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Guidance Under Section 355(e) Regarding Predecessors, Successors, and Limitation on Gain Recognition; Guidance Under Section 355(f); Correcting Amendment

---
identifier: "/us/fr/2020-05040"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Guidance Under Section 355(e) Regarding Predecessors, Successors, and Limitation on Gain Recognition; Guidance Under Section 355(f); Correcting Amendment"
title_number: 0
title_name: "Federal Register"
section_number: "2020-05040"
section_name: "Guidance Under Section 355(e) Regarding Predecessors, Successors, and Limitation on Gain Recognition; Guidance Under Section 355(f); Correcting Amendment"
positive_law: false
currency: "2020-03-17"
last_updated: "2020-03-17"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Treasury Department"
document_number: "2020-05040"
document_type: "rule"
publication_date: "2020-03-17"
agencies:
  - "Treasury Department"
  - "Internal Revenue Service"
cfr_references:
  - "26 CFR Part 1"
rin: "1545-BN18"
fr_citation: "85 FR 15060"
fr_volume: 85
docket_ids:
  - "TD 9888"
effective_date: "2020-03-17"
fr_action: "Correcting amendment."
---

#  Definition of predecessor and successor and limitations on gain recognition under section 355(e) and section 355(f).

**AGENCY:**

Internal Revenue Service (IRS), Treasury.

**ACTION:**

Correcting amendment.

**SUMMARY:**

This document contains a correction to Treasury Decision 9888, which was published in the *Federal Register* on Wednesday, December 18, 2019. Treasury Decision 9888 contained final regulations providing guidance regarding the distribution by a distributing corporation of stock or securities of a controlled corporation without the recognition of income, gain, or loss.

**DATES:**

This correction is effective on March 17, 2020. For dates of applicability, see § 1.355-8(i).

**FOR FURTHER INFORMATION CONTACT:**

W. Reid Thompson, (202) 317-5024, or Richard K. Passales, (202) 317-5024 (not toll-free numbers).

**SUPPLEMENTARY INFORMATION:**

**Background**

The final regulations (TD 9888) that are the subject of this correction are issued under section 355 of the Internal Revenue Code.

**Need for Correction**

As published December 18, 2019 (84 FR 69308), the final regulations (TD 9888; FR Doc. 2019-27110) contained an error that needs to be corrected.

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

Income taxes, Reporting and recordkeeping requirements.

**Correction of Publication**

Accordingly, 26 CFR part 1 is corrected by making the following correcting amendment:

**PART 1—INCOME TAXES**

**26 CFR Part 1**

*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 1.355-8 is amended by revising the seventh sentence of paragraph (h)(8)(ii)(A) to read as follows:

§ 1.355-8

(h) * * *

(8) * * *

(ii) * * *

(A) * * * The Reflection of Basis Requirement is satisfied because that C stock had a basis prior to the Distribution that was determined in whole or in part by reference to the basis of Separated Property (Asset 1 and Asset 2, respectively), and was neither distributed in a distribution to which section 355(e) applied nor transferred in a transaction in which the gain on that C stock was recognized in full during the Plan Period prior to the Distribution. * * *

Martin V. Franks,

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