News & Analysis as of

Treasury Regulations

FBT Gibbons LLP

Avoiding IRS Accuracy Penalties for a Substantial Underpayment of Tax

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There are over 150 types of penalties in the Internal Revenue Code (IRC). One frequent penalty that the Internal Revenue Service (IRS) asserts is the accuracy penalty under IRC Section 6662....more

Stoel Rives LLP

Treasury Issues Bonus Depreciation Guidance

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The sweeping changes made by the legislation commonly known as the One, Big, Beautiful Bill Act (OBBBA) included permanent 100% first year bonus depreciation for qualified property acquired and placed in service after January...more

White & Case LLP

Treasury finalizes previously proposed regulations, with key modifications, regarding the Section 892 exemption for foreign...

White & Case LLP on

On December 15, 2025, the US Department of the Treasury (“Treasury”) and the Internal Revenue Service published final regulations (the “Final Regulations”) under Section 892,1 which contains the tax exemption for foreign...more

White & Case LLP

Treasury proposes regulations addressing key aspects of the Section 892 exemption for foreign sovereigns

White & Case LLP on

On December 15, 2025, the US Department of the Treasury (“Treasury”) and the Internal Revenue Service published new proposed regulations (the “Proposed Regulations”) under Section 8921, which contains the tax exemption for...more

Seward & Kissel LLP

Final and Proposed Treasury Regulations Address Section 892

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On December 12, the Treasury Department issued final Treasury Regulations (the “Final Regulations”) and proposed Treasury Regulations (the “Proposed Regulations”) that address various issues under Section 892 of the Internal...more

Baker Botts L.L.P.

Treasury Establishes 45Q Carbon Capture Tax Credit Safe Harbor for Verifying CO2 Sequestration

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On December 19, 2025, Treasury and the IRS released Notice 2026-1 (the “Notice”) establishing an alternative method for taxpayers to substantiate carbon oxide sequestration volumes for section 45Q carbon capture tax credits...more

Vinson & Elkins LLP

IRS Issues Section 892 Final Regulations Impacting Foreign Government Investment in U.S. Real Estate

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On December 12, 2025, the United States Department of the Treasury (“Treasury”) and the Internal Revenue Service released final regulations (the “Final Regulations”) under Section 892 of the Internal Revenue Code of 1986, as...more

Skadden, Arps, Slate, Meagher & Flom LLP

Treasury Finalizes and Proposes Regulations Governing the Section 892 Tax Exemption for Foreign Governments

On December 12, 2025, Treasury released final regulations (the Final Regulations), as well as proposed regulations (the Proposed Regulations), relating to the Section 892 tax exemption for certain income of foreign...more

DLA Piper

Final And Proposed Treasury Regulations Published Under Section 892 Of The Code: Key Takeaways

DLA Piper on

On December 15, 2025, the United States Department of the Treasury and the Internal Revenue Service (IRS) published final and proposed regulations under Section 892 of the Internal Revenue Code. The final regulations are...more

Paul Hastings LLP

Treasury and IRS Issue Final and Proposed Regulations Under Section 892 of the Code

Paul Hastings LLP on

On Dec. 12, the Treasury Department and the IRS issued final regulations (the Final Regulations) relating to the taxation of income of foreign governments from investments in the United States under Section 892 of the U.S....more

Jones Day

Final Treasury Regulations Significantly Limit Application of 1% Corporate Stock Buyback Tax Rules

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The U.S. government has issued final regulations significantly limiting the situations where a corporation will be liable for the 1% corporate stock buyback tax applicable to public companies. The Situation: Taxpayers...more

BakerHostetler

Courts Revisit the Rules for Section 501(c)(4) Political Activity and Exempt Status

BakerHostetler on

The law concerning federal limits on political advocacy by nonprofit organizations continues to evolve. For Section 501(c)(4) social welfare organizations, two federal court decisions, issued nearly a year apart, have...more

