SECTION 4. REQUEST FOR

COMMENTS

.01 Comments . The Treasury Department and the IRS request comments on the rules described in sections 2 and 3 of this notice. The Treasury Department and the IRS specifically solicit comments on the interaction of the DCL rules with the GloBE Model Rules, including Article 3.2.7 of the GloBE Model Rules (relating to Intragroup Financing Arrangements).

.02 Procedures for Submitting Comments .

(1) Deadline . Written comments should be submitted by February 9, 2024. Consideration will be given, however, to any written comment submitted after February 9, 2024, if such consideration will not delay the issuance of proposed regulations.

(2) Form and manner . The subject line for the comments should include a reference to Notice 2023-80. All commenters are strongly encouraged to submit comments electronically. However, comments may be submitted in one of two ways:

(a) Electronically via the Federal eRulemaking Portal at www.regulations. gov (type IRS-2023-0060 in the search field on the regulations.gov homepage to find this notice and submit comments); or

Bulletin No. 2023–52 1587 December 26, 2023

relief in a relief year to claim a credit, as provided under § 901, for any amount of foreign tax for which a deduction is allowed in the relief year or any other taxable year (the single-benefit requirement). This section 5.03 modifies and clarifies the consistent application requirement and the single-benefit requirement in Notice 2023-55 with respect to partnerships and their partners.

Partnerships and their partners are each subject to the consistent application requirement. Therefore, a partnership that applies the temporary relief to a relief year must apply the temporary relief to all the partnership’s foreign taxes (as defined in section 5.02 of this notice). For a partnership’s taxable year beginning after December 31, 2022, a partnership’s application (or non-application) of the temporary relief for a relief year will cause a partner to be required to apply (or to be precluded from applying) the temporary relief for the relief year to all other foreign taxes for which the partner would be eligible to claim a credit as provided in § 901 (determined without regard to the limitations described in § 1.901-1(b)), unless the partner does not control whether the partnership applies (or does not apply) the temporary relief for the relief year. ⁸

Furthermore, partnerships and their partners are each subject to the single-benefit requirement. Therefore, a partnership cannot apply the temporary relief to report any amount of foreign tax as a creditable foreign tax expenditure if the partnership reports the amount as a deduction in the relief year or any other taxable year.

.04 Extension of Temporary Relief . Section 4 of Notice 2023-55 defines the relief period as taxable years beginning on or after December 28, 2021, and ending on or before December 31, 2023, and defines relief year as any taxable year within the relief period. This section 5.04 modifies the relief period to mean taxable years beginning on or after December 28, 2021, and ending before the date that a notice or other guidance withdrawing or

(b) By mail to: Internal Revenue Service, CC:PA:LPD:PR (Notice 202380), Room 5203, P.O. Box 7604, Ben Franklin Station, Washington, D.C., 20044. (3) Publication of comments . The Treasury Department and the IRS will publish for public availability any comment submitted electronically and on paper to its public docket on regulations. gov.