Federal Tax Regulations Issued in 2013

The table below lists tax regulations issued by the Treasury Department and IRS in 2012 in chronological order.  The links will take you to the text of the regulations (usually in the Federal Register) and other helpful information. 

List of federal tax regulations issued in:  2011     2012

Title of Regulation

Status

Citation

IRC Sections

Additional Information

Shared Responsibility for Employers Regarding Health Coverage

Prop regs

REG–138006–12 (1/2/13)

1361

4980H

7701

"guidance under section 4980H of the Internal Revenue Code (Code) with respect to the shared responsibility for employers regarding employee health coverage. These proposed regulations would affect only employers that meet the definition of ‘‘applicable large employer’’ as described in these proposed regulations. As discussed in section X of this preamble, employers may rely on these proposed regulations for guidance pending the issuance of final regulations or other applicable guidance."

Correction – FR 16445 (3/15/13)

Q&A from IRS (12/28/12)

Comment letter from AICPA - here.

Treasury Inflation-Protected Securities Issued at a Premium; Bond Premium Carryforward

Final and Temp Regs

 

Prop regs

TD 9609 (1/4/13)

 

REG–140437–12 (1/4/13)

171

1275

"final regulations that provide guidance on the tax treatment of Treasury Inflation- Protected Securities issued with more than a de minimis amount of premium. This document also contains temporary regulations that provide guidance on the tax treatment of a debt instrument with a bond premium carryforward in the holder’s final accrual period, including a Treasury bill acquired at a premium. The regulations in this document provide guidance to holders of Treasury Inflation-Protected Securities and other debt instruments."

Proposed and temporary regs were issued 12/5/11 - TD 9561.

Truncated Taxpayer Identification Numbers

Prop regs

REG–148873–09 (1/7/13)

6042

6043

6044

6045

6049

6050A

6050E

6050N

6050P

6050S

6109

 

"create a new taxpayer identifying number known as an IRS truncated taxpayer identification number, a TTIN. As an alternative to using a social security number (SSN), IRS individual taxpayer identification number (ITIN), or IRS adoption taxpayer identification number (ATIN), the filer of certain information returns may use a TTIN on the corresponding payee statements to identify the individual being furnished a statement. The TTIN displays only the last four digits of an individual’s identifying number and is shown in the format XXX–XX–1234 or ***–**–1234. These proposed regulations affect filers of certain information returns who will be permitted to identify an individual payee by use of a TTIN on the payee statement furnished to the individual, and those individuals who receive payee statements containing a TTIN."

Information Reporting by Foreign Financial Institutions and Withholding on Certain Payments to Foreign Financial Institutions and Other Foreign Entities

Final regs

TD 9610 (1/28/13)

1471

1472

1473

1474

"final  regulations under chapter 4 of Subtitle  A (sections 1471 through 1474) of the  Internal Revenue Code of 1986 (Code)  regarding information reporting by  foreign financial institutions (FFIs) with  respect to U.S. accounts and  withholding on certain payments to  FFIs and other foreign entities. These  regulations affect persons making  certain U.S.-related payments to FFIs  and other foreign entities and payments  by FFIs to other persons."

 Note: These regulations are 123 pages long.

Designation of Payor as Agent to Perform Acts Required of an Employer

Prop regs

REG–102966–10 (1/29/13)

3504

"proposed regulations under section  3504 of the Internal Revenue Code  (Code) providing circumstances under  which a person (payor) is designated as  an agent to perform the acts required of  an employer and is liable for  employment taxes with respect to wages  or compensation paid by the payor to  individuals performing services for the  payor’s client pursuant to a service  agreement between the payor and the  client."

Failure To File Gain Recognition Agreements and Other Required Filings

Prop regs

REG–140649–11 (1/31/13)

367

6038B

"proposed regulations that would amend  the existing rules governing the  consequences to U.S. persons for failing  to file gain recognition agreements  (GRAs) and related documents, or to  satisfy other reporting obligations,  associated with certain transfers of  property to foreign corporations in  nonrecognition exchanges. These  regulations affect U.S. persons that  transfer property to foreign  corporations."

