Rules Regarding Dual Consolidated Losses and the Treatment of Certain Disregarded Payments; Correction, 71214-71215 [2024-19027]
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Federal Register / Vol. 89, No. 170 / Tuesday, September 3, 2024 / Proposed Rules
service within four years after the date
the applicant was notified of the
allocation of Capacity Limitation to the
facility.
(5) The facility received a Capacity
Limitation allocation based, in part, on
meeting the ownership criteria and
ownership of the facility changes prior
to the facility being placed in service,
unless the original applicant transfers
the facility to an entity treated as a
partnership for Federal income tax
purposes and retains at least a one
percent interest (either directly or
indirectly) in each material item of
partnership income, gain, loss,
deduction, and credit of such
partnership and is a managing member
or general partner (or similar title) under
State or Tribal law of the partnership (or
directly owns 100 percent of the equity
interests in the managing member or
general partner) at all times during the
existence of the partnership.
(n) Recapture of section 48E(h)
Increase to the section 48E(a) credit—(1)
In general. Section 48E(h)(5) provides
for recapturing the benefit of any
increase in the credit allowed under
section 48E(a) by reason of section
48E(h) with respect to any property that
ceases to be property eligible for such
increase (but that does not cease to be
investment credit property within the
meaning of section 50(a) of the Code).
Section 48E(h) provides that the period
and percentage of such recapture must
be determined under rules similar to the
rules of section 50(a). Therefore, if, at
any time during the five year recapture
period beginning on the date that an
applicable facility under section 48E(h)
is placed in service, there is a recapture
event under paragraph (n)(3) of this
section with respect to such property,
then the Federal income tax imposed on
the taxpayer by chapter 1 of the Code for
the taxable year in which the recapture
event occurs is increased by the
recapture percentage of the benefit of
the increase in the section 48E credit.
The recapture percentage is determined
according to the table provided in
section 50(a)(1)(B).
(2) Exception to application of
recapture. Such recapture may not
apply with respect to any property if,
within 12 months after the date the
applicant becomes aware (or reasonably
should have become aware) of such
property ceasing to be property eligible
for such increase in the credit allowed
under section 48E(a), the eligibility of
such property for such increase
pursuant to section 48E(h) is restored.
Such restoration of an increase pursuant
to section 48E(h) is not available more
than once with respect to any facility.
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(3) Recapture events. Any of the
following circumstances result in a
recapture event if the property ceases to
be eligible for the increased credit under
section 48E(h):
(i) Property described in section
48E(h)(2)(A)(iii)(II) fails to provide
financial benefits;
(ii) Property described under section
48E(h)(2)(B) ceases to allocate the
financial benefits equitably among the
occupants of the dwelling units, such as
not allocating to residents the required
net electricity savings of the electricity,
as required by paragraph (e) of this
section;
(iii) Property described under section
48E(h)(2)(C) ceases to provide at least 50
percent of the financial benefits of the
electricity produced to qualifying
households as described under section
48E(h)(2)(C)(i) or (ii), or fails to provide
those households the required
minimum 30 percent bill credit
discount rate, as required by paragraph
(f) of this section;
(iv) For property described under
section 48E(h)(2)(B), the residential
rental building the facility is a part of
ceases to participate in a covered
housing program or any other affordable
housing program described in section
48E(h)(2)(B)(i), as applicable; or
(v) A facility increases its maximum
net output or nameplate capacity such
that the facility’s maximum net output
or nameplate capacity is 5 MW AC or
greater.
(4) Section 50(a) recapture. Any event
that results in recapture under section
50(a) also will result in recapture of the
benefit of the increase in the section 48E
credit by reason of section 48E(h). The
exception to the application of recapture
provided in paragraph (n)(2) of this
section does not apply in the case of a
recapture event under section 50(a).
(o) Applicability date. This section
applies to qualified facilities placed in
service after December 31, 2024, and
during a taxable year ending after [the
date the final regulations are filed for
public inspection by the Office of the
Federal Register].
Douglas W. O’Donnell,
Deputy Commissioner.
