Section 482: Methods To Determine Taxable Income in Connection With a Cost Sharing Arrangement; Correction, 75759-75761 [E5-7582]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 244 / Wednesday, December 21, 2005 / Proposed Rules
(iii) Whether contracts between the
credit union and the third-party servicer
grant the credit union sufficient control
over the servicer’s actions and provide
for replacing an inadequate servicer;
and
(iv) Other factors relevant to safety
and soundness.
(3) For purposes of paragraph (h) of
this section:
(i) The term ‘‘third-party servicer’’
means any entity, other than a federallyinsured depository institution or a
wholly-owned subsidiary of a federallyinsured depository institution, that
receives any scheduled periodic
payments from a borrower pursuant to
the terms of a loan and distributes the
payments of principal and interest and
such other payments with respect to the
amounts received from the borrower as
may be required pursuant to the terms
of the loan.
(ii) The term ‘‘its affiliates,’’ as it
relates to the third-party servicer, means
any entities that:
(A) Control, are controlled by, or are
under common control with, that thirdparty servicer; or
(B) Are under contract with that thirdparty servicer or other entity described
in paragraph (h)(3)(ii)(A) of this section.
(iii) The term ‘‘vehicle loan’’ means
any installment vehicle sales contract or
its equivalent that the credit union must
report as an asset under generally
accepted accounting principles. The
term does not include loans made
directly by the credit union to a
member.
(iv) The term ‘‘net worth’’ means the
retained earnings balance of the credit
union at quarter end as determined
under generally accepted accounting
principles. For low income-designated
credit unions, net worth also includes
secondary capital accounts that are
uninsured and subordinate to all other
claims, including claims of creditors,
shareholders, and the National Credit
Union Share Insurance Fund.
*
*
*
*
*
PART 741—REQUIREMENTS FOR
INSURANCE
3. The authority citation for part 741
continues to read as follows:
rmajette on PROD1PC67 with PROPOSALS
Authority: 12 U.S.C. 1757, 1766, 1781–
1790, and 1790d. Section 741.4 is also
authorized by 31 U.S.C. 3717.
4. Add a new paragraph (c) to
§ 741.203 to read as follows:
§ 741.203 Minimum loan policy
requirements.
*
*
*
*
*
(c) Adhere to the requirements stated
in § 701.21(h) of this chapter concerning
VerDate Aug<31>2005
14:51 Dec 20, 2005
Jkt 208001
third-party servicing of indirect vehicle
loans. Before a state-chartered credit
union applies to a regional director for
a waiver under § 701.21(h)(2) it must
first notify its state supervisory
authority. The regional director will not
grant a waiver unless the appropriate
state official concurs in the waiver.
75759
2. On page 51116, column 3, in the
preamble, under the paragraph heading
‘‘Background’’, tenth line from the
bottom of the last paragraph, the
language ‘‘for this type of external
contributions is’’ is corrected to read
‘‘for this type of external contribution
is’’.
3. On page 51117, column 1, in the
[FR Doc. E5–7584 Filed 12–20–05; 8:45 am]
preamble, under the paragraph heading
BILLING CODE 7535–01–P
‘‘A. Overview’’, fourth line from the
bottom of the first paragraph, the
language ‘‘the commensurate income
DEPARTMENT OF THE TREASURY
standard’’ is corrected to read ‘‘the
commensurate with income standard’’.
Internal Revenue Service
4. On page 51117, column 2, in the
preamble, under the paragraph heading
26 CFR Part 1
‘‘A. Overview’’, the second line from the
bottom of the column, the language
[REG–144615–02]
‘‘appropriate return would be provided
RIN 1545–BB26
to such’’ is corrected to read
‘‘appropriate return would be required
Section 482: Methods To Determine
to such’’.
Taxable Income in Connection With a
5. On page 51118, column 2, in the
Cost Sharing Arrangement; Correction preamble, under the paragraph heading
‘‘1. General Rule—Proposed § 1.482–
AGENCY: Internal Revenue Service (IRS),
7(a)’’, the last line of the second
Treasury.
paragraph, the language ‘‘exploiting cost
ACTION: Correction to notice of proposed
shared intangibles.’’ is corrected to read
rulemaking.
‘‘exploiting the cost shared
SUMMARY: This document corrects notice intangibles.’’.
6. On page 51118, column 3, in the
of proposed rulemaking (REG–144615–
preamble, under the paragraph heading
02) that was published in the Federal
‘‘1. General Rule Proposed § 1.482–
Register on Monday, August 29, 2005
7(a)’’, the second line from the bottom
(70 FR 51116). The document contains
of the first full paragraph of the column,
proposed regulations that provide
the language ‘‘the rules of §§ 1.482–1
guidance regarding methods under
section 482 to determine taxable income and 1.482–5’’ is corrected to read ‘‘the
rules of §§ 1.482–1 and 1.482–4’’.
in connection with a cost sharing
7. On page 51118, column 3, in the
arrangement.
preamble, under the paragraph heading
FOR FURTHER INFORMATION CONTACT:
‘‘a. CSA Transactions in General’’, the
Jeffrey L. Parry or Christopher J. Bello,
eighth line of the first paragraph, the
(202) 435–5265 (not a toll-free number). language ‘‘circumstances. ‘‘(Emphasis
added.)’’ is corrected to read
SUPPLEMENTARY INFORMATION:
‘‘circumstances * * * ‘‘(Emphasis
Background
added.)’’.
