Article: IRS Issues Final Regulations Addressing Gain Recognition Agreements.

The new 367(a) regulations amend the 1997 rules and are generally favorable for taxpayers.

On February 11, 2009, the Internal Revenue Service (IRS) issued final regulations under section 367(a) addressing gain recognition agreements (GRAs) filed by U.S. persons with respect to transfers of stock or securities to foreign corporations. The final regulations revise and broaden temporary regulations issued in 2007 and amend the 1997 regulations.

The final regulations are generally taxpayer favorable, expanding the types of transactions that will not be treated as "triggering" existing GRAs. Additionally, the final regulations provide taxpayers with an ...

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