83_FR_52103 83 FR 51904 - Removal of Regulations on Advance Payments for Goods and Long-Term Contracts

83 FR 51904 - Removal of Regulations on Advance Payments for Goods and Long-Term Contracts

DEPARTMENT OF THE TREASURY
Internal Revenue Service

Federal Register Volume 83, Issue 199 (October 15, 2018)

Page Range51904-51906
FR Document2018-22025

This notice of proposed rulemaking proposes to streamline IRS regulations by removing regulations that are no longer necessary after the enactment of recent tax legislation. Specifically, these regulations would remove existing regulations regarding advance payments for goods and long-term contracts. The regulations would affect accrual method taxpayers who receive advance payments for goods, including those for inventoriable goods.

Federal Register, Volume 83 Issue 199 (Monday, October 15, 2018)
[Federal Register Volume 83, Number 199 (Monday, October 15, 2018)]
[Proposed Rules]
[Pages 51904-51906]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-22025]


=======================================================================
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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Parts 1 and 602

[REG-104872-18]
RIN 1545-BO66


Removal of Regulations on Advance Payments for Goods and Long-
Term Contracts

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: This notice of proposed rulemaking proposes to streamline IRS 
regulations by removing regulations that are no longer necessary after 
the enactment of recent tax legislation. Specifically, these 
regulations would remove existing regulations regarding advance 
payments for goods and long-term contracts. The regulations would 
affect accrual method taxpayers who receive advance payments for goods, 
including those for inventoriable goods.

DATES: Written or electronic comments and requests for a public hearing 
must be received by January 14, 2019.

ADDRESSES: Send submissions to: CC:PA: LPD:PR (REG-104872-18), Room 
5205, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, 
Washington, DC 20044. Submissions may be hand-delivered Monday through 
Friday between the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (REG-
104872-18), Courier's Desk, Internal Revenue Service, 1111 Constitution 
Avenue NW, Washington, DC, or sent electronically, via the Federal 
eRulemaking Portal at www.regulations.gov (IRS REG-104872-18).

FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, 
Charles Gorham, (202) 317-5091, or Joanna L. Trebat, (202) 317-6890; 
concerning submissions of comments and requests for a hearing, Regina 
Johnson, (202) 317-6901 (not toll-free numbers).

SUPPLEMENTARY INFORMATION:

Background and Explanation of Provisions

    This document proposes to remove Sec.  1.451-5 of the Income Tax 
Regulations (26 CFR part 1), and its cross-references, relating to the 
treatment of advance payments for goods and long-term contracts under 
section 451 of the Internal Revenue Code (Code).
    In general, section 451 provides that the amount of any item of 
gross income is included in gross income for the

[[Page 51905]]

taxable year in which it is received by the taxpayer, unless, under the 
method of accounting used in computing taxable income, the amount is to 
be properly accounted for as of a different period.
    Under Sec.  1.451-1, accrual method taxpayers generally include 
items of income in the taxable year when all the events have occurred 
that fix the right to receive the income and the amount of the income 
can be determined with reasonable accuracy (the ``all events'' test).
    Section 1.451-5 generally allows accrual method taxpayers to defer 
the inclusion of income for advance payments for goods until the 
taxable year in which they are properly included in income under the 
taxpayer's method of accounting for federal income tax purposes if that 
method results in the advance payments being included in gross income 
no later than when the advance payments are recognized in gross 
receipts under the taxpayer's method of accounting for financial 
reporting purposes.
    Section 13221 of ``An Act to provide for reconciliation pursuant to 
titles II and V of the concurrent resolution on the budget for fiscal 
year 2018,'' Public Law 115-97 (the ``Act''), amended section 451 by 
redesignating section 451(b) through (i) as (d) through (k) and adding 
new subsections (b) and (c).
    New section 451(b) generally requires that for accrual method 
taxpayers the all events test with respect to a particular item of 
gross income must not be treated as met any later than when the item is 
taken into account as revenue in a taxpayer's applicable financial 
statement, or such other financial statement as the Secretary may 
prescribe.
    New section 451(c) generally requires an accrual method taxpayer 
that receives any advance payment described in section 451(c)(4) during 
the taxable year to include the advance payment in income in the 
taxable year of receipt or make an election to: (1) Include any portion 
of the advance payment in income in the taxable year of receipt to the 
extent required under new section 451(b); and (2) include the remaining 
portion of the advance payment in income in the following taxable year. 
The election to defer advance payments of goods and services under new 
section 451(c) is similar to the rules regarding the treatment of 
advance payments for goods, services, and other specified items 
provided in Revenue Procedure 2004-34, 2004-1 CB 991. See H.R. Rep. No. 
115-466, at 429 (2017) (Conf. Rep.).
    New section 451(c) and its election to defer advance payments 
override the deferral method provided by Sec.  1.451-5. See H.R. Rep. 
No. 115-466, at 429 n.880 (2017) (Conf. Rep.). Accordingly, the 
Treasury Department and the IRS propose to remove Sec.  1.451-5 and its 
cross references. Removing Sec.  1.451-5 also will ensure that the new 
deferral rules of section 451(c) apply uniformly and consistently to 
all taxpayers as well as simplify tax administration.
    The rules of section 446 regarding changes in methods of accounting 
will apply to taxpayers changing a method of accounting for advance 
payments from a method described in Sec.  1.451-5 to another method. 
The Treasury Department and the IRS request comments on whether any 
changes to existing procedural rules under section 446 for changes in 
methods of accounting are necessary or desirable as a result of 
removing Sec.  1.451-5.

Proposed Applicability Date

    The removal of these regulations would apply as of the date the 
Treasury decision adopting this notice of proposed rulemaking is 
published in the Federal Register.

Special Analyses

    This regulation is not subject to review under section 6(b) of 
Executive Order 12866 pursuant to the Memorandum of Agreement (April 
11, 2018) between the Department of the Treasury and the Office of 
Management and Budget regarding review of tax regulations. Because the 
proposed regulations do not impose a collection of information on small 
entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not 
apply. Pursuant to section 7805(f) of the Code, this notice of proposed 
rulemaking has been submitted to the Chief Counsel for Advocacy of the 
Small Business Administration for comment on its impact on small 
business.

Comments and Requests for a Public Hearing

    Before these proposed regulations are adopted as final regulations, 
consideration will be given to any comments that are timely submitted 
to the IRS in the preamble under the ADDRESSES section. All comments 
submitted will be made available at www.regulations.gov for public 
inspection and copying.
    A public hearing will be scheduled, if requested, by any person who 
timely submits comments. If a public hearing is scheduled, notice of 
the date, time, and place for the hearing will be published in the 
Federal Register.

Drafting Information

    The principal author of this document is Joanna L. Trebat, Office 
of the Associate Chief Counsel (Income Tax and Accounting). Other 
personnel from the IRS and Treasury Department participated in its 
development.

List of Subjects

26 CFR Part 1

    Income taxes, Reporting and recordkeeping requirements.

26 CFR Part 602

    Reporting and recordkeeping requirements.

Proposed Amendments to the Regulations

    Accordingly, 26 CFR parts 1 and 602 are proposed to be amended as 
follows:

PART 1--INCOME TAXES

0
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 1.381(c)(4)-1 is amended by revising the second 
sentence of paragraph (b)(2) to read as follows:


Sec.  1.381(c)(4)-1  Method of accounting.

* * * * *
    (b) * * *
    (2) * * * The installment method under section 453, the mark-to-
market method under section 475, the amortization of bond premium under 
section 171, the percentage of completion method under section 460, the 
recurring item exception of Sec.  1.461-5, and the income deferral 
method under section 455 are examples of special methods of accounting. 
* * *
* * * * *
0
Par. 3. Section 1.382-7 is amended by revising the third sentence of 
paragraph (a) to read as follows:


Sec.  1.382-7  Built in gains and losses.

    (a) * * * Examples to which this paragraph (a) will apply include, 
but are not limited to, income received prior to the change date that 
is deferred under section 455 or Rev. Proc. 2004-34 (2004-1 CB 991 
(June 1, 2004)) (or any successor revenue procedure) (see Sec.  
601.601(d)(2)(ii)(b)).
* * * * *


Sec.  1.451-5  [Removed]

0
Par. 4. Section 1.451-5 is removed.


Sec.  1.861-18  [Amended]

0
Par. 5. Section 1.861-18 is amended in paragraph (i)(4) by:

[[Page 51906]]

0
1. Removing Example 2;
0
2. Designating Examples 1 and 3 as paragraphs (i)(4)(i) and (ii), 
respectively; and
0
3. In the heading for newly designated paragraph (i)(4)(ii), removing 
``3'' and adding ``2'' in its place.


Sec.  1.6655-0  [Amended]

0
Par. 6. Section 1.6655-0 is amended by removing the entries for Sec.  
1.6655-2(f)(3)(i) and (f)(3)(i)(A) and redesignating the entry for 
Sec.  1.6655-2(f)(3)(i)(B) as Sec.  1.6655-2(f)(3)(i).


Sec.  1.6655-2  [Amended]

0
Par. 7. Section 1.6655-2 is amended by removing paragraphs (f)(3)(i) 
heading and (f)(3)(i)(A) and redesignating (f)(3)(i)(B) as (f)(3)(i).
0
Par. 8. Section 1.6655-6 is amended in paragraph (c) by:
0
1. Revising the heading and introductory text;
0
2. Removing Example 1;
0
3. Designating Example 2 as paragraph (c)(1) and revising the heading 
of newly designated paragraph (c)(1); and
0
3. Adding a reserved paragraph (c)(2).
    The revisions read as follows:


Sec.  1.6655-6   Methods of accounting.

* * * * *
    (c) Example. The following example illustrates the rules of this 
section:

    (1)
    Example. * * *
* * * * *

PART 602--OMB CONTROL NUMBERS UNDER THE PAPERWORK REDUCTION ACT

0
Par. 9. Add an authority citation for part 602 to read as follows:

    Authority: 26 U.S.C. 7805.


Sec.  602.101  [Amended]

0
Par. 10. Section 602.101 is amended by removing the entry for Sec.  
1.451-5 and the parenthetical authority citation at the end of the 
section.

Kirsten Wielobob,
Deputy Commissioner for Services and Enforcement.
[FR Doc. 2018-22025 Filed 10-12-18; 8:45 am]
BILLING CODE 4830-01-P



                                                51904                  Federal Register / Vol. 83, No. 199 / Monday, October 15, 2018 / Proposed Rules

                                                www.faa.gov/air_traffic/publications/                   Since this is a routine matter that will                DEPARTMENT OF THE TREASURY
                                                airspace_amendments/.                                   only affect air traffic procedures and air
                                                   You may review the public docket                     navigation, it is certified that this                   Internal Revenue Service
                                                containing the proposal, any comments                   proposed rule, when promulgated, will
                                                received and any final disposition in                   not have a significant economic impact                  26 CFR Parts 1 and 602
                                                person in the Dockets Office (see the                   on a substantial number of small entities               [REG–104872–18]
                                                ADDRESSES section for address and                       under the criteria of the Regulatory
                                                phone number) between 9:00 a.m. and                     Flexibility Act.                                        RIN 1545–BO66
                                                5:00 p.m., Monday through Friday,
                                                except federal holidays. An informal                    Environmental Review                                    Removal of Regulations on Advance
                                                docket may also be examined between                                                                             Payments for Goods and Long-Term
                                                8:00 a.m. and 4:30 p.m., Monday                            This proposal would be subject to an                 Contracts
                                                through Friday, except federal holidays                 environmental analysis in accordance
                                                                                                        with FAA Order 1050.1F,                                 AGENCY: Internal Revenue Service (IRS),
                                                at the Eastern Service Center, Federal
                                                                                                        ‘‘Environmental Impacts: Policies and                   Treasury.
                                                Aviation Administration, Room 350,
                                                1701 Columbia Avenue, College Park,                     Procedures’’ prior to any FAA final                     ACTION: Notice of proposed rulemaking.
                                                GA 30337.                                               regulatory action.
                                                                                                                                                                SUMMARY:   This notice of proposed
                                                Availability and Summary of                             Lists of Subjects in 14 CFR Part 71                     rulemaking proposes to streamline IRS
                                                Documents for Incorporation by                                                                                  regulations by removing regulations that
                                                Reference                                                Airspace, Incorporation by reference,                  are no longer necessary after the
                                                                                                        Navigation (air).                                       enactment of recent tax legislation.
                                                  This document proposes to amend
                                                FAA Order 7400.11C, Airspace                            The Proposed Amendment                                  Specifically, these regulations would
                                                Designations and Reporting Points,                                                                              remove existing regulations regarding
                                                dated August 13, 2018, and effective                      Accordingly, pursuant to the                          advance payments for goods and long-
                                                September 15, 2018. FAA Order                           authority delegated to me, the Federal                  term contracts. The regulations would
                                                7400.11C is publicly available as listed                Aviation Administration proposed to                     affect accrual method taxpayers who
                                                in the ADDRESSES section of this                        amend 14 CFR part 71 as follows:                        receive advance payments for goods,
                                                document. FAA Order 7400.11C lists                                                                              including those for inventoriable goods.
                                                Class A, B, C, D, and E airspace areas,                 PART 71—DESIGNATION OF CLASS A,                         DATES: Written or electronic comments
                                                air traffic service routes, and reporting               B, C, D, AND E AIRSPACE AREAS; AIR                      and requests for a public hearing must
                                                points.                                                 TRAFFIC SERVICE ROUTES; AND                             be received by January 14, 2019.
                                                                                                        REPORTING POINTS                                        ADDRESSES: Send submissions to:
                                                The Proposal
                                                                                                                                                                CC:PA: LPD:PR (REG–104872–18),
                                                   The FAA is considering an                            ■ 1. The authority citation for part 71                 Room 5205, Internal Revenue Service,
                                                amendment to Title 14 Code of Federal                   continues to read as follows:                           P.O. Box 7604, Ben Franklin Station,
                                                Regulations (14 CFR) part 71 to establish                                                                       Washington, DC 20044. Submissions
                                                Class E airspace extending upward from                    Authority: 49 U.S.C. 106(f), 106(g); 40103,
                                                                                                        40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,            may be hand-delivered Monday through
                                                700 feet above the surface within a 6.4-                                                                        Friday between the hours of 8 a.m. and
                                                                                                        1959–1963 Comp., p. 389.
                                                mile radius of Hyde County Airport,                                                                             4 p.m. to CC:PA:LPD:PR (REG–104872–
                                                Engelhard, NC, providing the controlled                 § 71.1       [Amended]                                  18), Courier’s Desk, Internal Revenue
                                                airspace required to support the new                                                                            Service, 1111 Constitution Avenue NW,
                                                RNAV (GPS) standard instrument                          ■ 2. The incorporation by reference in
                                                                                                                                                                Washington, DC, or sent electronically,
                                                approach procedures for IFR operations                  14 CFR 71.1 of Federal Aviation                         via the Federal eRulemaking Portal at
                                                at Hyde County Airport.                                 Administration Order 7400.11C,                          www.regulations.gov (IRS REG–104872–
                                                   Class E airspace designations are                    Airspace Designations and Reporting                     18).
                                                published in Paragraph 6005 of FAA                      Points, dated August 13, 2018, and
                                                                                                                                                                FOR FURTHER INFORMATION CONTACT:
                                                Order 7400.11C, dated August 13, 2018,                  effective September 15, 2018, is
                                                                                                                                                                Concerning the proposed regulations,
                                                and effective September 15, 2018, which                 amended as follows:                                     Charles Gorham, (202) 317–5091, or
                                                is incorporated by reference in 14 CFR
                                                                                                        Paragraph 6005 Class E Airspace Areas                   Joanna L. Trebat, (202) 317–6890;
                                                71.1. The Class E airspace designation
                                                                                                        Extending Upward From 700 Feet or More                  concerning submissions of comments
                                                listed in this document will be                         Above the Surface of the Earth.                         and requests for a hearing, Regina
                                                published subsequently in the Order.
                                                                                                        *        *      *       *      *                        Johnson, (202) 317–6901 (not toll-free
                                                Regulatory Notices and Analyses                                                                                 numbers).
                                                                                                        ASO NC E5         Engelhard, NC [New]
                                                  The FAA has determined that this                                                                              SUPPLEMENTARY INFORMATION:
                                                proposed regulation only involves an                    Hyde County Airport, NC
                                                established body of technical                             (Lat. 35°33′43″ N, long. 75°57′20″ W)                 Background and Explanation of
                                                regulations for which frequent and                        That airspace extending upward from 700               Provisions
                                                routine amendments are necessary to                     feet above the surface within a 6.4-mile                   This document proposes to remove
                                                keep them operationally current. It,                    radius of Hyde County Airport.                          § 1.451–5 of the Income Tax Regulations
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                                                therefore: (1) Is not a ‘‘significant                      Issued in College Park, Georgia, on October          (26 CFR part 1), and its cross-references,
                                                regulatory action’’ under Executive                     3, 2018.                                                relating to the treatment of advance
                                                Order 12866; (2) is not a ‘‘significant                 Ryan W. Almasy,                                         payments for goods and long-term
                                                rule’’ under DOT Regulatory Policies                                                                            contracts under section 451 of the
                                                                                                        Manager, operations Support Group, Eastern
                                                and Procedures (44 FR 11034; February                                                                           Internal Revenue Code (Code).
                                                                                                        Service Center, Air Traffic Organization.
                                                26, 1979); and (3) does not warrant                                                                                In general, section 451 provides that
                                                                                                        [FR Doc. 2018–22257 Filed 10–12–18; 8:45 am]
                                                preparation of a regulatory evaluation as                                                                       the amount of any item of gross income
                                                the anticipated impact is so minimal.                   BILLING CODE 4910–13–P                                  is included in gross income for the


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                                                                       Federal Register / Vol. 83, No. 199 / Monday, October 15, 2018 / Proposed Rules                                              51905

                                                taxable year in which it is received by                 deferral method provided by § 1.451–5.                Drafting Information
                                                the taxpayer, unless, under the method                  See H.R. Rep. No. 115–466, at 429 n.880                  The principal author of this document
                                                of accounting used in computing taxable                 (2017) (Conf. Rep.). Accordingly, the                 is Joanna L. Trebat, Office of the
                                                income, the amount is to be properly                    Treasury Department and the IRS                       Associate Chief Counsel (Income Tax
                                                accounted for as of a different period.                 propose to remove § 1.451–5 and its                   and Accounting). Other personnel from
                                                   Under § 1.451–1, accrual method                      cross references. Removing § 1.451–5                  the IRS and Treasury Department
                                                taxpayers generally include items of                    also will ensure that the new deferral                participated in its development.
                                                income in the taxable year when all the                 rules of section 451(c) apply uniformly
                                                events have occurred that fix the right                 and consistently to all taxpayers as well             List of Subjects
                                                to receive the income and the amount of                 as simplify tax administration.                       26 CFR Part 1
                                                the income can be determined with
                                                                                                           The rules of section 446 regarding                   Income taxes, Reporting and
                                                reasonable accuracy (the ‘‘all events’’
                                                                                                        changes in methods of accounting will                 recordkeeping requirements.
                                                test).
                                                   Section 1.451–5 generally allows                     apply to taxpayers changing a method of
                                                                                                        accounting for advance payments from                  26 CFR Part 602
                                                accrual method taxpayers to defer the
                                                inclusion of income for advance                         a method described in § 1.451–5 to                      Reporting and recordkeeping
                                                payments for goods until the taxable                    another method. The Treasury                          requirements.
                                                year in which they are properly                         Department and the IRS request
                                                                                                        comments on whether any changes to                    Proposed Amendments to the
                                                included in income under the taxpayer’s                                                                       Regulations
                                                method of accounting for federal income                 existing procedural rules under section
                                                tax purposes if that method results in                  446 for changes in methods of                           Accordingly, 26 CFR parts 1 and 602
                                                the advance payments being included in                  accounting are necessary or desirable as              are proposed to be amended as follows:
                                                gross income no later than when the                     a result of removing § 1.451–5.
                                                advance payments are recognized in                                                                            PART 1—INCOME TAXES
                                                                                                        Proposed Applicability Date
                                                gross receipts under the taxpayer’s                                                                           ■ Paragraph 1. The authority citation
                                                method of accounting for financial                        The removal of these regulations
                                                                                                        would apply as of the date the Treasury               for part 1 continues to read in part as
                                                reporting purposes.
                                                                                                        decision adopting this notice of                      follows:
                                                   Section 13221 of ‘‘An Act to provide
                                                for reconciliation pursuant to titles II                proposed rulemaking is published in the                   Authority: 26 U.S.C. 7805 * * *
                                                and V of the concurrent resolution on                   Federal Register.                                     ■ Par. 2. Section 1.381(c)(4)–1 is
                                                the budget for fiscal year 2018,’’ Public                                                                     amended by revising the second
                                                                                                        Special Analyses
                                                Law 115–97 (the ‘‘Act’’), amended                                                                             sentence of paragraph (b)(2) to read as
                                                section 451 by redesignating section                      This regulation is not subject to                   follows:
                                                451(b) through (i) as (d) through (k) and               review under section 6(b) of Executive
                                                adding new subsections (b) and (c).                     Order 12866 pursuant to the                           § 1.381(c)(4)–1   Method of accounting.
                                                   New section 451(b) generally requires                Memorandum of Agreement (April 11,                    *      *    *      *    *
                                                that for accrual method taxpayers the all               2018) between the Department of the                      (b) * * *
                                                events test with respect to a particular                Treasury and the Office of Management                    (2) * * * The installment method
                                                item of gross income must not be treated                and Budget regarding review of tax                    under section 453, the mark-to-market
                                                as met any later than when the item is                  regulations. Because the proposed                     method under section 475, the
                                                taken into account as revenue in a                      regulations do not impose a collection                amortization of bond premium under
                                                taxpayer’s applicable financial                         of information on small entities, the                 section 171, the percentage of
                                                statement, or such other financial                      Regulatory Flexibility Act (5 U.S.C.                  completion method under section 460,
                                                statement as the Secretary may                          chapter 6) does not apply. Pursuant to                the recurring item exception of § 1.461–
                                                prescribe.                                              section 7805(f) of the Code, this notice              5, and the income deferral method
                                                   New section 451(c) generally requires                of proposed rulemaking has been                       under section 455 are examples of
                                                an accrual method taxpayer that                         submitted to the Chief Counsel for                    special methods of accounting. * * *
                                                receives any advance payment                            Advocacy of the Small Business                        *      *    *      *    *
                                                described in section 451(c)(4) during the               Administration for comment on its                     ■ Par. 3. Section 1.382–7 is amended by
                                                taxable year to include the advance                     impact on small business.                             revising the third sentence of paragraph
                                                payment in income in the taxable year                                                                         (a) to read as follows:
                                                of receipt or make an election to: (1)                  Comments and Requests for a Public
                                                Include any portion of the advance                      Hearing                                               § 1.382–7    Built in gains and losses.
                                                payment in income in the taxable year                                                                           (a) * * * Examples to which this
                                                of receipt to the extent required under                   Before these proposed regulations are
                                                                                                                                                              paragraph (a) will apply include, but are
                                                new section 451(b); and (2) include the                 adopted as final regulations,
                                                                                                                                                              not limited to, income received prior to
                                                remaining portion of the advance                        consideration will be given to any
                                                                                                                                                              the change date that is deferred under
                                                payment in income in the following                      comments that are timely submitted to
                                                                                                                                                              section 455 or Rev. Proc. 2004–34
                                                taxable year. The election to defer                     the IRS in the preamble under the
                                                                                                                                                              (2004–1 CB 991 (June 1, 2004)) (or any
                                                                                                        ADDRESSES section. All comments
                                                advance payments of goods and services                                                                        successor revenue procedure) (see
                                                under new section 451(c) is similar to                  submitted will be made available at
                                                                                                                                                              § 601.601(d)(2)(ii)(b)).
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                                                the rules regarding the treatment of                    www.regulations.gov for public
                                                                                                        inspection and copying.                               *     *    *      *      *
                                                advance payments for goods, services,
                                                and other specified items provided in                     A public hearing will be scheduled, if              § 1.451–5    [Removed]
                                                Revenue Procedure 2004–34, 2004–1 CB                    requested, by any person who timely                   ■   Par. 4. Section 1.451–5 is removed.
                                                991. See H.R. Rep. No. 115–466, at 429                  submits comments. If a public hearing is
                                                (2017) (Conf. Rep.).                                    scheduled, notice of the date, time, and              § 1.861–18    [Amended]
                                                   New section 451(c) and its election to               place for the hearing will be published               ■ Par. 5. Section 1.861–18 is amended
                                                defer advance payments override the                     in the Federal Register.                              in paragraph (i)(4) by:


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                                                51906                      Federal Register / Vol. 83, No. 199 / Monday, October 15, 2018 / Proposed Rules

                                                ■ 1. Removing Example 2;                                  DEPARTMENT OF THE TREASURY                            to present oral comments at the hearing
                                                ■ 2. Designating Examples 1 and 3 as                                                                            that submitted written comments by
                                                                                                          Internal Revenue Service                              October 9, 2018, must submit an outline
                                                paragraphs (i)(4)(i) and (ii), respectively;
                                                and                                                                                                             of the topics to be addressed and the
                                                                                                          26 CFR Part 301                                       amount of time to be devoted to each
                                                ■ 3. In the heading for newly designated                                                                        topic by Tuesday, October 16, 2018.
                                                                                                          [REG–104266–18]
                                                paragraph (i)(4)(ii), removing ‘‘3’’ and                                                                           A period of 10 minutes is allotted to
                                                adding ‘‘2’’ in its place.                                RIN 1545–BO12                                         each person for presenting oral
                                                                                                                                                                comments. After the deadline for
                                                § 1.6655–0       [Amended]                                Guidance Regarding the Transition Tax                 receiving outlines has passed, the IRS
                                                ■ Par. 6. Section 1.6655–0 is amended                     Under Section 965 and Related                         will prepare an agenda containing the
                                                                                                          Provisions; Hearing                                   schedule of speakers. Copies of the
                                                by removing the entries for § 1.6655–
                                                2(f)(3)(i) and (f)(3)(i)(A) and                           AGENCY:  Internal Revenue Service (IRS),              agenda will be made available, free of
                                                redesignating the entry for § 1.6655–                     Treasury.                                             charge, at the hearing or by contacting
                                                2(f)(3)(i)(B) as § 1.6655–2(f)(3)(i).                     ACTION: Proposed rule; notice of hearing.             the Publications and Regulations Branch
                                                                                                                                                                at (202) 317–6901 (not a toll-free
                                                § 1.6655–2       [Amended]                                SUMMARY:   This document provides a                   number).
                                                                                                          notice of public hearing on proposed                     Because of access restrictions, the IRS
                                                ■  Par. 7. Section 1.6655–2 is amended
                                                                                                          regulations relating to section 965 of the            will not admit visitors beyond the
                                                by removing paragraphs (f)(3)(i) heading                                                                        immediate entrance area more than 30
                                                                                                          Internal Revenue Code as amended by
                                                and (f)(3)(i)(A) and redesignating                        the Tax Cuts and Jobs Act, which was                  minutes before the hearing starts. For
                                                (f)(3)(i)(B) as (f)(3)(i).                                enacted on December 22, 2017.                         information about having your name
                                                ■ Par. 8. Section 1.6655–6 is amended                     DATES: The public hearing is being held               placed on the building access list to
                                                in paragraph (c) by:                                      on Monday, October 22, 2018, at 10 a.m.               attend the hearing, see the FOR FURTHER
                                                ■ 1. Revising the heading and                             The IRS must receive speakers’ outlines               INFORMATION CONTACT section of this
                                                introductory text;                                        of the topics to be discussed at the                  document.
                                                                                                          public hearing by Tuesday, October 16,                Martin V. Franks,
                                                ■ 2. Removing Example 1;
                                                                                                          2018.
                                                                                                                                                                Chief, Publications and Regulations Branch,
                                                ■ 3. Designating Example 2 as paragraph                   ADDRESSES: The public hearing is being                Legal Processing Division, Associate Chief
                                                (c)(1) and revising the heading of newly                  held in the IRS Auditorium, Internal                  Counsel, (Procedure and Administration).
                                                designated paragraph (c)(1); and                          Revenue Service Building, 1111                        [FR Doc. 2018–22345 Filed 10–12–18; 8:45 am]
                                                ■ 3. Adding a reserved paragraph (c)(2).                  Constitution Avenue NW, Washington,                   BILLING CODE 4830–01–P
                                                                                                          DC 20224. Due to building security
                                                   The revisions read as follows:
                                                                                                          procedures, visitors must enter at the
                                                § 1.6655–6       Methods of accounting.                   Constitution Avenue entrance. In                      DEPARTMENT OF EDUCATION
                                                *      *     *    *      *                                addition, all visitors must present a
                                                                                                          valid photo identification to enter the               34 CFR Chapter VI
                                                   (c) Example. The following example                     building.
                                                illustrates the rules of this section:                      Send Submissions to CC:PA:LPD:PR                    [Docket ID ED–2018–OPE–0076]
                                                                                                          (REG–104226–18), Room 5205, Internal                  RIN 1840–AD36, 1840–AD37, 1840–AD38,
                                                    (1)                                                   Revenue Service, P.O. Box 7604, Ben                   1840–AD40, 1840–AD44
                                                    Example. * * *
                                                                                                          Franklin Station, Washington, DC
                                                *         *   *        *      *                           20044. Submissions may be hand-                       Negotiated Rulemaking Committee;
                                                                                                          delivered Monday through Friday to                    Negotiator Nominations and Schedule
                                                PART 602—OMB CONTROL NUMBERS                              CC:PA:LPD:PR (REG–104226–18),                         of Committee Meetings—Accreditation
                                                UNDER THE PAPERWORK                                       Couriers Desk, Internal Revenue                       and Innovation
                                                REDUCTION ACT                                             Service, 1111 Constitution Avenue NW,                 AGENCY:  Office of Postsecondary
                                                                                                          Washington, DC 20224 or sent                          Education, Department of Education.
                                                ■ Par. 9. Add an authority citation for                   electronically via the Federal
                                                part 602 to read as follows:                                                                                    ACTION: Intent to establish negotiated
                                                                                                          eRulemaking Portal at
                                                                                                                                                                rulemaking committee.
                                                    Authority: 26 U.S.C. 7805.                            www.regulations.gov (IRS REG–104226–
                                                                                                          18).                                                  SUMMARY:   We announce our intention to
                                                § 602.101     [Amended]                                   FOR FURTHER INFORMATION CONTACT:                      establish one negotiated rulemaking
                                                ■ Par. 10. Section 602.101 is amended                     Concerning the proposed regulations,                  committee to prepare proposed
                                                by removing the entry for § 1.451–5 and                   Leni C. Perkins (202) 317–6934;                       regulations for the Federal Student Aid
                                                the parenthetical authority citation at                   concerning submissions of comments,                   programs authorized under title IV of
                                                the end of the section.                                   the hearing and/or to be placed on the                the Higher Education Act of 1965, as
                                                                                                          building access list to attend the                    amended (HEA). The committee will
                                                Kirsten Wielobob,                                         hearing, Regina Johnson at (202) 317–                 include representatives of organizations
                                                Deputy Commissioner for Services and                      6901 (not toll-free numbers).                         or groups with interests that are
khammond on DSK30JT082PROD with PROPOSAL




