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TREAS/IRS RIN: 1545-BO39 Publication ID: Fall 2022 
Title: Rules Regarding Charitable Contributions of Inventory Under Section 170(e)(3) 

This project was initiated to provide new and updated definitions at section 1.48-9 of the Income Tax Regulations for energy property eligible for the energy credit under 26 U.S.C. 48. Due to statutory amendments, Treasury Regulation section 1.48-9 does not currently reflect 26 U.S.C. section 48. We anticipate that the proposed regulations will also provide other rules applicable to energy property, such as rules for dual use property, application of the 80/20 Rule to retrofitted energy property, and eligibility of off-site components of energy property. Public Law 117-169, 136 Stat. 1818 (August 16, 2022), commonly known as the Inflation Reduction Act of 2022 (IRA), made several changes to section 48. Notice 2022-49, 2022-43 I.R.B. 321, requests comments on the changes made to section 48 by the IRA. Therefore, we anticipate that these proposed regulations will also address issues raised due to the IRA amendments.

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 
CFR Citation: 26 CFR 1.170A-4A   
Legal Authority: 26 U.S.C. 7805    26 U.S.C. 170(e)(3)   
Legal Deadline:  None
Action Date FR Cite
NPRM  01/00/2023 
Additional Information: REG-133336-17 (NPRM) Drafter attorney: Daniel Cassano (202) 317-4848 Reviewer attorney: Norma Rotunno (202) 317-4886 Treasury attorney: N/A CC:ITA
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Daniel Cassano
Department of the Treasury
Internal Revenue Service
1111 Constitution Avenue NW.,
Washington, DC 20002
Phone:202 317-4848
Fax:855 576-2336