Reg. § 1.901(m)-8 Miscellaneous.
(a) In general This section provides guidance on other matters under section . of this section provides guidance on the application of section to pre-1987 foreign income taxes. of this section provides anti-abuse rules relating to built-in loss assets. of this section provides guidance on the interaction of section and section . of this section provides applicability dates.
(b) Application of section 901(m) to pre-1987 foreign income taxes Section and through apply to pre-1987 foreign income taxes (as defined in ) of an applicable foreign corporation.
(c) Anti-abuse rule for built-in loss RFAs A basis difference with respect to an RFA described in section (built-in loss RFA) will not be taken into account for purposes of computing an allocated basis difference for a U.S. taxable year of a section payor if any RFA, including an RFA other than built-in loss RFAs, is acquired with a principal purpose of using one or more built-in loss RFAs to avoid the application of section . Furthermore, a basis difference with respect to a built-in loss RFA will not be taken into account for purposes of the cumulative basis difference exemption or the RFA class exemption under if any RFAs, including RFAs other than built-in loss RFAs, are acquired with a principal purpose of avoiding the application of section .
(d) Interaction with section 909 The amount of a foreign income tax that is disqualified under section is determined before applying section . However, section may apply to suspend a deduction for the amount of a foreign income tax that is disqualified under section .
(e) Applicability dates This section applies to CAAs occurring on or after March 23, 2020. Taxpayers may, however, choose to apply this section before the date this section is applicable provided that they (along with any persons that are related (within the meaning of section or ) to the taxpayer)—
(1) Consistently apply this section, through , , and through (excluding ) to all CAAs occurring on or after January 1, 2011, and consistently apply (excluding ) to all CAAs occurring on or after December 7, 2016, on any original or amended tax return for each taxable year for which the application of the provisions listed in this affects the tax liability and for which the statute of limitations does not preclude assessment or the filing of a claim for refund, as applicable;
(2) File all tax returns described in of this section for any taxable year ending on or before March 23, 2020, no later than March 23, 2021; and
(3) Make appropriate adjustments to take into account deficiencies that would have resulted from the consistent application under of this section for taxable years that are not open for assessment.
[T.D. 9895, 85 FR 16267, Mar. 23, 2020]