82_FR_6247 82 FR 6235 - Application of Modified Carryover Basis to General Basis Rules

82 FR 6235 - Application of Modified Carryover Basis to General Basis Rules

DEPARTMENT OF THE TREASURY
Internal Revenue Service

Federal Register Volume 82, Issue 12 (January 19, 2017)

Page Range6235-6243
FR Document2017-01365

This document contains final regulations regarding the application of the modified carryover basis rules of section 1022 of the Internal Revenue Code (Code). Specifically, the final regulations modify provisions of the Treasury Regulations involving basis rules by including a reference to section 1022 where appropriate. The regulations will affect property transferred from certain decedents who died in 2010. The regulations reflect changes to the law made by the Economic Growth and Tax Relief Reconciliation Act of 2001 and the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010.

Federal Register, Volume 82 Issue 12 (Thursday, January 19, 2017)
[Federal Register Volume 82, Number 12 (Thursday, January 19, 2017)]
[Rules and Regulations]
[Pages 6235-6243]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01365]



[[Page 6235]]

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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[TD 9811]
RIN 1545-BK09


Application of Modified Carryover Basis to General Basis Rules

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Final regulations.

-----------------------------------------------------------------------

SUMMARY: This document contains final regulations regarding the 
application of the modified carryover basis rules of section 1022 of 
the Internal Revenue Code (Code). Specifically, the final regulations 
modify provisions of the Treasury Regulations involving basis rules by 
including a reference to section 1022 where appropriate. The 
regulations will affect property transferred from certain decedents who 
died in 2010. The regulations reflect changes to the law made by the 
Economic Growth and Tax Relief Reconciliation Act of 2001 and the Tax 
Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 
2010.

DATES: Effective Date: The regulations are effective on January 19, 
2017.
    Applicability Date: The regulations are applicable on January 19, 
2017.

FOR FURTHER INFORMATION CONTACT: Mayer R. Samuels at (202) 317-6859 
(not a toll-free number).

SUPPLEMENTARY INFORMATION: 

Background

    This document contains amendments to 26 CFR part 1 under various 
provisions of the Code in response to statutory changes made by the 
Economic Growth and Tax Relief Reconciliation Act of 2001, Public Law 
107-16 (EGTRRA) and the Tax Relief, Unemployment Insurance 
Reauthorization, and Job Creation Act of 2010, Public Law 111-312 
(TRUIRJCA).
    Section 501(a) of EGTRRA enacted section 2210 of the Code, which 
made chapter 11 (the estate tax) inapplicable to the estate of any 
decedent who died after 2009. Section 542 of EGTRRA also enacted 
section 1022. While section 1014 generally provides that the 
recipient's basis in property passing from a decedent is the fair 
market value of the property on the decedent's date of death, section 
1022 sets forth a modified carryover basis system applicable after 2009 
generally providing that the recipient's basis in property acquired 
from a decedent is the lesser of the decedent's adjusted basis in the 
property or the fair market value of the property on the decedent's 
date of death. Section 901(a) of EGTRRA, known as the ``sunset 
clause'', provided that all provisions of and amendments made by EGTRRA 
do not apply to estates of decedents dying, gifts made, or generation-
skipping transfers after December 31, 2010. The sunset clause 
effectively limited the application of sections 501(a) and 542 of 
EGTRRA to 2010.
    Section 301(a) of TRUIRJCA, which became law on December 17, 2010, 
retroactively reinstated the estate tax and repealed section 1022 with 
respect to the estates of decedents who died in 2010. However, section 
301(c) of TRUIRJCA allowed the executor of the estate of a decedent who 
died in 2010 to elect to apply the Code and regulations thereunder as 
though section 301(a) of TRUIRJCA did not apply with respect to chapter 
11 and with respect to property acquired or passing from the decedent 
(within the meaning of section 1014(b) of the Code). Thus, section 
301(c) of TRUIRJCA allowed the executor of the estate of a decedent who 
died in 2010 to elect not to have the provisions of chapter 11 apply to 
the decedent's estate, but rather to have the provisions of section 
1022 apply (a Section 1022 Election).
    To provide executors with guidance regarding the making of a 
Section 1022 Election and certain other collateral issues arising from 
the determination of basis under section 1022, on August 29, 2011, the 
Treasury Department and the IRS issued Notice 2011-66 (2011-35 IRB 184) 
and Revenue Procedure 2011-41 (2011-35 IRB 188). Although section 1022 
was applicable only to decedents dying in calendar year 2010, basis 
determined pursuant to that section will continue to be relevant until 
all of the property whose basis is determined under that section has 
been sold or otherwise disposed of in a transaction in which gain or 
loss is recognized. Accordingly, on May 11, 2015, the Treasury 
Department and the IRS published in the Federal Register (80 FR 26873) 
a notice of proposed rulemaking (REG-107595-11, 2015-21 IRB 986) 
proposing amendments to existing regulations under various sections of 
the Code to take into account the application of the modified carryover 
basis rules of section 1022. The IRS received written comments 
responding to the notice of proposed rulemaking. No public hearing was 
requested or held.
    After consideration of the comments received on the proposed 
regulations, this Treasury decision adopts the proposed regulations 
without modification as final regulations. However, the final 
regulations adopt certain nonsubstantive, clarifying changes. The 
comments received on the proposed regulations are discussed in the 
remainder of this preamble.

Summary of Comments

    One commenter noted that the proposed regulations proposed to amend 
Sec.  1.742-1 to provide that the basis of a partnership interest 
acquired from a decedent is determined under section 1022 if the 
decedent died in 2010 and the decedent's executor made a Section 1022 
Election with respect to the decedent's estate. The commenter noted 
that there was no similar amendment proposed to be made to Sec.  
1.1367-1(j), relating to the basis of stock of an S corporation where a 
portion of the value of the stock is attributable to items constituting 
income in respect of a decedent (IRD). The commenter recommended that 
the final regulations amend Sec.  1.1367-1(j) with language referencing 
section 1022.
    After considering this comment, the Treasury Department and the IRS 
have determined that no change is necessary. Section 1.1367-1(j) 
states, ``[t]he basis determined under section 1014 of any stock in an 
S corporation is reduced by the portion of the value of the stock that 
is attributable to items constituting income in respect of a 
decedent.'' This regulation section, with its required basis adjustment 
for IRD, is limited to situations in which section 1014 applies. 
Section 1.1367-1(j) does not apply when a Section 1022 Election is made 
because there is no basis adjustment under section 1022 to the date of 
death value of S corporation stock. Without an adjustment to date of 
death value, no further adjustment to the basis of S corporation stock 
is required to account for IRD. Therefore, the final regulations do not 
adopt this comment.
    A commenter noted that the proposed regulations only propose 
amendments to finalized regulations, and not to proposed regulations or 
temporary regulations. That commenter specifically requested guidance 
with respect to proposed regulation Sec.  1.465-69(a) (which provides 
that a successor to a decedent's amount at risk in an activity is 
increased by the amount by which the successor's basis in the activity 
is increased under section 1014) and temporary regulation Sec.  
16A.1255-2(b)(2) (which provides that if, as of the date a person 
acquires section 126 property from a decedent, the basis of the 
property is determined under section 1014, then on that date the 
aggregate of excludable portions under

[[Page 6236]]

section 126 in the hands of such transferee is zero). This Treasury 
decision cannot modify provisions of the proposed or temporary 
regulations referenced by the commenter without adopting those 
provisions as final or temporary regulations. The Treasury Department 
and the IRS continue to study these areas, and therefore are not 
prepared to adopt modifications to the proposed or temporary 
regulations referenced by the commenter at this time. Accordingly, the 
final regulations do not adopt this comment. However, the Treasury 
Department and the IRS expect that, if those proposed or temporary 
regulations are adopted as final or temporary regulations in the 
future, such regulations will be updated as appropriate to account for 
the existence of section 1022.
    Another commenter asked why the preamble to the proposed 
regulations omitted any discussion of the revisions made to regulations 
under six particular sections of the Code, and requested an explanation 
as to why changes to those regulatory provisions were considered less 
significant than the changes for which an explanation was given. 
Generally, the Treasury Department and the IRS included descriptions of 
the proposed changes in that preamble that involved more than a mere 
insertion of a reference to section 1022 in addition to an existing 
reference to section 1014. In such cases, it was determined that an 
explanation or clarification of the substance or effect of the proposed 
revision would be helpful. In the case of the proposed amendments to 
regulations under the six Code sections mentioned by the commenter, the 
only change proposed was the mere insertion of references to section 
1022 in addition to existing references to section 1014. Accordingly, 
the Treasury Department and the IRS determined that no further 
explanation of those changes was necessary.
    A commenter also asked why the proposed regulations did not 
incorporate the treatment of items under the various Code sections 
addressed in Revenue Procedure 2011-41, 2011-35 IRB 188. That revenue 
procedure provides a safe harbor that determines the effect on the 
application of various Code sections of a Section 1022 Election. The 
provisions relating to that safe harbor are available only if the 
executor of the estate makes a Section 1022 Election and takes no 
position contrary to a provision in that revenue procedure. Nothing in 
these final regulations changes or invalidates the provisions of 
Revenue Procedure 2011-41, so the safe harbor will remain available to 
qualifying taxpayers. Consequently, it is unnecessary to incorporate 
the revenue procedure into these regulations.

Special Analyses

    Certain IRS regulations, including this one, are exempt from the 
requirements of Executive Order 12866, as supplemented and reaffirmed 
by Executive Order 13563. Therefore, a regulatory impact assessment is 
not required. The Regulatory Flexibility Act (5 U.S.C. chapter 6) does 
not apply to these final regulations because the final regulations do 
not impose a collection of information requirement on small entities. 
Therefore, a Regulatory Flexibility Analysis is not required. Pursuant 
to section 7805(f) of the Code, the notice of proposed rulemaking 
preceding this regulation has been submitted to the Chief Counsel for 
Advocacy of the Small Business Administration for comment on its impact 
on small business, and no comments were received.

Drafting Information

    The principal author of these final regulations is Mayer R. 
Samuels, Office of the Associate Chief Counsel (Passthroughs and 
Special Industries). Other personnel from the Treasury Department and 
the IRS participated in their development.

List of Subjects in 26 CFR Part 1

    Income taxes, Reporting and recordkeeping requirements.

Adoption of Amendments to the Regulations

    Accordingly, 26 CFR part 1 is amended as follows:

PART 1--INCOME TAXES

    Paragraph 1. The authority citation for part 1 continues to read in 
part as follows:

    Authority: 26 U.S.C. 7805 * * *


0
Par. 2. Section 1.48-12 is amended by revising the last sentence of 
paragraph (b)(2)(vii)(B) and adding paragraph (g) to read as follows:


Sec.  1.48-12  Qualified rehabilitated building; expenditures incurred 
after December 31, 1981.

* * * * *
    (b) * * *
    (2) * * *
    (vii) * * *
    (B) * * * If a transferee's basis is determined under section 1014 
or section 1022, any expenditures incurred by the decedent within the 
measuring period that are treated as having been incurred by the 
transferee under paragraph (c)(3)(ii) of this section shall decrease 
the transferee's basis for purposes of the substantial rehabilitation 
test.
* * * * *
    (g) Effective/applicability date. This section applies on and after 
January 19, 2017. For rules before January 19, 2017, see Sec.  1.48-12 
as contained in 26 CFR part 1 revised as of April 1, 2016.

0
Par. 3. Section 1.83-4 is amended by revising the last sentence of 
paragraph (b)(1) and adding paragraph (d) to read as follows:


Sec.  1.83-4  Special rules.

* * * * *
    (b) * * *
    (1) * * * Such basis shall also reflect any adjustments to basis 
provided under sections 1015, 1016, and 1022.
* * * * *
    (d) Effective/applicability date. The provisions in this section 
are applicable for taxable years beginning on or after July 21, 1978. 
The provisions of paragraph (b)(1) of this section relating to section 
1022 are effective on and after January 19, 2017.

0
Par. 4. Section 1.179-4 is amended by revising the first sentence of 
paragraph (c)(1)(iv) to read as follows:


Sec.  1.179-4  Definitions.

* * * * *
    (c) * * *
    (1) * * *
    (iv) The property is not acquired by purchase if the basis of the 
property in the hands of the person acquiring it is determined in whole 
or in part by reference to the adjusted basis of such property in the 
hands of the person from whom acquired, is determined under section 
1014(a), relating to property acquired from a decedent, or is 
determined under section 1022, relating to property acquired from 
certain decedents who died in 2010. * * *
* * * * *

0
Par. 5. Section 1.179-6 is amended by:
0
1. Revising the section heading and the first sentence of paragraph 
(a).
0
2. Adding paragraph (d).
    The revision and addition read as follows:


Sec.  1.179-6  Effective/applicability dates.

    (a) * * * Except as provided in paragraphs (b), (c), and (d) of 
this section, the provisions of Sec. Sec.  1.179-1 through 1.179-5 
apply for property placed in service by the taxpayer in taxable years 
ending after January 25, 1993. * * *
* * * * *
    (d) Application of Sec.  1.179-4(c)(1)(iv). The provisions of Sec.  
1.179-4(c)(1)(iv)

[[Page 6237]]

relating to section 1022 are effective on and after January 19, 2017.

0
Par. 6. Section 1.197-2 is amended by revising paragraphs (h)(5)(i) and 
(h)(12)(viii) and adding paragraph (l)(5) to read as follows:


Sec.  1.197-2  Amortization of goodwill and certain other intangibles.

* * * * *
    (h) * * *
    (5) * * *
    (i) The acquisition of a section 197(f)(9) intangible if the 
acquiring taxpayer's basis in the intangible is determined under 
section 1014(a) or 1022; or
* * * * *
    (12) * * *
    (viii) Operating rule for transfers upon death. For purposes of 
this paragraph (h)(12), if the basis of a partner's interest in a 
partnership is determined under section 1014(a) or 1022, such partner 
is treated as acquiring such interest from a person who is not related 
to such partner, and such interest is treated as having previously been 
held by a person who is not related to such partner.
* * * * *
    (l) * * *
    (5) Application of section 1022. The provisions of Sec.  1.197-
2(h)(5)(i) and (h)(12)(viii) relating to section 1022 are effective on 
and after January 19, 2017.

0
Par. 7. Section 1.267(d)-1 is amended by revising paragraph (a)(3) to 
read as follows:


Sec.  1.267(d)-1  Amount of gain where loss previously disallowed.

    (a) * * *
    (3) The benefit of the general rule is available only to the 
original transferee but does not apply to any original transferee (for 
example, a donee or a person acquiring property from a decedent where 
the basis of property is determined under section 1014 or 1022) who 
acquired the property in any manner other than by purchase or exchange.
* * * * *

0
Par. 8. Section 1.267(d)-2 is amended by revising the section heading 
and adding a sentence to the end of the paragraph to read as follows:


Sec.  1.267(d)-2  Effective/applicability dates.

