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Regulations concerning SALT credits, charitable contributions; sections 164 and 170(c) guidance

Regulations concerning SALT credits, charitable

OMB’s Office of Information and Regulatory Affairs (OIRA) completed its review of final regulations from the U.S. Treasury Department (and review of a related notice providing guidance under sections 164 and 170(c)) with respect to provisions added to the Code by the U.S. tax law enacted in December 2017—(Pub. L. No. 115-97) the law that is at times referred to as the “Tax Cuts and Jobs Act” (TCJA).

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Treasury regulations that are identified as “major” regulations are subject to review by OMB’s OIRA before being issued, pursuant to Executive Order 13771. OIRA completed its review of the final regulations and the notice relating to sections 164 and 170(c) on May 31, 2019. The U.S. Treasury Department and IRS will now be expected to release these regulations and notice given that OIRA review has been concluded.

The regulations and notice are described on the OIRA website, as follows:

  • RIN: 1545-BO89: State and local tax (SALT) credits and charitable contributions (final regulations)

  • RIN: 1545-ZA06: Notice - guidance under sections 164 and 170(c)

On the OIRA website, a brief description about the final regulations is as follows: “Revising 26 CFR 1.170A regarding disallowance of the charitable contribution deduction for payments in exchange for consideration.”

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