1.199A-2 Determination of W-2 Wages and unadjusted basis immediately after acquisition of qualified property

1.199A-3 Qualified business income, qualified REIT dividends, and qualified PTP income

1.199A-4 Aggregation

1.199A-5 Specified service trades or businesses and the trade or business of performing services as an employee

1.199A-6 Relevant passthrough entities (RPEs), publicly traded partnerships (PTPs), trusts, and estates

TCJA

Prop regs

REG-107892-18 (8/16/18)

Advance release

IR-2018-162 (8/8/18)

199A

643

“This document contains proposed regulations concerning the deduction for qualified business income under section 199A.  The regulations will affect individuals, partnerships, S corporations, trusts, and estates engaged in domestic trades or businesses.  The proposed regulations also contain an anti-avoidance rule under section 643 to treat multiple trusts as a single trust in certain cases.”

 

Also see Notice 2018-64 (8/8/18) on methods for calculating W-2 wages for §199A purposes. The IRS is requesting comments on specific items.

 

Also see IRS FAQs on §199A.

Centralized Partnership Audit Regime

Prop regs

Removal of prop regs

REG–136118–15

REG–119337–17

REG–

118067–17

REG–120232–17

REG–

120233–17 (8/17/18)

 

704

705

706

6221

6222

6225

6226

6227

6231

6232

6233

6234

6235

6241

“proposed regulations implementing the centralized partnership audit regime. This document withdraws and reproposes certain portions of proposed regulations implementing the centralized partnership audit regime that have not been finalized to reflect the changes made by the Technical Corrections Act of 2018, contained in Title II of the Consolidated Appropriations Act of 2018 (TTCA). The proposed regulations affect partnerships with respect to partnership taxable years beginning after December 31, 2017, as well as partnerships that make the election under the Bipartisan Budget Act of 2015 (BBA), to apply the centralized partnership audit regime to partnership taxable years beginning on or after November 2, 2015 and before January 1, 2018.”

Contributions in Exchange for State or Local Tax Credits

TCJA

Prop regs

REG-112176-18 (8/27/18))

 

IR-2018-172 (8/23/18)

 

Advance release

 

170

642

The IRS stated in Notice 2018-54 (5/23/18) that it would be issuing proposed regulations.

  “proposed amendments to regulations under section 170.  The proposed amendments provide rules governing the availability of charitable contribution deductions under section 170 when a taxpayer receives or expects to receive a corresponding state or local tax credit.  This document also proposes amendments to the regulations under section 642(c) to apply similar rules to payments made by a trust or decedent’s estate.  This document provides notification of a public hearing on these proposed regulations [11/5/18].”

  Proposed to apply to donations made after 8/27/18.

 

  Also see IR-2018-178 (9/5/18) which states that donations by businesses operating in any entity type may find that their “donation” is really a business expense if they are getting some benefit from the charity. This adds confusion because the state might only allow a credit and not a deduction, or the state might view the transfer as not being a donation if the donor claims a business expense. Clarification from the IRS and states is needed.

Guidance Related to Section 951A (Global Intangible Low-Taxed Income) [GILTI]

TCJA

Prop regs

REG-104390-18 (10/10/18)

 

IR-2018-186 (9/13/18)

 

Advance release

 

951A

1502

6038

“proposed regulations implementing section 951A.  Section 951A was added to the Internal Revenue Code by the Tax Cuts and Jobs Act, Pub. L. 115-97 (2017), which was enacted on December 22, 2017.  This document also contains proposed regulations under sections 951, 1502, and 6038.  These proposed regulations would affect United States shareholders of controlled foreign corporations.”

Proposed Removal of Section 385 Documentation Regulations

Prop regs

REG-130244-17

 (9/24/18)

385

1275

“proposes removing final regulations setting forth minimum documentation requirements that ordinarily must be satisfied in order for certain related-party interests in a corporation to be treated as indebtedness for federal tax purposes (Documentation Regulations). This notice of proposed rulemaking also proposes conforming amendments to other final regulations to reflect the

proposed removal of the Documentation Regulations. The final regulations to be amended and removed generally affect corporations that issue purported indebtedness to related corporations or partnerships.”

  Comments requested by 12/24/18.

Availability of Additional Guidance Under Section 965

TCJA

Notice 2018-78

REG-104226-18 (10/10/18)

962

965

986

“This document announces the availability of additional guidance regarding the transition tax under section 965 issued as Notice 2018–78.”

Removal of Regulations on Advance Payments for Goods and Long-Term Contracts

TCJA

Prop regs

REG-104872-18 (10/15/18)

381

382

451

6655

“This notice of proposed rulemaking proposes to streamline IRS regulations by removing regulations that are no longer necessary after the enactment of recent tax legislation. Specifically, these regulations would remove existing regulations regarding advance payments for goods and long-term contracts. The regulations would affect accrual method taxpayers who receive advance payments for goods, including those for inventoriable goods.”

  Note: Repeal was suggested in footnote 880 of the House Report to the TCJA due to the addition of §451(c) intended as a the single rule for the deferral of certain advance payments for accrual method taxpayers.