    * * * The provisions of Sec.  1.267(d)-1(a)(3) relating to section 
1022 are effective on and after January 19, 2017.

0
Par. 9. Section 1.273-1 is revised to read as follows:


Sec.  1.273-1  Life or terminable interests.

    (a) In general. Amounts paid as income to the holder of a life or a 
terminable interest acquired by gift, bequest, or inheritance shall not 
be subject to any deduction for shrinkage (whether called by 
depreciation or any other name) in the value of such interest due to 
the lapse of time. In other words, the holder of such an interest so 
acquired may not set up the value of the expected future payments as 
corpus or principal and claim deduction for shrinkage or exhaustion 
thereof due to the passage of time. For the treatment generally of 
distributions to beneficiaries of an estate or trust, see Subparts A, 
B, C, and D (section 641 and following), Subchapter J, Chapter 1 of the 
Code, and the regulations thereunder. For basis of property acquired 
from a decedent and by gifts and transfers in trust, see sections 1014, 
1015, and 1022, and the regulations thereunder.
    (b) Effective/applicability date. The provisions in this section 
are applicable for taxable years beginning on or after September 16, 
1958. The provisions of this section relating to section 1022 are 
effective on and after January 19, 2017.

0
Par. 10. Section 1.306-3 is amended by removing the last sentence of 
paragraph (e) and adding two sentences in its place to read as follows:


Sec.  1.306-3  Section 306 stock defined.

* * * * *
    (e) * * * Section 306 stock ceases to be so classified if the basis 
of such stock is determined by reference to its fair market value on 
the date of the decedent-stockholder's death under section 1014 or the 
optional valuation date under section 2032. Section 306 stock continues 
to be so classified if the basis of such stock is determined under 
section 1022.
* * * * *

0
Par. 11. Section 1.306-4 is added to read as follows:


Sec.  1.306-4  Effective/applicability date.

    The provisions of Sec. Sec.  1.306-1 through 1.306-3 are applicable 
on or after June 22, 1954. The provisions of Sec.  1.306-3 relating to 
section 1022 are effective on and after January 19, 2017.

0
Par. 12. Section 1.336-1 is amended by revising paragraph (b)(5)(i)(A) 
to read as follows:


Sec.  1.336-1  General principles, nomenclature, and definitions for a 
section 336(e) election.

* * * * *
    (b) * * *
    (5) * * *
    (i) * * *
    (A) The basis of the stock in the hands of the purchaser is not 
determined in whole or in part by reference to the adjusted basis of 
such stock in the hands of the person from whom the stock is acquired, 
is not determined under section 1014(a) (relating to property acquired 
from a decedent), or is not determined under section 1022 (relating to 
the basis of property acquired from certain decedents who died in 
2010);
* * * * *

0
Par. 13. Section 1.336-5 is amended by revising the section heading and 
adding a sentence to the end of the paragraph to read as follows:


Sec.  1.336-5   Effective/applicability dates.

    * * * The provisions of Sec.  1.336-1(b)(5)(i)(A) relating to 
section 1022 are effective on and after January 19, 2017.

0
Par. 14. Section 1.355-6 is amended by revising paragraphs 
(d)(1)(i)(A)(2) and (g) to read as follows:


Sec.  1.355-6  Recognition of gain on certain distributions of stock or 
securities in controlled corporation.

* * * * *
    (d) * * *
    (1) * * *
    (i) * * *
    (A) * * *
    (2) Under section 1014(a) or 1022; and
* * * * *
    (g) Effective/applicability dates. This section applies to 
distributions occurring after December 20, 2000, except that they do 
not apply to any distributions occurring pursuant to a written 
agreement that is (subject to customary conditions) binding on December 
20, 2000, and at all later times. The provisions of paragraph 
(d)(1)(i)(A)(2) of this section relating to section 1022 are effective 
on and after January 19, 2017.

0
Par. 15. Section 1.382-1 is amended by revising the entry for Sec.  
1.382-9(d)(6) to read as follows:


Sec.  1.382-9   Special rules under section 382 for corporations under 
the jurisdiction of a court in a title 11 or similar case.

* * * * *
    (d) * * *
    (6) Effective/applicability date.
* * * * *

0
Par. 16. Section 1.382-9 is amended by revising paragraphs 
(d)(5)(ii)(D) and (d)(6)(i) to read as follows:


Sec.  1.382-9  Special rules under section 382 for corporations under 
the jurisdiction of a court in a title 11 or similar case.

* * * * *
    (d) * * *
    (5) * * *
    (ii) * * *
    (D) The transferee's basis in the indebtedness is determined under

[[Page 6238]]

section 1014, 1015, or 1022 or with reference to the transferor's basis 
in the indebtedness;
* * * * *
    (6) Effective/applicability date--(i) In general. This paragraph 
(d) applies to ownership changes occurring on or after March 17, 1994. 
The provisions of paragraph (d)(5)(ii)(D) of this section relating to 
section 1022 are effective on and after January 19, 2017.
* * * * *

0
Par. 17. Section 1.421-2 is amended by:
0
1. Revising paragraphs (c)(4)(i)(a) and (c)(4)(ii).
0
2. Revising the heading of paragraph (f) and adding paragraph (f)(3).
    The revisions and addition read as follows:


Sec.  1.421-2  General rules.

* * * * *
    (c) * * *
    (4)(i)(a) In the case of the death of an optionee, the basis of any 
share of stock acquired by the exercise of an option under this 
paragraph (c), determined under section 1011, shall be increased by an 
amount equal to the portion of the basis of the option attributable to 
such share. For example, if a statutory option to acquire 10 shares of 
stock has a basis of $100, the basis of one share acquired by a partial 
exercise of the option, determined under section 1011, would be 
increased by 1/10th of $100, or $10. The option acquires a basis, 
determined under section 1014(a) or under section 1022, if applicable, 
only if the transfer of the share pursuant to the exercise of such 
option qualifies for the special tax treatment provided by section 
421(a). To the extent the option is so exercised, in whole or in part, 
it will acquire a basis equal to its fair market value (or the basis as 
determined under section 1022, if applicable) at the date of the 
employee's death or, if an election is made under section 2032, its 
value at its applicable valuation date. In certain cases, the basis of 
the share is subject to the adjustments provided by paragraphs 
(c)(4)(i)(b) and (c) of this section, but such adjustments are only 
applicable in the case of an option that is subject to section 423(c).
* * * * *
    (ii) If a statutory option is not exercised by the estate of the 
individual to whom the option was granted, or by the person who 
acquired such option by bequest or inheritance or by reason of the 
death of such individual, the option shall be considered to be property 
that constitutes a right to receive an item of income in respect of a 
decedent to which the rules of sections 691 and 1014(c) (or section 
1022(f), if applicable) apply.
* * * * *
    (f) Effective/applicability date. * * *
* * * * *
    (3) Application of section 1022. The provisions of paragraph (c) of 
this section relating to section 1022 are effective on and after 
January 19, 2017.

0
Par. 18. Section 1.423-2 is amended by:
0
1. Revising the third sentence of paragraph (k)(2).
0
2. Adding a sentence to the end of paragraph (l).
    The revision and addition read as follows:


Sec.  1.423-2  Employee stock purchase plan defined.

* * * * *
    (k) * * *
    (2) * * * If the special rules provided in this paragraph (k) are 
applicable to a share of stock upon the death of an employee, then the 
basis of the share in the hands of the estate or the person receiving 
the stock by bequest or inheritance shall be determined under section 
1014 or under section 1022, if applicable, and shall not be increased 
by reason of the inclusion upon the decedent's death of any amount in 
the decedent's gross income under this paragraph (k). * * *
* * * * *
    (l) * * * The provisions of this section relating to section 1022 
are effective on and after January 19, 2017.

0
Par. 19. Section 1.424-1 is amended by revising the last sentence of 
paragraph (c)(2) and adding paragraph (g)(3) to read as follows:


Sec.  1.424-1  Definitions and special rules applicable to statutory 
options.

* * * * *
    (c) * * *
    (2) * * * For determination of basis in the hands of the survivor 
where joint ownership is terminated by the death of one of the owners, 
see section 1014 or section 1022, if applicable.
* * * * *
    (g) * * *
    (3) Application of section 1022. The provisions of paragraph (c)(2) 
of this section relating to section 1022 are effective on and after 
January 19, 2017.

0
Par. 20. Section 1.467-7 is amended by revising paragraph (c)(2) and 
revising the first sentence of paragraph (c)(4) to read as follows:


Sec.  1.467-7  Section 467 recapture and other rules relating to 
dispositions and modifications.

* * * * *
    (c) * * *
    (2) Dispositions at death. Paragraph (a) of this section does not 
apply to a disposition if the basis of the property in the hands of the 
transferee is determined under section 1014(a) or section 1022. 
However, see paragraph (c)(4) of this section for dispositions of 
property subject to section 1022 by transferees. This paragraph (c)(2) 
does not apply to property that constitutes a right to receive an item 
of income in respect of a decedent. See sections 691, 1014(c), and 
1022(f).
* * * * *
    (4) * * * If the recapture amount with respect to a disposition of 
property (the first disposition) is limited under paragraph (c)(1) or 
(c)(3) of this section, or under paragraph (c)(2) of this section 
because the basis of the property in the hands of the transferee is 
determined under section 1022, and the transferee subsequently disposes 
of the property in a transaction to which paragraph (a) of this section 
applies, the prior understated inclusion determined under paragraph 
(b)(2) of this section is computed by taking into account the amounts 
attributable to the period of the transferor's ownership of the 
property prior to the first disposition. * * *
* * * * *

0
Par. 21. Section 1.467-9 is amended by revising the section heading and 
adding paragraph (f) to read as follows:


Sec.  1.467-9  Effective/applicability dates and automatic method 
changes for certain agreements.

* * * * *
    (f) Application of section 1022. The provisions of Sec.  1.467-
7(c)(2) and (4) relating to section 1022 are effective on and after 
January 19, 2017.

0
Par. 22. Section 1.617-3 is amended by revising paragraph (d)(5)(ii)(b) 
to read as follows:


Sec.  1.617-3  Recapture of exploration expenditures.

* * * * *
    (d) * * *
    (5) * * *
    (ii) * * *
    (b) The transactions referred to in paragraph (d)(5)(ii)(a) of this 
section are:
    (1) A disposition that is in part a sale or exchange and in part a 
gift;
    (2) A disposition that is described in section 617(d) through the 
incorporation by reference of the provisions of section 1245(b)(3) 
(relating to certain tax free transactions); or
    (3) A transfer at death where basis of property in the hands of the 
transferee is determined under section 1022.
* * * * *

[[Page 6239]]


0
Par. 23. Section 1.617-4 is amended by revising the second sentence of 
paragraph (c)(1)(i) to read as follows:


Sec.  1.617-4  Treatment of gain from disposition of certain mining 
property.

* * * * *
    (c) * * *
    (1)(i) * * * For purposes of this paragraph (c), the term gift 
means, except to the extent that paragraph (c)(1)(ii) of this section 
applies, a transfer of mining property that, in the hands of the 
transferee, has a basis determined under the provisions of section 
1015(a) or 1015(d) (relating to basis of property acquired by gift) or 
section 1022 (relating to the basis of property acquired from certain 
decedents who died in 2010). * * *
* * * * *

0
Par. 24. Section 1.617-5 is added to read as follows:


Sec.  1.617-5  Effective/applicability date.

    Sections 1.617-3 and 1.617-4 apply on and after January 19, 2017. 
For rules before January 19, 2017, see Sec. Sec.  1.617-3 and 1.617-4 
as contained in 26 CFR part 1 revised as of April 1, 2016.

0
Par. 25. Section 1.684-3 is amended by revising paragraph (c) to read 
as follows:


Sec.  1.684-3  Exceptions to general rule of gain recognition.

* * * * *
    (c) Certain transfers at death--(1) Section 1014 basis. The general 
rule of gain recognition under Sec.  1.684-1 shall not apply to any 
transfer of property to a foreign trust or foreign estate or, in the 
case of a transfer of property by a U.S. transferor decedent dying in 
2010, to a foreign trust, foreign estate, or a nonresident alien, by 
reason of death of the U.S. transferor, if the basis of the property in 
the hands of the transferee is determined under section 1014(a).
    (2) Section 1022 basis election. For U.S. transferor decedents 
dying in 2010, the general rule of gain recognition under Sec.  1.684-1 
shall apply to any transfer of property by reason of death of the U.S. 
transferor if the basis of the property in the hands of the foreign 
trust, foreign estate, or the nonresident alien individual is 
determined under section 1022. The gain on the transfer shall be 
calculated as set out under Sec.  1.684-1(a), except that adjusted 
basis will reflect any increases allocated to such property under 
section 1022.
* * * * *

0
Par. 26. Section 1.684-5 is revised to read as follows:


Sec.  1.684-5   Effective/applicability dates.

    (a) Sections 1.684-1 through 1.684-4 apply to transfers of property 
to foreign trusts and foreign estates after August 7, 2000, except as 
provided in paragraph (b) of this section.
    (b) In the case a U.S. transferor decedent dying in 2010, Sec.  
1.684-3(c) applies to transfers of property to foreign trusts, foreign 
estates, and nonresident aliens after December 31, 2009, and before 
January 1, 2011.

0
Par. 27. Section 1.691(a)-3 is amended by revising the last two 
sentences of paragraph (a) and adding paragraph (c) to read as follows:


Sec.  1.691(a)-3   Character of gross income.

    (a) * * * The provisions of section 1014(a), relating to the basis 
of property acquired from a decedent, and section 1022, relating to the 
basis of property acquired from certain decedents who died in 2010, do 
not apply to these amounts in the hands of the estate and such persons. 
See sections 1014(c) and 1022(f).
* * * * *
    (c) Effective/applicability dates. The last two sentences of 
paragraph (a) of this section apply on and after January 19, 2017. For 
rules before January 19, 2017, see Sec.  1.691(a)-3 as contained in 26 
CFR part 1 revised as of April 1, 2016.

0
Par. 28. Section 1.742-1 is revised to read as follows:


Sec.  1.742-1  Basis of transferee partner's interest.

    (a) In general. The basis to a transferee partner of an interest in 
a partnership shall be determined under the general basis rules for 
property provided by part II (section 1011 and following), Subchapter 
O, Chapter 1 of the Internal Revenue Code. Thus, the basis of a 
purchased interest will be its cost. Generally, the basis of a 
partnership interest acquired from a decedent is the fair market value 
of the interest at the date of his death or at the alternate valuation 
date, increased by his estate's or other successor's share of 
partnership liabilities, if any, on that date, and reduced to the 
extent that such value is attributable to items constituting income in 
respect of a decedent (see section 753 and Sec. Sec.  1.706-1(c)(3)(v) 
and 1.753-1(b)) under section 691. See section 1014(c). However, the 
basis of a partnership interest acquired from a decedent is determined 
under section 1022 if the decedent died in 2010 and the decedent's 
executor elected to have section 1022 apply to the decedent's estate. 
For basis of contributing partner's interest, see section 722. The 
basis so determined is then subject to the adjustments provided in 
section 705.
    (b) Effective/applicability date. This section applies on and after 
January 19, 2017. For rules before January 19, 2017, see Sec.  1.742-1 
as contained in 26 CFR part 1 revised as of April 1, 2016.