8. On page 51119, column 1, in the
The notice of proposed rulemaking
preamble, under the paragraph heading
(REG–144615–02) that is the subject of
‘‘a. CSA Transactions in General’’, the
this correction is under section 482 of
fifteenth line of the first paragraph of
the Internal Revenue Code.
the column, the language ‘‘expected in
Need for Correction
a cost sharing agreement’’ is corrected to
As published, REG–144615–02
read ‘‘expected in a cost sharing
contains errors that may prove to be
arrangement.’’.
9. On page 51119, column 1, in the
misleading and are in need of
preamble, under the paragraph heading
clarification.
‘‘a. CSA Transactions in General’’, the
Correction of Publication
second line from bottom of the second
Accordingly, the notice of proposed
full paragraph, the language ‘‘be
rulemaking (REG–144615–02), that was
provided to such party to reflect its’’ is
the subject of FR Doc. 05–16626, is
corrected to read ‘‘be required to such
corrected as follows:
party to reflect its’’.
10. On page 51124, column 3, in the
1. On page 51116, column 2, in the
preamble, under the paragraph heading
preamble, under the paragraph heading
‘‘h. Valuation Consistent With the
‘‘Paperwork Reduction Act’’, eighth
Investor Model—Proposed § 1.482–
paragraph, third line, the language ‘‘of
information (see below);’’ is corrected to 7(g)(2)(viii)’’, the third line from the
bottom of the column, the language
read ‘‘of information (see above);’’.
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
E:\FR\FM\21DEP1.SGM
21DEP1
rmajette on PROD1PC67 with PROPOSALS
75760
Federal Register / Vol. 70, No. 244 / Wednesday, December 21, 2005 / Proposed Rules
‘‘would be expected to yield a rate
return’’ is corrected to read ‘‘would be
expected to yield a rate of return’’.
11. On page 51125, column 1, in the
preamble, under the paragraph heading
‘‘h. Valuation Consistent With the
Investor Model—Proposed § 1.482–
7(g)(2)(viii)’’, the sixth and seventh lines
from the bottom of the column, the
language ‘‘ins effectively diminish the
value of the buy-in payments, such that
the return to’’ is corrected to read ‘‘ins
effectively diminishes the value of the
buy-in payments, such that’’.
12. On page 51125, column 2, in the
preamble, under the paragraph heading
‘‘i. Coordination of Best Method Rule
and Form of Payment—Proposed
§ 1.482–7(g)(2)(ix)’’, the last line of the
paragraph, the language ‘‘ method as to
its method payment form.’’ is corrected
to read ‘‘method.’’.
13. On page 51127, column 1, in the
preamble, under the paragraph heading
‘‘6. Market Capitalization Method—
Proposed § 1.482–7(g)(6)’’, the
seventeenth and eighteenth lines of the
first full paragraph, the language
‘‘separately accounted for under
proposed § 1.482–7(d) and by the value’’
is corrected to read ‘‘(separately
accounted for under proposed § 1.482–
7(d)) and by the value’’.
14. On page 51128, column 3, in the
preamble, under the paragraph heading
‘‘2. Allocations When CSTs Are
Consistently and Materially
Disproportionate to RAB Shares—
Proposed § 1.482–7(i)(5)’’, the second
full paragraph of the column, the first
line, the language ‘‘Current § 1.482–
7(g)(5) provides that’’ is corrected to
read ‘‘Current § 1.482–7(g)(5) to the
extent it provides that’’.
15. On page 51129, column 2, in the
preamble, under the paragraph heading
‘‘3. Periodic Adjustments—Proposed
§ 1.482–7(i)(6)’’, the fourth line from the
bottom of the first full paragraph of the
column, the language ‘‘would be
provided to such party to’’ is corrected
to read ‘‘would be required to such party
to’’.
16. On page 51130, column 1, in the
preamble, under the paragraph heading
‘‘3. Periodic Adjustments—Proposed
§ 1.482–7(i)(6)’’, the seventh line from
the top of the column, the language
‘‘profits, cost contributions, or PCT’’ is
corrected to read ‘‘profits, cost
contributions, and PCT’’.
17. On page 51130, column 3, in the
preamble, under the paragraph heading
‘‘6. Territorial Operating Profit or LossProposed § 1.482–7(j)(1)(vi)’’, the sixth
line of the paragraph, the language
‘‘Activity, determined before an
expense’’ is corrected to read ‘‘Activity,
determined before any expense’’.
VerDate Aug<31>2005
14:51 Dec 20, 2005
Jkt 208001
§ 1.482–7
[Corrected]
18. On page 51133, column 2,
§ 1.482–7(b)(5)(iii), the language
‘‘Example.’’ is corrected to read
‘‘Examples.’’.
19. On page 51133, column 2,
§ 1.482–7(e)(2)(ii), the language
‘‘Indirect bases for measuring benefits.’’
is corrected to read ‘‘Indirect bases for
measuring anticipated benefits.’’.
20. On page 51133, column 3,
§ 1.482–7(g)(2)(x), the language
‘‘Coordination of the valuations or prior
and subsequent PCTs.’’ is corrected to
read ‘‘Coordination of the valuations of
prior and subsequent PCTs.’’.
