United States Dollar Approximate Separate Transactions Method, 39604-39606 [E6-10998]
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rwilkins on PROD1PC63 with PROPOSAL
39604
Federal Register / Vol. 71, No. 134 / Thursday, July 13, 2006 / Proposed Rules
the above-referenced proceeding on July
18, 2006, in the Commission Meeting
Room. The meeting will begin at 9 a.m.
(Eastern Daylight Savings Time) and
conclude at approximately 1:30 p.m. All
interested persons are invited to attend.
There is no registration fee to attend this
conference.
Nine comments were filed in response
to the proposed Uniform System of
Accounts for Centralized Service
Companies, the proposed records
retention requirements for holding
companies and service companies, and
the revised FERC Form No. 60.1 These
comments raise a number of issues. We
request that the panel members address
the following issues raised by
commentors:
1. Is a separate Uniform System of
Accounts necessary for service
companies?
2. Are the proposed accounting and
reports too burdensome to comply with?
What parts cause the most burden?
3. Should a structured reporting
format be required for service
companies?
4. If a separate Uniform System of
Accounts and structured reports are
adopted, what are the most significant
modifications to what was proposed in
the NOPR that should be considered?
5. What should the effective date be
for the new requirements?
Transcripts of the meeting will be
available immediately for a fee from Ace
Reporting Company ((202) 347–3700 or
1–(800) 336–6646). They will be
available for free on the Commission’s
eLibrary system and on the events
calendar about two weeks after the
conference. There will be open
microphones for conference attendees to
present their questions to the panelists
and Commission staff.
FERC conferences and meetings are
accessible under section 508 of the
Rehabilitation Act of 1973. For
accessibility accommodations, please
send an e-mail to accessibility@ferc.gov
or call toll free (866) 208–3372 (voice)
or (202) 502–8659 (TTY), or send a fax
to (202) 208–2106 with the required
accommodations.
Attached is the agenda, including the
panelists who will speak at the
conference.
Questions about the conference
should be directed to: Julia A. Lake,
Office of the General Counsel, Federal
Energy Regulatory Commission, 888
1 Financial Accounting, Reporting and Records
Retention Requirements under the Public Utility
Holding Company Act of 2005, Notice of Proposed
Rulemaking, 71 FR 28464 (May 16, 2006), FERC
Statutes and Regulations ¶ 32,600 (2006).
VerDate Aug<31>2005
18:46 Jul 12, 2006
Jkt 208001
First Street, NE., Washington, DC 20426.
(202) 502–8370. Julia.lake@ferc.gov.
Magalie R. Salas,
Secretary.
9–9:10 a.m. Introductory Remarks by
Susan Court, Director, Office of
Enforcement (OE).
9:10–9:20 a.m. Overview by Janice
Garrison Nicholas, Director,
Division of Financial Regulation,
Office of Enforcement.
9:15–11 a.m. Association and Industry
Panel.
Panelists:
—Henri Bartholomot—Director,
Regulatory Legal Issues, Edison
Electric Institute.
—David Stringfellow—Director of
Accounting, Edison Electric
Institute.
—Kathleen McNulty-Kropp—
Manager, Regulatory Accounting
Policy and Reporting, Xcel Energy
Inc. for Edison Electric InstituteWilliam Richert—Assistant
Controller, National Grid USA.
—Sandra Bennett—Assistant
Controller, American Electric
Power, Inc.
—Beverly M. Holmes—Director of
Accounting, Southern Company
Services, Inc.
11–11:15 a.m. Break.
11:15 a.m.–1 p.m. State Commissions
and Other Interest Groups Panel.
Panelists:
—Thomas J. Ferris—Audit ManagerConsultant, Gas and Energy
Division, Public Service
Commission of Wisconsin.
—Joseph Buckley—Utility Specialist,
Public Utilities Commission of
Ohio.
—James Mitchell—Supervisor, Utility,
Accounting and Finance, New York
State Public Service Commission.
—Steven Ruppel—Contract
Compliance Audit Manager, Florida
Municipal Power Agency.
