Correction to TD 9465

Copy of TD 9465.pdf

REG-120509-06 (TD 9465 -Final), Determination of Interest Expense Deduction of Foreign Corporations

Correction to TD 9465

OMB: 1545-2030

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Federal Register / Vol. 74, No. 213 / Thursday, November 5, 2009 / Rules and Regulations

to be misleading and are in need of
clarification.

ACTION:

List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.

SUMMARY: This document contains a
correction to final regulations (TD 9465)
that were published in the Federal
Register on Monday, September 28,
2009 (74 FR 49315) concerning the
determination of the interest expense
deduction of foreign corporations
engaged in a trade or business within
the United States. These final
regulations conform the interest expense
rules to recent U.S. Income Tax Treaty
agreements and adopt other changes to
improve compliance.

Correction of Publication
Accordingly, 26 CFR part 1 is
corrected by making the following
correcting amendments:

■

PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 continues to read in part as
follows:

■

Authority: 26 U.S.C. 7805 * * *

Par. 2. Section 1.882–5 is amended by
revising the first sentence of paragraph
(f)(1) to read as follows:

■

§ 1.882–5 Determination of interest
deduction.

*
*
*
*
(f) Effective/applicability date. (1)
This section is applicable for taxable
years ending on or after August 15,
2009. * * *
*
*
*
*
*
■ Par. 3. Section 1.884–1 is amended by
revising the fifth sentence of paragraph
(e)(5) Example 2. (i) to read as follows:
*

Branch profits tax.

*
*
(e) * * *
(5) * * *

*

*

Example 2. (i) * * * As a result of the
election, assuming A’s U.S. assets and U.S.
liabilities would otherwise have remained
constant, A’s U.S. net equity as of the close
of 2007 will increase by the amount of the
decrease in liabilities ($60) from $200 to $260
and its ECEP will be reduced to zero. * * *

*

*

*

*

*

LaNita Van Dyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel, (Procedure and Administration).
[FR Doc. E9–26274 Filed 11–4–09; 8:45 am]
BILLING CODE 4830–01–P

DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 1 and 602
[TD 9465]
erowe on DSK5CLS3C1PROD with RULES

RIN 1545–BF71

Determination of Interest Expense
Deduction of Foreign Corporations;
Correction
AGENCY: Internal Revenue Service (IRS),
Treasury.

VerDate Nov<24>2008

14:36 Nov 04, 2009

Jkt 220001

DATES: This correction is effective on
November 5, 2009, and is applicable on
September 28, 2009.
FOR FURTHER INFORMATION CONTACT:
Anthony J. Marra, (202) 622–3870 (not
a toll-free number).
SUPPLEMENTARY INFORMATION:

*

§ 1.884–1

Correction to final regulations.

Background
The final regulations (TD 9465) that
are the subject of this document are
under sections 882 and 884 of the
Internal Revenue Code.
Need for Correction
As published, the final regulations
(TD 9465) contain an error that may
prove to be misleading and is in need
of clarification.
Correction of Publication
Accordingly, the publication of the
final regulations (TD 9465), which were
the subject of FR Doc. E9–22867, is
corrected as follows:
On page 49315, column 3, in the
preamble, under the caption DATES, the
language ‘‘These final regulations are
effective September 28, 2009.’’ is
corrected to read ‘‘Effective Date: These
final regulations are effective on
September 28, 2009.
Applicability Date: These final
regulations are applicable for taxable
years ending on or after August 15,
2009. A taxpayer may choose to apply
the temporary regulations (TD 9281, 71
FR 47443), rather than applying the
final regulations, for any taxable year
beginning on or after August 16, 2008,
but before August 15, 2009.’’.
LaNita Van Dyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel, Procedure and Administration.
[FR Doc. E9–26272 Filed 11–4–09; 8:45 am]
BILLING CODE 4830–01–P

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POSTAL REGULATORY COMMISSION
39 CFR Parts 3001 and 3004
[Docket No. RM2009–6; Order No. 322]

Freedom of Information Act
Regulations
Postal Regulatory Commission.
Final rule.

AGENCY:
ACTION:

SUMMARY: The Commission is adopting
final rules related to the Freedom of
Information Act. The final rules reflect
several changes made in response to
commenters’ suggestions. They
implement recent amendments
clarifying the relationship of these rules
to others, and make minor editorial and
conforming changes.
DATES: Effective December 7, 2009.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Sharfman, General Counsel,
202–789–6820 or
stephen.sharfman@prc.gov.
SUPPLEMENTARY INFORMATION: Regulatory
History, 74 FR 33388 (July 13, 2009).

I. Introduction
II. Comments
III. Discussion
IV. Section-by-Section Analysis of the Rules
V. Ordering Paragraphs

I. Introduction
In this order, the Postal Regulatory
Commission (Commission) adopts rules
which govern processing of Freedom of
Information Act (FOIA), 5 U.S.C. 552,
requests. These final rules revise
procedures for the Commission’s
handling of FOIA requests to reflect the
Openness Promotes Effectiveness in our
National Government Act of 2007,
Public Law 110–175, 121 Stat. 2524
(OPEN Government Act). The
Commission finds these updates
necessary in light of statutory changes
and policy direction from the President
and the Attorney General.1
The Commission proposed changes to
its FOIA rules (39 CFR part 3004) in
Order No. 230.2 The substantive
changes included a declaration of a
presumption of openness, a provision to
allow partial grants of requests, a
mechanism for requesters to receive a
tracking number for each FOIA request,
1 See OPEN Government Act, Public Law 110–
175, 121 Stat. 2524 (2007); see also Memorandum
for the Heads of Executive Departments and
Agencies, January 21, 2009, 74 FR 4683 (January 26,
2009); and Office of the Attorney General,
Memorandum for Heads of Executive Departments
and Agencies (March 19, 2009); and Department of
Justice Office of Information Policy FOIA Post 8,
April 17, 2009.
2 PRC Order No. 230, Notice of Proposed
Rulemaking to Establish Procedures for the
Freedom of Information Act, July 1, 2009 (Order No.
230).

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