Regulations - Net investment income tax  

November 26: The Treasury Department and IRS this afternoon released for publication in the Federal Register final regulations (T.D. 9644) and by cross-reference, proposed regulations (REG-130843-13) relating to the “net investment income tax.”

In light of the late release of these regulations, the purpose of this report is simply to provide text of the regulations.

  • The 57-page final regulations [PDF 561 KB] finalize regulations that were proposed in 2012 and provide guidance on the application and computation of the “net investment income tax.” These final regulations are effective on December 2, 2013 (their scheduled date of publication in the Federal Register).

  • The 24-page proposed regulations [PDF 307 KB] concern two issues that were identified in the 2012 proposed regulations—issues that Treasury and the IRS will study further: (1) the treatment of accumulation distributions from foreign trusts; and (2) material participation of estates and trusts. Comments on these issues are due 90 days after the proposed regulations’ December 2 publication date.

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