1–1:15 p.m. Wrap up Questions and
Answers.
1:15–1:30 p.m. Concluding Remarks.
[FR Doc. E6–11001 Filed 7–12–06; 8:45 am]
BILLING CODE 6717–01–P
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Internal Revenue Service
26 CFR Part 1
Agenda for Financial Accounting,
Reporting and Records Retention
Requirements Under PUHCA 2005
Technical Conference—July 18, 2006
PO 00000
DEPARTMENT OF THE TREASURY
Sfmt 4702
[REG–118897–06]
RIN 1545–BF67
United States Dollar Approximate
Separate Transactions Method
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: This document contains a
proposed regulation which provides the
translation rates that must be used when
translating into dollars certain items and
amounts transferred by a qualified
business unit (QBU) to its home office
or parent corporation for purposes of
computing dollar approximate separate
transactions method (DASTM) gain or
loss.
Written or electronic comments
and requests for a public hearing must
be received by October 11, 2006.
ADDRESSES: Send submissions to:
CC:PA:LPD:PR (REG–118897–06), room
5203, Internal Revenue Service, PO Box
7604, Ben Franklin Station, Washington,
DC 20044. Submissions may be handdelivered Monday through Friday
between the hours of 8 a.m. and 4 p.m.
to CC:PA:LPD:PR (REG–118897–06),
Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue,
NW., Washington, DC, or sent
electronically, via the IRS Internet site
at https://www.irs.gov/regs or via the
Federal eRulemaking Portal at https://
www.regulations.gov (IRS REG–118897–
06).
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
Sheila Ramaswamy, at (202) 622–3870;
concerning submissions of comments,
Richard Hurst@irscounsel.treas.gov,
(202) 622–7180 (not toll-free numbers).
SUPPLEMENTARY INFORMATION:
DATES:
Background
Generally, a taxpayer and each of its
qualified business units (QBUs) must
make all determinations under subtitle
A of the Internal Revenue Code in its
respective functional currency. See
§ 1.985–1(a)(1). For taxable years
beginning after August 24, 1994, a U.S.
corporation’s QBU that would otherwise
be required to use a hyperinflationary
currency as its functional currency
generally must use the dollar as its
functional currency and must compute
income or loss under the DASTM
method of accounting described in
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Federal Register / Vol. 71, No. 134 / Thursday, July 13, 2006 / Proposed Rules
rwilkins on PROD1PC63 with PROPOSAL
§ 1.985–3. See § 1.985–1(b)(2)(ii).
Section 1.985–3(d)(3) contains a rule for
translating into dollars dividends,
certain transfers, and returns of capital
from the QBU to its home office or
parent corporation. On March 8, 2005,
Notice 2005–27, 2005–13 IRB 795, (see
§ 601.601(d)(2) of this chapter),
announced the intention to amend
§ 1.985–3(d)(3) regarding the proper
exchange rate for determining DASTM
gain or loss when translating certain
current and historical assets upon a
transfer from a QBU to its home office
or parent corporation, as the case may
be.
Explanation of Provisions
Under the DASTM method of
accounting, a QBU’s income or loss for
a taxable year is computed in U.S.
dollars and adjusted to account for its
DASTM gain or loss. See § 1.985–3(b). A
QBU’s DASTM gain or loss for a taxable
year is determined under § 1.985–3(d)
by first computing the QBU’s change in
net worth from the prior year and then
making specified adjustments. The
QBU’s change in net worth is computed
by comparing the year-end balance
sheets for the current and preceding
taxable years. See § 1.985–3(d)(1)(i).
Special rules provide that some balancesheet items are translated at the
exchange rate for the translation period
in which the cost of the item was
incurred and so do not give rise to
DASTM gain or loss from year to year
(‘‘historical items’’). See § 1.985–3(d)(5).
Other items are translated at the
exchange rate for the last translation
period for the taxable year and therefore
do give rise to DASTM gain or loss
(‘‘current items’’). See § 1.985–3(d)(5).
The classification of an item as
historical or current generally reflects
the extent to which the item’s dollar
value changes with fluctuations in
exchange rates. For example, the dollar
value of a financial asset, such as a unit
of hyperinflationary local currency,
necessarily changes with fluctuations in
exchange rates. Accordingly, a financial
asset generally is a current item. See
§ 1.985–3(d)(5)(iv). By contrast, the
value of a nonfinancial asset generally
does not change with fluctuations in
exchange rates. Accordingly, a
nonfinancial asset generally is an
historical item. See § 1.985–3(d)(5)(v).
The computed change in the QBU’s
net worth is then adjusted to reflect
transactions that increase or decrease
the QBU’s net worth without affecting
the QBU’s income or loss. For example,
an asset transferred from a QBU branch
to its home office decreases the QBU’s
net worth but does not affect the QBU’s
income or loss and so must be added
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18:46 Jul 12, 2006
Jkt 208001
back to the QBU’s net worth for
purposes of computing DASTM gain or
loss. See § 1.985–3(d)(3).
The DASTM method of accounting
provides that adjustments described in
the preceding paragraphs generally shall
be translated into dollars at the
exchange rate on the date the amount is
paid. See § 1.985–3(d)(3). This rule
ensures that the QBU branch properly
takes into account a current item’s
change in value due to currency
fluctuations while the item was in the
QBU branch. However, applying this
translation rule to historical items could
potentially lead to distortions in the
calculation of DASTM gain or loss.
Because the value of historical items
generally does not change with
fluctuations in exchange rates,
translating adjustments relating to
historical items at the exchange rate on
the date of distribution or transfer
would inappropriately give rise to
DASTM gain or loss.
The potentially anomalous results
that may arise due to the application of
the existing translation rule in § 1.985–
3(d)(3) can be prevented by modifying
the rule to ensure that only the assets
whose dollar value changes with
fluctuations in exchange rates will give
rise to DASTM gain or loss upon a
transfer from a QBU to its home office.
Accordingly, this proposed regulation
amends § 1.985–3(d)(3) in accordance
with Notice 2005–27 as follows. The
proposed regulation provides that if the
item giving rise to the adjustment is a
current asset which would be translated
under § 1.985–3(d)(5) at the exchange
rate for the last translation period of the
taxable year if it were on the QBU’s
year-end balance sheet, the item will be
translated at the exchange rate on the
date the item is transferred. However, if
the item giving rise to the adjustment is
a historical asset which would be
translated under § 1.985–3(d)(5) at the
exchange rate for the translation period
in which the cost of the item was
incurred if it were on the QBU’s yearend balance sheet, the item will be
translated at the same historical rate.
has also been determined that section
553(b) of the Administrative Procedure
Act (5 U.S.C. chapter 5) does not apply
to these regulations, and because these
regulations do not impose a collection
of information on small entities, the
provisions of the Regulatory Flexibility
Act (5 U.S.C. chapter 6) do not apply.
Pursuant to section 7805(f) of the
Internal Revenue Code, this notice of
proposed rulemaking will be submitted
to the Chief Counsel for Advocacy of the
Small Business Administration for
comment on its impact on small
business.
Proposed Effective Date
Consistent with Notice 2005–27, this
regulation is proposed to be effective for
any transfer, dividend, or distribution
that is a return of capital that is made
after March 8, 2005, and that gives rise
to an adjustment under § 1.985–3(d)(3).
PART 1—INCOME TAXES
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. It
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Comments and Requests for 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 Treasury Department request
comments on the clarity of the proposed
rules and how they can be made easier
to understand. All comments will be
available for public inspection and
copying. A public hearing will be
scheduled if requested in writing by any
person that timely submits written
comments. If a public hearing is
scheduled, notice of the date, time, and
place for a public hearing will be
published in the Federal Register.
