IRS Advice on Treaties for Branch Profits Tax on Hybrid Entities

The IRS has issued Associate Chief Counsel Advice (AM 2025-002) regarding the application of U.S. income tax treaties to the branch profits tax for hybrid entities. The advice clarifies the extent of treaty relief available for foreign entities that are fiscally transparent in their home country but treated as corporations for U.S. tax purposes, specifically addressing scenarios involving U.S. permanent establishments and U.S.-Country Y tax treaties.

IRS Memo on Periodic Adjustments and Arm's Length Standard

The IRS issued Associate Chief Counsel Advice Memorandum AM2025-001 to clarify guidance on periodic adjustments and the arm's length standard under Section 482. This memo updates prior advice and addresses how taxpayers can overcome periodic adjustments by invoking the general arm's length standard or best method rule.

IRS Memo on Source of Gain from Stock Dispositions

The IRS issued Associate Chief Counsel Advice AM2024-005 clarifying the source of gain from certain stock dispositions for U.S. citizens who become bona fide residents of Puerto Rico. The memo addresses situations involving S corporations and partnerships, providing specific conclusions on whether such gains are considered derived from Puerto Rico sources for tax exclusion purposes.

IRS: Carbon Offset Credits Must Be Included in Gross Income

The IRS Associate Chief Counsel issued guidance clarifying that operators of offset projects must include the value of carbon offset credits granted by the California Air Resources Board (CARB) in their gross income. This advice addresses the tax treatment of credits issued under California's Cap-and-Trade Program.

IRS Field Attorney Advice: LLC Units Transfer to Tax-Exempt Entity

The IRS issued Field Attorney Advice (FAA) regarding a purported transfer of LLC units to a tax-exempt entity. The advice concludes that the transfer lacks economic substance and should not be respected for federal income tax purposes, meaning partnership income allocated to the transferred interests is taxable to the transferors.

IRS Legal Advice on Net Operating Loss Deductions

The IRS Office of Chief Counsel has issued legal advice regarding a taxpayer's application for a tentative refund based on a net operating loss (NOL) carryback. The advice addresses the taxpayer's NOL deduction claim, which stems from losses incurred by an S corporation and relates to a bankruptcy case.

IRS Legal Advice: NOL Carryback After Spin-Off

The IRS Office of Chief Counsel issued Field Attorney Advice stating that a taxpayer should not be allowed to allocate cumulative income from certain subsidiaries to a successor entity after a spin-off transaction if those subsidiaries remained owned by the taxpayer. This advice clarifies that such an allocation would be an inappropriate expansion of the Separate Return Limitation Year (SRLY) limitation.

IRS Memo on Statute of Limitations for 1120F SFR

The IRS Field Attorney Advice memo clarifies that a foreign corporation that incorrectly filed as a domestic insurance company (Form 1120-PC) but should have filed as a foreign corporation (Form 1120-F) will have the same statute of limitations as the incorrectly filed return. This applies even if the IRS files the Form 1120-F under IRC § 6020(b).

IRS Legal Memo on Disclosure Statement and IRC Section 6103

The IRS issued Field Attorney Advice (FAA) GL-104768-24 addressing disclosure of partner personal information within partnership tax proceedings. The memo clarifies when sharing such information is permissible under IRC Section 6103, distinguishing between information received from outside the IRS and information generated internally.

MARAD Foreign Vessel Coastwise Trade Request - ALOLKOY

The Maritime Administration (MARAD) has received a request for the use of the foreign vessel ALOLKOY in U.S. coastwise trade. This notice serves to inform the public and solicit potential objections or comments regarding this request.