0
Par. 29. Section 1.743-1 is amended by revising paragraphs (k)(2)(ii) 
and (l) to read as follows:


Sec.  1.743-1   Optional adjustment to basis of partnership property.

* * * * *
    (k) * * *
    (2) * * *
    (ii) Special rule. A transferee that acquires, on the death of a 
partner, an interest in a partnership with an election under section 
754 in effect for the taxable year of the transfer, must notify the 
partnership, in writing, within one year of the death of the deceased 
partner. The written notice to the partnership must be signed under 
penalties of perjury and must include the names and addresses of the 
deceased partner and the transferee, the taxpayer identification 
numbers of the deceased partner and the transferee, the relationship 
(if any) between the transferee and the transferor, the deceased 
partner's date of death, the date on which the transferee became the 
owner of the partnership interest, the fair market value of the 
partnership interest on the applicable date of valuation set forth in 
section 1014 or section 1022, the manner in which the fair market value 
of the partnership interest was determined, and the carryover basis as 
adjusted under section 1022 (if applicable).
* * * * *
    (l) Effective/applicability date. The provisions in this section 
apply to transfers of partnership interests that occur on or after 
December 15, 1999. The provisions of this section relating to section 
1022 are effective on and after January 19, 2017.

0
Par. 30. Section 1.755-1 is amended by:
0
1. Revising paragraphs (a)(4)(i)(C) and the first sentence of 
(b)(4)(i).
0
2. Revising the heading of paragraph (e) and paragraph (e)(2).
    The revisions read as follows:


Sec.  1.755-1  Rules for allocation of basis.

    (a) * * *
    (4) * * *
    (i) * * *
    (C) Income in respect of a decedent. Solely for the purpose of 
determining partnership gross value under this paragraph (a)(4)(i), 
where a partnership interest is transferred as a result of the death of 
a partner, the transferee's basis

[[Page 6240]]

in its partnership interest is determined without regard to section 
1014(c) or section 1022(f), and is deemed to be adjusted for that 
portion of the interest, if any, that is attributable to items 
representing income in respect of a decedent under section 691.
* * * * *
    (b) * * *
    (4) * * *
    (i) * * * Where a partnership interest is transferred as a result 
of the death of a partner, under section 1014(c) or section 1022(f), 
the transferee's basis in its partnership interest is not adjusted for 
that portion of the interest, if any, that is attributable to items 
representing income in respect of a decedent under section 691. * * *
* * * * *
    (e) Effective/applicability dates. * * *
    (2) Special rules. Paragraphs (a) and (b)(3)(iii) of this section 
apply to transfers of partnership interests and distributions of 
property from a partnership that occur on or after June 9, 2003. The 
provisions of paragraphs (a)(4)(i)(C) and (b)(4)(i) of this section 
relating to section 1022 are effective on and after the date January 
19, 2017.

0
Par. 31. Section 1.995-4 is amended by revising the first sentence of 
paragraph (d)(2) and adding paragraph (f) to read as follows:


Sec.  1.995-4  Gain on disposition of stock in a DISC.

* * * * *
    (d) * * *
    (2) * * * For purposes of this section, the period during which a 
shareholder has held stock includes the period he is considered to have 
held it by reason of the application of section 1223 and, if his basis 
is determined in whole or in part under the provisions of section 
1014(d) (relating to special rule for DISC stock acquired from 
decedent) or section 1022 (relating to property acquired from certain 
decedents who died in 2010), the holding period of the decedent. * * *
* * * * *
    (f) Effective/applicability date. This section applies on and after 
January 19, 2017. For rules before January 19, 2017, see Sec.  1.995-4 
as contained in 26 CFR part 1 revised as of April 1, 2016.

0
Par. 32. Section 1.1001-1 is amended by revising the last sentence of 
paragraph (a), revising paragraph (f)(1), and adding paragraph (i) to 
read as follows:


Sec.  1.1001-1   Computation of gain or loss.

    (a) * * * Section 1001(e) and paragraph (f) of this section 
prescribe the method of computing gain or loss upon the sale or other 
disposition of a term interest in property the adjusted basis (or a 
portion) of which is determined pursuant, or by reference, to section 
1014 (relating to the basis of property acquired from a decedent), 
section 1015 (relating to the basis of property acquired by gift or by 
a transfer in trust), or section 1022 (relating to the basis of 
property acquired from certain decedents who died in 2010).
* * * * *
    (f) * * *
    (1) General rule. Except as otherwise provided in paragraph (f)(3) 
of this section, for purposes of determining gain or loss from the sale 
or other disposition after October 9, 1969, of a term interest in 
property (as defined in paragraph (f)(2) of this section), a taxpayer 
shall not take into account that portion of the adjusted basis of such 
interest that is determined pursuant, or by reference, to section 1014 
(relating to the basis of property acquired from a decedent), section 
1015 (relating to the basis of property acquired by gift or by a 
transfer in trust), or section 1022 (relating to the basis of property 
acquired from certain decedents who died in 2010) to the extent that 
such adjusted basis is a portion of the adjusted uniform basis of the 
entire property (as defined in Sec.  1.1014-5). Where a term interest 
in property is transferred to a corporation in connection with a 
transaction to which section 351 applies and the adjusted basis of the 
term interest:
    (i) Is determined pursuant to sections 1014, 1015, or 1022; and
    (ii) Is also a portion of the adjusted uniform basis of the entire 
property, a subsequent sale or other disposition of such term interest 
by the corporation will be subject to the provisions of section 1001(e) 
and this paragraph (f) to the extent that the basis of the term 
interest so sold or otherwise disposed of is determined by reference to 
its basis in the hands of the transferor as provided by section 362(a). 
See paragraph (f)(2) of this section for rules relating to the 
characterization of stock received by the transferor of a term interest 
in property in connection with a transaction to which section 351 
applies. That portion of the adjusted uniform basis of the entire 
property that is assignable to such interest at the time of its sale or 
other disposition shall be determined under the rules provided in Sec.  
1.1014-5. Thus, gain or loss realized from a sale or other disposition 
of a term interest in property shall be determined by comparing the 
amount of the proceeds of such sale with that part of the adjusted 
basis of such interest that is not a portion of the adjusted uniform 
basis of the entire property.
* * * * *
    (i) Effective/applicability date. Except as provided in paragraphs 
(g) and (h) of this section, this section applies on and after January 
19, 2017. For rules before January 19, 2017, see Sec.  1.1001-1 as 
contained in 26 CFR part 1 revised as of April 1, 2016.

0
Par. 33. Section 1.1014-1 is amended by revising paragraph (a) and 
adding paragraph (d) to read as follows:


Sec.  1.1014-1   Basis of property acquired from a decedent.

    (a) General rule. The purpose of section 1014 is, in general, to 
provide a basis for property acquired from a decedent that is equal to 
the value placed upon such property for purposes of the federal estate 
tax. Accordingly, the general rule is that the basis of property 
acquired from a decedent is the fair market value of such property at 
the date of the decedent's death, or, if the decedent's executor so 
elects, at the alternate valuation date prescribed in section 2032, or 
in section 811(j) of the Internal Revenue Code (Code) of 1939. However, 
the basis of property acquired from certain decedents who died in 2010 
is determined under section 1022, if the decedent's executor made an 
election under section 301(c) of the Tax Relief, Unemployment Insurance 
Reauthorization, and Job Creation Act of 2010, Public Law 111-312 (124 
Stat. 3296, 3300 (2010)). See section 1022. Property acquired from a 
decedent includes, principally, property acquired by bequest, devise, 
or inheritance, and, in the case of decedents dying after December 31, 
1953, property required to be included in determining the value of the 
decedent's gross estate under any provision of the Code of 1954 or the 
Code of 1939. The general rule governing basis of property acquired 
from a decedent, as well as other rules prescribed elsewhere in this 
section, shall have no application if the property is sold, exchanged, 
or otherwise disposed of before the decedent's death by the person who 
acquired the property from the decedent. For general rules on the 
applicable valuation date where the executor of a decedent's estate 
elects under section 2032, or under section 811(j) of the Code of 1939, 
to value the decedent's gross estate at the alternate valuation date 
prescribed in such sections, see Sec.  1.1014-3(e).
* * * * *
    (d) Effective/applicability date. This section applies on and after 
January 19, 2017. For rules before January 19, 2017,

[[Page 6241]]

see Sec.  1.1014-1 as contained in 26 CFR part 1 revised as of April 1, 
2016.

0
Par. 34. Section 1.1014-4 is amended by revising the first sentence of 
paragraph (a)(1), revising the second sentence of paragraph (a)(2), and 
adding paragraph (d) to read as follows:


Sec.  1.1014-4  Uniformity of basis; adjustment to basis.

    (a) * * *
    (1) The basis of property acquired from a decedent, as determined 
under section 1014(a) or section 1022, is uniform in the hands of every 
person having possession or enjoyment of the property at any time under 
the will or other instrument or under the laws of descent and 
distribution. * * *
    (2) * * * Accordingly, there is a common acquisition date for all 
titles to property acquired from a decedent within the meaning of 
section 1014 or section 1022, and, for this reason, a common or uniform 
basis for all such interests. * * *
* * * * *
    (d) Effective/applicability date. This section applies on and after 
January 19, 2017. For rules before January 19, 2017, see Sec.  1.1014-4 
as contained in 26 CFR part 1 revised as of April 1, 2016.

0
Par. 35. Section 1.1014-5 is amended by revising paragraph (b) to read 
as follows:


Sec.  1.1014-5   Gain or loss.

* * * * *
    (b) Sale or other disposition of certain term interests--(1) In 
general. In determining gain or loss from the sale or other disposition 
after October 9, 1969, of a term interest in property (as defined in 
Sec.  1.1001-1(f)(2)) the adjusted basis of which is determined 
pursuant, or by reference, to section 1014 (relating to the basis of 
property acquired from a decedent), section 1015 (relating to the basis 
of property acquired by gift or by a transfer in trust), or section 
1022 (relating to the basis of property acquired from certain decedents 
who died in 2010), that part of the adjusted uniform basis assignable 
under the rules of paragraph (a) of this section to the interest sold 
or otherwise disposed of shall be disregarded to the extent and in the 
manner provided by section 1001(e) and Sec.  1.1001-1(f).
    (2) Effective/applicability date. The provisions of paragraph 
(b)(1) of this section relating to section 1022 are effective on and 
after January 19, 2017. For rules before January 19, 2017, see Sec.  
1.1014-5 as contained in 26 CFR part 1 revised as of April 1, 2016.

0
Par. 36. Section 1.1223-1 is amended by adding a sentence to the end of 
paragraph (b) and adding paragraph (l) to read as follows:


Sec.  1.1223-1  Determination of period for which capital assets are 
held.

* * * * *
    (b) * * * Similarly, the period for which property acquired from a 
decedent who died in 2010 was held by the decedent must be included in 
determining the period during which the property was held by the 
recipient, if the recipient's basis in the property is determined under 
section 1022.
* * * * *
    (l) Effective/applicability date. This section applies January 19, 
2017. For rules before January 19, 2017, see Sec.  1.1223-1 as 
contained in 26 CFR part 1 revised as of April 1, 2016.

0
Par. 37. Section 1.1245-2 is amended by revising paragraph (c)(2)(ii) 
and adding paragraph (d) to read as follows:


Sec.  1.1245-2  Definition of recomputed basis.

* * * * *
    (c) * * *
    (2) * * *
    (ii) The transactions referred to in paragraph (c)(2)(i) of this 
section are:
    (A) A disposition that is in part a sale or exchange and in part a 
gift (see Sec.  1.1245-4(a)(3));
    (B) A disposition (other than a disposition to which section 
1245(b)(6)(A) applies) that is described in section 1245(b)(3) 
(relating to certain tax-free transactions);
    (C) An exchange described in Sec.  1.1245-4(e)(2) (relating to 
transfers described in section 1081(d)(1)(A)); or
    (D) A transfer at death where the basis of property in the hands of 
the transferee is determined under section 1022.
* * * * *
    (d) Effective/applicability date. This section applies on and after 
January 19, 2017. For rules before January 19, 2017, see Sec.  1.1245-2 
as contained in 26 CFR part 1 revised as of April 1, 2016.

0
Par. 38. Section 1.1245-3 is amended by revising paragraph (a)(3) and 
adding paragraph (d) to read as follows:


Sec.  1.1245-3   Definition of section 1245 property.

    (a) * * *
    (3) Even though property may not be of a character subject to the 
allowance for depreciation in the hands of the taxpayer, such property 
may nevertheless be section 1245 property if the taxpayer's basis for 
the property is determined by reference to its basis in the hands of a 
prior owner of the property and such property was of a character 
subject to the allowance for depreciation in the hands of such prior 
owner, or if the taxpayer's basis for the property is determined by 
reference to the basis of other property that in the hands of the 
taxpayer was property of a character subject to the allowance for 
depreciation, or if the taxpayer's basis for the property is determined 
under section 1022 and such property was of a character subject to the 
allowance for depreciation in the hands of the decedent. Thus, for 
example, if a father uses an automobile in his trade or business during 
a period after December 31, 1961, and then gives the automobile to his 
son as a gift for the son's personal use, the automobile is section 
1245 property in the hands of the son.
* * * * *
    (d) Effective/applicability date. This section applies on and after 
January 19, 2017. For rules before January 19, 2017, see Sec.  1.1245-3 
as contained in 26 CFR part 1 revised as of April 1, 2016.

0
Par. 39. Section 1.1245-4 is amended by revising the second sentence of 
paragraph (a)(1) and adding paragraph (i) to read as follows:


Sec.  1.1245-4  Exceptions and Limitations.

    (a) * * *
    (1) * * * For purposes of this paragraph (a), the term gift means, 
except to the extent that paragraph (a)(3) of this section applies, a 
transfer of property that, in the hands of the transferee, has a basis 
determined under the provisions of section 1015(a) or 1015(d) (relating 
to basis of property acquired by gifts) or section 1022 (relating to 
basis of property acquired from certain decedents who died in 2010). * 
* *
* * * * *
    (i) Effective/applicability date. This section applies on and after 
January 19, 2017. For rules before January 19, 2017, see Sec.  1.1245-4 
as contained in 26 CFR part 1 revised as of April 1, 2016.

0
Par. 40. Section 1.1250-4 is amended by adding paragraphs (c)(5) and 
(h) to read as follows:


Sec.  1.1250-4  Holding period.

