Dual Consolidated Loss Regulations; Correction, 20424-20425 [E7-7780]
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20424
Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Jeffrey P. Cowan, (202) 622–3860 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
Background
The final regulations that are the
subject of this document are under
section 1503(d) of the Internal Revenue
Code.
Need for Correction
As published, final regulations (TD
9315) 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
Accordingly, 26 CFR part 1 is
corrected by making the following
correcting amendments:
I
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 continues to read in part as
follows:
I
Authority: 26 U.S.C. 7805 * * *
I Par. 2. Section 1.1503(d)–0 is
amended by revising the entries (1) and
(2) of Section 1.1503(d)–8(b). The
revisions read as follows:
§ 1.1503(d)–0
*
*
*
§ 1.1503(d)–8
Table of contents.
*
*
Effective dates.
*
*
*
*
*
(b) * * *
(1) Reduction of term of agreements
filed under §§ 1.1503–2A(c)(3), 1.1503–
2A(d)(3), 1.1503–2(g)(2)(i), or 1.1503–
2T(g)(2)(i).
(2) Reduction of term of agreements
filed under §§ 1.1503–2(g)(2)(iv)(B)(2)(i)
(1992), 1.1503–2(g)(2)(iv)(B)(3)(i), or
Rev. Proc. 2000–42.
*
*
*
*
*
I Par. 3. Section 1.1503(d)–5 is
amended by revising the last sentence of
paragraph (a), the second sentence of
paragraph (c)(4)(i)(A), and the only
sentence of paragraph (d) to read as
follows:
cprice-sewell on PRODPC61 with RULES
§ 1.1503(d)–5 Attribution of items and
basis adjustments.
(a) * * * The rules in this section
apply for purposes of §§ 1.1503(d)–1
through 1.1503(d)–7.
*
*
*
*
*
(c) * * *
(4) * * *
(i) * * *
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14:59 Apr 24, 2007
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(A) * * * For purposes of
determining items of income, gain,
deduction, and loss of the domestic
owner that are attributable to the
domestic owner’s foreign branch
separate unit described in the preceding
sentence, only items of income, gain,
deduction, and loss that are attributable
to the domestic owner’s interest in the
hybrid entity, or transparent entity, as
provided in paragraph (c)(3) of this
section, shall be taken into account.
* * *
*
*
*
*
*
(d) * * * The fact that a particular
item taken into account in computing
the income or dual consolidated loss of
a dual resident corporation or a separate
unit, or the income or loss of an interest
in a transparent entity, is not taken into
account in computing income (or loss)
subject to a foreign country’s income tax
shall not cause such item to be excluded
from being taken into account under
paragraph (b), (c), or (e) of this section.
*
*
*
*
*
I Par. 4. Section 1.1503(d)–7(c) is
amended by revising the last sentence of
paragraph (iv) of Example 5 and the last
sentence of paragraph (C) of Example
40(ii).
The revisions read as follows:
§ 1.1503(d)–7
*
*
*
(c) * * *
Examples.
*
*
Example 5. * * *
(iv) * * * In addition, pursuant to
§ 1.1503(d)–6(f)(1) and (3), the deemed
transfers pursuant to Rev. Rul. 99–5 as a
result of the sale are not treated as triggering
events described in § 1.1503(d)–6(e)(1)(iv) or
(v).
*
*
*
*
*
Example 40. * * *
(ii) * * *
(C) * * * Pursuant to § 1.1503(d)–
6(j)(1)(iii), the domestic use agreement filed
by the P consolidated group with respect to
the year 1 dual consolidated loss of the
Country X separate unit is terminated and
has no further effect.
1.1503–2A(d)(3), 1.1503–2(g)(2)(i), or
1.1503–2T(g)(2)(i) with respect to a dual
consolidated loss incurred in a taxable
year beginning prior to the application
date and an event requiring recapture
with respect to the dual consolidated
loss subject to the agreement has not
occurred as of the application date, then
such agreement will be considered by
the Internal Revenue Service to apply
only for any taxable year up to and
including the fifth taxable year
following the year in which the dual
consolidated loss that is the subject of
the agreement was incurred and
thereafter will have no effect.
