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IRS to Remove Documentation Requirements from Section 385 Debt-Equity Regs

25 September 2018

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Proposed Changes

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United States

On 24 September 2018, a notice of proposed rulemaking (REG-130244-17) from the U.S. Department of the Treasury was published in the Federal Register. The notice announces the proposed removal of the documentation requirements under Section 385 that ordinarily must be satisfied in order for certain related-party interests in a corporation to be treated as indebtedness for federal tax purposes (Documentation Regulations). The notice also proposes conforming amendments to other final regulations to reflect the proposed removal of the Documentation Regulations. The final regulations to be amended and removed generally affect corporations that issue purported indebtedness to related corporations or partnerships....