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Reorganizations Under Section 368(a)(1)(F); Section 367(a) and Certain Reorganizations Under Section 368(a)(1)(F); Correction

---
identifier: "/us/fr/2015-30869"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Reorganizations Under Section 368(a)(1)(F); Section 367(a) and Certain Reorganizations Under Section 368(a)(1)(F); Correction"
title_number: 0
title_name: "Federal Register"
section_number: "2015-30869"
section_name: "Reorganizations Under Section 368(a)(1)(F); Section 367(a) and Certain Reorganizations Under Section 368(a)(1)(F); Correction"
positive_law: false
currency: "2015-12-08"
last_updated: "2015-12-08"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Treasury Department"
document_number: "2015-30869"
document_type: "rule"
publication_date: "2015-12-08"
agencies:
  - "Treasury Department"
  - "Internal Revenue Service"
cfr_references:
  - "26 CFR Part 1"
rin: "1545-BF51"
fr_citation: "80 FR 76205"
fr_volume: 80
docket_ids:
  - "TD 9739"
effective_date: "2015-12-08"
fr_action: "Correcting amendment."
---

#  Definition of terms.

**AGENCY:**

Internal Revenue Service (IRS), Treasury.

**ACTION:**

Correcting amendment.

**SUMMARY:**

This document contains corrections to final regulations (TD 9739) that provide guidance regarding the qualification of a transaction as a corporate reorganization under section 368(a)(1)(F), and which were published in the *Federal Register* on Monday, September 21, 2015 (80 FR 56904).

**DATES:**

This correction is effective December 8, 2015 and applicable September 21, 2015.

**FOR FURTHER INFORMATION CONTACT:**

Douglas C. Bates at (202) 317-6065 (not a toll-free number).

**SUPPLEMENTARY INFORMATION:**

**Background**

The final regulations (TD 9739) that are the subject of this correction are under section 367 and 368 of the Internal Revenue Code.

**Need for Correction**

As published, the final regulation (TD 9739) contains errors that may prove to be misleading and are in need of clarification.

**List of Subjects in 26 CFR Part 1**

Income taxes, Reporting and recordkeeping requirements.

**Correction of Publication**

Accordingly, 26 CFR part 1 is amended by making the following correcting amendments:

**26 CFR Part 1**

**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 * * *

**26 CFR Part 1**

*Par. 2.* Section 1.368-2 is amended by revising the last sentence of paragraph (m)(4) *Example 5.* and revising the third sentence of *Example 7.* to read as follows:

§ 1.368-2

(m) * * *

(4) * * *

**Example 5.**

* * * The result would be the same with respect to qualification under section 368(a)(1)(F) if, instead of merging into S2, S1 completely liquidates or is deemed to liquidate by reason of a conversion in an entity disregarded as separate from its owner under § 301.7701-3 of this chapter.

**Example 7.**

* * * Each of T, P, and S is a State A corporation engaged in a manufacturing business.

Martin V. Franks,

Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration).