Partner's Distributive Share: Foreign Tax Expenditures; Correction, 70877 [E6-20722]
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Federal Register / Vol. 71, No. 235 / Thursday, December 7, 2006 / Rules and Regulations
sroberts on PROD1PC70 with RULES
§ 1.199–5T Application of section 199 to
pass-thru entities for taxable years
beginning after May 17, 2006, the enactment
date of the Tax Increase Prevention and
Reconciliation Act of 2005 (temporary).
(e) * * *
(4) * * *
(ii) * * *
(A) * * * In this step, in this
example, the portion of the trustee
commissions not directly attributable to
the rental operation ($2,000) is directly
attributable to non-trade or business
activities. In addition, the state income
and personal property taxes are not
directly attributable under § 1.652(b)–
3(a) to either trade or business or nontrade or business activities, so the
portion of those taxes not attributable to
either the PRS interests or the rental
operation is not a trade or business
expense and, thus, is not taken into
account in computing QPAI. The
portion of the state income and personal
property taxes that is treated as an other
trade or business expense is $3,000
($5,000 × $30,000 total trade or business
gross receipts/$50,000 total gross
receipts). * * *
*
*
*
*
*
(g) No attribution of qualified
activities. Except as provided in
§ 1.199–3T(i)(7) regarding qualifying inkind partnerships and § 1.199–3T(i)(8)
regarding EAG partnerships, an owner
of a pass-thru entity is not treated as
conducting the qualified production
activities of the pass-thru entity, and
vice versa. This rule applies to all
partnerships, including partnerships
that have elected out of subchapter K
under section 761(a). Accordingly, if a
partnership manufactures QPP within
the United States, or produces a
qualified film or produces utilities in
the United States, and distributes or
leases, rents, licenses, sells, exchanges,
or otherwise disposes of such property
to a partner who then, without
performing its own qualifying activity,
leases, rents, licenses, sells, exchanges,
or otherwise disposes of such property,
then the partner’s gross receipts from
this latter lease, rental, license, sale,
exchange, or other disposition are
treated as non-DPGR. In addition, if a
partner manufactures QPP within the
United States, or produces a qualified
film or produces utilities in the United
States, and contributes or leases, rents,
licenses, sells, exchanges, or otherwise
disposes of such property to a
partnership which then, without
performing its own qualifying activity,
leases, rents, licenses, sells, exchanges,
or otherwise disposes of such property,
then the partnership’s gross receipts
VerDate Aug<31>2005
20:43 Dec 06, 2006
Jkt 211001
from this latter disposition are treated as
non-DPGR.
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LaNita Van Dyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
[FR Doc. E6–20724 Filed 12–6–06; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
70877
Par. 2. Section 1.704–1 is amended by
revising instructional Par. 2, number 2
to read as follows:
1. * * *
2. The heading and text of paragraphs
(b)(1)(ii)(b), and (b)(5) Examples 25
through 27 are revised.
*
*
*
*
*
n Par. 3. Section 1.704–1(d)(5) is
amended by revising Example 25
paragraph (ii), the ninth sentence and
Example 26 paragraph (ii), the eighth
sentence to read as follows:
n
§ 1.704–1
Partner’s distributive share.
26 CFR Part 1
*
*
[TD 9292]
Example 25. * * *
(ii) * * * Accordingly, the country X taxes
will be reallocated according to the partners’
interests in the partnership.
Example 26. * * *
(ii) * * * Because AB’s partnership
agreement allocates the $80,000 of country X
taxes and $40,000 of country Y taxes in
proportion to the distributive shares of
income to which such taxes relate, the
allocations are deemed to be in accordance
with the partners’ interests in the partnership
under paragraph (b)(4)(viii) of this section.
RIN 1545–BB11
Partner’s Distributive Share: Foreign
Tax Expenditures; Correction
AGENCY: Internal Revenue Service (IRS),
Treasury.
ACTION: Correcting amendments.
SUMMARY: This document contains
correction to final regulations (TD 9292)
that were published in the Federal
Register on Thursday, October 19, 2006
(71 FR 61648) regarding the allocation
of creditable foreign tax expenditures by
partnerships.
DATES: The correction is effective
October 19, 2006.
