Final regulations - Election to treat sales of target’s stock as sales of target’s assets 

May 10:  The Treasury Department and IRS late this afternoon released for publication in the Federal Register final regulations (T.D. 9619) under section 336(e) allowing taxpayers in certain limited situations to elect to treat sales, exchanges, and distributions of a target corporation’s stock as taxable sales of the target’s assets.

Read the final regulations T.D. 9619 [PDF 341 KB]

Treasury and the IRS issued the proposed regulations in August 2008. Written comments were received in response to the proposed regulations; a public hearing was not requested and none was held. According to the preamble to today’s release, the final regulations in adopting the proposed regulations generally follow the approach of the proposed regulations with some modifications.

Read a preliminary description of the proposed regulations: TaxNewsFlash-United States (August 22, 2008)

The final regulations are effective on the date of publication in the Federal Register, which is scheduled for Wednesday, May 15, 2013.

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