IRS NEWS

[fnbplanet]

I just got this email from the IRS two hours ago.  I'm NOT a tax guru, and don't understand anything other than that it seems to apply to QBU's.  Reading this in the link provided is much easier.  May or may not apply to us, just curious as to why IRS is suddenly talking about foreign currency profit/loss.  Anyone want to interpret?  

 

Foreign Currency Guidance under Section 987 Notice 2018-57 I. PURPOSE This Notice announces that the Department of the Treasury (Treasury Department) and the Internal Revenue Service (IRS) intend to amend the regulations under section 987 to defer the applicability date of the final regulations under section 987, as well as certain related final and temporary regulations, by one additional year. The final regulations under section 987 were identified in Notice 2017-38, 2017-30 I.R.B. 147 (July 24, 2017), as significant tax regulations requiring additional review pursuant to Executive Order 13789. As part of that review, the Treasury Department and the IRS are considering changes to the final regulations that would allow taxpayers to elect to apply alternative rules for transitioning to the final regulations and alternative rules for determining section 987 gain or loss. II. BACKGROUND A. FINAL AND TEMPORARY REGULATIONS On December 8, 2016, the Treasury Department and the IRS published Treasury Decision 9794 (see 81 Fed. Reg. 88806), which contains final regulations relating to the determination of the taxable income or loss of a taxpayer with respect to a qualified business unit (QBU) subject to section 987 (a section 987 QBU); the timing, amount, character, and source of any section 987 gain or loss; and amendments to existing regulations under sections 861, 985, 988 and 989 (the final regulations). On that same 2 date, the Treasury Department and the IRS also published Treasury Decision 9795 (81 Fed. Reg. 88854), which contains temporary regulations under section 987, including the following: rules relating to the recognition and deferral of foreign currency gain or loss under section 987 in connection with certain QBU terminations and certain other transactions; an annual deemed termination election for a section 987 QBU; an elective method, available to taxpayers that make the annual deemed termination election, for translating all items of income or loss with respect to a section 987 QBU at the yearly average exchange rate; rules regarding the treatment of section 988 transactions of a section 987 QBU; rules regarding QBUs with the U.S. dollar as their functional currency; rules regarding combinations and separations of section 987 QBUs; rules regarding the translation of income used to pay creditable foreign income taxes; and rules regarding the allocation of assets and liabilities of section 987 aggregate partnerships (the temporary section 987 regulations). Treasury Decision 9795 also contains temporary regulations under section 988 requiring the deferral of certain section 988 loss that arises with respect to related-party loans (the temporary section 988 regulations, and with the temporary section 987 regulations, the temporary regulations). On October 16, 2017, the Treasury Department and the IRS published Notice 2017- 57, 2017-42 I.R.B. 324 (October 16, 2017), which announced that the Treasury Department and the IRS intend to defer the applicability date of the final regulations and the related temporary regulations by one year. B. APPLICABILITY DATES The final and temporary regulations were effective on December 7, 2016. Dates of applicability for §§1.987-1 through 1.987-10 are provided in §1.987-11. Specifically, 3 §1.987-11(a) states that, except as otherwise provided in §1.987-11, §§1.987-1 through 1.987-10 apply to taxable years beginning on or after one year after the first day of the first taxable year following December 7, 2016. Corresponding provisions under sections 861, 985, 988, and 989 also apply to taxable years beginning on or after one year after the first day of the first taxable year following December 7, 2016. See §§1.861- 9T(g)(2)(vi); 1.985-5(g); 1.988-1(i);1.988-4(b)(2)(ii); 1.989(a)-1(b)(4); 1.989(a)-1(d)(4). Following the amendments to such regulations described in Notice 2017-57, such regulations would apply to taxable years beginning on or after two years after the first date of the first taxable year following December 7, 2016. Similarly, §§1.987-1T (other than §§1.987-1T(g)(2)(i)(B) and (g)(3)(i)(H)) through 1.987-4T, 1.987-6T, 1.987-7T, and 1.988-1T (the related temporary regulations) apply to taxable years beginning on or after one year after the first day of the first taxable year following December 7, 2016. See §§1.987-1T(h); 1.987-2T(e); 1.987-3T(f); 1.987-4T(h); 1.987-6T(d); 1.987-7T(d); 1.988-1T(j). Following the amendments to such regulations described in Notice 2017-57, such regulations would apply to taxable years beginning on or after two years after the first date of the first taxable year following December 7, 2016. All other provisions in the temporary regulations, including the provisions relating to the deferral of section 987 gain or loss and the temporary section 988 regulations, are subject to different applicability dates. See §§1.987-1T(h) (concerning §§1.987- 1T(g)(2)(i)(B) and (g)(3)(i)(H)); 1.987-8T(g); 1.987-12T(j); 1.988-2T(j). A taxpayer may apply the final regulations and the related temporary regulations to taxable years beginning after December 7, 2016, provided the taxpayer consistently 4 applies those regulations to such taxable years with respect to all section 987 QBUs directly or indirectly owned by the taxpayer on the transition date as well as all section 987 QBUs directly or indirectly owned on the transition date by members that file a consolidated return with the taxpayer or by any controlled foreign corporation, as defined in section 957, in which a member owns more than 50 percent of the voting power or stock value, as determined under section 958(a). Sections 1.987-11(b); 1.987-1T(h); 1.987-2T(e); 1.987-3T(f); 1.987-4T(h); 1.987-6T(d); 1.987-7T(d). The transition date is the first day of the first taxable year to which §§1.987-1 through 1.987- 10 are applicable with respect to a taxpayer under §1.987-11. Section 1.987-11(c). III. AMENDED APPLICABILITY DATE The Treasury Department and the IRS intend to amend §§1.861-9T, 1.985-5, 1.987- 11, 1.987-1T through 1.987-4T, 1.987-6T, 1.987-7T, 1.988-1, 1.988-1T, 1.988-4, and 1.989(a)-1 to provide that the final regulations and the related temporary regulations will apply to taxable years beginning on or after the date that is three years after the first day of the first taxable year following December 7, 2016 (the amended applicability date). Thus, following the amendments described in this notice, for a taxpayer whose first taxable year after December 7, 2016, began on January 1, 2017, the final regulations would apply for the taxable year beginning on January 1, 2020. The related temporary regulations, which expire on December 6, 2019, will not become applicable. However, the amended applicability date will continue to apply for purposes of the notice of proposed rulemaking by cross-reference to the related temporary regulations. See REG-128276-12, 81 Fed. Reg. 88882 (Dec. 8, 2016). 5 A taxpayer, however, may choose under §1.987-11(b) to apply the final regulations and the related temporary regulations to a taxable year beginning after December 7, 2016 (subject to the conditions in §1.987-11(b)) and before the amended applicability date. The intended amendments would not affect the applicability date of the temporary regulations other than the related temporary regulations. IV. TAXPAYER RELIANCE Before the issuance of the amendments to the final regulations and the related temporary regulations described in section III of this Notice, taxpayers may rely on the provisions of this Notice regarding those proposed amendments. V. DRAFTING INFORMATION The principal author of this Notice is Steven D. Jensen of the Office of Associate Chief Counsel (International). For further information regarding this Notice, contact Steven D. Jensen at (202) 317-6938 (not a toll-free call).

