This document contains final regulations that provide guidance regarding certain changes made to the rules governing S corporations under the American Jobs Creation Act of 2004 and the Gulf Opportunity Zone Act of 2005. The final regulations replace obsolete references in the current regulations and allow taxpayers to make proper use of the provisions that made changes to prior law. The final regulations include guidance on the S corporation family shareholder rules, the definitions of
US Code:
26 USC 1361
Name of Law: S corporation defined
US Code:
26 USC 1362
Name of Law: Election; revocation; termination
PL: Pub.L. 108 - 357 231, 232, 233, 234, 235, 236.. Name of Law: American Jobs Creation Act of 2004
PL: Pub.L. 109 - 135 403 and 413 Name of Law: Gulf Opportunity Zone Act of 2005
PL: Pub.L. 104 - 188 1305(a) Name of Law: Small Business Job Protection Act of 1996
This is a new collection of information associated with final rulemaking under TD 9244. The information will be used to determine the number of shareholders of the corporation in which the trust holds stock and whether the corporation is an eligible S corporation. The final rule was published August 14, 2008, at 73 FR 47526. This action is being taken to activate the OMB number assigned to the NPRM as "file with comment."
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.