U.S. IRS and Treasury Issue Final Regulations on Coordination of Extraordinary Disposition and Disqualified Basis Rules

On 20 November 2020, the U.S. IRS and Treasury issued final regulations (TD 9934) that coordinate the "extraordinary disposition rule" under Section 245A of the Internal Revenue Code with the "disqualified basis and disqualified payment rules" under Section 951A. The final regulations also contain guidance under Section 6038 regarding information reporting to facilitate administration of the final regulations.

Section 245A generally allows a domestic corporation that is a United States shar…