(2) Reduction of term of agreements
filed under §§ 1.1503–2(g)(2)(iv)(B)(2)(i)
(1992), 1.1503–2(g)(2)(iv)(B)(3)(i), or
Rev. Proc. 2000–42. Taxpayers subject to
the terms of a closing agreement entered
into with the Internal Revenue Service
pursuant to §§ 1.1503–2(g)(2)(iv)(B)(2)(i)
(1992), 1.1503–2(g)(2)(iv)(B)(3)(i), or
Rev. Proc. 2000–42 (2000–2 CB 394), see
§ 601.601(d)(2)(ii)(b) of this chapter, will
be deemed to have satisfied the closing
agreement’s fifteen-year certification
period requirement if the five-year
certification period specified in
§ 1.1503(d)–1(b)(20) has elapsed,
provided such closing agreement is still
in effect as of the application date, and
provided the dual consolidated losses
have not been recaptured. * * *
*
*
*
*
*
(4) * * * Notwithstanding the general
application of this paragraph (b)(4) to
events described in § 1.1503–
2(g)(2)(iv)(B)(1)(i) through (iii) that
occur after April 18, 2007, a taxpayer
may choose to apply this paragraph
(b)(4) to events described in § 1.1503–
2(g)(2)(iv)(B)(1)(i) through (iii) that
occur after March 19, 2007 and on or
before April 18, 2007.
*
*
*
*
*
*
LaNita Van Dyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel, (Procedure and Administration).
[FR Doc. E7–7782 Filed 4–24–07; 8:45 am]
I
BILLING CODE 4830–01–P
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*
*
*
Par. 5. Section 1.1503(d)–8 is
amended by revising the heading texts
of paragraphs (b)(1) and (2), the only
sentence of paragraph (b)(1), the first
sentence of paragraph (b)(2) and the last
sentence of paragraph (b)(4).
The revisions read as follows:
§ 1.1503(d)–8
Effective dates.
*
Frm 00002
Fmt 4700
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Internal Revenue Service
26 CFR Part 1
[TD 9315]
*
*
*
*
(b) * * *
(1) Reduction of term of agreements
filed under §§ 1.1503–2A(c)(3), 1.1503–
2A(d)(3), 1.1503–2(g)(2)(i), or 1.1503–
2T(g)(i). If an agreement is filed in
accordance with §§ 1.1503–2A(c)(3),
PO 00000
DEPARTMENT OF THE TREASURY
RIN 1545–BD10
Dual Consolidated Loss Regulations;
Correction
Internal Revenue Service (IRS),
Treasury.
AGENCY:
E:\FR\FM\25APR1.SGM
25APR1
Federal Register / Vol. 72, No. 79 / Wednesday, April 25, 2007 / Rules and Regulations
ACTION:
Correction to final regulations.
SUMMARY: This document contains a
correction to final regulations (TD 9315)
that were published in the Federal
Register on Monday, March 19, 2007 (72
FR 12902) regarding dual consolidated
losses. Section 1503(d) generally
provides that a dual consolidated loss of
a dual resident corporation cannot
reduce the taxable income of any other
member of the affiliated group unless, to
the extent provided in regulations, the
loss does not offset the income of any
foreign corporation.
DATES: This correction is effective April
25, 2007.
FOR FURTHER INFORMATION CONTACT:
Jeffrey P. Cowan, (202) 622–3860 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
Background
The correction notice that is the
subject of this document is under
section 1503(d) of the Internal Revenue
Code.
Need for Correction
As published, final regulations (TD
9315) contain an error that may prove to
be misleading and is in need of
clarification.
Correction of Publication
Accordingly, the publication of the
final regulations (TD 9315), which was
the subject of FR Doc. E7–4618, is
corrected as follows:
On page 12904, column 1, in the
preamble, under the paragraph heading
‘‘C. Elimination of the Consistency
Rule’’, third line from the bottom of the
paragraph, the language ‘‘application of
the dual consolidated’’ is corrected to
read ‘‘application of the dual
consolidated loss’’.
LaNita Van Dyke
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel, (Procedure and Administration).
[FR Doc. E7–7780 Filed 4–24–07; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 21
cprice-sewell on PRODPC61 with RULES
RIN 2900–AL43
Administration of VA Educational
Benefits—Centralized Certification
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
SUMMARY: This document adopts as a
final rule a proposed rule amending
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14:59 Apr 24, 2007
Jkt 211001
Department of Veterans Affairs (VA)
rules governing certification of
enrollment in approved courses for the
training of veterans and other eligible
persons under the education benefit
programs VA administers. Under this
rule, educational institutions with
multi-state campuses may submit
certifications to VA from a centralized
location.
DATES: This final rule is effective June
25, 2007.
FOR FURTHER INFORMATION CONTACT:
Lynn M. Nelson, Education Advisor,
Veterans Benefits Administration,
Department of Veterans Affairs (225C),
810 Vermont Avenue, NW.,
Washington, DC 20420, 202–273–7187.
SUPPLEMENTARY INFORMATION: In a
document published in the Federal
Register on February 22, 2006 (71 FR
9052), VA proposed a rule that would
amend subpart D of 38 CFR part 21
regarding approval criteria for branches
and extensions of educational
institutions. VA is adopting as final the
proposed rule with only minor nonsubstantive changes. The rule permits
educational institutions with multi-state
campuses to submit required
certifications to VA from a centralized
location (centralized certification).