                                                Enforcement.                                              SUPPLEMENTARY INFORMATION: The                        significantly affected by the subject
                                                [FR Doc. 2018–22025 Filed 10–12–18; 8:45 am]              subject of the public hearing is the                  matter of the proposed regulations. We
                                                BILLING CODE 4830–01–P                                    notice of proposed rulemaking (REG–                   request nominations for individual
                                                                                                          104226–18) that was published in the                  negotiators who represent key
                                                                                                          Federal Register on Thursday, August 9,               stakeholder constituencies for the issues
                                                                                                          2018 (83 FR 39514).                                   to be negotiated to serve on the
                                                                                                            The rules of 26 CFR 601.601(a)(3)                   committee, and we set a schedule for
                                                                                                          apply to the hearing. Persons who wish                committee meetings. We also announce


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Document Created: 2018-10-13 10:03:31
Document Modified: 2018-10-13 10:03:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesWritten or electronic comments and requests for a public hearing must be received by January 14, 2019.
ContactConcerning the proposed regulations, Charles Gorham, (202) 317-5091, or Joanna L. Trebat, (202) 317-6890; concerning submissions of comments and requests for a hearing, Regina Johnson, (202) 317-6901 (not toll-free numbers).
FR Citation83 FR 51904 
RIN Number1545-BO66
CFR Citation26 CFR 1
26 CFR 602
CFR AssociatedIncome Taxes and Reporting and Recordkeeping Requirements

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