Regulations pending OIRA review: Dividend received deduction, branch loss recapture

Regulations pending OIRA review

OMB’s Office of Information and Regulatory Affairs (OIRA) reported having received for review from the U.S. Treasury Department an “interim final rule” as guidance under sections 91 and 245A.


OIRA noted that these regulations concern measures under the 2017 tax law (Pub. L. No. 115-97)—the law that is referred to as the “Tax Cuts and Jobs Act” (TCJA). Treasury regulations that are identified as “major” regulations are subject to review by OMB’s OIRA before being issued, pursuant to Executive Order 13771.

According to OIRA, the regulations were received May 14, 2019. The guidance is listed as:

  • 1545-BO64: Regulations under sections 91 and 245A [TCJA]  

A brief description of these regulations, as provided on the OIRA website, is:

Regulations will address dividend received deduction issues under section 245A and branch loss recapture issues under section 91.

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