Section 7701.—Definitions — Internal Revenue Bulletin 2006-4

26 CFR 301.7701–2: Business entities; definitions.

T.D. 9235

DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 301

Classification of Certain Foreign Entities

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Final regulations and temporary regulations.

SUMMARY: This document contains final and temporary regulations relating to certain business entities included on the list of foreign business entities that are always classified as corporations for Federal tax purposes.

DATES: Effective Date: These regulations are effective on December 16, 2005.

Applicability Date: For the dates of applicability of these regulations, see §301.7701–2(e)(4).

FOR FURTHER INFORMATION CONTACT: Ronald M. Gootzeit, (202) 622–3860 (not a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

On April 14, 2005, the IRS and Treasury Department published in the Federal Register temporary regulations (T.D. 9197, 2005–18 I.R.B. 985 [70 FR 19697]) and a notice of proposed rulemaking (REG–148521–04, 2005–18 I.R.B. 995

[70 FR 19722] under section 7701 of the Internal Revenue Code (Code). The regulations added certain foreign business entities to the list of entities in §301.7701–2(b)(8) (the per se corporation list) in response to the adoption by the Council of the European Union of a Council Regulation (2157/2001 2001 O.J. (L 294)) permitting a new business entity, the European public limited liability company (Societas Europaea or

§1.148–11A(i) for rules relating to certain bonds sold before July 8, 1997.

(4) Special effective date for paragraph (g) . See §1.141–15 for the applicability date of paragraph (g) of this section.

Par. 9. Section 1.150–1 is amended by revising paragraphs (a)(3) and (c)(3)(ii) to read as follows:

§1.150–1 Definitions.

(a) - * (3) Exceptions to general effective date . See §1.141–15 for the applicability date of the definition of bond documents contained in paragraph (b) of this section and the effective date of paragraph (c)(3)(ii) of this section.

- - - (c) - - (3) - - (ii) Exceptions . This paragraph (c)(3) does not apply for purposes of sections 141, 144(a), 148, 149(d) and 149(g).

Mark E. Matthews, Deputy Commissioner for Services and Enforcement.

Approved November 23, 2005.

Eric Solomon, Acting Deputy Assistant Secretary of the Treasury.

(Filed by the Office of the Federal Register on December 16, 2005, 8:45 a.m., and published in the issue of the Federal Register for December 19, 2005, 70 F.R. 75028)