21. On page 51133, column 3,
§ 1.482–0 is corrected by adding two
entries to the outline for § 1.482–
7(g)(2)(x)(A) and (g)(2)(x)(B) to read as
follows:
§ 1.482–0 Outline of regulations under
section 482.
*
*
*
*
*
§ 1.482–7 Methods to determine taxable
income in connection with a cost sharing
arrangement.
*
*
*
*
*
(g) * * *
(2) * * *
(x) * * *
(A) In general.
(B) Coordination with regard to PFAs.
*
*
*
*
*
22. On page 51133, column 3,
§ 1.482–7(g)(7), the language ‘‘Residual
profit split.’’ is corrected to read
‘‘Residual profit split method.’’.
23. On page 51134, column 1,
§ 1.482–7(i)(6)(vi)(A), second line, the
language ‘‘external contributions as in
the PCT.’’ is corrected to read ‘‘external
contribution as in the PCT.’’.
24. On page 51134, column 1,
§ 1.482–7(i)(6)(viii), the language
‘‘Documentation.’’ is removed.
§ 1.482–5
[Corrected]
25. On page 51136, column 3,
§ 1.482–7(b)(3)(viii), Example 4., second
line from the bottom of the paragraph,
the language ‘‘as Company’s P
acquisition of Company X,’’ is corrected
to read ‘‘as Company P’s acquisition of
Company X,’’.
26. On page 51140, column 3,
§ 1.482–7(e)(2)(ii)(C), sixth line, the
language ‘‘amortization) on account of
IDCS, may’’ is corrected to read
‘‘amortization) on account of IDCs,
may’’.
27. On page 51141, column 1,
§ 1.482–7(e)(2)(ii)(E), Example 2., lines
fourteen through seventeen, the
language ‘‘relative to USS’ units by a
factor of 2. This reflects the fact that FP
pays twice as much as USS as a
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
percentage of its other production costs
for electricity and,’’ is corrected to read
‘‘relative to USS’s units by a factor of 2.
This reflects the fact that FP pays twice
as much as USS for electricity and,’’.
28. On page 51142, column 1,
§ 1.482–7(e)(2)(iii)(B), paragraph (ii) of
Example 1., fourth line, the language
‘‘order to reflect USS’ one-year lag in’’
is corrected to read ‘‘order to reflect
USS’s one-year lag in’’.
29. On page 51142, column 2,
§ 1.482–7(g), ninth line, the language
‘‘provisions of § 1.482–1, including
best’’ is corrected to read ‘‘provisions of
§ 1.482–1, including the best’’.
30. On page 51143, column 1,
§ 1.482–7(g)(2)(iv)(B), paragraph (i) of
Example 1., first line of the column, the
language ‘‘product and are therefore the
RT Rights in’’ is corrected to read
‘‘product and therefore the RT Rights
in’’.
31. On page 51143, column 1,
§ 1.482–7(g)(2)(iv)(B), paragraph (iii) of
Example 1., third line, the language
‘‘product outside of the Country X for a
royalty’’ is corrected to read ‘‘product
outside of Country X for a royalty’’.
32. On page 51144, column 1,
§ 1.482–7(g)(2)(vi)(B), Example 1.,
twenty second line, the language
‘‘USPharm in the form of the RT Rights
in its’’ is corrected to read ‘‘USPharm
consisting of the RT Rights in its’’.
33. On page 51144, column 2,
§ 1.482–7(g)(2)(vi)(B), Example 2.,
fourth line from the top of the column,
the language ‘‘USPharm’s cost of debt is
6%. Equity’’ is corrected to read
‘‘USPharm’s after-tax cost of debt is 6%.
Equity’’.
34. On page 51144, column 2,
§ 1.482–7(g)(2)(vii)(B), paragraph (ii) of
Example 1., sixth line, the language
‘‘technology and workforce of Company
X’’ is corrected to read ‘‘technology and
workforce of Company X are’’.
35. On page 51144, column 3,
§ 1.482–7(g)(2)(vii)(B), paragraph (ii) of
Example 1., second line from the bottom
of the paragraph, the language ‘‘PCTs.
See paragraph (g)(5)(iv(A) of this’’ is
corrected to read ‘‘PCTs. See paragraph
(g)(5)(iv)(A) of this’’.
36. On page 51146, column 3,
§ 1.482–7(g)(4)(ii)(B), paragraph (i) of
Example., twentieth line, the language
‘‘did not participate in the CSA, its next
best’’ is corrected to read ‘‘did not
participate in the CSA, its best’’.
37. On page 51146, column 3,
§ 1.482–7(g)(4)(ii)(B), paragraph (ii) of
Example., fourth line, the language
‘‘present value to USP of the next best
realistic’’ is corrected to read ‘‘present
value to USP of the best realistic’’.
38. On page 51148, column 1,
§ 1.482–7(g)(4)(iv)(D), paragraph (ii) of
E:\FR\FM\21DEP1.SGM
21DEP1
rmajette on PROD1PC67 with PROPOSALS
Federal Register / Vol. 70, No. 244 / Wednesday, December 21, 2005 / Proposed Rules
Example., second line, the language
‘‘Payment under the income method is
an’’ is corrected to read ‘‘Payment based
on territorial sales under the income
method is an’’.