Interested persons were given 60 days
to submit comments on the proposed
rule. VA addresses the comments below.
I. Background
VA initially published a notice of
proposed rulemaking (NPRM) in the
Federal Register on June 30, 2003 (68
FR 38657), proposing to amend VA
regulations to permit centralized
certification of courses. VA received
several comments concerning the
NPRM. Many of the comments opposing
the proposed amendments came from
individual State Approving Agencies
(SAA), and a national association of
SAAs. VA contracts with SAAs to
perform course approval functions
under 38 U.S.C. chapter 36. Based on
the comments received, VA withdrew
the initial NPRM and published a new
NPRM taking into consideration all the
comments received. (The new NPRM
was published in the Federal Register
on February 22, 2006 (71 FR 9052) for
comment.)
II. Favorable Comments on NPRM
Published February 22, 2006
VA received four favorable comments.
Two were from educational institutions,
one was from a national association of
SAAs, and one was from an individual
SAA.
One commenter, the national
association, supported the proposed
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20425
rule and commended VA for addressing
the issues raised in response to the prior
NPRM. In addition, the commenter
requested that VA amend proposed 38
CFR 21.4266(f)(3) to add a requirement
for teaching locations that do not have
a certifying official present. Specifically,
the commenter requested that VA
require the educational institution’s
designated employee, who has access to
VA’s Internet-based educational
certification application for purposes of
providing certification information to
VA, to also have access to other records
the SAA may require. The commenter
suggested that the designated employee
should also have access to and provide
academic records information to
veterans, servicemembers, reservists or
other eligible persons. (Another SAA
individually submitted a similar
comment.)
While VA understands the
commenter’s concern, we did not make
the recommended change in this final
rule because VA already has a
regulation (38 CFR 21.4209) that
requires educational institutions to
make certain records available for
review by VA and duly authorized
Government representatives, such as
SAAs. Since § 21.4209 presently
requires institutions to make the records
available, VA believes that the change
suggested by the commenter is
unnecessary. If the educational
institution does not make the required
records available, § 21.4209(e) provides
that such failure is grounds for
discontinuing the payment of
educational assistance allowance (or
special training allowance). An
institution that does not comply would
also be subject to losing approval of its
courses for veterans’ training.
III. Unfavorable Comments on the
NPRM Published February 22, 2006
One commenter, a State veterans
affairs office, opposed the NPRM
speculating that the amendments would
be a step backward in maintaining the
quality of education and veteran
education services and would lead to a
decline in service to veterans. As stated
in the preamble of the NPRM at 71 FR
9052, 9053–9058, and despite the
commenter’s concerns, VA has no
evidence that service would diminish if
schools submitted certifications from a
central location.
In contrast to the above commenter’s
critical comment, we also received
favorable comments from school
officials asserting that centralization
would improve service to veteran
students. These officials stated that they
could maintain a better trained staff if
they were permitted to centralize their
E:\FR\FM\25APR1.SGM
25APR1
]]>Agencies
[Federal Register Volume 72, Number 79 (Wednesday, April 25, 2007)]
[Rules and Regulations]
[Pages 20424-20425]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7780]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9315]
RIN 1545-BD10
Dual Consolidated Loss Regulations; Correction
AGENCY: Internal Revenue Service (IRS), Treasury.
[[Page 20425]]
ACTION: Correction to final regulations.
-----------------------------------------------------------------------
SUMMARY: This document contains a correction to final regulations (TD
9315) that were published in the Federal Register on Monday, March 19,
2007 (72 FR 12902) regarding dual consolidated losses. Section 1503(d)
generally provides that a dual consolidated loss of a dual resident
corporation cannot reduce the taxable income of any other member of the
affiliated group unless, to the extent provided in regulations, the
loss does not offset the income of any foreign corporation.
DATES: This correction is effective April 25, 2007.
FOR FURTHER INFORMATION CONTACT: Jeffrey P. Cowan, (202) 622-3860 (not
a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
The correction notice that is the subject of this document is under
section 1503(d) of the Internal Revenue Code.
Need for Correction
As published, final regulations (TD 9315) contain an error that may
prove to be misleading and is in need of clarification.
Correction of Publication
Accordingly, the publication of the final regulations (TD 9315),
which was the subject of FR Doc. E7-4618, is corrected as follows:
On page 12904, column 1, in the preamble, under the paragraph
heading ``C. Elimination of the Consistency Rule'', third line from the
bottom of the paragraph, the language ``application of the dual
consolidated'' is corrected to read ``application of the dual
consolidated loss''.
LaNita Van Dyke
Chief, Publications and Regulations Branch, Legal Processing Division,
Associate Chief Counsel, (Procedure and Administration).
[FR Doc. E7-7780 Filed 4-24-07; 8:45 am]
BILLING CODE 4830-01-P
