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Inversions and Related Transactions; Correction

---
identifier: "/us/fr/2016-16470"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Inversions and Related Transactions; Correction"
title_number: 0
title_name: "Federal Register"
section_number: "2016-16470"
section_name: "Inversions and Related Transactions; Correction"
positive_law: false
currency: "2016-07-19"
last_updated: "2016-07-19"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Treasury Department"
document_number: "2016-16470"
document_type: "rule"
publication_date: "2016-07-19"
agencies:
  - "Treasury Department"
  - "Internal Revenue Service"
cfr_references:
  - "26 CFR Part 1"
rin: "1545-BM88"
fr_citation: "81 FR 46832"
fr_volume: 81
docket_ids:
  - "TD 9761"
effective_date: "2016-07-19"
fr_action: "Final and temporary regulations; correcting amendment."
---

#  Disregard of certain stock attributable to multiple domestic entity acquisitions (temporary).

**AGENCY:**

Internal Revenue Service (IRS), Treasury.

**ACTION:**

Final and temporary regulations; correcting amendment.

**SUMMARY:**

This document contains corrections to a correction document for final and temporary regulations (TD 9761) that was published in the *Federal Register* on June 23, 2016 (81 FR 40810).

**DATES:**

This correction is effective on July 19, 2016 and applicable on June 23, 2016.

**FOR FURTHER INFORMATION CONTACT:**

Rose E. Jenkins at (202) 317-6934 (not a toll free number).

**SUPPLEMENTARY INFORMATION:**

**Background**

The final and temporary regulations (TD 9761) that are the subject of this correction are under sections 304, 367, 956, 7701(l), and 7874 of the Internal Revenue Code.

**Correction of Publication**

In correcting amendment FR Doc. 2016-14649, published in the issue of Thursday, June 23, 2016 (81 FR 40810), make the following correction:

On page 40811, in the first column, remove amendatory instruction 6.

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

Income taxes, Reporting and recordkeeping requirements.

Accordingly, 26 CFR part 1 is corrected 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 1.956-2T is amended by revising the first sentence of paragraph (a)(4)(iv) *Example 3.* (A), the second sentence of paragraph (a)(4)(iv) *Example 3.* (B), and the third sentence of paragraph (a)(4)(iv) *Example 4.* (B) to read as follows:

§ 1.956-2T

(a) * * *

(4) * * *

(iv) * * *

*Example 3.* (A) *Facts.* Before the inversion transaction, FA also wholly owns USP, a domestic corporation, which, in turn, wholly owns, LFS, a foreign corporation that is a controlled foreign corporation. * * *

(B) * * * Because LFS was a controlled foreign corporation and a member of the EAG with respect to the inversion transaction on the completion date, and DT was not a United States shareholder with respect to LFS on or before the completion date, LFS is excluded from the definition of expatriated foreign subsidiary pursuant to § 1.7874-12T(a)(9)(ii). * * *

*Example 4.* * * *

(B) * * * Because LFSS was not a member of the EAG with respect to the inversion transaction on the completion date, LFSS is not excluded from the definition of expatriated foreign subsidiary pursuant to § 1.7874-12T(a)(9)(ii). * * *

**26 CFR Part 1**

*Par. 3.* Section 1.7874-8T is amended by revising the ninth sentence of paragraph (h) *Example 3.* (ii) to read as follows:

§ 1.7874-8T

(h) * * *

*Example 3.* * * *

(ii) * * * Accordingly, the excluded amount is $112.50x calculated as 150 (200, the total number of prior acquisition shares, less 50, the allocable redeemed shares) multiplied by $0.75x (the fair market value of a single share of FA stock on the completion date with respect to the DT2 acquisition). * * *

Martin V. Franks,

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