International Tax ADVISORY: Section 721(c) Partnership Regulations Arrive Just in Time

Written by and

On January 18, 2017, the IRS issued temporary and proposed regulations (T.D. 9814) under section 721(c) to address transfers of appreciated property by U.S. persons to partnerships with related foreign partners. With some alterations, these regulations deliver on guidance announced in Notice 2015-54, released in August 2015 (see our prior coverage of Notice 2015-54 here). The regulations incorporate a number of taxpayer-friendly updates in response to comments on the Notice. The prospect of further direction in this area, however, including guidance under Sections 482 and 6662 as described in the Notice, is uncertain given recent pronouncements by the Trump Administration to curb and scale back the regulatory landscape—to say nothing of the implications of any comprehensive tax reform.

Read the entire advisory here.