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Regulations pending OIRA review: Stock or indebtedness, interest in corporations

Stock or indebtedness, interest in corporations

OMB’s Office of Information and Regulatory Affairs (OIRA) has received for review from the U.S. Treasury Department regulations concerning the tax treatment of certain interest in corporations as stock or indebtedness.


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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.

The regulations being reviewed by OIRA are designated as being at the “prerule” stage. It is uncertain what this means, and there is scant information about these regulations provided by OIRA on its website. Tax professionals suspect that these regulations could concern section 385.

According to OIRA, the regulations received for review on October 8, 2019, are identified as:

  • RIN: 1545-BP51 -  The treatment of certain interests in corporations as stock or indebtedness

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