03 October 2016

Section 385 Final Regulations Sent to OIRA for Review

The 385 final regulations were listed as being under White House Office of Information and Regulatory Affairs (OIRA) review. See below and link.

Accordingly, this means: (1) final regulations are ready for review as far as Treasury/IRS are concerned but still could change; (2) OIRA has up to 90 days to review the regulations but could move more quickly; and (3) OIRA could ask Treasury to reconsider its approach and make changes to the regulations.

Importantly, the description of the final regulations states that they are not economically significant and that they have no international impact. This is different from the description of the proposed regulations which stated that the proposed regulations were "Major," were "economically significant," and that they "will be likely to have international trade and investment effects, or otherwise be of international interest."

We will keep you posted of any further developments.

Office of Information and Regulatory Affairs (OIRA)

Executive Order Submissions Under Review

September 30, 2016

AGENCY: TREAS-IRS

RIN: 1545-BN40

Status: Pending Review

TITLE: Treatment of Certain Interests in Corporations

STAGE: Final Rule

ECONOMICALLY SIGNIFICANT: No

** RECEIVED DATE: 09/30/2016

LEGAL DEADLINE: None

Document ID: 2016-1674