[Federal Register: May 6, 2004 (Volume 69, Number 88)]
[Rules and Regulations]
[Page 25315-25316]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06my04-7]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9126]
RIN 1545-BB10
Section 704(b) and Capital Account Revaluations
AGENCY: Internal Revenue Service (IRS), Treasury.
[[Page 25316]]
ACTION: Final regulations.
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SUMMARY: This document contains final regulations relating to the
capital account maintenance rules under section 704 of the Internal
Revenue Code. These regulations expand the rules regarding a
partnership's right to adjust capital accounts to reflect unrealized
appreciation and depreciation in the value of partnership assets.
DATES: Effective Date: These regulations are effective May 6, 2004.
FOR FURTHER INFORMATION CONTACT: Laura Nash at (202) 622-3050 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
Background
On July 2, 2003, proposed regulations [68 FR 39498] relating to the
capital account maintenance rules under section 704 of the Internal
Revenue Code (Code) were published in the Federal Register. The
proposed regulations expanded the circumstances under which a
partnership is permitted to increase or decrease the capital accounts
of the partners to reflect a revaluation of partnership property on the
partnership's books. Specifically, the regulations proposed to allow
revaluations in connection with the grant of an interest in the
partnership (other than a de minimis interest) on or after the date
these final regulations are published in the Federal Register as
consideration for the provision of services to or for the benefit of
the partnership by an existing partner acting in a partner capacity, or
by a new partner acting in a partner capacity or in anticipation of
being a partner. In addition, the notice of proposed rulemaking
requested comments on other situations in which revaluations of
partnership property should be permitted. No written or electronic
comments were received in response to the notice of proposed
rulemaking. No requests for a public hearing were received, and
accordingly, no hearing was held.
Explanation of Provisions
This Treasury decision adopts the proposed regulations without
change. The regulations apply to the grant of an interest in a
partnership (other than a de minimis interest) on or after May 6, 2004,
as consideration for the provision of services to or for the benefit of
the partnership by an existing partner acting in a partner capacity, or
by a new partner acting in a partner capacity or in anticipation of
being a partner.
Special Analysis
It has been determined that this Treasury decision is not a
significant regulatory action as defined in Executive Order 12866.
Therefore, a regulatory assessment is not required. It has also been
determined that section 553(b) of the Administrative Procedure Act (5
U.S.C. chapter 5) does not apply to these regulations, and because
these regulations do not impose a collection of information on small
entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not
apply. Pursuant to section 7805(f) of the Code, the notice of proposed
rulemaking preceding these regulations was submitted to the Chief
Counsel for Advocacy of the Small Business Administration for comment
on its impact on small businesses.
Drafting Information
The principal author of these regulations is Laura Nash, Office of
Associate Chief Counsel (Passthroughs and Special Industries), IRS.
However, other personnel from the IRS and Treasury Department
participated in their development.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and record keeping requirements.
Adoption of Amendments to the Regulations
0
Accordingly, 26 CFR part 1 is amended as follows:
PART 1--INCOME TAXES
0
Paragraph 1. The authority citation for part 1 continues to read, in
part, as follows:
Authority: 26 U.S.C. 7805. * * *
0
Par. 2. Section 1.704-1 is amended as follows:
0
1. Paragraph (b)(2)(iv)(f)(5)(iii) is redesignated as paragraph
(b)(2)(iv)(f)(5)(iv).
0
2. New paragraph (b)(2)(iv)(f)(5)(iii) is added to read as follows:
Sec. 1.704-1 Partner's distributive share.
* * * * *
(b) * * *
(2) * * *
(iv) * * *
(f) * * *
(5) * * *
(iii) In connection with the grant of an interest in the
partnership (other than a de minimis interest) on or after May 6, 2004,
as consideration for the provision of services to or for the benefit of
the partnership by an existing partner acting in a partner capacity, or
by a new partner acting in a partner capacity or in anticipation of
being a partner.
* * * * *
Mark E. Matthews,
Deputy Commissioner for Services and Enforcement.
Approved: April 29, 2004.
Gregory F. Jenner,
Acting Assistant Secretary of the Treasury.
[FR Doc. 04-10360 Filed 5-5-04; 8:45 am]
BILLING CODE 4830-01-P