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TREAS/IRS RIN: 1545-BP32 Publication ID: Spring 2021 
Title: Revisions to the Section 168(k) Final Regulations 

Proposed regulations REG-104397-18 were issued on 8/8/2018, and provide rules for implementing modifications to 26 U.S.C. 168(k) made by the enactment of Public Law 115-97 (Tax Cuts and Jobs Act of 2017). Final regulations REG-104397-18 were issued on 09/24/2019; however, certain aspects of proposed regulations REG-104397-18were reproposed as REG-106808-19 as a result of comments received on proposed regulations REG-104397-18. Final regulations REG-106808-19 were issued on 11/10/2020 and address the comments received on proposed regulations REG-106808-19. Technical corrections to final regulations REG-106808-19 may be needed.

Agency: Department of the Treasury(TREAS)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 26 CFR 1.168(k)-2   
Legal Authority: 26 U.S.C. 7805    26 U.S.C. 168(k)    Pub. L. 115-97 (2017 Tax Cuts and Jobs Act)   
Legal Deadline:  None
Action Date FR Cite
NPRM  09/24/2019  84 FR 50152   
NPRM Comment Period End  11/25/2019 
Final Regulations (TD 9916)  11/10/2020  85 FR 71734   
Final Regulations Effective  01/21/2021 
Final Regulations; Correction (TD 9916)  12/00/2021 
Additional Information: REG-106808-19 Drafter attorney: Elizabeth R. Binder (202) 317-4869 Reviewer attorney: Kathleen Reed (202) 317-4660 Treasury attorneys: Colin Campbell (202) 622-2721; and Tim Powell (202) 923-8059 and Wendy Friese (202) 622-5721 CC:ITA
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Elizabeth R. Binder
Department of the Treasury
Internal Revenue Service
1111 Constitution Avenue NW.,
Washington, DC 20224
Phone:202 317-4869
Fax:855 576-2341