FBT Gibbons LLP

Bill Introduced to Increase Reporting Thresholds Under the Bank Secrecy Act

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On October 21, 2025, the Senate Committee on Banking, Housing, and Urban Affairs introduced S.B. 3017, titled the Streamlining Transaction Reporting and Ensuring Anti-Money Laundering Improvements for a New Era Act...more

Ropes & Gray LLP

Treasury/IRS Propose Repeal of "Foreign Controlled Domestic Corporation" Look Through Rule for Domestically Controlled REITs

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On October 20, 2025, the Treasury and the IRS released proposed regulations (REG‑109742‑25 (the “Proposed Regulations”)) that would remove the “foreign‑controlled domestic corporation” look‑through rule previously included in...more

Verrill

Consider Nonqualified Plans When Implementing New Roth Catch-Up Contribution Rules

Verrill on

Many 401(k) plan sponsors are currently discussing implementation of the new Roth catch-up contribution rules, which were published on September 16, 2025, with their third-party plan administrators, payroll vendors, and...more

Haynes Boone

Treasury Department Releases Spring 2025 Regulatory Agenda for Retirement and Health Plans and Executive Compensation Arrangements

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The Treasury Department recently released its Spring Regulatory Agenda, which contains several important retirement, health, and executive compensation initiatives for this year....more

Littler

Treasury Department Issues Proposed Regulation on “No Tax on Tips”

Littler on

As we have previously reported, the “One Big Beautiful Bill Act” (OBBBA) provides an above-the-line tax deduction for certain “qualified tips.” To qualify for the deduction, the tips must (among other conditions) be “cash...more

Vinson & Elkins LLP

Planning for IRS Audits in an Era of Uncertainty

Vinson & Elkins LLP on

In its ongoing crusade against so-called “basis-shifting” transactions, the Internal Revenue Service has created widespread uncertainty regarding the tax treatment of routine transactions. For example, last year, the IRS...more

Beveridge & Diamond PC

The One Big Beautiful Bill Act Is Very Ugly for Wind and Solar

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On July 4, 2025, President Trump signed the One Big Beautiful Bill Act (OBBBA) into law, significantly revising the U.S. tax code to reflect the Administration’s domestic energy, trade, and national security priorities. Among...more

Sullivan & Worcester

Sullivan & Worcester Submits Comments to IRS Urging Caution in Applying Cloud Transaction Framework to REIT Rules

Sullivan & Worcester on

On June 9, 2025, Sullivan & Worcester submitted a comment letter to the Internal Revenue Service (IRS) in response to Notice 2025-6, which requests public input on the possible expansion of the cloud transaction framework...more

Freeman Law

Housing Allowance – What is a “Minister of the Gospel”?

Freeman Law on

This Freeman Law Insights blog dives into what is a minister of the gospel for housing allowance and federal income tax purposes. Housing Allowances, Generally. Compensation for services rendered is generally...more

BCLP

Prepare Now for Mandatory Roth Catch-Up

BCLP on

Proposed Treasury regulations relating to catch-up contributions were issued in January of 2025 that include guidance for the mandatory Roth catch-up requirement, which was first provided under section 603 of Division T of...more

Foster Garvey PC

A Journey Through Subchapter S / A Review of The Not So Obvious & The Many Traps That Exist For The Unwary: Part XVI – Changes in...

Foster Garvey PC on

Now that the scurrying around and worrying relative to developments impacting the Corporate Transparency Act (“CTA”) that were coming at us with laser speed are on a slow simmer, I can turn my attention back to my multi-part...more

Gerald Nowotny - Law Office of Gerald R....

Old Days – Memories of Equity Split Dollar in the Post-Loper Bright Era

This article focuses on the impact of the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo, 603 U.S. (2024) and how it might apply to Split Dollar life insurance and possibly resurrect one of my favorite life...more

Womble Bond Dickinson

Micro-captive Insurance Reportable Transactions and the Reporting Requirements

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Certain micro-captive transactions are back to being reportable. On January 14, 2025, the Treasury Department and the Internal Revenue Service (“IRS”) published final regulations (the “Regulations”) that named some...more

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