 

 

IRS LINK

 

Wiki - Executive_Order_13789

 

[10 YEARS LATER]

No matter how much verbal diarrhea the IRS throws at us, bottom line is they’ve devised another way to bend us over and . . . You know the rest.

 

Thank you FNB For the IRS update-I’ll be asking my Tax Guy About this tomorrow-shame Google doesn’t have a translator for “ IRS  Mumbo Jumbo “

Edited June 13, 2018 by 10 YEARS LATER

[fnbplanet]

I hear ya.  I got dizzy just lookin' at it, but if there was something important there, thought I'd reach out and find someone to make sense of it.  If things weren't moving so fast in Iraq, I might not have given it a second thought....just that the timing seemed freaky.

[NextYear]

I read this three times now and I still don't know what the hell they are trying to tell us.  As 10 years later stated, I'm sure this is not good for us in the gains department.

Edited June 13, 2018 by NextYear

[nannab]

 

7 minutes ago, fnbplanet said:

rules relating to the recognition and deferral of foreign currency gain or loss under section 987 in connection with certain QBU terminations and certain other transactions; an annual deemed termination election for a section 987 QBU; an elective method, available to

 

This does look interesting otherwise I do not have a clue.   fnbplanet 

[fnbplanet]

If Trump really wants the economy to rip it, he'll let us off the tax hook.  THAT would be a free stimulus package to the USA.

