Share with your friends

Proposed regulations: Revised applicability date for regulations under section 382(h) related to built-in gain, loss

Proposed regulations

The U.S. Treasury Department and IRS this afternoon released for publication in the Federal Register proposed regulations that would delay the date of applicability of regulations under section 382(h) concerning built-in gains and losses.


Related content

Today’s release [PDF 308 KB] withdraws a portion of a notice of proposed rulemaking (September 2019) that included proposed rules to provide guidance regarding the items of income and deduction that are included in the calculation of built-in gains and losses under section 382. If finalized, the September 2019 proposed rules would apply to any ownership change occurring after the date the Treasury decision adopting those proposed rules as a final regulation is published in the Federal Register. Read a KPMG report about the September 2019 proposed regulations: TaxNewsFlash

Today’s notice of proposed rulemaking would delay the applicability of those proposed rules and provide transition relief for eligible taxpayers. 

The KPMG name and logo are trademarks used under license by the independent member firms of the KPMG global organization. KPMG International Limited is a private English company limited by guarantee and does not provide services to clients. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavor to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. For more information, contact KPMG's Federal Tax Legislative and Regulatory Services Group at: + 1 202 533 4366, 1801 K Street NW, Washington, DC 20006.

Connect with us


Want to do business with KPMG?


loading image Request for proposal