39. On page 51148, column 1,
§ 1.482–7(g)(4)(iv)(D), paragraph (ii) of
Example., fifth line, the language ‘‘case
the alternative rate is 80% (($80
million’’ is corrected to read ‘‘case the
alternative rate is 80% ($80 million’’.
40. On page 51148, column 1,
§ 1.482–7(g)(4)(iv)(D), paragraph (ii) of
Example., fourteenth line, the language
‘‘payable by the FS to the USP over the
period’’ is corrected to read ‘‘payable by
FS to USP over the period’’.
41. On page 51148, column 1,
§ 1.482–7(g)(4)(iv)(D), paragraph (iii) of
Example., sixth line, the language
‘‘alternative rate is 100% (($80 million’’
and is corrected to read ‘‘alternative rate
is 100% ($80 million’’.
42. On page 51148, column 1,
§ 1.482–7(g)(4)(iv)(D), paragraph (iii) of
Example., fifth line from the bottom of
the paragraph, the language ‘‘PCT
Payment, payable by the FS to the USP’’
is corrected to read ‘‘PCT Payment,
payable by FS to USP’’.
43. On page 51148, column 2,
§ 1.482–7(g)(4)(vi)(C), sixth line, the
language ‘‘considerations stated in
§ 1.482–5(c)’’ is corrected to read
‘‘considerations stated in § 1.482–5(c)
may’’.
44. On page 51149, column 1,
§ 1.482–7(g)(5)(v), eighth line from the
bottom of the paragraph, the language
‘‘acquisition price $100 million ($110
million’’ is corrected to read
‘‘acquisition price of $100 million ($110
million’’.
45. On page 51149, column 3,
§ 1.482–7(g)(6)(vi), Example 2., lines six
through nine, the language ‘‘reasonably
anticipated to contribute software
development that is the subject of the
CSA and are therefore not external
contributions and accordingly not
required to be covered ‘‘ is corrected to
read ‘‘reasonably anticipated to
contribute to the software development
that is the subject of the CSA and,
therefore, are not external contributions
and, accordingly, are not required to be
covered’’.
46. On page 51150, column 3,
§ 1.482–7(g)(7)(iii)(C)(4), second line
from the bottom of the paragraph, the
language ‘‘controlled participant for its
such’’ is corrected to read ‘‘controlled
participant for such’’.
47. On page 51151, column 1,
§ 1.482–7(g)(7)(iv)(D), third line, the
language ‘‘3, 1.482–4, and 1.482–5, or
with the’’ is corrected to read ‘‘3, 1.482–
4, and 1.482–5, or the’’.
VerDate Aug<31>2005
14:51 Dec 20, 2005
Jkt 208001
48. On page 51151, column 3,
§ 1.482–7(g)(7)(v)(ix), sixth line, the
language ‘‘amount of its territorial
operating iprofit or’’ is corrected to read
‘‘amount of its territorial operating
profit or’’.
49. On page 51154, column 1,
§ 1.482–7(i)(2)(ii)(D), paragraph (iii) of
Example 7., fourth line from the bottom
of the paragraph, the language
‘‘Commissioner adjusts costs shares for
each of’’ is corrected to read
‘‘Commissioner adjusts cost shares for
each of’’.
50. On page 51155, column 1,
§ 1.482–7(i)(6)(v)(A)(1), fifth and sixth
lines, the language ‘‘paragraphs
(i)(6)(vi)(A)(2) and (i)(6)(vi)(A)(3) of this
section.’’ is corrected to read
‘‘paragraphs (i)(6)(v)(A)(2) and
(i)(6)(v)(A)(3) of this section.’’.
51. On page 51155, column 2,
§ 1.482–7(i)(6)(v)(B)(1), fifth and sixth
lines, the language ‘‘specified in
paragraphs (i)(6)(vi)(B)(2) and
(i)(6)(vi)(B)(3) of this section.’’ is
corrected to read ‘‘specified in
paragraphs (i)(6)(v)(B)(2) and
(i)(6)(v)(B)(3) of this section.’’.
52. On page 51155, column 2,
§ 1.482–7(i)(6)(vi)(D)(1), fifth line, the
language ‘‘RT (as defined in paragraph
(b)(3)(iii) of’’ is corrected to read ‘‘RT (as
defined in paragraph (b)(3)(iv) of’’.
53. On page 51155, column 3,
§ 1.482–7(i)(6)(vi)(D)(2), second line, the
language ‘‘(i)(6)(vii)(D) of this section,
the’’ is corrected to read ‘‘(i)(6)(vi)(D) of
this section, the’’.
54. On page 51156, column 1,
§ 1.482–7(i)(6)(vi)(E), fourth line from
the top of the column, the language
‘‘CSA is, then no periodic adjustment
in’’ is corrected to read ‘‘CSA, then no
periodic adjustment in’’.
55. On page 51156, column 3,
§ 1.482–7(i)(6)(vi)(F)(vii), paragraph (ii)
of Example 1., third line, the language
‘‘cash flows include the lump sum PCT
of’’ is corrected to read ‘‘cash flows
include the lump sum PCT Payment of’’.
56. On page 51158, column 1,
§ 1.482–7(j)(1)(viii), Example 1., second
line from the bottom of the paragraph,
the language ‘‘derive a benefit from the
exploiting the’’ is corrected to read
‘‘derive a benefit from exploiting the’’.