[HeyJonesy]

§ 987. Branch transactions. In the case of any taxpayer having 1 or more qualified business units with a functional currency other than the dollar, taxable income of such taxpayer shall be determined—

 

Is this the corporations we set up?  (business units)

 

USCO is a calendar year taxpayer. UK is a QBU for section 987 purposes and conducts a foreign trade or business in pounds with a Pound functional currency for both U.S. GAAP and U.S. federal income tax purposes. USCO complies with section 987 based on the method set forth in the 1991 proposed regulations.

 

Ordinary income or loss. Section 987 gain or loss is ordinary income or loss for Federal income tax purposes.

 

It sounds like they are extending tax rules out a few years just to make sure they get their cut of money??  (as they always do... ) 

[normala rashid]

i used to sign form about tax before trade in usa market . I think they have starting to update policy since 2017 about taxpayers . 

[Pitcher]

1 hour ago, fnbplanet said:

If Trump really wants the economy to rip it, he'll let us off the tax hook.  THAT would be a free stimulus package to the USA.

 

 

I agree fnb but we both know with the US in debt 21T the IRS will definitely get their chunk of change off us.

[steveh12]

It says

We gonna Screw You!! 😁

[3n1]

I'll gladly do what the tax attorneys advise, nothing more or less ....... cheers dv

[ChuckFinley]

As they say in Oceans, " I hire professional and even they do not get it right". I am trusting that being in VIP is going to mean something.   

[jeepguy]

I look at it this way , if someone has 1 million dinar , after the rate change , and i.r.s. gets their money , and that person is left with 60 too 70 thousand ,. Think it is still a win!

[Starrider]

3 hours ago, jeepguy said:

I look at it this way , if someone has 1 million dinar , after the rate change , and i.r.s. gets their money , and that person is left with 60 too 70 thousand ,. Think it is still a win!

DITTO

Starr

 

[one2one]

i have never received any e-mails from the I.R.S. or know anyone who has.

how would the I.R.S. know if anyone exchanged small amounts of I.Q.D. , like at the airport ?

[nannab]

2 minutes ago, one2one said:

i have never received any e-mails from the I.R.S. or know anyone who has.

how would the I.R.S. know if anyone exchanged small amounts of I.Q.D. , like at the airport ?

 

 

 

Hmmmm under $10,000.00  I like the way you think one2one. 

[stangernan]

39 minutes ago, steveh12 said:

It says

We gonna Screw You!! 😁

That's the Chinese translation  not Iraqi...….

[Rugbylaird19]

Not sure if it was this site but someone once threw out the idea of going to Vegas with their Dinar (where other people from all over the world visit arriving with their own currency). Exchange their Dinar for chips. Don't gamble!!!. Go up to you room, have a nice dinner and leave the next day (cashing out before you leave) and unless you asked specifically for the exchange to be in your own country's currency, the cashier would probably give you dollars. Not suggesting anything. LOL.

[Flash101]

3 hours ago, stangernan said:

That's the Chinese translation  not Iraqi...….

Perfect

 

101

[Starrider]

3 hours ago, Flash101 said:

Perfect

 

101

 

Starr

 

[one2one]

8 minutes ago, nannab said:

 

 

 

Hmmmm under $10,000.00  I like the way you think one2one. 

 

not many people know about or even own I.Q.D. --therefore i don't see the I.R.S. paying much attention to it

[Starrider]

3 hours ago, Flash101 said:

Perfect

 

101

Glad to see ya back I hope your doing better up in northern Mi.

 

Starr

[Flash101]

3 hours ago, Starrider said:

Glad to see ya back I hope your doing better up in northern Mi.

 

Starr

I got my prob's from the surgery but waiting for the summer to end before I go back.

Thnx I'll call ya tonite around 9ish my time.

 

 

101

[stangernan]

4 minutes ago, Starrider said:

Glad to see ya back I hope your doing better up in northern Mi.

 

Starr

Ditto….

[pokerplayer]

10 minutes ago, one2one said:

 

not many people know about or even own I.Q.D. --therefore i don't see the I.R.S. paying much attention to it

 

Don't bet on it.............

 

  pp