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 |
|
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
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 |
(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 |
(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. |