Drafting Information
The principal author of these
proposed regulations is Sheila
Ramaswamy, Office of Associate Chief
Counsel (International). However, other
personnel from the IRS and Treasury
Department participated in their
development.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Proposed Amendment to the
Regulations
Accordingly, 26 CFR part 1 is
proposed to be amended as follows:
Paragraph 1. The authority citation
for part 1 continues to read in part as
follows:
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 1.985–3 is amended by
revising paragraph (d)(3) to read as
follows:
§ 1.985–3 United States dollar approximate
separate transactions method.
*
*
*
(d) * * *
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*
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Federal Register / Vol. 71, No. 134 / Thursday, July 13, 2006 / Proposed Rules
(3) Positive adjustments—(i) In
general. The items described in this
paragraph (d)(3) are dividend
distributions for the taxable year and
any items that decrease net worth for
the taxable year but that generally do
not affect income or loss or earnings and
profits (or a deficit in earnings and
profits). Such items include a transfer to
the home office of a QBU branch and a
return of capital.
(ii) Translation. Except as provided by
ruling or administrative
pronouncement, items described in
paragraph (d)(3)(i) of this section shall
be translated into dollars as follows:
(A) If the item giving rise to the
adjustment would be translated under
paragraph (d)(5) of this section at the
exchange rate for the last translation
period of the taxable year if it were
shown on the QBU’s year-end balance
sheet, such item shall be translated at
the exchange rate on the date the item
is transferred.
(B) If the item giving rise to the
adjustment would be translated under
paragraph (d)(5) of this section at the
exchange rate for the translation period
in which the cost of the item was
incurred if it were shown on the QBU’s
year-end balance sheet, such item shall
be translated at the same historical rate.
(iii) Effective date. Paragraph (d)(3)(ii)
of this section is applicable for any
transfer, dividend, or distribution that is
a return of capital that is made after
March 8, 2005, and that gives rise to an
adjustment under this paragraph (d)(3).
*
*
*
*
*
Mark E. Matthews,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. E6–10998 Filed 7–12–06; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
31 CFR Part 103
RIN 1506–AA81
Financial Crimes Enforcement
Network; Withdrawal of the Finding of
Primary Money Laundering Concern
and the Notice of Proposed
Rulemaking Against Multibanka
Financial Crimes Enforcement
Network, Department of the Treasury.
ACTION: Withdrawal of the notice of
proposed rulemaking.
rwilkins on PROD1PC63 with PROPOSAL
AGENCY:
SUMMARY: This document withdraws our
April 26, 2005 finding that joint stock
company Multibanka (‘‘Multibanka’’ or
the ‘‘bank’’) is a financial institution of
primary money laundering concern and
VerDate Aug<31>2005
18:46 Jul 12, 2006
Jkt 208001
our notice of proposed rulemaking
recommending the imposition of a
special measure, pursuant to the
authority contained in 31 U.S.C. 5318A
of the Bank Secrecy Act.
DATES: The notice of proposed
rulemaking is withdrawn as of July 13,
2006.
FOR FURTHER INFORMATION CONTACT:
Regulatory Policy and Programs
Division, Financial Crimes Enforcement
Network, (800) 949–2732.
SUPPLEMENTARY INFORMATION:
I. Background
A. Statutory Provisions
On October 26, 2001, the President
signed into law the Uniting and
Strengthening America by Providing
Appropriate Tools Required to Intercept
and Obstruct Terrorism Act of 2001,
Public Law 107–56 (‘‘USA PATRIOT
Act’’). Title III of the USA PATRIOT Act
amends the anti-money laundering
provisions of the Bank Secrecy Act,
codified at 12 U.S.C. 1829b, 12 U.S.C.