* * * * *
    (c) * * *
    (5) A transfer at death where the basis of the property in the 
hands of the transferee is determined under section 1022.
* * * * *
    (h) Effective/applicability date. This section applies on and after 
January 19, 2017. For rules before January 19, 2017, see Sec.  1.1250-4 
as contained in 26 CFR part 1 revised as of April 1, 2016.

0
Par. 41. Section 1.1254-2 is amended by revising the second sentence of 
paragraph (a)(1) to read as follows:

[[Page 6242]]

Sec.  1.1254-2  Exceptions and limitations.

    (a) * * *
    (1) * * * For purposes of this paragraph (a), the term gift means, 
except to the extent that paragraph (a)(2) of this section applies, a 
transfer of natural resource recapture property that, in the hands of 
the transferee, has a basis determined under the provisions of section 
1015(a) or 1015(d) (relating to basis of property acquired by gift) or 
section 1022 (relating to the basis of property acquired from certain 
decedents who died in 2010). * * *
* * * * *

0
Par. 42. Section 1.1254-3 is amended by revising paragraphs (b)(2)(ii) 
and (iii) and adding paragraph (b)(2)(iv) to read as follows:


Sec.  1.1254-3  Section 1254 costs immediately after certain 
acquisitions.

* * * * *
    (b) * * *
    (2) * * *
    (ii) A transaction described in section 1041(a);
    (iii) A disposition described in Sec.  1.1254-2(c)(3) (relating to 
certain tax-free transactions); or
    (iv) A transfer at death where basis of property in the hands of 
the transferee is determined under section 1022.
* * * * *

0
Par. 43. Section 1.1254-4 is amended by revising paragraph (e)(4) 
introductory text to read as follows:


Sec.  1.1254-4   Special rules for S corporations and their 
shareholders.

* * * * *
    (e) * * *
    (4) * * * If stock is acquired in a transfer that is a gift, in a 
transfer that is a part sale or exchange and part gift, in a transfer 
that is described in section 1041(a), or in a transfer at death where 
the basis of property in the hands of the transferee is determined 
under section 1022, the amount of section 1254 costs with respect to 
the property held by the corporation in the acquiring shareholder's 
hands immediately after the transfer is an amount equal to--
* * * * *

0
Par. 44. Section 1.1254-5 is amended by revising paragraph (c)(2)(iv) 
introductory text to read as follows:


Sec.  1.1254-5  Special rules for partnerships and their partners.

* * * * *
    (c) * * *
    (2) * * *
    (iv) * * * If an interest in a partnership is transferred in a 
transfer that is a gift, in a transfer that is a part sale or exchange 
and part gift, in a transfer that is described in section 1041(a), or 
in a transfer at death where the basis of property in the hands of the 
transferee is determined under section 1022, the amount of the 
transferee partner's section 1254 costs with respect to property held 
by the partnership immediately after the transfer is an amount equal 
to--
* * * * *

0
Par. 45. Section 1.1254-6 is revised to read as follows:


Sec.  1.1254-6  Effective/applicability date.

    (a) Sections 1.1254-1 through 1.1254-3 and 1.1254-5 are effective 
with respect to any disposition of natural resource recapture property 
occurring after March 13, 1995. The rule in Sec.  1.1254-
1(b)(2)(iv)(A)(2), relating to a nonoperating mineral interest carved 
out of an operating mineral interest with respect to which an 
expenditure has been deducted, is effective with respect to any 
disposition occurring after March 13, 1995, of property (within the 
meaning of section 614) that is placed in service by the taxpayer after 
December 31, 1986. Section 1.1254-4 applies to dispositions of natural 
resource recapture property by an S corporation (and a corporation that 
was formerly an S corporation) and dispositions of S corporation stock 
occurring on or after October 10, 1996. Sections 1.1254-2(d)(1)(ii) and 
1.1254-3(b)(1)(i), (b)(1)(ii), (d)(1)(i), and (d)(1)(ii) are effective 
for dispositions of property occurring on or after October 10, 1996.
    (b) The provisions of Sec. Sec.  1.1254-2(a)(1), 1.1254-3(b)(2), 
1.1254-4(e)(4), and 1.1254-5(c)(2)(iv) that relate to section 1022 are 
effective on and after January 19, 2017.

0
Par. 46. Section 1.1296-1 is amended by revising paragraphs (d)(4) and 
(j) to read as follows:


Sec.  1.1296-1  Mark to market election for marketable stock.

* * * * *
    (d) * * *
    (4) Stock acquired from a decedent. In the case of stock of a PFIC 
that is acquired by bequest, devise, or inheritance (or by the 
decedent's estate) and with respect to which a section 1296 election 
was in effect as of the date of the decedent's death, notwithstanding 
section 1014 or section 1022, the basis of such stock in the hands of 
the person so acquiring it shall be the adjusted basis of such stock in 
the hands of the decedent immediately before his death (or, if lesser, 
the basis that would have been determined under section 1014 or section 
1022 without regard to this paragraph (d)).
* * * * *
    (j) Effective/applicability date. The provisions in this section 
are applicable for taxable years beginning on or after May 3, 2004. The 
provisions of paragraph (d)(4) of this section relating to section 1022 
are effective on and after January 19, 2017.

0
Par. 47. Section 1.1312-7 is amended by revising paragraph (b) and 
adding paragraph (d) to read as follows:


Sec.  1.1312-7  Basis of property after erroneous treatment of a prior 
transaction.

* * * * *
    (b)(1) For this section to apply, the taxpayer with respect to whom 
the erroneous treatment occurred must be:
    (i) The taxpayer with respect to whom the determination is made; or
    (ii) A taxpayer who acquired title to the property in the 
erroneously treated transaction and from whom, mediately or 
immediately, the taxpayer with respect to whom the determination is 
made derived title in such a manner that he will have a basis 
ascertained by reference to the basis in the hands of the taxpayer who 
acquired title to the property in the erroneously treated transaction; 
or
    (iii) A taxpayer who had title to the property at the time of the 
erroneously treated transaction and from whom, mediately or 
immediately, the taxpayer with respect to whom the determination is 
made derived title, if the basis of the property in the hands of the 
taxpayer with respect to whom the determination is made is determined 
under section 1015(a) (relating to the basis of property acquired by 
gift) or section 1022 (relating to the basis of property acquired from 
certain decedents who died in 2010).
    (2) No adjustment is authorized with respect to the transferor of 
the property in a transaction upon which the basis of the property 
depends, when the determination is with respect to the original 
transferee or a subsequent transferee of the original transferee.
* * * * *
    (d) Effective/applicability date. This section applies on and after 
January 19, 2017. For rules before January 19, 2017,

[[Page 6243]]

see Sec.  1.1312-7 as contained in 26 CFR part 1 revised as of April 1, 
2016.

John Dalrymple,
Deputy Commissioner for Services and Enforcement.
    Approved: November 11, 2016.
Mark J. Mazur,
Assistant Secretary of the Treasury (Tax Policy).
[FR Doc. 2017-01365 Filed 1-18-17; 8:45 am]
 BILLING CODE 4830-01-P



                                                                   Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations                                          6235

                                                  DEPARTMENT OF THE TREASURY                              the property or the fair market value of               modification as final regulations.
                                                                                                          the property on the decedent’s date of                 However, the final regulations adopt
                                                  Internal Revenue Service                                death. Section 901(a) of EGTRRA,                       certain nonsubstantive, clarifying
                                                                                                          known as the ‘‘sunset clause’’, provided               changes. The comments received on the
                                                  26 CFR Part 1                                           that all provisions of and amendments                  proposed regulations are discussed in
                                                  [TD 9811]                                               made by EGTRRA do not apply to                         the remainder of this preamble.
                                                                                                          estates of decedents dying, gifts made,
                                                  RIN 1545–BK09                                                                                                  Summary of Comments
                                                                                                          or generation-skipping transfers after
                                                                                                          December 31, 2010. The sunset clause                      One commenter noted that the
                                                  Application of Modified Carryover                       effectively limited the application of                 proposed regulations proposed to
                                                  Basis to General Basis Rules                            sections 501(a) and 542 of EGTRRA to                   amend § 1.742–1 to provide that the
                                                  AGENCY:  Internal Revenue Service (IRS),                2010.                                                  basis of a partnership interest acquired
                                                  Treasury.                                                  Section 301(a) of TRUIRJCA, which                   from a decedent is determined under
                                                                                                          became law on December 17, 2010,                       section 1022 if the decedent died in
                                                  ACTION: Final regulations.
                                                                                                          retroactively reinstated the estate tax                2010 and the decedent’s executor made
                                                  SUMMARY:    This document contains final                and repealed section 1022 with respect                 a Section 1022 Election with respect to
                                                  regulations regarding the application of                to the estates of decedents who died in                the decedent’s estate. The commenter
                                                  the modified carryover basis rules of                   2010. However, section 301(c) of                       noted that there was no similar
                                                  section 1022 of the Internal Revenue                    TRUIRJCA allowed the executor of the                   amendment proposed to be made to
                                                  Code (Code). Specifically, the final                    estate of a decedent who died in 2010                  § 1.1367–1(j), relating to the basis of
                                                  regulations modify provisions of the                    to elect to apply the Code and                         stock of an S corporation where a
                                                  Treasury Regulations involving basis                    regulations thereunder as though                       portion of the value of the stock is
                                                  rules by including a reference to section               section 301(a) of TRUIRJCA did not                     attributable to items constituting income
                                                  1022 where appropriate. The regulations                 apply with respect to chapter 11 and                   in respect of a decedent (IRD). The
                                                  will affect property transferred from                   with respect to property acquired or                   commenter recommended that the final
                                                  certain decedents who died in 2010.                     passing from the decedent (within the                  regulations amend § 1.1367–1(j) with
                                                  The regulations reflect changes to the                  meaning of section 1014(b) of the Code).               language referencing section 1022.
                                                                                                          Thus, section 301(c) of TRUIRJCA                          After considering this comment, the
                                                  law made by the Economic Growth and
                                                                                                          allowed the executor of the estate of a                Treasury Department and the IRS have
                                                  Tax Relief Reconciliation Act of 2001
                                                                                                          decedent who died in 2010 to elect not                 determined that no change is necessary.
                                                  and the Tax Relief, Unemployment
                                                                                                          to have the provisions of chapter 11                   Section 1.1367–1(j) states, ‘‘[t]he basis
                                                  Insurance Reauthorization, and Job
                                                                                                          apply to the decedent’s estate, but rather             determined under section 1014 of any
                                                  Creation Act of 2010.
                                                                                                          to have the provisions of section 1022                 stock in an S corporation is reduced by
                                                  DATES: Effective Date: The regulations                                                                         the portion of the value of the stock that
                                                                                                          apply (a Section 1022 Election).
                                                  are effective on January 19, 2017.                         To provide executors with guidance                  is attributable to items constituting
                                                    Applicability Date: The regulations                   regarding the making of a Section 1022                 income in respect of a decedent.’’ This
                                                  are applicable on January 19, 2017.                     Election and certain other collateral                  regulation section, with its required
                                                  FOR FURTHER INFORMATION CONTACT:                        issues arising from the determination of               basis adjustment for IRD, is limited to
                                                  Mayer R. Samuels at (202) 317–6859                      basis under section 1022, on August 29,                situations in which section 1014
                                                  (not a toll-free number).                               2011, the Treasury Department and the                  applies. Section 1.1367–1(j) does not
                                                  SUPPLEMENTARY INFORMATION:                              IRS issued Notice 2011–66 (2011–35                     apply when a Section 1022 Election is
                                                                                                          IRB 184) and Revenue Procedure 2011–                   made because there is no basis
                                                  Background
                                                                                                          41 (2011–35 IRB 188). Although section                 adjustment under section 1022 to the
                                                     This document contains amendments                    1022 was applicable only to decedents                  date of death value of S corporation
                                                  to 26 CFR part 1 under various                          dying in calendar year 2010, basis                     stock. Without an adjustment to date of
                                                  provisions of the Code in response to                   determined pursuant to that section will               death value, no further adjustment to
                                                  statutory changes made by the                           continue to be relevant until all of the               the basis of S corporation stock is
                                                  Economic Growth and Tax Relief                          property whose basis is determined                     required to account for IRD. Therefore,
                                                  Reconciliation Act of 2001, Public Law                  under that section has been sold or                    the final regulations do not adopt this
                                                  107–16 (EGTRRA) and the Tax Relief,                     otherwise disposed of in a transaction in              comment.
                                                  Unemployment Insurance                                  which gain or loss is recognized.                         A commenter noted that the proposed
                                                  Reauthorization, and Job Creation Act of                Accordingly, on May 11, 2015, the                      regulations only propose amendments
                                                  2010, Public Law 111–312 (TRUIRJCA).                    Treasury Department and the IRS                        to finalized regulations, and not to
                                                     Section 501(a) of EGTRRA enacted                     published in the Federal Register (80                  proposed regulations or temporary
                                                  section 2210 of the Code, which made                    FR 26873) a notice of proposed                         regulations. That commenter
                                                  chapter 11 (the estate tax) inapplicable                rulemaking (REG–107595–11, 2015–21                     specifically requested guidance with
                                                  to the estate of any decedent who died                  IRB 986) proposing amendments to                       respect to proposed regulation § 1.465–
                                                  after 2009. Section 542 of EGTRRA also                  existing regulations under various                     69(a) (which provides that a successor
                                                  enacted section 1022. While section                     sections of the Code to take into account              to a decedent’s amount at risk in an
                                                  1014 generally provides that the                        the application of the modified                        activity is increased by the amount by
                                                  recipient’s basis in property passing                   carryover basis rules of section 1022.                 which the successor’s basis in the
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                                                  from a decedent is the fair market value                The IRS received written comments                      activity is increased under section 1014)
                                                  of the property on the decedent’s date                  responding to the notice of proposed                   and temporary regulation § 16A.1255–
                                                  of death, section 1022 sets forth a                     rulemaking. No public hearing was                      2(b)(2) (which provides that if, as of the
                                                  modified carryover basis system                         requested or held.                                     date a person acquires section 126
                                                  applicable after 2009 generally                            After consideration of the comments                 property from a decedent, the basis of
                                                  providing that the recipient’s basis in                 received on the proposed regulations,                  the property is determined under
                                                  property acquired from a decedent is the                this Treasury decision adopts the                      section 1014, then on that date the
                                                  lesser of the decedent’s adjusted basis in              proposed regulations without                           aggregate of excludable portions under


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                                                  6236             Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations

                                                  section 126 in the hands of such                        Consequently, it is unnecessary to                     paragraph (c)(3)(ii) of this section shall
                                                  transferee is zero). This Treasury                      incorporate the revenue procedure into                 decrease the transferee’s basis for
                                                  decision cannot modify provisions of                    these regulations.                                     purposes of the substantial
                                                  the proposed or temporary regulations                                                                          rehabilitation test.
                                                                                                          Special Analyses
                                                  referenced by the commenter without                                                                            *     *     *     *     *
                                                  adopting those provisions as final or                     Certain IRS regulations, including this                (g) Effective/applicability date. This
                                                  temporary regulations. The Treasury                     one, are exempt from the requirements                  section applies on and after January 19,
                                                  Department and the IRS continue to                      of Executive Order 12866, as                           2017. For rules before January 19, 2017,
                                                  study these areas, and therefore are not                supplemented and reaffirmed by                         see § 1.48–12 as contained in 26 CFR
                                                  prepared to adopt modifications to the                  Executive Order 13563. Therefore, a                    part 1 revised as of April 1, 2016.
                                                  proposed or temporary regulations                       regulatory impact assessment is not                    ■ Par. 3. Section 1.83–4 is amended by
                                                  referenced by the commenter at this                     required. The Regulatory Flexibility Act               revising the last sentence of paragraph
                                                  time. Accordingly, the final regulations                (5 U.S.C. chapter 6) does not apply to                 (b)(1) and adding paragraph (d) to read
                                                  do not adopt this comment. However,                     these final regulations because the final              as follows:
                                                  the Treasury Department and the IRS                     regulations do not impose a collection
                                                  expect that, if those proposed or                       of information requirement on small                    § 1.83–4    Special rules.
                                                  temporary regulations are adopted as                    entities. Therefore, a Regulatory                      *      *     *     *     *
                                                  final or temporary regulations in the                   Flexibility Analysis is not required.                     (b) * * *
                                                  future, such regulations will be updated                Pursuant to section 7805(f) of the Code,                  (1) * * * Such basis shall also reflect
                                                  as appropriate to account for the                       the notice of proposed rulemaking                      any adjustments to basis provided under
                                                  existence of section 1022.                              preceding this regulation has been                     sections 1015, 1016, and 1022.
                                                     Another commenter asked why the                      submitted to the Chief Counsel for                     *      *     *     *     *
                                                  preamble to the proposed regulations                    Advocacy of the Small Business                            (d) Effective/applicability date. The
                                                  omitted any discussion of the revisions                 Administration for comment on its                      provisions in this section are applicable
                                                  made to regulations under six particular                impact on small business, and no                       for taxable years beginning on or after
                                                  sections of the Code, and requested an                  comments were received.                                July 21, 1978. The provisions of
                                                  explanation as to why changes to those                                                                         paragraph (b)(1) of this section relating
                                                  regulatory provisions were considered                   Drafting Information                                   to section 1022 are effective on and after
                                                  less significant than the changes for                     The principal author of these final                  January 19, 2017.
                                                  which an explanation was given.                         regulations is Mayer R. Samuels, Office                ■ Par. 4. Section 1.179–4 is amended by
                                                  Generally, the Treasury Department and                  of the Associate Chief Counsel                         revising the first sentence of paragraph
                                                  the IRS included descriptions of the                    (Passthroughs and Special Industries).                 (c)(1)(iv) to read as follows:
                                                  proposed changes in that preamble that                  Other personnel from the Treasury
                                                  involved more than a mere insertion of                  Department and the IRS participated in                 § 1.179–4    Definitions.
                                                  a reference to section 1022 in addition                 their development.                                     *     *     *     *     *
                                                  to an existing reference to section 1014.                                                                        (c) * * *
                                                  In such cases, it was determined that an                List of Subjects in 26 CFR Part 1                        (1) * * *
                                                  explanation or clarification of the                       Income taxes, Reporting and                            (iv) The property is not acquired by
                                                  substance or effect of the proposed                     recordkeeping requirements.                            purchase if the basis of the property in
                                                  revision would be helpful. In the case of                                                                      the hands of the person acquiring it is
                                                  the proposed amendments to                              Adoption of Amendments to the                          determined in whole or in part by
                                                  regulations under the six Code sections                 Regulations                                            reference to the adjusted basis of such
                                                  mentioned by the commenter, the only                      Accordingly, 26 CFR part 1 is                        property in the hands of the person from
                                                  change proposed was the mere insertion                  amended as follows:                                    whom acquired, is determined under
                                                  of references to section 1022 in addition                                                                      section 1014(a), relating to property
                                                  to existing references to section 1014.                 PART 1—INCOME TAXES                                    acquired from a decedent, or is
                                                  Accordingly, the Treasury Department                                                                           determined under section 1022, relating
                                                                                                            Paragraph 1. The authority citation                  to property acquired from certain
                                                  and the IRS determined that no further
                                                                                                          for part 1 continues to read in part as                decedents who died in 2010. * * *
                                                  explanation of those changes was
                                                                                                          follows:
                                                  necessary.                                                                                                     *     *     *     *     *
                                                     A commenter also asked why the                           Authority: 26 U.S.C. 7805 * * *                    ■ Par. 5. Section 1.179–6 is amended
                                                  proposed regulations did not                            ■ Par. 2. Section 1.48–12 is amended by                by:
                                                  incorporate the treatment of items under                revising the last sentence of paragraph                ■ 1. Revising the section heading and
                                                  the various Code sections addressed in                  (b)(2)(vii)(B) and adding paragraph (g) to             the first sentence of paragraph (a).
                                                  Revenue Procedure 2011–41, 2011–35                      read as follows:                                       ■ 2. Adding paragraph (d).
                                                  IRB 188. That revenue procedure                                                                                  The revision and addition read as
                                                  provides a safe harbor that determines                  § 1.48–12 Qualified rehabilitated building;            follows:
                                                  the effect on the application of various                expenditures incurred after December 31,
                                                  Code sections of a Section 1022                         1981.                                                  § 1.179–6    Effective/applicability dates.
                                                  Election. The provisions relating to that               *     *    *      *    *                                 (a) * * * Except as provided in
                                                  safe harbor are available only if the                     (b) * * *                                            paragraphs (b), (c), and (d) of this
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                                                  executor of the estate makes a Section                    (2) * * *                                            section, the provisions of §§ 1.179–1
                                                  1022 Election and takes no position                       (vii) * * *                                          through 1.179–5 apply for property
                                                  contrary to a provision in that revenue                   (B) * * * If a transferee’s basis is                 placed in service by the taxpayer in
                                                  procedure. Nothing in these final                       determined under section 1014 or                       taxable years ending after January 25,
                                                  regulations changes or invalidates the                  section 1022, any expenditures incurred                1993. * * *
                                                  provisions of Revenue Procedure 2011–                   by the decedent within the measuring                   *     *     *    *     *
                                                  41, so the safe harbor will remain                      period that are treated as having been                   (d) Application of § 1.179–4(c)(1)(iv).
                                                  available to qualifying taxpayers.                      incurred by the transferee under                       The provisions of § 1.179–4(c)(1)(iv)


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                                                                    Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations                                              6237

                                                  relating to section 1022 are effective on               terminable interest acquired by gift,                  adjusted basis of such stock in the
                                                  and after January 19, 2017.                             bequest, or inheritance shall not be                   hands of the person from whom the
                                                  ■ Par. 6. Section 1.197–2 is amended by                 subject to any deduction for shrinkage                 stock is acquired, is not determined
                                                  revising paragraphs (h)(5)(i) and                       (whether called by depreciation or any                 under section 1014(a) (relating to
                                                  (h)(12)(viii) and adding paragraph (l)(5)               other name) in the value of such interest              property acquired from a decedent), or
                                                  to read as follows:                                     due to the lapse of time. In other words,              is not determined under section 1022
                                                                                                          the holder of such an interest so                      (relating to the basis of property
                                                  § 1.197–2 Amortization of goodwill and                  acquired may not set up the value of the               acquired from certain decedents who
                                                  certain other intangibles.                              expected future payments as corpus or                  died in 2010);
                                                  *      *     *     *     *                              principal and claim deduction for                      *     *     *     *     *
                                                     (h) * * *                                            shrinkage or exhaustion thereof due to                 ■ Par. 13. Section 1.336–5 is amended
                                                     (5) * * *                                            the passage of time. For the treatment                 by revising the section heading and
                                                     (i) The acquisition of a section                     generally of distributions to                          adding a sentence to the end of the
                                                  197(f)(9) intangible if the acquiring                   beneficiaries of an estate or trust, see               paragraph to read as follows:
                                                  taxpayer’s basis in the intangible is                   Subparts A, B, C, and D (section 641 and
                                                  determined under section 1014(a) or                     following), Subchapter J, Chapter 1 of                 § 1.336–5   Effective/applicability dates.
                                                  1022; or                                                the Code, and the regulations                             * * * The provisions of § 1.336–
                                                  *      *     *     *     *                              thereunder. For basis of property                      1(b)(5)(i)(A) relating to section 1022 are
                                                     (12) * * *                                           acquired from a decedent and by gifts                  effective on and after January 19, 2017.
                                                     (viii) Operating rule for transfers upon             and transfers in trust, see sections 1014,             ■ Par. 14. Section 1.355–6 is amended
                                                  death. For purposes of this paragraph                   1015, and 1022, and the regulations                    by revising paragraphs (d)(1)(i)(A)(2)
                                                  (h)(12), if the basis of a partner’s interest           thereunder.                                            and (g) to read as follows:
                                                  in a partnership is determined under                       (b) Effective/applicability date. The
                                                  section 1014(a) or 1022, such partner is                provisions in this section are applicable              § 1.355–6 Recognition of gain on certain
                                                  treated as acquiring such interest from                 for taxable years beginning on or after                distributions of stock or securities in
                                                  a person who is not related to such                     September 16, 1958. The provisions of                  controlled corporation.
                                                  partner, and such interest is treated as                this section relating to section 1022 are              *     *     *      *     *
                                                  having previously been held by a person                 effective on and after January 19, 2017.                 (d) * * *
                                                  who is not related to such partner.                     ■ Par. 10. Section 1.306–3 is amended                    (1) * * *
                                                                                                          by removing the last sentence of                         (i) * * *
                                                  *      *     *     *     *
                                                                                                          paragraph (e) and adding two sentences                   (A) * * *
                                                     (l) * * *                                                                                                     (2) Under section 1014(a) or 1022; and
                                                     (5) Application of section 1022. The                 in its place to read as follows:
                                                  provisions of § 1.197–2(h)(5)(i) and                                                                           *     *     *      *     *
                                                                                                          § 1.306–3    Section 306 stock defined.                  (g) Effective/applicability dates. This
                                                  (h)(12)(viii) relating to section 1022 are
                                                  effective on and after January 19, 2017.                *      *    *     *      *                             section applies to distributions
                                                                                                             (e) * * * Section 306 stock ceases to               occurring after December 20, 2000,
                                                  ■ Par. 7. Section 1.267(d)–1 is amended
                                                                                                          be so classified if the basis of such stock            except that they do not apply to any
                                                  by revising paragraph (a)(3) to read as                 is determined by reference to its fair                 distributions occurring pursuant to a
                                                  follows:                                                market value on the date of the                        written agreement that is (subject to
                                                  § 1.267(d)–1 Amount of gain where loss                  decedent-stockholder’s death under                     customary conditions) binding on
                                                  previously disallowed.                                  section 1014 or the optional valuation                 December 20, 2000, and at all later
                                                     (a) * * *                                            date under section 2032. Section 306                   times. The provisions of paragraph
                                                     (3) The benefit of the general rule is               stock continues to be so classified if the             (d)(1)(i)(A)(2) of this section relating to
                                                  available only to the original transferee               basis of such stock is determined under                section 1022 are effective on and after
                                                  but does not apply to any original                      section 1022.                                          January 19, 2017.
                                                  transferee (for example, a donee or a                   *      *    *     *      *                             ■ Par. 15. Section 1.382–1 is amended
                                                  person acquiring property from a                        ■ Par. 11. Section 1.306–4 is added to                 by revising the entry for § 1.382–9(d)(6)
                                                  decedent where the basis of property is                 read as follows:                                       to read as follows:
                                                  determined under section 1014 or 1022)
                                                                                                          § 1.306–4    Effective/applicability date.             § 1.382–9 Special rules under section 382
                                                  who acquired the property in any                                                                               for corporations under the jurisdiction of a
                                                  manner other than by purchase or                          The provisions of §§ 1.306–1 through
                                                                                                                                                                 court in a title 11 or similar case.
                                                  exchange.                                               1.306–3 are applicable on or after June
                                                                                                          22, 1954. The provisions of § 1.306–3                  *     *      *     *     *
                                                  *      *    *     *     *                                                                                        (d) * * *
                                                                                                          relating to section 1022 are effective on
                                                  ■ Par. 8. Section 1.267(d)–2 is amended
                                                                                                          and after January 19, 2017.                              (6) Effective/applicability date.
                                                  by revising the section heading and                                                                            *     *      *     *     *
                                                                                                          ■ Par. 12. Section 1.336–1 is amended
                                                  adding a sentence to the end of the                                                                            ■ Par. 16. Section 1.382–9 is amended
                                                                                                          by revising paragraph (b)(5)(i)(A) to read
                                                  paragraph to read as follows:                                                                                  by revising paragraphs (d)(5)(ii)(D) and
                                                                                                          as follows:
                                                  § 1.267(d)–2     Effective/applicability dates.                                                                (d)(6)(i) to read as follows:
                                                                                                          § 1.336–1 General principles,
                                                     * * * The provisions of § 1.267(d)–                  nomenclature, and definitions for a section            § 1.382–9 Special rules under section 382
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                                                  1(a)(3) relating to section 1022 are                    336(e) election.                                       for corporations under the jurisdiction of a
                                                  effective on and after January 19, 2017.                *     *     *    *     *                               court in a title 11 or similar case.
                                                  ■ Par. 9. Section 1.273–1 is revised to                   (b) * * *                                            *      *   *     *     *
                                                  read as follows:                                          (5) * * *                                              (d) * * *
                                                                                                            (i) * * *                                              (5) * * *
                                                  § 1.273–1   Life or terminable interests.                 (A) The basis of the stock in the hands                (ii) * * *
                                                    (a) In general. Amounts paid as                       of the purchaser is not determined in                    (D) The transferee’s basis in the
                                                  income to the holder of a life or a                     whole or in part by reference to the                   indebtedness is determined under


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                                                  6238             Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations

                                                  section 1014, 1015, or 1022 or with                     1014(c) (or section 1022(f), if applicable)               (c) * * *
                                                  reference to the transferor’s basis in the              apply.                                                    (2) Dispositions at death. Paragraph
                                                  indebtedness;                                           *     *      *    *     *                              (a) of this section does not apply to a
                                                  *      *     *    *     *                                 (f) Effective/applicability date. * * *              disposition if the basis of the property
                                                     (6) Effective/applicability date—(i) In              *     *      *    *     *                              in the hands of the transferee is
                                                  general. This paragraph (d) applies to                    (3) Application of section 1022. The                 determined under section 1014(a) or
                                                  ownership changes occurring on or after                 provisions of paragraph (c) of this                    section 1022. However, see paragraph
                                                  March 17, 1994. The provisions of                       section relating to section 1022 are                   (c)(4) of this section for dispositions of
                                                  paragraph (d)(5)(ii)(D) of this section                 effective on and after January 19, 2017.               property subject to section 1022 by
                                                  relating to section 1022 are effective on                                                                      transferees. This paragraph (c)(2) does
                                                                                                          ■ Par. 18. Section 1.423–2 is amended
                                                  and after January 19, 2017.                                                                                    not apply to property that constitutes a
                                                                                                          by:                                                    right to receive an item of income in
                                                  *      *     *    *     *                               ■ 1. Revising the third sentence of
                                                                                                                                                                 respect of a decedent. See sections 691,
                                                  ■ Par. 17. Section 1.421–2 is amended                   paragraph (k)(2).
                                                                                                                                                                 1014(c), and 1022(f).
                                                  by:                                                     ■ 2. Adding a sentence to the end of
                                                  ■ 1. Revising paragraphs (c)(4)(i)(a) and               paragraph (l).                                         *      *     *     *     *
                                                  (c)(4)(ii).                                               The revision and addition read as                       (4) * * * If the recapture amount
                                                  ■ 2. Revising the heading of paragraph                  follows:                                               with respect to a disposition of property
                                                  (f) and adding paragraph (f)(3).                                                                               (the first disposition) is limited under
                                                     The revisions and addition read as                   § 1.423–2    Employee stock purchase plan              paragraph (c)(1) or (c)(3) of this section,
                                                  follows:                                                defined.                                               or under paragraph (c)(2) of this section
                                                                                                          *      *     *     *    *                              because the basis of the property in the
                                                  § 1.421–2   General rules.                                 (k) * * *                                           hands of the transferee is determined
                                                  *       *      *    *     *                                (2) * * * If the special rules provided             under section 1022, and the transferee
                                                     (c) * * *                                            in this paragraph (k) are applicable to a              subsequently disposes of the property in
                                                     (4)(i)(a) In the case of the death of an             share of stock upon the death of an                    a transaction to which paragraph (a) of
                                                  optionee, the basis of any share of stock               employee, then the basis of the share in               this section applies, the prior
                                                  acquired by the exercise of an option                   the hands of the estate or the person                  understated inclusion determined under
                                                  under this paragraph (c), determined                    receiving the stock by bequest or                      paragraph (b)(2) of this section is
                                                  under section 1011, shall be increased                  inheritance shall be determined under                  computed by taking into account the
                                                  by an amount equal to the portion of the                section 1014 or under section 1022, if                 amounts attributable to the period of the
                                                  basis of the option attributable to such                applicable, and shall not be increased                 transferor’s ownership of the property
                                                  share. For example, if a statutory option               by reason of the inclusion upon the                    prior to the first disposition. * * *
                                                  to acquire 10 shares of stock has a basis               decedent’s death of any amount in the                  *      *     *     *     *
                                                  of $100, the basis of one share acquired                decedent’s gross income under this                     ■ Par. 21. Section 1.467–9 is amended
                                                  by a partial exercise of the option,                    paragraph (k). * * *                                   by revising the section heading and
                                                  determined under section 1011, would                    *      *     *     *    *                              adding paragraph (f) to read as follows:
                                                  be increased by 1/10th of $100, or $10.                    (l) * * * The provisions of this
                                                  The option acquires a basis, determined                 section relating to section 1022 are                   § 1.467–9 Effective/applicability dates and
                                                  under section 1014(a) or under section                  effective on and after January 19, 2017.               automatic method changes for certain
                                                  1022, if applicable, only if the transfer                                                                      agreements.
                                                                                                          ■ Par. 19. Section 1.424–1 is amended
                                                  of the share pursuant to the exercise of                                                                       *     *     *     *    *
                                                                                                          by revising the last sentence of
                                                  such option qualifies for the special tax                                                                        (f) Application of section 1022. The
                                                                                                          paragraph (c)(2) and adding paragraph
                                                  treatment provided by section 421(a). To                                                                       provisions of § 1.467–7(c)(2) and (4)
                                                                                                          (g)(3) to read as follows:
                                                  the extent the option is so exercised, in                                                                      relating to section 1022 are effective on
                                                  whole or in part, it will acquire a basis               § 1.424–1 Definitions and special rules                and after January 19, 2017.
                                                  equal to its fair market value (or the                  applicable to statutory options.                       ■ Par. 22. Section 1.617–3 is amended
                                                  basis as determined under section 1022,                 *     *     *     *     *                              by revising paragraph (d)(5)(ii)(b) to
                                                  if applicable) at the date of the                         (c) * * *                                            read as follows:
                                                  employee’s death or, if an election is                    (2) * * * For determination of basis
                                                  made under section 2032, its value at its               in the hands of the survivor where joint               § 1.617–3 Recapture of exploration
                                                  applicable valuation date. In certain                   ownership is terminated by the death of                expenditures.
                                                  cases, the basis of the share is subject to             one of the owners, see section 1014 or                 *       *   *      *    *
                                                  the adjustments provided by paragraphs                  section 1022, if applicable.                              (d) * * *
                                                  (c)(4)(i)(b) and (c) of this section, but               *     *     *     *     *                                 (5) * * *
                                                  such adjustments are only applicable in                   (g) * * *                                               (ii) * * *
                                                  the case of an option that is subject to                  (3) Application of section 1022. The                    (b) The transactions referred to in
                                                  section 423(c).                                         provisions of paragraph (c)(2) of this                 paragraph (d)(5)(ii)(a) of this section are:
                                                  *       *      *    *     *                             section relating to section 1022 are                      (1) A disposition that is in part a sale
                                                     (ii) If a statutory option is not                    effective on and after January 19, 2017.               or exchange and in part a gift;
                                                  exercised by the estate of the individual                                                                         (2) A disposition that is described in
                                                                                                          ■ Par. 20. Section 1.467–7 is amended
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                                                  to whom the option was granted, or by                                                                          section 617(d) through the incorporation
                                                                                                          by revising paragraph (c)(2) and revising              by reference of the provisions of section
                                                  the person who acquired such option by                  the first sentence of paragraph (c)(4) to
                                                  bequest or inheritance or by reason of                                                                         1245(b)(3) (relating to certain tax free
                                                                                                          read as follows:                                       transactions); or
                                                  the death of such individual, the option
                                                  shall be considered to be property that                 § 1.467–7 Section 467 recapture and other                 (3) A transfer at death where basis of
                                                  constitutes a right to receive an item of               rules relating to dispositions and                     property in the hands of the transferee
                                                  income in respect of a decedent to                      modifications.                                         is determined under section 1022.
                                                  which the rules of sections 691 and                     *      *      *       *      *                         *       *   *      *    *


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                                                                   Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations                                              6239

                                                  ■ Par. 23. Section 1.617–4 is amended                   § 1.684–5    Effective/applicability dates.            the adjustments provided in section
                                                  by revising the second sentence of                        (a) Sections 1.684–1 through 1.684–4                 705.
                                                  paragraph (c)(1)(i) to read as follows:                 apply to transfers of property to foreign                (b) Effective/applicability date. This
                                                                                                          trusts and foreign estates after August 7,             section applies on and after January 19,
                                                  § 1.617–4 Treatment of gain from                                                                               2017. For rules before January 19, 2017,
                                                  disposition of certain mining property.
                                                                                                          2000, except as provided in paragraph
                                                                                                          (b) of this section.                                   see § 1.742–1 as contained in 26 CFR
                                                  *      *      *     *     *                               (b) In the case a U.S. transferor                    part 1 revised as of April 1, 2016.
                                                     (c) * * *                                            decedent dying in 2010, § 1.684–3(c)                   ■ Par. 29. Section 1.743–1 is amended
                                                     (1)(i) * * * For purposes of this                    applies to transfers of property to                    by revising paragraphs (k)(2)(ii) and (l)
                                                  paragraph (c), the term gift means,                     foreign trusts, foreign estates, and                   to read as follows:
                                                  except to the extent that paragraph                     nonresident aliens after December 31,
                                                                                                                                                                 § 1.743–1 Optional adjustment to basis of
                                                  (c)(1)(ii) of this section applies, a                   2009, and before January 1, 2011.
                                                                                                                                                                 partnership property.
                                                  transfer of mining property that, in the                ■ Par. 27. Section 1.691(a)–3 is
                                                  hands of the transferee, has a basis                                                                           *       *     *    *     *
                                                                                                          amended by revising the last two                          (k) * * *
                                                  determined under the provisions of                      sentences of paragraph (a) and adding                     (2) * * *
                                                  section 1015(a) or 1015(d) (relating to                 paragraph (c) to read as follows:                         (ii) Special rule. A transferee that
                                                  basis of property acquired by gift) or                                                                         acquires, on the death of a partner, an
                                                  section 1022 (relating to the basis of                  § 1.691(a)–3      Character of gross income.
                                                                                                                                                                 interest in a partnership with an
                                                  property acquired from certain                            (a) * * * The provisions of section                  election under section 754 in effect for
                                                  decedents who died in 2010). * * *                      1014(a), relating to the basis of property             the taxable year of the transfer, must
                                                  *      *      *     *     *                             acquired from a decedent, and section                  notify the partnership, in writing,
                                                                                                          1022, relating to the basis of property                within one year of the death of the
                                                  ■ Par. 24. Section 1.617–5 is added to                  acquired from certain decedents who
                                                  read as follows:                                                                                               deceased partner. The written notice to
                                                                                                          died in 2010, do not apply to these                    the partnership must be signed under
                                                  § 1.617–5   Effective/applicability date.               amounts in the hands of the estate and                 penalties of perjury and must include
                                                                                                          such persons. See sections 1014(c) and                 the names and addresses of the
                                                    Sections 1.617–3 and 1.617–4 apply                    1022(f).
                                                  on and after January 19, 2017. For rules                                                                       deceased partner and the transferee, the
                                                                                                          *     *     *     *     *                              taxpayer identification numbers of the
                                                  before January 19, 2017, see §§ 1.617–3                   (c) Effective/applicability dates. The
                                                  and 1.617–4 as contained in 26 CFR part                                                                        deceased partner and the transferee, the
                                                                                                          last two sentences of paragraph (a) of                 relationship (if any) between the
                                                  1 revised as of April 1, 2016.                          this section apply on and after January                transferee and the transferor, the
                                                  ■ Par. 25. Section 1.684–3 is amended                   19, 2017. For rules before January 19,                 deceased partner’s date of death, the
                                                  by revising paragraph (c) to read as                    2017, see § 1.691(a)–3 as contained in 26              date on which the transferee became the
                                                  follows:                                                CFR part 1 revised as of April 1, 2016.                owner of the partnership interest, the
                                                                                                          ■ Par. 28. Section 1.742–1 is revised to               fair market value of the partnership
                                                  § 1.684–3 Exceptions to general rule of
                                                  gain recognition.                                       read as follows:                                       interest on the applicable date of
                                                                                                                                                                 valuation set forth in section 1014 or
                                                  *      *     *    *      *                              § 1.742–1    Basis of transferee partner’s
                                                                                                                                                                 section 1022, the manner in which the
                                                     (c) Certain transfers at death—(1)                   interest.
                                                                                                                                                                 fair market value of the partnership
                                                  Section 1014 basis. The general rule of                    (a) In general. The basis to a transferee           interest was determined, and the
                                                  gain recognition under § 1.684–1 shall                  partner of an interest in a partnership                carryover basis as adjusted under
                                                  not apply to any transfer of property to                shall be determined under the general                  section 1022 (if applicable).
                                                  a foreign trust or foreign estate or, in the            basis rules for property provided by part
                                                                                                                                                                 *       *     *    *     *
                                                  case of a transfer of property by a U.S.                II (section 1011 and following),
                                                                                                                                                                    (l) Effective/applicability date. The
                                                  transferor decedent dying in 2010, to a                 Subchapter O, Chapter 1 of the Internal
                                                                                                                                                                 provisions in this section apply to
                                                  foreign trust, foreign estate, or a                     Revenue Code. Thus, the basis of a
                                                                                                                                                                 transfers of partnership interests that
                                                  nonresident alien, by reason of death of                purchased interest will be its cost.
                                                                                                                                                                 occur on or after December 15, 1999.
                                                  the U.S. transferor, if the basis of the                Generally, the basis of a partnership
                                                                                                                                                                 The provisions of this section relating to
                                                  property in the hands of the transferee                 interest acquired from a decedent is the
                                                                                                                                                                 section 1022 are effective on and after
                                                  is determined under section 1014(a).                    fair market value of the interest at the
                                                                                                                                                                 January 19, 2017.
                                                     (2) Section 1022 basis election. For                 date of his death or at the alternate
                                                                                                                                                                 ■ Par. 30. Section 1.755–1 is amended
                                                  U.S. transferor decedents dying in 2010,                valuation date, increased by his estate’s
                                                                                                          or other successor’s share of partnership              by:
                                                  the general rule of gain recognition                                                                           ■ 1. Revising paragraphs (a)(4)(i)(C) and
                                                  under § 1.684–1 shall apply to any                      liabilities, if any, on that date, and
                                                                                                          reduced to the extent that such value is               the first sentence of (b)(4)(i).
                                                  transfer of property by reason of death                                                                        ■ 2. Revising the heading of paragraph
                                                  of the U.S. transferor if the basis of the              attributable to items constituting income
                                                                                                                                                                 (e) and paragraph (e)(2).
                                                  property in the hands of the foreign                    in respect of a decedent (see section 753                 The revisions read as follows:
                                                  trust, foreign estate, or the nonresident               and §§ 1.706–1(c)(3)(v) and 1.753–1(b))
                                                  alien individual is determined under                    under section 691. See section 1014(c).                § 1.755–1   Rules for allocation of basis.
                                                  section 1022. The gain on the transfer                  However, the basis of a partnership                      (a) * * *
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                                                  shall be calculated as set out under                    interest acquired from a decedent is                     (4) * * *
                                                  § 1.684–1(a), except that adjusted basis                determined under section 1022 if the                     (i) * * *
                                                  will reflect any increases allocated to                 decedent died in 2010 and the                            (C) Income in respect of a decedent.
                                                  such property under section 1022.                       decedent’s executor elected to have                    Solely for the purpose of determining
                                                                                                          section 1022 apply to the decedent’s                   partnership gross value under this
                                                  *      *     *    *      *                              estate. For basis of contributing                      paragraph (a)(4)(i), where a partnership
                                                  ■ Par. 26. Section 1.684–5 is revised to                partner’s interest, see section 722. The               interest is transferred as a result of the
                                                  read as follows:                                        basis so determined is then subject to                 death of a partner, the transferee’s basis


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                                                  6240               Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations

