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TREAS/IRS RIN: 1545-BM31 Publication ID: Spring 2025 
Title: Section 280F(d)(6) Business Use Percentage 
Abstract:

These proposed regulations provide rules for an aircraft owner that leases an aircraft to any 5-percent owner or related person and wants to include, as a qualified business use, use of such aircraft by an individual who is a 5-percent owner or related person with respect to the aircraft owner or lessee directly in the trade or business of the lessee.  The proposed regulations are partially in response to a comment letter submitted by the National Business Aviation Association in response to Notice 2013-22, suggesting that the holding in TAM 200945037 (July 29, 2009) was unreasonable in that the TAM would treat all flights on leased aircraft as nonbusiness flights for purposes of section 280F(b)(6)(C).

 
Agency: Department of the Treasury(TREAS)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 14192 Designation: Other 
CFR Citation: 26 CFR 1.280 F-6   
Legal Authority: 26 U.S.C. 7805    26 U.S.C. 280F(e)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  05/00/2026 
Additional Information: REG-134191-13 (NPRM) Drafter attorney: Knolan Smith (202) 317-5425 Reviewer attorney: Chuck Magee (202) 317-4653 Treasury attorney: Shamik Trivedi (202) 622-6288 CC:ITA
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Knolan D Smith
Attorney
Department of the Treasury
Internal Revenue Service
1111 Constitution Avenue NW,
Washington, DC 20224
Phone:202 317-5425
Fax:855 576-2341
Email: knolan.d.smith@irscounsel.treas.gov