1951–1959, and 31 U.S.C. 5311–5314
and 5316–5332, to promote the
prevention, detection, and prosecution
of money laundering and the financing
of terrorism. Regulations implementing
the Bank Secrecy Act appear at 31 CFR
part 103. The authority of the Secretary
of the Treasury (the ‘‘Secretary’’) to
administer the Bank Secrecy Act and its
implementing regulations has been
delegated to the Director of the
Financial Crimes Enforcement Network
(the ‘‘Director’’).1 The Bank Secrecy Act
authorizes the Director to issue
regulations requiring all financial
institutions defined as such in the Bank
Secrecy Act to maintain or file certain
reports or records that have been
determined to have a high degree of
usefulness in criminal, tax, or regulatory
investigations or proceedings, or in the
conduct of intelligence or counterintelligence activities, including
analysis, to protect against international
terrorism, and to implement anti-money
laundering programs and compliance
procedures.2
Section 311 of the USA PATRIOT Act
added section 5318A to the Bank
Secrecy Act, granting the Secretary the
authority, after finding that reasonable
grounds exist for concluding that a
foreign jurisdiction, foreign financial
1 Therefore, references to the authority of the
Secretary of the Treasury under section 311 of the
USA PATRIOT Act apply equally to the Director of
the Financial Crimes Enforcement Network.
2 Language expanding the scope of the Bank
Secrecy Act to intelligence or counter-intelligence
activities to protect against international terrorism
was added by section 358 of the USA PATRIOT
Act.
PO 00000
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Fmt 4702
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institution, class of international
transactions, or type of account is of
‘‘primary money laundering concern,’’
to require domestic financial
institutions and domestic financial
agencies to take certain ‘‘special
measures’’ against the primary money
laundering concern. Section 311
identifies factors for the Secretary to
consider and Federal agencies to consult
before he may find that reasonable
grounds exist for concluding that a
jurisdiction, financial institution, class
of transactions, or type of account is of
primary money laundering concern. The
statute also provides similar procedures,
including factors and consultation
requirements, for selecting the specific
special measures to be imposed against
the primary money laundering concern.
Taken as a whole, section 311
provides the Secretary with a range of
options that can be adapted to target
specific money laundering and terrorist
financing concerns most effectively.
These options provide the authority to
bring additional and useful pressure on
those jurisdictions and institutions that
pose money laundering threats and the
ability to take steps to protect the U.S.
financial system. Through the
imposition of various special measures,
we can: Gain more information about
the concerned jurisdictions, financial
institutions, transactions, and accounts;
monitor more effectively the respective
jurisdictions, financial institutions,
transactions, and accounts; and
ultimately protect U.S. financial
institutions from involvement with
jurisdictions, financial institutions,
transactions, or accounts that pose a
money laundering concern.
Before making a finding that
reasonable grounds exist for concluding
that a foreign financial institution is of
primary money laundering concern, the
Secretary is required by the Bank
Secrecy Act to consult with both the
Secretary of State and the Attorney
General.
In addition to these consultations,
when finding that a foreign financial
institution is of primary money
laundering concern, the Secretary is
required by section 311 to consider
‘‘such information as the Secretary
determines to be relevant, including the
following potentially relevant factors:’’
• The extent to which such financial
institution is used to facilitate or
promote money laundering in or
through the jurisdiction;
• The extent to which such financial
institution is used for legitimate
business purposes in the jurisdiction;
and
• The extent to which such action is
sufficient to ensure, with respect to
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]]>Agencies
[Federal Register Volume 71, Number 134 (Thursday, July 13, 2006)]
[Proposed Rules]
[Pages 39604-39606]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10998]
=======================================================================
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG-118897-06]
RIN 1545-BF67
United States Dollar Approximate Separate Transactions Method
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This document contains a proposed regulation which provides
the translation rates that must be used when translating into dollars
certain items and amounts transferred by a qualified business unit
(QBU) to its home office or parent corporation for purposes of
computing dollar approximate separate transactions method (DASTM) gain
or loss.
DATES: Written or electronic comments and requests for a public hearing
must be received by October 11, 2006.
ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG-118897-06), room
5203, Internal Revenue Service, PO Box 7604, Ben Franklin Station,
Washington, DC 20044. Submissions may be hand-delivered Monday through
Friday between the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (REG-
118897-06), Courier's Desk, Internal Revenue Service, 1111 Constitution
Avenue, NW., Washington, DC, or sent electronically, via the IRS
Internet site at https://www.irs.gov/regs or via the Federal eRulemaking
Portal at https://www.regulations.gov (IRS REG-118897-06).
FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations,
Sheila Ramaswamy, at (202) 622-3870; concerning submissions of
comments, Richard Hurst@irscounsel.treas.gov, (202) 622-7180 (not toll-
free numbers).
SUPPLEMENTARY INFORMATION:
Background
Generally, a taxpayer and each of its qualified business units
(QBUs) must make all determinations under subtitle A of the Internal
Revenue Code in its respective functional currency. See Sec. 1.985-
1(a)(1). For taxable years beginning after August 24, 1994, a U.S.
corporation's QBU that would otherwise be required to use a
hyperinflationary currency as its functional currency generally must
use the dollar as its functional currency and must compute income or
loss under the DASTM method of accounting described in
[[Page 39605]]
Sec. 1.985-3. See Sec. 1.985-1(b)(2)(ii). Section 1.985-3(d)(3)
contains a rule for translating into dollars dividends, certain
transfers, and returns of capital from the QBU to its home office or
parent corporation. On March 8, 2005, Notice 2005-27, 2005-13 IRB 795,
(see Sec. 601.601(d)(2) of this chapter), announced the intention to
amend Sec. 1.985-3(d)(3) regarding the proper exchange rate for
determining DASTM gain or loss when translating certain current and
historical assets upon a transfer from a QBU to its home office or
parent corporation, as the case may be.
Explanation of Provisions
Under the DASTM method of accounting, a QBU's income or loss for a
taxable year is computed in U.S. dollars and adjusted to account for
its DASTM gain or loss. See Sec. 1.985-3(b). A QBU's DASTM gain or
loss for a taxable year is determined under Sec. 1.985-3(d) by first
computing the QBU's change in net worth from the prior year and then
making specified adjustments. The QBU's change in net worth is computed
by comparing the year-end balance sheets for the current and preceding
taxable years. See Sec. 1.985-3(d)(1)(i). Special rules provide that
some balance-sheet items are translated at the exchange rate for the
translation period in which the cost of the item was incurred and so do
not give rise to DASTM gain or loss from year to year (``historical
items''). See Sec. 1.985-3(d)(5). Other items are translated at the
exchange rate for the last translation period for the taxable year and
therefore do give rise to DASTM gain or loss (``current items''). See
Sec. 1.985-3(d)(5).
The classification of an item as historical or current generally
reflects the extent to which the item's dollar value changes with
fluctuations in exchange rates. For example, the dollar value of a
financial asset, such as a unit of hyperinflationary local currency,
necessarily changes with fluctuations in exchange rates. Accordingly, a
financial asset generally is a current item. See Sec. 1.985-
3(d)(5)(iv). By contrast, the value of a nonfinancial asset generally
does not change with fluctuations in exchange rates. Accordingly, a
nonfinancial asset generally is an historical item. See Sec. 1.985-
3(d)(5)(v).
The computed change in the QBU's net worth is then adjusted to
reflect transactions that increase or decrease the QBU's net worth
without affecting the QBU's income or loss. For example, an asset
transferred from a QBU branch to its home office decreases the QBU's
net worth but does not affect the QBU's income or loss and so must be
added back to the QBU's net worth for purposes of computing DASTM gain
or loss. See Sec. 1.985-3(d)(3).
The DASTM method of accounting provides that adjustments described
in the preceding paragraphs generally shall be translated into dollars
at the exchange rate on the date the amount is paid. See Sec. 1.985-
3(d)(3). This rule ensures that the QBU branch properly takes into
account a current item's change in value due to currency fluctuations
while the item was in the QBU branch. However, applying this
translation rule to historical items could potentially lead to
distortions in the calculation of DASTM gain or loss. Because the value
of historical items generally does not change with fluctuations in
exchange rates, translating adjustments relating to historical items at
the exchange rate on the date of distribution or transfer would
inappropriately give rise to DASTM gain or loss.