                                                  in its partnership interest is determined                 upon the sale or other disposition of a                adjusted uniform basis of the entire
                                                  without regard to section 1014(c) or                      term interest in property the adjusted                 property.
                                                  section 1022(f), and is deemed to be                      basis (or a portion) of which is                       *      *      *    *    *
                                                  adjusted for that portion of the interest,                determined pursuant, or by reference, to                  (i) Effective/applicability date. Except
                                                  if any, that is attributable to items                     section 1014 (relating to the basis of                 as provided in paragraphs (g) and (h) of
                                                  representing income in respect of a                       property acquired from a decedent),                    this section, this section applies on and
                                                  decedent under section 691.                               section 1015 (relating to the basis of                 after January 19, 2017. For rules before
                                                  *      *     *      *     *                               property acquired by gift or by a transfer             January 19, 2017, see § 1.1001–1 as
                                                     (b) * * *                                              in trust), or section 1022 (relating to the            contained in 26 CFR part 1 revised as of
                                                     (4) * * *                                              basis of property acquired from certain                April 1, 2016.
                                                     (i) * * * Where a partnership interest                 decedents who died in 2010).
                                                  is transferred as a result of the death of                *       *     *     *     *                            ■ Par. 33. Section 1.1014–1 is amended
                                                  a partner, under section 1014(c) or                          (f) * * *                                           by revising paragraph (a) and adding
                                                  section 1022(f), the transferee’s basis in                   (1) General rule. Except as otherwise               paragraph (d) to read as follows:
                                                  its partnership interest is not adjusted                  provided in paragraph (f)(3) of this                   § 1.1014–1 Basis of property acquired
                                                  for that portion of the interest, if any,                 section, for purposes of determining                   from a decedent.
                                                  that is attributable to items representing                gain or loss from the sale or other
                                                  income in respect of a decedent under                     disposition after October 9, 1969, of a                   (a) General rule. The purpose of
                                                  section 691. * * *                                        term interest in property (as defined in               section 1014 is, in general, to provide a
                                                                                                            paragraph (f)(2) of this section), a                   basis for property acquired from a
                                                  *      *     *      *     *
                                                                                                            taxpayer shall not take into account that              decedent that is equal to the value
                                                     (e) Effective/applicability dates. * * *
                                                                                                            portion of the adjusted basis of such                  placed upon such property for purposes
                                                     (2) Special rules. Paragraphs (a) and
                                                                                                            interest that is determined pursuant, or               of the federal estate tax. Accordingly,
                                                  (b)(3)(iii) of this section apply to
                                                                                                            by reference, to section 1014 (relating to             the general rule is that the basis of
                                                  transfers of partnership interests and
                                                                                                            the basis of property acquired from a                  property acquired from a decedent is the
                                                  distributions of property from a
                                                                                                            decedent), section 1015 (relating to the               fair market value of such property at the
                                                  partnership that occur on or after June
                                                                                                            basis of property acquired by gift or by               date of the decedent’s death, or, if the
                                                  9, 2003. The provisions of paragraphs
                                                                                                            a transfer in trust), or section 1022                  decedent’s executor so elects, at the
                                                  (a)(4)(i)(C) and (b)(4)(i) of this section
                                                                                                            (relating to the basis of property                     alternate valuation date prescribed in
                                                  relating to section 1022 are effective on
                                                                                                            acquired from certain decedents who                    section 2032, or in section 811(j) of the
                                                  and after the date January 19, 2017.
                                                                                                            died in 2010) to the extent that such                  Internal Revenue Code (Code) of 1939.
                                                  ■ Par. 31. Section 1.995–4 is amended
                                                                                                            adjusted basis is a portion of the                     However, the basis of property acquired
                                                  by revising the first sentence of                                                                                from certain decedents who died in
                                                  paragraph (d)(2) and adding paragraph                     adjusted uniform basis of the entire
                                                                                                            property (as defined in § 1.1014–5).                   2010 is determined under section 1022,
                                                  (f) to read as follows:                                                                                          if the decedent’s executor made an
                                                                                                            Where a term interest in property is
                                                  § 1.995–4    Gain on disposition of stock in              transferred to a corporation in                        election under section 301(c) of the Tax
                                                  a DISC.                                                   connection with a transaction to which                 Relief, Unemployment Insurance
                                                  *     *      *    *    *                                  section 351 applies and the adjusted                   Reauthorization, and Job Creation Act of
                                                    (d) * * *                                               basis of the term interest:                            2010, Public Law 111–312 (124 Stat.
                                                    (2) * * * For purposes of this section,                    (i) Is determined pursuant to sections              3296, 3300 (2010)). See section 1022.
                                                  the period during which a shareholder                     1014, 1015, or 1022; and                               Property acquired from a decedent
                                                  has held stock includes the period he is                     (ii) Is also a portion of the adjusted              includes, principally, property acquired
                                                  considered to have held it by reason of                   uniform basis of the entire property, a                by bequest, devise, or inheritance, and,
                                                  the application of section 1223 and, if                   subsequent sale or other disposition of                in the case of decedents dying after
                                                  his basis is determined in whole or in                    such term interest by the corporation                  December 31, 1953, property required to
                                                  part under the provisions of section                      will be subject to the provisions of                   be included in determining the value of
                                                  1014(d) (relating to special rule for DISC                section 1001(e) and this paragraph (f) to              the decedent’s gross estate under any
                                                  stock acquired from decedent) or section                  the extent that the basis of the term                  provision of the Code of 1954 or the
                                                  1022 (relating to property acquired from                  interest so sold or otherwise disposed of              Code of 1939. The general rule
                                                  certain decedents who died in 2010),                      is determined by reference to its basis in             governing basis of property acquired
                                                  the holding period of the decedent.                       the hands of the transferor as provided                from a decedent, as well as other rules
                                                  * * *                                                     by section 362(a). See paragraph (f)(2) of             prescribed elsewhere in this section,
                                                                                                            this section for rules relating to the                 shall have no application if the property
                                                  *     *      *    *    *
                                                                                                            characterization of stock received by the              is sold, exchanged, or otherwise
                                                    (f) Effective/applicability date. This
                                                                                                            transferor of a term interest in property              disposed of before the decedent’s death
                                                  section applies on and after January 19,
                                                                                                            in connection with a transaction to                    by the person who acquired the
                                                  2017. For rules before January 19, 2017,
                                                                                                            which section 351 applies. That portion                property from the decedent. For general
                                                  see § 1.995–4 as contained in 26 CFR
                                                                                                            of the adjusted uniform basis of the                   rules on the applicable valuation date
                                                  part 1 revised as of April 1, 2016.
                                                                                                            entire property that is assignable to such             where the executor of a decedent’s
                                                  ■ Par. 32. Section 1.1001–1 is amended
                                                                                                            interest at the time of its sale or other              estate elects under section 2032, or
                                                  by revising the last sentence of                                                                                 under section 811(j) of the Code of 1939,
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                                                  paragraph (a), revising paragraph (f)(1),                 disposition shall be determined under
                                                                                                            the rules provided in § 1.1014–5. Thus,                to value the decedent’s gross estate at
                                                  and adding paragraph (i) to read as                                                                              the alternate valuation date prescribed
                                                  follows:                                                  gain or loss realized from a sale or other
                                                                                                            disposition of a term interest in property             in such sections, see § 1.1014–3(e).
                                                  § 1.1001–1       Computation of gain or loss.             shall be determined by comparing the                   *      *     *    *     *
                                                    (a) * * * Section 1001(e) and                           amount of the proceeds of such sale                       (d) Effective/applicability date. This
                                                  paragraph (f) of this section prescribe                   with that part of the adjusted basis of                section applies on and after January 19,
                                                  the method of computing gain or loss                      such interest that is not a portion of the             2017. For rules before January 19, 2017,


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                                                                     Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations                                            6241

                                                  see § 1.1014–1 as contained in 26 CFR                     paragraph (b) and adding paragraph (l)                 owner, or if the taxpayer’s basis for the
                                                  part 1 revised as of April 1, 2016.                       to read as follows:                                    property is determined by reference to
                                                  ■ Par. 34. Section 1.1014–4 is amended                                                                           the basis of other property that in the
                                                                                                            § 1.1223–1 Determination of period for                 hands of the taxpayer was property of a
                                                  by revising the first sentence of                         which capital assets are held.
                                                  paragraph (a)(1), revising the second                                                                            character subject to the allowance for
                                                                                                            *      *      *    *    *                              depreciation, or if the taxpayer’s basis
                                                  sentence of paragraph (a)(2), and adding
                                                                                                               (b) * * * Similarly, the period for                 for the property is determined under
                                                  paragraph (d) to read as follows:
                                                                                                            which property acquired from a                         section 1022 and such property was of
                                                  § 1.1014–4       Uniformity of basis; adjustment          decedent who died in 2010 was held by                  a character subject to the allowance for
                                                  to basis.                                                 the decedent must be included in                       depreciation in the hands of the
                                                     (a) * * *                                              determining the period during which                    decedent. Thus, for example, if a father
                                                     (1) The basis of property acquired                     the property was held by the recipient,                uses an automobile in his trade or
                                                  from a decedent, as determined under                      if the recipient’s basis in the property is            business during a period after December
                                                  section 1014(a) or section 1022, is                       determined under section 1022.                         31, 1961, and then gives the automobile
                                                  uniform in the hands of every person                      *      *      *    *    *                              to his son as a gift for the son’s personal
                                                  having possession or enjoyment of the                        (l) Effective/applicability date. This              use, the automobile is section 1245
                                                  property at any time under the will or                    section applies January 19, 2017. For                  property in the hands of the son.
                                                  other instrument or under the laws of                     rules before January 19, 2017, see                     *      *     *     *     *
                                                  descent and distribution. * * *                           § 1.1223–1 as contained in 26 CFR part                    (d) Effective/applicability date. This
                                                     (2) * * * Accordingly, there is a                      1 revised as of April 1, 2016.                         section applies on and after January 19,
                                                  common acquisition date for all titles to                 ■ Par. 37. Section 1.1245–2 is amended                 2017. For rules before January 19, 2017,
                                                  property acquired from a decedent                         by revising paragraph (c)(2)(ii) and                   see § 1.1245–3 as contained in 26 CFR
                                                  within the meaning of section 1014 or                     adding paragraph (d) to read as follows:               part 1 revised as of April 1, 2016.
                                                  section 1022, and, for this reason, a                                                                            ■ Par. 39. Section 1.1245–4 is amended
                                                  common or uniform basis for all such                      § 1.1245–2    Definition of recomputed basis.
                                                                                                            *       *    *    *     *                              by revising the second sentence of
                                                  interests. * * *                                                                                                 paragraph (a)(1) and adding paragraph
                                                  *      *     *    *     *                                    (c) * * *
                                                                                                               (2) * * *                                           (i) to read as follows:
                                                     (d) Effective/applicability date. This
                                                                                                               (ii) The transactions referred to in                § 1.1245–4   Exceptions and Limitations.
                                                  section applies on and after January 19,
                                                                                                            paragraph (c)(2)(i) of this section are:
                                                  2017. For rules before January 19, 2017,                                                                            (a) * * *
                                                                                                               (A) A disposition that is in part a sale
                                                  see § 1.1014–4 as contained in 26 CFR                                                                               (1) * * * For purposes of this
                                                                                                            or exchange and in part a gift (see
                                                  part 1 revised as of April 1, 2016.                                                                              paragraph (a), the term gift means,
                                                                                                            § 1.1245–4(a)(3));
                                                  ■ Par. 35. Section 1.1014–5 is amended                                                                           except to the extent that paragraph (a)(3)
                                                                                                               (B) A disposition (other than a
                                                  by revising paragraph (b) to read as                                                                             of this section applies, a transfer of
                                                                                                            disposition to which section
                                                  follows:                                                                                                         property that, in the hands of the
                                                                                                            1245(b)(6)(A) applies) that is described
                                                                                                                                                                   transferee, has a basis determined under
                                                  § 1.1014–5       Gain or loss.
                                                                                                            in section 1245(b)(3) (relating to certain
                                                                                                                                                                   the provisions of section 1015(a) or
                                                                                                            tax-free transactions);
                                                  *      *     *    *      *                                   (C) An exchange described in                        1015(d) (relating to basis of property
                                                     (b) Sale or other disposition of certain               § 1.1245–4(e)(2) (relating to transfers                acquired by gifts) or section 1022
                                                  term interests—(1) In general. In                         described in section 1081(d)(1)(A)); or                (relating to basis of property acquired
                                                  determining gain or loss from the sale or                    (D) A transfer at death where the basis             from certain decedents who died in
                                                  other disposition after October 9, 1969,                  of property in the hands of the                        2010). * * *
                                                  of a term interest in property (as defined                transferee is determined under section                 *      *      *    *    *
                                                  in § 1.1001–1(f)(2)) the adjusted basis of                1022.                                                     (i) Effective/applicability date. This
                                                  which is determined pursuant, or by                                                                              section applies on and after January 19,
                                                                                                            *       *    *    *     *
                                                  reference, to section 1014 (relating to                      (d) Effective/applicability date. This              2017. For rules before January 19, 2017,
                                                  the basis of property acquired from a                     section applies on and after January 19,               see § 1.1245–4 as contained in 26 CFR
                                                  decedent), section 1015 (relating to the                  2017. For rules before January 19, 2017,               part 1 revised as of April 1, 2016.
                                                  basis of property acquired by gift or by                  see § 1.1245–2 as contained in 26 CFR                  ■ Par. 40. Section 1.1250–4 is amended
                                                  a transfer in trust), or section 1022                     part 1 revised as of April 1, 2016.                    by adding paragraphs (c)(5) and (h) to
                                                  (relating to the basis of property                                                                               read as follows:
                                                                                                            ■ Par. 38. Section 1.1245–3 is amended
                                                  acquired from certain decedents who
                                                  died in 2010), that part of the adjusted                  by revising paragraph (a)(3) and adding                § 1.1250–4   Holding period.
                                                  uniform basis assignable under the rules                  paragraph (d) to read as follows:                      *      *     *     *    *
                                                  of paragraph (a) of this section to the                   § 1.1245–3    Definition of section 1245                  (c) * * *
                                                  interest sold or otherwise disposed of                    property.                                                 (5) A transfer at death where the basis
                                                  shall be disregarded to the extent and in                   (a) * * *                                            of the property in the hands of the
                                                  the manner provided by section 1001(e)                      (3) Even though property may not be                  transferee is determined under section
                                                  and § 1.1001–1(f).                                        of a character subject to the allowance                1022.
                                                     (2) Effective/applicability date. The                  for depreciation in the hands of the                   *      *     *     *    *
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                                                  provisions of paragraph (b)(1) of this                    taxpayer, such property may                               (h) Effective/applicability date. This
                                                  section relating to section 1022 are                      nevertheless be section 1245 property if               section applies on and after January 19,
                                                  effective on and after January 19, 2017.                  the taxpayer’s basis for the property is               2017. For rules before January 19, 2017,
                                                  For rules before January 19, 2017, see                    determined by reference to its basis in                see § 1.1250–4 as contained in 26 CFR
                                                  § 1.1014–5 as contained in 26 CFR part                    the hands of a prior owner of the                      part 1 revised as of April 1, 2016.
                                                  1 revised as of April 1, 2016.                            property and such property was of a                    ■ Par. 41. Section 1.1254–2 is amended
                                                  ■ Par. 36. Section 1.1223–1 is amended                    character subject to the allowance for                 by revising the second sentence of
                                                  by adding a sentence to the end of                        depreciation in the hands of such prior                paragraph (a)(1) to read as follows:


