Final §965 Transition Tax Regulations Published by the IRS

The IRS has released the final regulations on the IRC §965 transition tax enacted as part of the Tax Cuts and Jobs Act.  Those regulations can be downloaded via the link below:

Final Regulations Under IRC §965

The regulations document was initially issued without a Treasury document number—the PDF shows the citation as TD XXXX.

For the most part the final regulations are the same as the proposed regulations issued in August.  The regulations incorporate guidance found in four notices (Notices 2018-7, 2018-13, 2018-26 and 2018-78) that were issued after the enactment of the Tax Cuts and Jobs Act.

There were some liberalizing changes made in the determination of aggregate foreign cash position and cash position for computing the portion of the amount subject to a higher rate of tax.