57. On page 51158, column 3,
§ 1.482–7(j)(3)(iii), Example 1., twelfth
line, the language ‘‘FS’s share is 120X.
The payment will be’’ is corrected to
read ‘‘FS’s share is 120X so that FS must
make a payment to USP of 20X. The
payment will be’’.
58. On page 51160, column 1,
§ 1.482–7(k)(2)(ii)(J)(2), last line, the
language ‘‘use;’’ is corrected to read
‘‘used;’’.
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
75761
59. On page 51160, column 1,
§ 1.482–7(k)(2)(ii)(J)(4), fourth line, the
language ‘‘controlled participant
method selected’’ is corrected to read
‘‘controlled participant’s method
selected’’.
60. On page 51161, column 2,
§ 1.482–7(m)(3)(vii), fifth line, the
language ‘‘paragraph (m)(3)(iv) of this
section no’’ is corrected to read
‘‘paragraph (m)(3)(v) of this section no’’.
§ 1.482–8
[Corrected]
61. On page 51161, column 3,
§ 1.482–8, paragraph (i) of Example 10.,
fourteenth line, the language ‘‘Y, a
promising molecular compound
derived’’ is corrected to read ‘‘X, a
promising molecular compound
derived’’.
62. On page 51161, column 3,
§ 1.482–8, paragraph (i) of Example 11.,
sixth line, the language ‘‘are its
workforce and the its sole patent,’’ is
corrected to read ‘‘are its workforce and
its sole patent,’’.
63. On page 51161, column 3,
§ 1.482–8, paragraph (i) of Example 11.,
thirteenth line, the language ‘‘derived
from Compound Y. Compound X is’’ is
corrected to read ‘‘derived from
Compound Y. Compound Y is’’.
64. On page 51161, column 3,
§ 1.482–8, paragraph (i) of Example 11.,
eighteenth line, the language ‘‘the
developing Oncol under the CSA. The
RT’’ is corrected to read ‘‘developing
Oncol under the CSA. The RT’’.
65. On page 51162, column 2,
§ 1.482–8, paragraph (ii) of Example 14.,
sixth line, the language ‘‘evidence of the
arm’s length price of USP’’’ is corrected
to read ‘‘evidence of the arm’s length
price of USP’s’’.
Guy R. Traynor,
Acting Chief, Publications and Regulations
Branch, Legal Processing Division, Associate
Chief Counsel. (Procedure and
Administration)
[FR Doc. E5–7582 Filed 12–20–05; 8:45 am]
BILLING CODE 4830–01–P
E:\FR\FM\21DEP1.SGM
21DEP1
]]>Agencies
[Federal Register Volume 70, Number 244 (Wednesday, December 21, 2005)]
[Proposed Rules]
[Pages 75759-75761]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-7582]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG-144615-02]
RIN 1545-BB26
Section 482: Methods To Determine Taxable Income in Connection
With a Cost Sharing Arrangement; Correction
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Correction to notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This document corrects notice of proposed rulemaking (REG-
144615-02) that was published in the Federal Register on Monday, August
29, 2005 (70 FR 51116). The document contains proposed regulations that
provide guidance regarding methods under section 482 to determine
taxable income in connection with a cost sharing arrangement.
FOR FURTHER INFORMATION CONTACT: Jeffrey L. Parry or Christopher J.
Bello, (202) 435-5265 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
The notice of proposed rulemaking (REG-144615-02) that is the
subject of this correction is under section 482 of the Internal Revenue
Code.
Need for Correction
As published, REG-144615-02 contains errors that may prove to be
misleading and are in need of clarification.
Correction of Publication
Accordingly, the notice of proposed rulemaking (REG-144615-02),
that was the subject of FR Doc. 05-16626, is corrected as follows:
1. On page 51116, column 2, in the preamble, under the paragraph
heading ``Paperwork Reduction Act'', eighth paragraph, third line, the
language ``of information (see below);'' is corrected to read ``of
information (see above);''.
2. On page 51116, column 3, in the preamble, under the paragraph
heading ``Background'', tenth line from the bottom of the last
paragraph, the language ``for this type of external contributions is''
is corrected to read ``for this type of external contribution is''.
3. On page 51117, column 1, in the preamble, under the paragraph
heading ``A. Overview'', fourth line from the bottom of the first
paragraph, the language ``the commensurate income standard'' is
corrected to read ``the commensurate with income standard''.
4. On page 51117, column 2, in the preamble, under the paragraph
heading ``A. Overview'', the second line from the bottom of the column,
the language ``appropriate return would be provided to such'' is
corrected to read ``appropriate return would be required to such''.
5. On page 51118, column 2, in the preamble, under the paragraph
heading ``1. General Rule--Proposed Sec. 1.482-7(a)'', the last line
of the second paragraph, the language ``exploiting cost shared
intangibles.'' is corrected to read ``exploiting the cost shared
intangibles.''.
6. On page 51118, column 3, in the preamble, under the paragraph
heading ``1. General Rule Proposed Sec. 1.482-7(a)'', the second line
from the bottom of the first full paragraph of the column, the language
``the rules of Sec. Sec. 1.482-1 and 1.482-5'' is corrected to read
``the rules of Sec. Sec. 1.482-1 and 1.482-4''.
7. On page 51118, column 3, in the preamble, under the paragraph
heading ``a. CSA Transactions in General'', the eighth line of the
first paragraph, the language ``circumstances. ``(Emphasis added.)'' is
corrected to read ``circumstances * * * ``(Emphasis added.)''.
8. On page 51119, column 1, in the preamble, under the paragraph
heading ``a. CSA Transactions in General'', the fifteenth line of the
first paragraph of the column, the language ``expected in a cost
sharing agreement'' is corrected to read ``expected in a cost sharing
arrangement.''.
9. On page 51119, column 1, in the preamble, under the paragraph
heading ``a. CSA Transactions in General'', the second line from bottom
of the second full paragraph, the language ``be provided to such party
to reflect its'' is corrected to read ``be required to such party to
reflect its''.
10. On page 51124, column 3, in the preamble, under the paragraph
heading ``h. Valuation Consistent With the Investor Model--Proposed
Sec. 1.482-7(g)(2)(viii)'', the third line from the bottom of the
column, the language
[[Page 75760]]
``would be expected to yield a rate return'' is corrected to read
``would be expected to yield a rate of return''.
11. On page 51125, column 1, in the preamble, under the paragraph
heading ``h. Valuation Consistent With the Investor Model--Proposed
Sec. 1.482-7(g)(2)(viii)'', the sixth and seventh lines from the
bottom of the column, the language ``ins effectively diminish the value
of the buy-in payments, such that the return to'' is corrected to read
``ins effectively diminishes the value of the buy-in payments, such
that''.
12. On page 51125, column 2, in the preamble, under the paragraph
heading ``i. Coordination of Best Method Rule and Form of Payment--
Proposed Sec. 1.482-7(g)(2)(ix)'', the last line of the paragraph, the
language `` method as to its method payment form.'' is corrected to
read ``method.''.
13. On page 51127, column 1, in the preamble, under the paragraph
heading ``6. Market Capitalization Method--Proposed Sec. 1.482-
7(g)(6)'', the seventeenth and eighteenth lines of the first full
paragraph, the language ``separately accounted for under proposed Sec.
1.482-7(d) and by the value'' is corrected to read ``(separately
accounted for under proposed Sec. 1.482-7(d)) and by the value''.
14. On page 51128, column 3, in the preamble, under the paragraph
heading ``2. Allocations When CSTs Are Consistently and Materially
Disproportionate to RAB Shares--Proposed Sec. 1.482-7(i)(5)'', the
second full paragraph of the column, the first line, the language
``Current Sec. 1.482-7(g)(5) provides that'' is corrected to read
``Current Sec. 1.482-7(g)(5) to the extent it provides that''.
15. On page 51129, column 2, in the preamble, under the paragraph
heading ``3. Periodic Adjustments--Proposed Sec. 1.482-7(i)(6)'', the
fourth line from the bottom of the first full paragraph of the column,
the language ``would be provided to such party to'' is corrected to
read ``would be required to such party to''.
16. On page 51130, column 1, in the preamble, under the paragraph
heading ``3. Periodic Adjustments--Proposed Sec. 1.482-7(i)(6)'', the
seventh line from the top of the column, the language ``profits, cost
contributions, or PCT'' is corrected to read ``profits, cost
contributions, and PCT''.
17. On page 51130, column 3, in the preamble, under the paragraph
heading ``6. Territorial Operating Profit or Loss-Proposed Sec. 1.482-
7(j)(1)(vi)'', the sixth line of the paragraph, the language
``Activity, determined before an expense'' is corrected to read
``Activity, determined before any expense''.
Sec. 1.482-7 [Corrected]
18. On page 51133, column 2, Sec. 1.482-7(b)(5)(iii), the language
``Example.'' is corrected to read ``Examples.''.
19. On page 51133, column 2, Sec. 1.482-7(e)(2)(ii), the language
``Indirect bases for measuring benefits.'' is corrected to read
``Indirect bases for measuring anticipated benefits.''.
20. On page 51133, column 3, Sec. 1.482-7(g)(2)(x), the language
``Coordination of the valuations or prior and subsequent PCTs.'' is
corrected to read ``Coordination of the valuations of prior and
subsequent PCTs.''.
21. On page 51133, column 3, Sec. 1.482-0 is corrected by adding
two entries to the outline for Sec. 1.482-7(g)(2)(x)(A) and
(g)(2)(x)(B) to read as follows:
Sec. 1.482-0 Outline of regulations under section 482.
* * * * *
Sec. 1.482-7 Methods to determine taxable income in connection with a
cost sharing arrangement.
* * * * *
(g) * * *
(2) * * *
(x) * * *
(A) In general.
(B) Coordination with regard to PFAs.
* * * * *
22. On page 51133, column 3, Sec. 1.482-7(g)(7), the language
``Residual profit split.'' is corrected to read ``Residual profit split
method.''.
23. On page 51134, column 1, Sec. 1.482-7(i)(6)(vi)(A), second
line, the language ``external contributions as in the PCT.'' is
corrected to read ``external contribution as in the PCT.''.
24. On page 51134, column 1, Sec. 1.482-7(i)(6)(viii), the
language ``Documentation.'' is removed.
Sec. 1.482-5 [Corrected]
25. On page 51136, column 3, Sec. 1.482-7(b)(3)(viii), Example 4.,
second line from the bottom of the paragraph, the language ``as
Company's P acquisition of Company X,'' is corrected to read ``as
Company P's acquisition of Company X,''.
26. On page 51140, column 3, Sec. 1.482-7(e)(2)(ii)(C), sixth
line, the language ``amortization) on account of IDCS, may'' is
corrected to read ``amortization) on account of IDCs, may''.
27. On page 51141, column 1, Sec. 1.482-7(e)(2)(ii)(E), Example
2., lines fourteen through seventeen, the language ``relative to USS'
units by a factor of 2. This reflects the fact that FP pays twice as
much as USS as a percentage of its other production costs for
electricity and,'' is corrected to read ``relative to USS's units by a
factor of 2. This reflects the fact that FP pays twice as much as USS
for electricity and,''.
28. On page 51142, column 1, Sec. 1.482-7(e)(2)(iii)(B), paragraph
(ii) of Example 1., fourth line, the language ``order to reflect USS'
one-year lag in'' is corrected to read ``order to reflect USS's one-
year lag in''.
29. On page 51142, column 2, Sec. 1.482-7(g), ninth line, the
language ``provisions of Sec. 1.482-1, including best'' is corrected
to read ``provisions of Sec. 1.482-1, including the best''.
30. On page 51143, column 1, Sec. 1.482-7(g)(2)(iv)(B), paragraph
(i) of Example 1., first line of the column, the language ``product and
are therefore the RT Rights in'' is corrected to read ``product and
therefore the RT Rights in''.
31. On page 51143, column 1, Sec. 1.482-7(g)(2)(iv)(B), paragraph
(iii) of Example 1., third line, the language ``product outside of the
Country X for a royalty'' is corrected to read ``product outside of
Country X for a royalty''.
32. On page 51144, column 1, Sec. 1.482-7(g)(2)(vi)(B), Example
1., twenty second line, the language ``USPharm in the form of the RT
Rights in its'' is corrected to read ``USPharm consisting of the RT
Rights in its''.
33. On page 51144, column 2, Sec. 1.482-7(g)(2)(vi)(B), Example
2., fourth line from the top of the column, the language ``USPharm's
cost of debt is 6%. Equity'' is corrected to read ``USPharm's after-tax
cost of debt is 6%. Equity''.
34. On page 51144, column 2, Sec. 1.482-7(g)(2)(vii)(B), paragraph
(ii) of Example 1., sixth line, the language ``technology and workforce
of Company X'' is corrected to read ``technology and workforce of
Company X are''.
35. On page 51144, column 3, Sec. 1.482-7(g)(2)(vii)(B), paragraph
(ii) of Example 1., second line from the bottom of the paragraph, the
language ``PCTs. See paragraph (g)(5)(iv(A) of this'' is corrected to
read ``PCTs. See paragraph (g)(5)(iv)(A) of this''.
36. On page 51146, column 3, Sec. 1.482-7(g)(4)(ii)(B), paragraph
(i) of Example., twentieth line, the language ``did not participate in
the CSA, its next best'' is corrected to read ``did not participate in
the CSA, its best''.
37. On page 51146, column 3, Sec. 1.482-7(g)(4)(ii)(B), paragraph
(ii) of Example., fourth line, the language ``present value to USP of
the next best realistic'' is corrected to read ``present value to USP
of the best realistic''.
38. On page 51148, column 1, Sec. 1.482-7(g)(4)(iv)(D), paragraph
(ii) of
[[Page 75761]]
Example., second line, the language ``Payment under the income method
is an'' is corrected to read ``Payment based on territorial sales under
the income method is an''.
39. On page 51148, column 1, Sec. 1.482-7(g)(4)(iv)(D), paragraph
(ii) of Example., fifth line, the language ``case the alternative rate
is 80% (($80 million'' is corrected to read ``case the alternative rate
is 80% ($80 million''.
40. On page 51148, column 1, Sec. 1.482-7(g)(4)(iv)(D), paragraph
(ii) of Example., fourteenth line, the language ``payable by the FS to
the USP over the period'' is corrected to read ``payable by FS to USP
over the period''.
41. On page 51148, column 1, Sec. 1.482-7(g)(4)(iv)(D), paragraph
(iii) of Example., sixth line, the language ``alternative rate is 100%
(($80 million'' and is corrected to read ``alternative rate is 100%
($80 million''.
42. On page 51148, column 1, Sec. 1.482-7(g)(4)(iv)(D), paragraph
(iii) of Example., fifth line from the bottom of the paragraph, the
language ``PCT Payment, payable by the FS to the USP'' is corrected to
read ``PCT Payment, payable by FS to USP''.
43. On page 51148, column 2, Sec. 1.482-7(g)(4)(vi)(C), sixth
line, the language ``considerations stated in Sec. 1.482-5(c)'' is
corrected to read ``considerations stated in Sec. 1.482-5(c) may''.
44. On page 51149, column 1, Sec. 1.482-7(g)(5)(v), eighth line
from the bottom of the paragraph, the language ``acquisition price $100
million ($110 million'' is corrected to read ``acquisition price of
$100 million ($110 million''.
45. On page 51149, column 3, Sec. 1.482-7(g)(6)(vi), Example 2.,
lines six through nine, the language ``reasonably anticipated to
contribute software development that is the subject of the CSA and are
therefore not external contributions and accordingly not required to be
covered `` is corrected to read ``reasonably anticipated to contribute
to the software development that is the subject of the CSA and,
therefore, are not external contributions and, accordingly, are not
required to be covered''.