[FR Doc. 2024–19617 Filed 8–30–24; 8:45 am]
BILLING CODE 4830–01–P
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 1 and 301
[REG–105128–23]
RIN 1545–BQ72
Rules Regarding Dual Consolidated
Losses and the Treatment of Certain
Disregarded Payments; Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking;
correction.
AGENCY:
This document contains
corrections to the proposed regulations
(REG–105128–23), published in the
Federal Register on August 7, 2024. The
proposed regulations concern certain
issues arising under the dual
consolidated loss rules and the
application of those rules to certain
foreign taxes. The proposed regulations
also include rules regarding certain
disregarded payments that give rise to
losses for foreign tax purposes.
DATES: Written or electronic comments
and requests for a public hearing are
still being accepted and must be
received by October 7, 2024.
FOR FURTHER INFORMATION CONTACT:
Andrew L. Wigmore at (202) 317–5443
(not a toll-free number).
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The proposed regulations (REG–
105128–23) subject to this correction are
proposed to be issued under sections
1502 and 1503(d) of the Internal
Revenue Code.
Correction of Publication
Accordingly, FR Doc. 2024–16665
(REG–105128–23), appearing on page
64750 in the Federal Register on
Wednesday, August 7, 2024, is corrected
as follows:
■ 1. On page 64753, in the third column,
in the second partial paragraph, the
third sentence is corrected to read
‘‘Where a taxpayer uses a fiscal year for
tax purposes that ends after 2023, the
foreign use exception is conditioned on
the relevant MNE Group using the same
fiscal year when applying the GloBE
Model Rules.’’.
■ 2. On page 64762, in the third column,
in the first full paragraph, the third
sentence is corrected to read ‘‘The
disregarded payment loss generally
measures the entity’s net loss, if any, for
foreign tax purposes that is composed of
certain payments that are disregarded
for U.S. tax purposes as transactions
E:\FR\FM\03SEP1.SGM
03SEP1
Federal Register / Vol. 89, No. 170 / Tuesday, September 3, 2024 / Proposed Rules
between the disregarded payment entity
and its tax owner (for example, a
payment by the disregarded payment
entity to the specified domestic owner
or to another disregarded payment
entity of the specified domestic
owner).’’.
§ 1.1502–13
[Corrected]
3. On page 64768, in the first column,
in § 1.1502–13, the first sentence of
paragraph (j)(15)(x)(C) is corrected to
read ‘‘The facts are the same as in
paragraph (j)(15)(x)(A) of this section,
except that for the years at issue, B’s
interest expense deduction would be
limited under the domestic use
limitation rule of § 1.1503(d)–4(b) (and
no exception under § 1.1503(d)–6
applies) and is not currently
deductible.’’.
■ 4. Starting on page 64771, in
amendatory instruction 3, in
§ 1.1503(d)–1:
■ a. On page 64771, in the second
column, paragraph (d)(6)(ii)(C)(2) is
corrected.
■ b. On page 64771, in the second and
third columns, paragraph (d)(6)(ii)(D)(2)
is corrected.
■ c. On page 64772, in the second
column, the last sentence of paragraph
(d)(7)(v) is corrected.
The corrections read as follows:
■
§ 1.1503(d)–1
[Corrected]
lotter on DSK11XQN23PROD with PROPOSALS1
*
*
*
*
*
(d) * * *
(6) * * *
(ii) * * *
(C) * * *
(2) The payment, accrual, or other
transaction giving rise to the item is
disregarded for U.S. tax purposes as a
transaction between a disregarded entity
and its tax owner (for example, a
payment by a disregarded entity to its
tax owner or to another disregarded
entity held by its tax owner, or a
payment from a dual resident
corporation to its disregarded entity.
*
*
*
*
*
(D)
(2) The payment, accrual, or other
transaction giving rise to the item is
disregarded for U.S. tax purposes as a
transaction between a disregarded entity
and its tax owner (for example, because
it is a payment to a disregarded entity
from the disregarded entity’s tax owner
or from another disregarded entity held
by its tax owner, or a payment to a dual
resident corporation from its
disregarded entity).
*
*
*
*
*
(7) * * *
(v) * * * For purposes of this
paragraph (d)(7)(v), the term hybrid
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mismatch rules has the meaning
provided in § 1.267A–5(a)(10).