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                                                  6242               Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations

                                                  § 1.1254–2       Exceptions and limitations.              transfer that is described in section                  section 1014 or section 1022 without
                                                    (a) * * *                                               1041(a), or in a transfer at death where               regard to this paragraph (d)).
                                                    (1) * * * For purposes of this                          the basis of property in the hands of the              *      *     *    *    *
                                                  paragraph (a), the term gift means,                       transferee is determined under section
                                                  except to the extent that paragraph (a)(2)                1022, the amount of the transferee                       (j) Effective/applicability date. The
                                                  of this section applies, a transfer of                    partner’s section 1254 costs with respect              provisions in this section are applicable
                                                  natural resource recapture property that,                 to property held by the partnership                    for taxable years beginning on or after
                                                  in the hands of the transferee, has a                     immediately after the transfer is an                   May 3, 2004. The provisions of
                                                  basis determined under the provisions                     amount equal to—                                       paragraph (d)(4) of this section relating
                                                  of section 1015(a) or 1015(d) (relating to                *     *     *     *     *                              to section 1022 are effective on and after
                                                  basis of property acquired by gift) or                                                                           January 19, 2017.
                                                                                                            ■ Par. 45. Section 1.1254–6 is revised to
                                                  section 1022 (relating to the basis of                                                                           ■ Par. 47. Section 1.1312–7 is amended
                                                                                                            read as follows:
                                                  property acquired from certain                                                                                   by revising paragraph (b) and adding
                                                  decedents who died in 2010). * * *                        § 1.1254–6    Effective/applicability date.            paragraph (d) to read as follows:
                                                  *     *     *     *    *                                     (a) Sections 1.1254–1 through 1.1254–
                                                  ■ Par. 42. Section 1.1254–3 is amended                                                                           § 1.1312–7 Basis of property after
                                                                                                            3 and 1.1254–5 are effective with
                                                  by revising paragraphs (b)(2)(ii) and (iii)                                                                      erroneous treatment of a prior transaction.
                                                                                                            respect to any disposition of natural
                                                  and adding paragraph (b)(2)(iv) to read                   resource recapture property occurring                  *       *    *     *     *
                                                  as follows:                                               after March 13, 1995. The rule in                         (b)(1) For this section to apply, the
                                                                                                            § 1.1254–1(b)(2)(iv)(A)(2), relating to a              taxpayer with respect to whom the
                                                  § 1.1254–3 Section 1254 costs immediately
                                                  after certain acquisitions.                               nonoperating mineral interest carved                   erroneous treatment occurred must be:
                                                                                                            out of an operating mineral interest with
                                                  *       *    *     *     *                                                                                          (i) The taxpayer with respect to whom
                                                                                                            respect to which an expenditure has
                                                     (b) * * *                                                                                                     the determination is made; or
                                                                                                            been deducted, is effective with respect
                                                     (2) * * *                                                                                                        (ii) A taxpayer who acquired title to
                                                                                                            to any disposition occurring after March
                                                     (ii) A transaction described in section                                                                       the property in the erroneously treated
                                                                                                            13, 1995, of property (within the
                                                  1041(a);
                                                                                                            meaning of section 614) that is placed                 transaction and from whom, mediately
                                                     (iii) A disposition described in
                                                                                                            in service by the taxpayer after                       or immediately, the taxpayer with
                                                  § 1.1254–2(c)(3) (relating to certain tax-
                                                                                                            December 31, 1986. Section 1.1254–4                    respect to whom the determination is
                                                  free transactions); or
                                                                                                            applies to dispositions of natural                     made derived title in such a manner that
                                                     (iv) A transfer at death where basis of
                                                                                                            resource recapture property by an S                    he will have a basis ascertained by
                                                  property in the hands of the transferee
                                                                                                            corporation (and a corporation that was                reference to the basis in the hands of the
                                                  is determined under section 1022.
                                                                                                            formerly an S corporation) and                         taxpayer who acquired title to the
                                                  *       *    *     *     *                                dispositions of S corporation stock                    property in the erroneously treated
                                                  ■ Par. 43. Section 1.1254–4 is amended                    occurring on or after October 10, 1996.                transaction; or
                                                  by revising paragraph (e)(4) introductory                 Sections 1.1254–2(d)(1)(ii) and 1.1254–
                                                  text to read as follows:                                  3(b)(1)(i), (b)(1)(ii), (d)(1)(i), and                    (iii) A taxpayer who had title to the
                                                                                                            (d)(1)(ii) are effective for dispositions of           property at the time of the erroneously
                                                  § 1.1254–4 Special rules for S corporations                                                                      treated transaction and from whom,
                                                  and their shareholders.                                   property occurring on or after October
                                                                                                            10, 1996.                                              mediately or immediately, the taxpayer
                                                  *      *     *     *      *                                                                                      with respect to whom the determination
                                                     (e) * * *                                                 (b) The provisions of §§ 1.1254–
                                                                                                            2(a)(1), 1.1254–3(b)(2), 1.1254–4(e)(4),               is made derived title, if the basis of the
                                                     (4) * * * If stock is acquired in a                                                                           property in the hands of the taxpayer
                                                  transfer that is a gift, in a transfer that               and 1.1254–5(c)(2)(iv) that relate to
                                                                                                            section 1022 are effective on and after                with respect to whom the determination
                                                  is a part sale or exchange and part gift,                                                                        is made is determined under section
                                                  in a transfer that is described in section                January 19, 2017.
                                                                                                                                                                   1015(a) (relating to the basis of property
                                                  1041(a), or in a transfer at death where                  ■ Par. 46. Section 1.1296–1 is amended
                                                                                                                                                                   acquired by gift) or section 1022
                                                  the basis of property in the hands of the                 by revising paragraphs (d)(4) and (j) to
                                                                                                                                                                   (relating to the basis of property
                                                  transferee is determined under section                    read as follows:
                                                                                                                                                                   acquired from certain decedents who
                                                  1022, the amount of section 1254 costs
                                                  with respect to the property held by the                  § 1.1296–1 Mark to market election for                 died in 2010).
                                                                                                            marketable stock.                                         (2) No adjustment is authorized with
                                                  corporation in the acquiring
                                                  shareholder’s hands immediately after                     *     *     *    *      *                              respect to the transferor of the property
                                                  the transfer is an amount equal to—                         (d) * * *                                            in a transaction upon which the basis of
                                                  *      *     *     *      *                                 (4) Stock acquired from a decedent. In               the property depends, when the
                                                  ■ Par. 44. Section 1.1254–5 is amended                    the case of stock of a PFIC that is                    determination is with respect to the
                                                  by revising paragraph (c)(2)(iv)                          acquired by bequest, devise, or                        original transferee or a subsequent
                                                  introductory text to read as follows:                     inheritance (or by the decedent’s estate)              transferee of the original transferee.
                                                                                                            and with respect to which a section                    *       *    *     *     *
                                                  § 1.1254–5 Special rules for partnerships                 1296 election was in effect as of the date
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                                                  and their partners.                                       of the decedent’s death,                                  (d) Effective/applicability date. This
                                                  *     *      *      *     *                               notwithstanding section 1014 or section                section applies on and after January 19,
                                                    (c) * * *                                               1022, the basis of such stock in the                   2017. For rules before January 19, 2017,
                                                    (2) * * *                                               hands of the person so acquiring it shall
                                                    (iv) * * * If an interest in a                          be the adjusted basis of such stock in
                                                  partnership is transferred in a transfer                  the hands of the decedent immediately
                                                  that is a gift, in a transfer that is a part              before his death (or, if lesser, the basis
                                                  sale or exchange and part gift, in a                      that would have been determined under


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                                                                   Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations                                                         6243

                                                  see § 1.1312–7 as contained in 26 CFR                   1–800–877–8339 and ask to be                                 interest. This finding is based on the
                                                  part 1 revised as of April 1, 2016.                     connected to 202–326–4400 ext. 3451.)                        need to determine and issue new
                                                                                                          SUPPLEMENTARY INFORMATION: PBGC’s                            interest assumptions promptly so that
                                                  John Dalrymple,
                                                                                                          regulation on Benefits Payable in                            the assumptions can reflect current
                                                  Deputy Commissioner for Services and
                                                  Enforcement.                                            Terminated Single-Employer Plans (29                         market conditions as accurately as
                                                                                                          CFR part 4022) prescribes actuarial                          possible.
                                                    Approved: November 11, 2016.
                                                                                                          assumptions—including interest                                  Because of the need to provide
                                                  Mark J. Mazur,
                                                                                                          assumptions—for paying plan benefits                         immediate guidance for the payment of
                                                  Assistant Secretary of the Treasury (Tax
                                                                                                          under terminating single-employer                            benefits under plans with valuation
                                                  Policy).
                                                                                                          plans covered by title IV of the                             dates during February 2017, PBGC finds
                                                  [FR Doc. 2017–01365 Filed 1–18–17; 8:45 am]
                                                                                                          Employee Retirement Income Security                          that good cause exists for making the
                                                  BILLING CODE 4830–01–P
                                                                                                          Act of 1974. The interest assumptions in                     assumptions set forth in this
                                                                                                          the regulation are also published on                         amendment effective less than 30 days
                                                                                                          PBGC’s Web site (http://www.pbgc.gov).                       after publication.
                                                  PENSION BENEFIT GUARANTY                                   PBGC uses the interest assumptions in                        PBGC has determined that this action
                                                  CORPORATION                                             Appendix B to Part 4022 to determine                         is not a ‘‘significant regulatory action’’
                                                                                                          whether a benefit is payable as a lump                       under the criteria set forth in Executive
                                                  29 CFR Part 4022
                                                                                                          sum and to determine the amount to                           Order 12866.
                                                  Benefits Payable in Terminated Single-                  pay. Appendix C to Part 4022 contains                           Because no general notice of proposed
                                                  Employer Plans; Interest Assumptions                    interest assumptions for private-sector                      rulemaking is required for this
                                                  for Paying Benefits                                     pension practitioners to refer to if they                    amendment, the Regulatory Flexibility
                                                                                                          wish to use lump-sum interest rates                          Act of 1980 does not apply. See 5 U.S.C.
                                                  AGENCY:  Pension Benefit Guaranty                       determined using PBGC’s historical                           601(2).
                                                  Corporation.                                            methodology. Currently, the rates in
                                                  ACTION: Final rule.                                     Appendices B and C of the benefit                            List of Subjects in 29 CFR Part 4022
                                                                                                          payment regulation are the same.                               Employee benefit plans, Pension
                                                  SUMMARY:   This final rule amends the                      The interest assumptions are intended
                                                  Pension Benefit Guaranty Corporation’s                                                                               insurance, Pensions, Reporting and
                                                                                                          to reflect current conditions in the                         recordkeeping requirements.
                                                  regulation on Benefits Payable in
                                                                                                          financial and annuity markets.
                                                  Terminated Single-Employer Plans to                                                                                    In consideration of the foregoing, 29
                                                                                                          Assumptions under the benefit
                                                  prescribe interest assumptions under                                                                                 CFR part 4022 is amended as follows:
                                                                                                          payments regulation are updated
                                                  the regulation for valuation dates in
                                                                                                          monthly. This final rule updates the                         PART 4022—BENEFITS PAYABLE IN
                                                  February 2017. The interest
                                                                                                          benefit payments interest assumptions                        TERMINATED SINGLE-EMPLOYER
                                                  assumptions are used for paying
                                                                                                          for February 2017.1                                          PLANS
                                                  benefits under terminating single-
                                                                                                             The February 2017 interest
                                                  employer plans covered by the pension
                                                                                                          assumptions under the benefit payments                       ■ 1. The authority citation for part 4022
                                                  insurance system administered by
                                                                                                          regulation will be 1.25 percent for the                      continues to read as follows:
                                                  PBGC.
                                                                                                          period during which a benefit is in pay
                                                  DATES: Effective February 1, 2017.                      status and 4.00 percent during any years                       Authority: 29 U.S.C. 1302, 1322, 1322b,
                                                                                                                                                                       1341(c)(3)(D), and 1344.
                                                  FOR FURTHER INFORMATION CONTACT:                        preceding the benefit’s placement in pay
                                                  Deborah C. Murphy (Murphy.Deborah@                      status. In comparison with the interest                      ■ 2. In appendix B to part 4022, Rate Set
                                                  pbgc.gov), Assistant General Counsel for                assumptions in effect for January 2017,                      280, as set forth below, is added to the
                                                  Regulatory Affairs, Pension Benefit                     these interest assumptions are                               table.
                                                  Guaranty Corporation, 1200 K Street                     unchanged.
                                                  NW., Washington, DC 20005, 202–326–                        PBGC has determined that notice and                       Appendix B to Part 4022—Lump Sum
                                                  4400 ext. 3451. (TTY/TDD users may                      public comment on this amendment are                         Interest Rates For PBGC Payments
                                                  call the Federal relay service toll-free at             impracticable and contrary to the public                     *      *     *       *        *

                                                                       For plans with a valuation                                                                    Deferred annuities
                                                                                                            Immediate
                                                                                 date                                                                                    (percent)
                                                      Rate set                                             annuity rate
                                                                                                             (percent)
                                                                      On or after           Before                                     i1                   i2                i3                n1               n2


                                                              *                     *                         *                         *                        *                      *                    *
                                                        280             2–1–17             3–1–17                 1.25                4.00                4.00              4.00                7                8


                                                  ■ 3. In appendix C to part 4022, Rate Set               Appendix C to Part 4022—Lump Sum
                                                  280, as set forth below, is added to the                Interest Rates for Private-Sector
                                                  table.                                                  Payments
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                                                                                                          *        *      *       *         *




                                                    1 Appendix B to PBGC’s regulation on Allocation
                                                                                                          benefits under terminating covered single-employer           ERISA section 4044. Those assumptions are
                                                  of Assets in Single-Employer Plans (29 CFR part         plans for purposes of allocation of assets under             updated quarterly.
                                                  4044) prescribes interest assumptions for valuing



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Document Created: 2018-02-01 15:16:07
Document Modified: 2018-02-01 15:16:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal regulations.
DatesEffective Date: The regulations are effective on January 19, 2017.
ContactMayer R. Samuels at (202) 317-6859 (not a toll-free number).
FR Citation82 FR 6235 
RIN Number1545-BK09
CFR AssociatedIncome Taxes and Reporting and Recordkeeping Requirements

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