FOR FURTHER INFORMATION CONTACT:
Timothy J. Leska, (202) 622–3050 or
Michael I. Gilman (202) 622–3850 (not
toll-free numbers).
SUPPLEMENTARY INFORMATION:
*
*
*
*
*
*
*
*
LaNita Van Dyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
[FR Doc. E6–20722 Filed 12–6–06; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Background
The correction notice that is the
subject of this document is under
section 704 of the Internal Revenue
Code.
Coast Guard
Need for Correction
As published, final regulations (TD
9292) contain errors that may prove to
be misleading and are in need of
clarification.
Drawbridge Operation Regulations;
Arkansas Waterway, Arkansas
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
SUMMARY: The Coast Guard is revising
the drawbridge operations for the Rob
Roy Drawbridge across the Arkansas
Waterway at Mile 67.4 at Pine Bluff,
Arkansas, the Baring Cross Railroad
Drawbridge across the Arkansas
Waterway at Mile 119.6 at Little Rock,
Arkansas, and the Van Buren Railroad
Drawbridge across the Arkansas
Waterway at Mile 300.8 at Van Buren,
Arkansas, to reflect the actual
procedures currently being followed. In
addition, the following three bridges
will be removed from 33 CFR 117.123
as they are locked in the open-to-
Correction of Publication
Accordingly, 26 CFR part 1 is
corrected by making the following
correcting amendments:
n
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 continues to read, in part, as
follows:
n
Authority: 26 U.S.C. 7805 * * *
PO 00000
Frm 00023
Fmt 4700
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33 CFR Part 117
[CGD08–06–005]
RIN 1625–AA09
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
E:\FR\FM\07DER1.SGM
07DER1
]]>Agencies
[Federal Register Volume 71, Number 235 (Thursday, December 7, 2006)]
[Rules and Regulations]
[Page 70877]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20722]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9292]
RIN 1545-BB11
Partner's Distributive Share: Foreign Tax Expenditures;
Correction
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Correcting amendments.
-----------------------------------------------------------------------
SUMMARY: This document contains correction to final regulations (TD
9292) that were published in the Federal Register on Thursday, October
19, 2006 (71 FR 61648) regarding the allocation of creditable foreign
tax expenditures by partnerships.
DATES: The correction is effective October 19, 2006.
FOR FURTHER INFORMATION CONTACT: Timothy J. Leska, (202) 622-3050 or
Michael I. Gilman (202) 622-3850 (not toll-free numbers).
SUPPLEMENTARY INFORMATION:
Background
The correction notice that is the subject of this document is under
section 704 of the Internal Revenue Code.
Need for Correction
As published, final regulations (TD 9292) contain errors that may
prove to be misleading and are in need of clarification.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and recordkeeping requirements.
Correction of Publication
0
Accordingly, 26 CFR part 1 is corrected by making the following
correcting amendments:
PART 1--INCOME TAXES
0
Paragraph 1. The authority citation for part 1 continues to read, in
part, as follows:
Authority: 26 U.S.C. 7805 * * *
0
Par. 2. Section 1.704-1 is amended by revising instructional Par. 2,
number 2 to read as follows:
1. * * *
2. The heading and text of paragraphs (b)(1)(ii)(b), and (b)(5)
Examples 25 through 27 are revised.
* * * * *
0
Par. 3. Section 1.704-1(d)(5) is amended by revising Example 25
paragraph (ii), the ninth sentence and Example 26 paragraph (ii), the
eighth sentence to read as follows:
Sec. 1.704-1 Partner's distributive share.
* * * * *
Example 25. * * *
(ii) * * * Accordingly, the country X taxes will be reallocated
according to the partners' interests in the partnership.
Example 26. * * *
(ii) * * * Because AB's partnership agreement allocates the
$80,000 of country X taxes and $40,000 of country Y taxes in
proportion to the distributive shares of income to which such taxes
relate, the allocations are deemed to be in accordance with the
partners' interests in the partnership under paragraph (b)(4)(viii)
of this section.
* * * * *
LaNita Van Dyke,
Chief, Publications and Regulations Branch, Legal Processing Division,
Associate Chief Counsel (Procedure and Administration).
[FR Doc. E6-20722 Filed 12-6-06; 8:45 am]
BILLING CODE 4830-01-P