*
*
*
*
*
§ 1.1503(d)–7
[Corrected]
5. On page 64774, in the second
column, amendatory instruction 7.12 for
§ 1.1503(d)–7 is corrected to read ‘‘In
paragraph (c)(26)(i), removing the
language from the sixth sentence ‘all of
the interests’ and adding the language
‘90 percent of the interests’ in its
place.’’.
■
Oluwafunmilayo A. Taylor,
Chief, Publications and Regulations Section,
Associate Chief Counsel (Procedure and
Administration).
[FR Doc. 2024–19027 Filed 8–30–24; 8:45 am]
BILLING CODE 4830–01–P
ARCHITECTURAL AND
TRANSPORTATION BARRIERS
COMPLIANCE BOARD
36 CFR Part 1191
[Docket No. ATBCB–2024–0001]
RIN 3014–AA48
Americans With Disabilities Act and
Architectural Barriers Act Accessibility
Guidelines; EV Charging Stations
Architectural and
Transportation Barriers Compliance
Board.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Architectural and
Transportation Barriers Compliance
Board (hereafter, ‘‘Access Board’’ or
‘‘Board’’), is issuing this notice of
proposed rulemaking to amend the
accessibility guidelines for buildings
and facilities covered by the Americans
with Disabilities Act of 1990 (ADA) and
the Architectural Barriers Act of 1968
(ABA) to specifically address the
accessibility of Electric Vehicle
Charging stations. This proposed rule
provides specifications for the
accessibility of EV charging stations, to
include the EV charger (including
physical and communication access),
EV charging space, access aisles, and
accessible routes.
DATES: Send comments on or before
November 4, 2024.
ADDRESSES: You may submit comments,
identified by docket number ATBCB–
2024–0001, by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Email: docket@access-board.gov.
Include docket number ATBCB–2024–
0001 in the subject line of the message.
SUMMARY:
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71215
• Mail: Office of General Counsel,
U.S. Access Board, 1331 F Street NW,
Suite 1000, Washington, DC 20004–
1111.
Instructions: All submissions must
include the docket number (ATBCB–
2023–0001) for this regulatory action.
All comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov/docket/ATBCB2024-0001.
FOR FURTHER INFORMATION CONTACT:
Accessibility Specialist Juliet Shoultz,
(202) 272–0045, shoultz@accessboard.gov; or Attorney Advisor Wendy
Marshall, (202) 272–0043, marshall@
access-board.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Access Board is proposing to
revise and update its accessibility
guidelines at 36 CFR 1191 for buildings
and facilities covered by the Americans
with Disabilities Act of 1990 (ADA) and
the Architectural Barriers Act of 1968
(ABA) to address the accessibility of EV
charging stations covered by the ADA,
as well as EV charging stations owned
or managed by or on behalf of the
federal government. These guidelines
cover new construction and alterations
and serve as the basis for enforceable
standards once adopted by other Federal
agencies. The ADA applies to places of
public accommodation, commercial
facilities and State and local
government facilities. The ABA covers
facilities designed, built, altered with
Federal funds or leased by Federal
agencies. The purpose of this proposed
rule is to set minimum guidelines to
ensure that EV charging stations are
readily accessible to and usable by
persons with disabilities, including both
physical access to the EV charging
station and access to the interface to
operate and pay for the charging
session. As electric vehicles become
more numerous, and with the current
effort to increase the number of EV
charging stations across the United
States, it is imperative that these EV
charging stations are accessible to and
usable by people with disabilities.
Key accessible features addressed in
this proposed rule for EV charging
stations include: scoping (including
minimum number of accessible EV
charging spaces at each EV charging
station); accessible routes; mobility
features of the EV charger; operable
parts; accessibility of the EV charging
E:\FR\FM\03SEP1.SGM
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Agencies
[Federal Register Volume 89, Number 170 (Tuesday, September 3, 2024)]
[Proposed Rules]
[Pages 71214-71215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19027]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 1 and 301
[REG-105128-23]
RIN 1545-BQ72
Rules Regarding Dual Consolidated Losses and the Treatment of
Certain Disregarded Payments; Correction
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Notice of proposed rulemaking; correction.
-----------------------------------------------------------------------
SUMMARY: This document contains corrections to the proposed regulations
(REG-105128-23), published in the Federal Register on August 7, 2024.
The proposed regulations concern certain issues arising under the dual
consolidated loss rules and the application of those rules to certain
foreign taxes. The proposed regulations also include rules regarding
certain disregarded payments that give rise to losses for foreign tax
purposes.
DATES: Written or electronic comments and requests for a public hearing
are still being accepted and must be received by October 7, 2024.
FOR FURTHER INFORMATION CONTACT: Andrew L. Wigmore at (202) 317-5443
(not a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
The proposed regulations (REG-105128-23) subject to this correction
are proposed to be issued under sections 1502 and 1503(d) of the
Internal Revenue Code.
Correction of Publication
Accordingly, FR Doc. 2024-16665 (REG-105128-23), appearing on page
64750 in the Federal Register on Wednesday, August 7, 2024, is
corrected as follows:
0
1. On page 64753, in the third column, in the second partial paragraph,
the third sentence is corrected to read ``Where a taxpayer uses a
fiscal year for tax purposes that ends after 2023, the foreign use
exception is conditioned on the relevant MNE Group using the same
fiscal year when applying the GloBE Model Rules.''.
0
2. On page 64762, in the third column, in the first full paragraph, the
third sentence is corrected to read ``The disregarded payment loss
generally measures the entity's net loss, if any, for foreign tax
purposes that is composed of certain payments that are disregarded for
U.S. tax purposes as transactions
[[Page 71215]]
between the disregarded payment entity and its tax owner (for example,
a payment by the disregarded payment entity to the specified domestic
owner or to another disregarded payment entity of the specified
domestic owner).''.
Sec. 1.1502-13 [Corrected]
0
3. On page 64768, in the first column, in Sec. 1.1502-13, the first
sentence of paragraph (j)(15)(x)(C) is corrected to read ``The facts
are the same as in paragraph (j)(15)(x)(A) of this section, except that
for the years at issue, B's interest expense deduction would be limited
under the domestic use limitation rule of Sec. 1.1503(d)-4(b) (and no
exception under Sec. 1.1503(d)-6 applies) and is not currently
deductible.''.
0
4. Starting on page 64771, in amendatory instruction 3, in Sec.
1.1503(d)-1:
0
a. On page 64771, in the second column, paragraph (d)(6)(ii)(C)(2) is
corrected.
0
b. On page 64771, in the second and third columns, paragraph
(d)(6)(ii)(D)(2) is corrected.
0
c. On page 64772, in the second column, the last sentence of paragraph
(d)(7)(v) is corrected.
The corrections read as follows:
Sec. 1.1503(d)-1 [Corrected]
* * * * *
(d) * * *
(6) * * *
(ii) * * *
(C) * * *
(2) The payment, accrual, or other transaction giving rise to the
item is disregarded for U.S. tax purposes as a transaction between a
disregarded entity and its tax owner (for example, a payment by a
disregarded entity to its tax owner or to another disregarded entity
held by its tax owner, or a payment from a dual resident corporation to
its disregarded entity.
* * * * *
(D)
(2) The payment, accrual, or other transaction giving rise to the
item is disregarded for U.S. tax purposes as a transaction between a
disregarded entity and its tax owner (for example, because it is a
payment to a disregarded entity from the disregarded entity's tax owner
or from another disregarded entity held by its tax owner, or a payment
to a dual resident corporation from its disregarded entity).
* * * * *
(7) * * *
(v) * * * For purposes of this paragraph (d)(7)(v), the term hybrid
mismatch rules has the meaning provided in Sec. 1.267A-5(a)(10).
* * * * *
Sec. 1.1503(d)-7 [Corrected]
0
5. On page 64774, in the second column, amendatory instruction 7.12 for
Sec. 1.1503(d)-7 is corrected to read ``In paragraph (c)(26)(i),
removing the language from the sixth sentence `all of the interests'
and adding the language `90 percent of the interests' in its place.''.
Oluwafunmilayo A. Taylor,
Chief, Publications and Regulations Section, Associate Chief Counsel
(Procedure and Administration).
[FR Doc. 2024-19027 Filed 8-30-24; 8:45 am]
BILLING CODE 4830-01-P