De Minimis Error Safe Harbor Exceptions to Penalties for Failure to File Correct Information Returns or Furnish Correct Payee Statements

Prop regs

REG-118826-16 (10/17/18)

6045

6721

6722

6723

6724

 

“proposed regulations relating to penalties for failure to file correct information returns or furnish correct payee statements. The proposed regulations contain safe harbor rules that, for penalty purposes, generally treat as correct payee statements or corresponding information returns that contain errors relating to de minimis incorrect dollar amounts. They prescribe the time and manner in which a payee may elect not to have the safe harbor rules apply. They also update penalty amounts and update references to information reporting obligations. Finally, they provide rules relating to the reporting of basis of securities by brokers as this reporting relates to the de minimis error safe harbor rules. The proposed regulations affect persons required to either file information returns or to furnish payee statements (filers), and recipients of payee statements (payees).”

Investing in Qualified Opportunity Funds

TCJA

Prop regs

REG-115420-18 (10/29/18)

 

Advance release + IR-2018-206  (10/19/18)

1400Z-1

1400Z-2

“proposed regulations that provide guidance under new section 1400Z-2 of the Internal Revenue Code (Code) relating to gains that may be deferred as a result of a taxpayer’s investment in a qualified opportunity fund (QOF).  Specifically, the proposed regulations address the type of gains that may be deferred by investors, the time by which corresponding amounts must be invested in QOFs, and the manner in which investors may elect to defer specified gains.  This document also contains proposed regulations applicable to QOFs, including rules for self-certification, valuation of QOF assets, and guidance on qualified opportunity zone businesses.  The proposed regulations affect QOFs and their investors.”

Health Reimbursement Arrangements and Other Account-Based Group Health Plans

Prop regs

Under Titles 26 and 29

REG-136724-17 (10/29/18)

 

Advance release (10/23/18)

36B

9801

9802

9815

9831

 

“proposed rules to expand opportunities for working men and women and their families to access affordable, quality healthcare through proposed changes to regulations under various provisions of the Public Health Service Act (PHS Act), the Employee Retirement Income Security Act (ERISA), and the Internal Revenue Code (Code) regarding health reimbursement arrangements (HRAs) and other account-based group health plans.  (For simplicity, this preamble generally refers only to HRAs, but references to HRAs should also be considered to include other account-based group health plans, unless indicated otherwise.)  Specifically, these proposed rules allow integrating HRAs with individual health insurance coverage, if certain conditions are met. The proposed rules also set forth conditions under which certain HRAs would be recognized as limited excepted benefits. Also, the Department of the Treasury (Treasury Department) and the Internal Revenue Service (IRS) propose rules regarding premium tax credit (PTC) eligibility for individuals offered coverage under an HRA integrated with individual health insurance coverage.  In addition, the Department of Labor (DOL) proposes a clarification to provide plan sponsors with assurance that the individual health insurance coverage the premiums of which are reimbursed by an HRA or a qualified small employer health reimbursement arrangement (QSEHRA) does not become part of an ERISA plan, provided certain conditions are met.  Finally, the Department of Health and Human Services (HHS) proposes rules that would provide a special enrollment period in the individual market for individuals who gain access to an HRA integrated with individual health insurance coverage or who are provided a QSEHRA.  The goal of these proposed rules is to expand the flexibility and use of HRAs to provide more Americans with additional options to obtain quality, affordable healthcare.  The proposed rules would affect employees and their family members; employers, employee organizations, and other plan sponsors; group health plans; health insurance issuers; and purchasers of individual health insurance coverage.”

Amount Determined Under Section 956 for Corporate United States Shareholders

TCJA

Prop regs

REG-114540-18 (11/5/18)

 

IR-2018-210 (10/31/18)

 

Advance release (10/31/18)

956

“proposed regulations that reduce the amount determined under section 956 with respect to certain domestic corporations.  The proposed regulations affect certain domestic corporations that own (or are treated as owning) stock in foreign corporations.”

Tax Return Preparer Due Diligence Penalty

TCJA

Final regs

TD 9842 (11/7/18)

 

IR-2018-216 (11/7/18)

6695(g)

“final regulations relating to the tax return preparer penalty. The final regulations are necessary to implement recent law changes that expand the scope of the tax return preparer due diligence penalty so that it applies to the child tax credit (CTC)/additional child tax credit (ACTC), and the American opportunity tax credit (AOTC) as well as to

eligibility to file a return or claim for refund as head of household. The regulations affect tax return preparers.”

  Effective 11/7/18.

 

Modification of Discounting Rules for Insurance Companies

Prop regs

REG-103163-18 (11/7/18)

846

“proposed regulations providing guidance on new discounting rules for unpaid losses and estimated salvage recoverable of insurance companies for Federal income tax purposes. The proposed regulations implement recent

legislative changes to the Internal Revenue Code (Code) and make other technical improvements to the derivation and use of discount factors. The proposed regulations affect entities taxable as insurance companies.”

Regulations to Prescribe Return and Time for Filing for Payment of Section 4960, 4966, 4967, and 4968 Taxes and to Update the Abatement Rules for Section 4966 and 4967 Taxes

TCJA and other P.L.s

Prop regs

REG-107163-18 (11/7/18)

4960

4963

4966

4967

4968

6011

6071

“proposed regulations specifying which return to use to pay certain excise taxes and the time for filing the return. The

regulations also implement the statutory addition of two excise taxes to the first-tier taxes subject to abatement. These regulations affect applicable tax-exempt organizations and their related organizations, applicable educational institutions, sponsoring organizations that maintain certain donor advised funds, fund managers of such sponsoring organizations, and certain donors, donor advisors and persons related to a donor or donor advisor of

a donor advised fund.”

This page last updated November 8, 2018

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Last Modified: Nov 8, 2018