Health Insurance Premium Tax Credit

Final regs

TD 9611 (2/1/13)

36B

"final  regulations relating to the health  insurance premium tax credit enacted  by the Patient Protection and Affordable  Care Act and the Health Care and  Education Reconciliation Act of 2010.  These final regulations provide  guidance to individuals related to  employees who may enroll in eligible  employer-sponsored coverage and who  wish to enroll in qualified health plans  through Affordable Insurance Exchanges  (Exchanges) and claim the premium tax  credit."

Shared Responsibility Payment for Not Maintaining Minimum Essential Coverage

Prop regs

REG–148500–12  (2/1/13)

5000A

"proposed regulations relating to the  requirement to maintain minimum  essential coverage enacted by the  Patient Protection and Affordable Care  Act and the Health Care and Education  Reconciliation Act of 2010, as amended  by the TRICARE Affirmation Act and  Public Law 111–173. These proposed  regulations provide guidance on the  liability for the shared responsibility  payment for not maintaining minimum  essential coverage."

Fact Sheet from Treasury (1/30/13)

Q&A from IRS (1/30/13)

Correction – FR 17900 (3/25/13)

Correction – FR 19155 (3/29/13)

Noncompensatory Partnership Options

Final regs

TD 9612 (2/5/13)

171

704

721

761

1272

1273

1275

"final  regulations relating to the tax treatment  of noncompensatory options and  convertible instruments issued by a  partnership. The final regulations  generally provide that the exercise of a  noncompensatory option does not cause  the recognition of immediate income or  loss by either the issuing partnership or  the option holder. The final regulations  also modify the regulations under  section 704(b) regarding the  maintenance of the partners’ capital  accounts and the determination of the  partners’ distributive shares of  partnership items. The final regulations  also contain a characterization rule  providing that the holder of a  noncompensatory option is treated as a  partner under certain circumstances.  The final regulations will affect partnerships that issue  noncompensatory options, the partners  of such partnerships, and the holders of  such options."

Correction – FR 17868 (3/25/13)

Correction – FR 19100 (3/29/13)

Treatment of Grantor of Option on Partnership Interest

Prop regs

REG–106918–08 (2/5/13)

761

1234

"proposed regulations relating to the tax  treatment of noncompensatory options  and convertible instruments issued by a  partnership. Specifically, the proposed  regulations expand the characterization  rule measurement events to include  certain transfers of interests in the  issuing partnership and other look-  through entities, and provide additional  guidance in determining the character of  the grantor’s gain or loss as a result of  a closing transaction with respect to, or  a lapse of, an option on a partnership  interest. The proposed regulations will  affect partnerships that issue  noncompensatory options, the partners  of such partnerships, and the holders of  such options. "

Coverage of Certain Preventive Services under Affordable Care Act

Prop regs

REG–120391 (2/6/13)

9801

9815

 

"proposes  amendments to rules regarding coverage  for certain preventive services under  section 2713 of the Public Health  Service Act, as added by the Patient  Protection and Affordable Care Act, as  amended, and incorporated into the  Employee Retirement Income Security  Act of 1974 and the Internal Revenue  Code. Section 2713 of the Public Health  Service Act requires coverage without  cost sharing of certain preventive health  services, including certain contraceptive  services, in non-exempt, non-grandfathered group health plans and  health insurance coverage. The  proposed rules would amend the  authorization to exempt group health  plans established or maintained by  certain religious employers (and group  health insurance coverage provided in  connection with such plans) with  respect to the requirement to cover contraceptive services. The proposed  rules would also establish  accommodations for group health plans  established or maintained by eligible  organizations (and group health  insurance coverage offered in  connection with such plans), including  student health insurance coverage  arranged by eligible organizations that  are religious institutions of higher  education. This document also proposes  related amendments to regulations  concerning excepted benefits and  Affordable Insurance Exchanges."