The potentially anomalous results that may arise due to the
application of the existing translation rule in Sec. 1.985-3(d)(3) can
be prevented by modifying the rule to ensure that only the assets whose
dollar value changes with fluctuations in exchange rates will give rise
to DASTM gain or loss upon a transfer from a QBU to its home office.
Accordingly, this proposed regulation amends Sec. 1.985-3(d)(3) in
accordance with Notice 2005-27 as follows. The proposed regulation
provides that if the item giving rise to the adjustment is a current
asset which would be translated under Sec. 1.985-3(d)(5) at the
exchange rate for the last translation period of the taxable year if it
were on the QBU's year-end balance sheet, the item will be translated
at the exchange rate on the date the item is transferred. However, if
the item giving rise to the adjustment is a historical asset which
would be translated under Sec. 1.985-3(d)(5) at the exchange rate for
the translation period in which the cost of the item was incurred if it
were on the QBU's year-end balance sheet, the item will be translated
at the same historical rate.
Proposed Effective Date
Consistent with Notice 2005-27, this regulation is proposed to be
effective for any transfer, dividend, or distribution that is a return
of capital that is made after March 8, 2005, and that gives rise to an
adjustment under Sec. 1.985-3(d)(3).
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. It has also
been determined that section 553(b) of the Administrative Procedure Act
(5 U.S.C. chapter 5) does not apply to these regulations, and because
these regulations do not impose a collection of information on small
entities, the provisions of the Regulatory Flexibility Act (5 U.S.C.
chapter 6) do not apply. Pursuant to section 7805(f) of the Internal
Revenue Code, this notice of proposed rulemaking will be submitted to
the Chief Counsel for Advocacy of the Small Business Administration for
comment on its impact on small business.
Comments and Requests for 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 Treasury Department request comments on the clarity of
the proposed rules and how they can be made easier to understand. All
comments will be available for public inspection and copying. A public
hearing will be scheduled if requested in writing by any person that
timely submits written comments. If a public hearing is scheduled,
notice of the date, time, and place for a public hearing will be
published in the Federal Register.
Drafting Information
The principal author of these proposed regulations is Sheila
Ramaswamy, Office of Associate Chief Counsel (International). However,
other personnel from the IRS and Treasury Department participated in
their development.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and recordkeeping requirements.
Proposed Amendment to the Regulations
Accordingly, 26 CFR part 1 is proposed to be amended as follows:
PART 1--INCOME 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 1.985-3 is amended by revising paragraph (d)(3) to
read as follows:
Sec. 1.985-3 United States dollar approximate separate transactions
method.
* * * * *
(d) * * *
[[Page 39606]]
(3) Positive adjustments--(i) In general. The items described in
this paragraph (d)(3) are dividend distributions for the taxable year
and any items that decrease net worth for the taxable year but that
generally do not affect income or loss or earnings and profits (or a
deficit in earnings and profits). Such items include a transfer to the
home office of a QBU branch and a return of capital.
(ii) Translation. Except as provided by ruling or administrative
pronouncement, items described in paragraph (d)(3)(i) of this section
shall be translated into dollars as follows:
(A) If the item giving rise to the adjustment would be translated
under paragraph (d)(5) of this section at the exchange rate for the
last translation period of the taxable year if it were shown on the
QBU's year-end balance sheet, such item shall be translated at the
exchange rate on the date the item is transferred.
(B) If the item giving rise to the adjustment would be translated
under paragraph (d)(5) of this section at the exchange rate for the
translation period in which the cost of the item was incurred if it
were shown on the QBU's year-end balance sheet, such item shall be
translated at the same historical rate.
(iii) Effective date. Paragraph (d)(3)(ii) of this section is
applicable for any transfer, dividend, or distribution that is a return
of capital that is made after March 8, 2005, and that gives rise to an
adjustment under this paragraph (d)(3).
* * * * *
Mark E. Matthews,
Deputy Commissioner for Services and Enforcement.
[FR Doc. E6-10998 Filed 7-12-06; 8:45 am]
BILLING CODE 4830-01-P