46. On page 51150, column 3, Sec. 1.482-7(g)(7)(iii)(C)(4), second
line from the bottom of the paragraph, the language ``controlled
participant for its such'' is corrected to read ``controlled
participant for such''.
47. On page 51151, column 1, Sec. 1.482-7(g)(7)(iv)(D), third
line, the language ``3, 1.482-4, and 1.482-5, or with the'' is
corrected to read ``3, 1.482-4, and 1.482-5, or the''.
48. On page 51151, column 3, Sec. 1.482-7(g)(7)(v)(ix), sixth
line, the language ``amount of its territorial operating iprofit or''
is corrected to read ``amount of its territorial operating profit or''.
49. On page 51154, column 1, Sec. 1.482-7(i)(2)(ii)(D), paragraph
(iii) of Example 7., fourth line from the bottom of the paragraph, the
language ``Commissioner adjusts costs shares for each of'' is corrected
to read ``Commissioner adjusts cost shares for each of''.
50. On page 51155, column 1, Sec. 1.482-7(i)(6)(v)(A)(1), fifth
and sixth lines, the language ``paragraphs (i)(6)(vi)(A)(2) and
(i)(6)(vi)(A)(3) of this section.'' is corrected to read ``paragraphs
(i)(6)(v)(A)(2) and (i)(6)(v)(A)(3) of this section.''.
51. On page 51155, column 2, Sec. 1.482-7(i)(6)(v)(B)(1), fifth
and sixth lines, the language ``specified in paragraphs
(i)(6)(vi)(B)(2) and (i)(6)(vi)(B)(3) of this section.'' is corrected
to read ``specified in paragraphs (i)(6)(v)(B)(2) and (i)(6)(v)(B)(3)
of this section.''.
52. On page 51155, column 2, Sec. 1.482-7(i)(6)(vi)(D)(1), fifth
line, the language ``RT (as defined in paragraph (b)(3)(iii) of'' is
corrected to read ``RT (as defined in paragraph (b)(3)(iv) of''.
53. On page 51155, column 3, Sec. 1.482-7(i)(6)(vi)(D)(2), second
line, the language ``(i)(6)(vii)(D) of this section, the'' is corrected
to read ``(i)(6)(vi)(D) of this section, the''.
54. On page 51156, column 1, Sec. 1.482-7(i)(6)(vi)(E), fourth
line from the top of the column, the language ``CSA is, then no
periodic adjustment in'' is corrected to read ``CSA, then no periodic
adjustment in''.
55. On page 51156, column 3, Sec. 1.482-7(i)(6)(vi)(F)(vii),
paragraph (ii) of Example 1., third line, the language ``cash flows
include the lump sum PCT of'' is corrected to read ``cash flows include
the lump sum PCT Payment of''.
56. On page 51158, column 1, Sec. 1.482-7(j)(1)(viii), Example 1.,
second line from the bottom of the paragraph, the language ``derive a
benefit from the exploiting the'' is corrected to read ``derive a
benefit from exploiting the''.
57. On page 51158, column 3, Sec. 1.482-7(j)(3)(iii), Example 1.,
twelfth line, the language ``FS's share is 120X. The payment will be''
is corrected to read ``FS's share is 120X so that FS must make a
payment to USP of 20X. The payment will be''.
58. On page 51160, column 1, Sec. 1.482-7(k)(2)(ii)(J)(2), last
line, the language ``use;'' is corrected to read ``used;''.
59. On page 51160, column 1, Sec. 1.482-7(k)(2)(ii)(J)(4), fourth
line, the language ``controlled participant method selected'' is
corrected to read ``controlled participant's method selected''.
60. On page 51161, column 2, Sec. 1.482-7(m)(3)(vii), fifth line,
the language ``paragraph (m)(3)(iv) of this section no'' is corrected
to read ``paragraph (m)(3)(v) of this section no''.
Sec. 1.482-8 [Corrected]
61. On page 51161, column 3, Sec. 1.482-8, paragraph (i) of
Example 10., fourteenth line, the language ``Y, a promising molecular
compound derived'' is corrected to read ``X, a promising molecular
compound derived''.
62. On page 51161, column 3, Sec. 1.482-8, paragraph (i) of
Example 11., sixth line, the language ``are its workforce and the its
sole patent,'' is corrected to read ``are its workforce and its sole
patent,''.
63. On page 51161, column 3, Sec. 1.482-8, paragraph (i) of
Example 11., thirteenth line, the language ``derived from Compound Y.
Compound X is'' is corrected to read ``derived from Compound Y.
Compound Y is''.
64. On page 51161, column 3, Sec. 1.482-8, paragraph (i) of
Example 11., eighteenth line, the language ``the developing Oncol under
the CSA. The RT'' is corrected to read ``developing Oncol under the
CSA. The RT''.
65. On page 51162, column 2, Sec. 1.482-8, paragraph (ii) of
Example 14., sixth line, the language ``evidence of the arm's length
price of USP''' is corrected to read ``evidence of the arm's length
price of USP's''.
Guy R. Traynor,
Acting Chief, Publications and Regulations Branch, Legal Processing
Division, Associate Chief Counsel. (Procedure and Administration)
[FR Doc. E5-7582 Filed 12-20-05; 8:45 am]
BILLING CODE 4830-01-P
