Federal Tax Regulations Issued in 2019

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: 2018  2017   2016   2015    2014     2013     2012      2011

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

 

Title of Regulation

 

Status

Citation

IRC Sections

Additional Information

Qualified Business Income Deduction

 

TCJA

Final regs

TD 9847 (2/8/19)

 

Advance release by IRS (1/18/19)

 

Corrected regs released by the IRS on 2/1/19 – see note to right* [the version in Fed Reg appears to be the corrected version – see TD 9847 link above]

199A

643(f)

“final regulations concerning the deduction for qualified business income under section 199A of the Internal Revenue Code (Code). The regulations will affect individuals, partnerships, S corporations, trusts, and estates engaged in domestic trades or businesses. The regulations also contain an anti-avoidance rule under section 643 of the Code to treat multiple trusts as a single trust in certain cases, which will affect trusts, their grantors, and beneficiaries. This document also requests additional comments on certain aspects of the deduction.”

 

Also issued:

  • Rev. Proc. 2019-11 (1/18/19) with guidance on determining W-2 wages for 199A purposes,
  • Notice 2019-07 (1/18/19) which is a proposed revenue procedure on a safe harbor where certain real estate activities are considered a trade or business for §199A purposes. Note: This is a safe harbor meaning if you meet it, no questions asked. But it is not the only way to show that a rental activity is a trade or business so be sure to check on the extensive case law on this which often finds rentals of real property (other than a triple net lease) to be a trade or business where there is a profit motive and regular and continuous work by the owner or done by an agent on his behalf.
  • Proposed regs under §199A (see next),

*Correction of final regs at 2/1/19 – per the IRS: “corrections include, among other edits, corrections to the definition and computation of excess section 743(b) basis adjustments for purposes of determining the unadjusted basis immediately after an acquisition of qualified property, as well as corrections to the description of an entity disregarded as separate from its owner for purposes of section 199A and §§1.199A-1 through 1.199A-6.”

Qualified Business Income Deduction

 

TCJA

Prop regs

REG-134652-18 (2/8/19)

 

Advance release by IRS (1/18/19)

199A

“proposed regulations concerning the deduction for qualified business income under section 199A of the Internal Revenue Code (Code). The proposed regulations will affect certain individuals, partnerships, S corporations, trusts, and estates. The proposed regulations provide guidance on the treatment of previously suspended losses that constitute qualified business income. The proposed regulations also provide guidance on the determination of the section 199A deduction for taxpayers that hold interests in regulated investment companies, charitable remainder trusts, and split-interest trusts.”

Regulations Regarding the Transition Tax Under Section 965 and Related Provisions

 

TCJA

Final regs

TD 9846 (2/5/19)

962

965

986

“final regulations implementing section 965. Section 965 was amended by the Tax Cuts and Jobs Act, which was enacted on December 22, 2017. This document finalizes the proposed regulations published on August 9, 2018. The final regulations affect United States persons with direct or indirect ownership interests in certain foreign corporations.”

 

Effective 2/5/19.

This page last updated February 8, 2019

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Page maintained by Professor Annette Nellen.
Last Modified: Feb 9, 2019