Correction – FR 13575 (2/28/13)

Reduced 2009 Estimated Income Tax Payments for Individuals with Small Business Income

Final regs and removal of temp regs

TD 9613 (2/27/13)

6654

"final regulations under section 6654 of the Internal Revenue Code (Code) relating to reduced estimated income tax payments for qualified individuals with small business income for any taxable year beginning in 2009 and does not apply to any taxable years beginning before or after 2009. The final regulations implement changes to section 6654 made by the American Recovery and Reinvestment Act of 2009. The final regulations provide guidance for qualified individuals with small business income to certify that they satisfy the statutory gross income requirement for purposes of the reduction in their required 2009 estimated income tax payments."

Health Insurance Providers Fee

Prop regs

REG–118315–12 (3/4/13)

6302 (Part 57)

"proposed regulations that provide guidance on the annual fee imposed on covered entities engaged in the business  of providing health insurance for United States health risks. This fee is imposed by section 9010 of the Patient Protection and Affordable Care Act, as amended. The regulations affect persons engaged in the business of providing health insurance for United States health risks."

Correction – FR 17612 (3/22/13)

Penalties for Failure to Maintain List of Advisees With Respect to Reportable Transactions

Prop regs

REG–160873–04 (3/8/13)

6708

"proposed regulations relating to the penalty under section 6708 of the Internal Revenue Code for failing to make available lists of advisees with respect to reportable transactions. Section 6708 imposes a penalty upon material advisors for the failure to make available to the Secretary, upon written request, lists required by section 6112 within the time prescribed by section 6708(a)(1). These proposed regulations reflect changes to section 6708 made by the American Jobs Creation Act of 2004 and provide guidance regarding the imposition of the section 6708 penalty on material advisors who are required to maintain lists of advisees pursuant to section 6112."

Certain Outbound Property Transfers by Domestic Corporations: Certain Stock Distributions by Domestic Corporations

Final and temp regs

TD 9614 (3/19/13)

367

1248

6038B

"final and temporary regulations that apply to transfers of certain property by a domestic corporation to a foreign corporation in certain nonrecognition exchanges, or to distributions of stock of certain foreign corporations by a domestic corporation in certain nonrecognition distributions. The final regulations also establish reporting requirements for property transfers and stock distributions to which the final regulations apply. The regulations affect domestic corporations that transfer property to foreign corporations in certain nonrecognition transactions, or that distribute the stock of certain foreign corporations in certain nonrecognition distributions, and certain domestic shareholders of those domestic corporations."

Correction – FR 23487 (4/19/13)

Indirect Stock Transfers and Coordination Rule Exceptions: Transfers of Stock or Securities in Outbound Asset Reorganizations

Final and temp regs

 

Prop regs

TD 9615 (3/19/13)

 

REG–132702–10 (3/19/13)

367

1248

6038B

"final and temporary regulations. These regulations eliminate one of two exceptions to the coordination rule between asset transfers and indirect stock transfers for certain outbound asset reorganizations. The regulations also modify the third exception to the coordination rule for certain outbound exchanges so that this exception is consistent with the remaining asset reorganization exception. In addition, the regulations modify, in various contexts, procedures for obtaining reasonable cause relief. Finally, the regulations implement certain changes with respect to transfers of stock or securities by a domestic corporation to a foreign corporation in a section 361 exchange. The regulations primarily affect domestic corporations that transfer property to foreign corporations in certain outbound nonrecognition exchanges."

Ninety-Day Waiting Period Limitation and Technical Amendments to Certain Health Coverage Requirements Under the Affordable Care Act

Prop regs

REG–122706–12 (3/21/13)

9801

9815

"implement the 90-day waiting period limitation under section 2708 of the Public Health Service Act, as added by the Patient Protection and Affordable Care Act (Affordable Care Act), as amended, and incorporated into the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code. They also propose amendments to regulations to conform to Affordable Care Act provisions already in effect as well as those that will become effective beginning 2014. The proposed conforming amendments make changes to existing requirements such as preexisting condition limitations and other portability provisions added by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and implementing regulations because they have become moot or need amendment due to new market reform protections under the Affordable Care Act."

$500,000 Dollar Deduction Limitation for Remuneration Provided by Certain Health Insurance Providers

Prop regs

REG–106796–12 (4/2/13)

162

"proposed regulations on the application  of the $500,000 deduction limitation for  remuneration provided by certain health  insurance providers under section  162(m)(6) of the Internal Revenue Code  (Code). These regulations affect health  insurance providers that pay such  remuneration."

Community Health Needs Assessments for Charitable Hospitals

Prop regs

REG–106499–12

(4/5/13)

501

6012

4959

"proposed regulations that provide  guidance to charitable hospital organizations on the community health  needs assessment (CHNA) requirements,  and related excise tax and reporting  obligations, enacted as part of the  Patient Protection and Affordable Care  Act of 2010. These proposed regulations  also clarify the consequences for failing  to meet these and other requirements for  charitable hospital organizations. These  regulations will affect charitable  hospital organizations."

Basis Reporting by Securities Brokers  and Basis Determination for Debt  Instruments and Options; Reporting  for Premium

 

Final and Temp Regs

 

Prop regs

TD 9616

(4/18/13)

 

REG–154563–12 (4/18/13)

1271

1275

6045

6045A

6045B

6049

"final  regulations relating to reporting by  brokers for transactions involving debt  instruments and options. These final  regulations reflect changes in the law  made by the Energy Improvement and  Extension Act of 2008 that require  brokers when reporting the sale of  securities to the IRS to include the  customer’s adjusted basis in the sold  securities and to classify any gain or  loss as long-term or short-term. These  final regulations also implement the  requirement that a broker report gross  proceeds from a sale or closing  transaction with respect to certain  options. In addition, this document  contains final regulations that  implement reporting requirements for a  transfer of a debt instrument or an  option to another broker and for an  organizational action that affects the  basis of a debt instrument or an option.  Moreover, this document contains final  regulations relating to the filing of Form  8281, ‘‘Information Return for Publicly  Offered Original Issue Discount  Instruments,’’ for certain debt  instruments with original issue discount  and temporary regulations relating to  information reporting for premium."

Minimum Value of Eligible Employer-  Sponsored Plans and Other Rules  Regarding the Health Insurance Premium Tax Credit

 

Prop regs

REG–125398–12  (5/3/13)

36B

6011

"proposed regulations relating to the health insurance premium tax credit  enacted by the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, as amended by the Medicare and Medicaid Extenders Act of 2010, the Comprehensive 1099 Taxpayer Protection and Repayment of Exchange Subsidy Overpayments Act of 2011, and the Department of Defense and Full-Year Continuing Appropriations Act, 2011. These proposed regulations affect individuals who enroll in qualified health plans through Affordable Insurance Exchanges (Exchanges) and claim the premium tax credit, and Exchanges that make qualified health plans available to individuals and employers. These proposed regulations also provide guidance on determining whether health coverage under an eligible employer-sponsored plan provides minimum value and affect employers that offer health coverage and their employees."

Updating of Employer Identification Numbers

Final regs

TD 9617 (5/6/13)

6109

"final regulations that require any person assigned an employer identification number (EIN) to provide updated information to the IRS in the manner and frequency prescribed by forms, instructions, or other appropriate guidance. These regulations affect persons with EINs and will enhance the IRS’s ability to maintain accurate information as to persons assigned EINs."

Finalizes proposed regs issued 3/14/12 - REG–135491– 10.

Disclosure of Returns and Return Information to Designee of Taxpayer

Final regs

TD 9618 (5/7/13)

6103

"final  regulations extending the period for  submission to the IRS of taxpayer  authorizations permitting disclosure of  returns and return information to third-  party designees. Specifically, the final  regulations extend from 60 days to 120  days the period within which a signed  and dated authorization must be  received by the IRS (or an agent or  contractor of the IRS) for it to be  effective. The final regulations will  affect taxpayers who submit  authorizations permitting disclosure of  returns and return information to third-  party designees."

Computation of, and Rules Relating to, Medical Loss Ratio

Prop regs

REG–126633–12 (5/13/13)

833

"proposed regulations that provide guidance to Blue Cross and Blue Shield organizations, and certain other health care organizations, on computing and applying the medical loss ratio added to the Internal Revenue Code by the  Patient Protection and Affordable Care Act."


This page last updated May 11, 2013

Page maintained by Professor Annette Nellen.