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Effective date: These corrections are effective on August 28, 2020.
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This PDF is FR Doc. 2020-16985 as it appeared on Public Inspection on
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Published Document: 2020-16985 (85 FR 53162)
This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.
AGENCY:
Internal Revenue Service (IRS), Treasury.
ACTION:
Correcting amendments.
SUMMARY:
This document contains corrections to Treasury Decision 9900, which was published in the
Federal Register
on Wednesday, July 8, 2020. Treasury Decision 9900 contained temporary regulations that permit consolidated groups that acquire new members that were members of another consolidated group to elect in a year subsequent to the year of acquisition to waive all or part of the pre-acquisition portion of an extended carryback period under section 172 of the Internal Revenue Code (Code) for certain losses attributable to the acquired members if there is a retroactive statutory extension of the NOL carryback period under section 172.
DATES:
Effective date:
These corrections are effective on August 28, 2020.
Applicability date:
For the date of applicability, see § 1.1502-21T(h)(9).
FOR FURTHER INFORMATION CONTACT:
Jonathan R. Neuville, at (202) 317-5363 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
The temporary regulations (TD 9900) that are the subject of this correction are issued under section 1502 of the Code.
Need for Correction
As published July 8, 2020 (85 FR 40892), the temporary regulations (TD 9900; FR Doc. 2020-14426) contained errors that need to be corrected.
Par. 2.
Section 1.1502-21T is amended by revising the second sentence of paragraph (b)(3)(ii)(C)(
1), the first sentence of paragraph (b)(3)(ii)(C)(
5)(
i), the first sentence of paragraph (b)(3)(ii)(C)(
5)(
ii), the third sentence of paragraph (b)(3)(ii)(D)(
2)(
ii), and the second sentence of paragraph (b)(3)(ii)(D)(
4)(
ii) to read as follows:
(
1) * * * (See paragraph (b)(3)(ii)(C)(
2) of this section for
( printed page 53163)
definitions of terms used in this paragraph (b)(3)(ii)(C) and paragraph (b)(3)(ii)(D) of this section.)
* * * * *
(
5) * * *
(
i) * * * An amended statute split-waiver election must be made in a separate statement entitled “THIS IS AN ELECTION UNDER SECTION 1.1502-21T(b)(3)(ii)(C)(
1) TO WAIVE THE PRE-[insert first day of the first taxable year for which the acquired member was a member of the acquiring group] CARRYBACK PERIOD FOR THE CNOLS ATTRIBUTABLE TO THE [insert taxable year of losses] TAXABLE YEAR(S) OF [insert names and employer identification numbers of members]” (amended statute split-waiver election statement).
* * * * *
(
ii) * * * An extended split-waiver election must be made in a separate statement entitled “THIS IS AN ELECTION UNDER SECTION 1.1502-21T(b)(3)(iii)(C)(
1) TO WAIVE THE PRE-[insert first day of the first taxable year for which the acquired member was a member of the acquiring group] EXTENDED CARRYBACK PERIOD FOR THE CNOLS ATTRIBUTABLE TO THE [insert taxable year of losses] TAXABLE YEAR(S) OF [insert names and employer identification numbers of members]” (extended split-waiver election statement).
* * * * *
(D) * * *
(
2) * * *
(
ii) * * * See paragraph (b)(3)(ii)(C)(
2)(
v) of this section. * * *
* * * * *
(
4) * * *
(
ii) * * * See paragraph (b)(3)(ii)(C)(
2)(
ix) of this section.
* * * * *
Martin V. Franks,
Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration).