T.D. 9839

26 CFR 301.6223-1, 301.6223-2, 301.9100-22

DEPARTMENT OF THE TREASURY

Internal Revenue Service 26 CFR Part 301

Partnership Representative under the Centralized Partnership Audit Regime and Election to Apply the Centralized Partnership Audit Regime

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Final regulation and removal of temporary regulations.

SUMMARY: This document contains final regulations regarding the designation and authority of the partnership representative under the centralized partnership audit regime, which was enacted into law on November 2, 2015 by section 1101 of the Bipartisan Budget Act of 2015 (BBA). These final regulations affect partnerships for taxable years beginning after December 31, 2017. This document also contains final regulations and removes temporary regulations regarding the election to apply the centralized partnership audit regime to partnership taxable years beginning after November 2, 2015 and before January 1, 2018 under section 1101(g)(4) of the BBA. These final regulations affect partnerships for taxable years beginning after November 2, 2015 and before January 1, 2018.

DATES: Effective date: These regulations are effective on August 9, 2018.

Applicability Date: For dates of applicability, see 301.6223-1(h), 301.62232(f), and 301.9100-22(e).

FOR FURTHER INFORMATION CONTACT: Concerning the regulations under 301.6223-1 and 301.6223-2, Joy E. Gerdy Zogby of the Office of Associate Chief Counsel (Procedure and Administration), [phone]; concerning 301.9100-22, Jennifer M. Black of the Office of Associate Chief Counsel (Procedure and Administration), [phone] (not toll-free numbers).

SUPPLEMENTARY INFORMATION:

Background

This document contains final regulations to amend the Procedure and Administration Regulations (26 CFR Part 301) under Subpart - Tax Treatment of Partnership Items to implement the rules for the partnership representative under the centralized partnership audit regime enacted by section 1101 of the BBA, Public Law 114-74. Section 1101 of the BBA was amended on December 18, 2015, by the Protecting Americans from Tax Hikes Act of 2015, Public Law 114-113, and on March 23, 2018 by the Tax Technical Corrections Act of 2018, which was enacted into law as part of the Consolidated Appropriations Act of 2018, Public Law 115-141. Section 301.6223-1 provides the rules regarding the designation of the partnership representative, 301.6223-2 provides the rules regarding the authority of the partnership representative, and 301.9100-22 provides the rules for making the election under section 1101(g) (4) of the BBA with respect to...