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Treasury Regulations

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Recent Final Regulations

TD 9495 (Guidance on the program requirements for qualified zone academy bonds - QZABs)
This document removes the temporary regulations and provides final regulations that provide guidance to state and local governments that issue qualified zone academy bonds and to banks, insurance companies, and other taxpayers that hold those bonds on the program requirements for qualified zone academy bonds. The final regulations implement the amendments to section 1397E (discussed in this preamble) and provide guidance on the maximum term, permissible use of proceeds, and remedial actions for qualified zone academy bonds.

TD 9204 (limitations on effective mortgage interest rates under section 143)
This document amends the regulations under section 143(g) of the IRC by providing rules regarding the limitation on the effect rate of mortgage interest for purposes of mortgage revenue bonds issued by State and local governments.

TD 9234 (application of the private business tests and private loan financing test to refunding issues)
The IRS has issued final regulations that address the rules on the application of the prviate business tests and the private loan financing test to refunding issues. The final regulations apply to bonds that are (1) sold on or after 2/17/2006, and (2) subject to the 1997 regulations.

T.D. 9150 [Remedial actions applicable to tax-exempt bonds issued by state and local governments]
This document contains final regulations on the exempt facility bond rules applicable to tax-exempt bonds issued by state and local governments. The regulations amend provisions in the current regulations permitting remedial actions for tax-exempt bonds.

T.D. 9016, 2002-40 I.R.B. 628
Regulations under IRC section 141 which provide guidance to issuers of tax-exempt bonds in the application of the private business tests to output facilities and in the application of the special $15 million limitation for output facilities. These regulations also amend regulations issued on January 18, 2001.

Recent Proposed Regulations

Regulation 140492-02 (Definition of Solid Waste Disposal Facilities for Tax-Exempt Bond Purposes)This document contains proposed regulations on the definition of solid waste disposal facilities for purposes of the rules applicable to tax-exempt bonds issued by State and local governments. These proposed regulations provide guidance to State and local governments that issue tax-exempt bonds to finance solid waste disposal facilities and to taxpayers that use those facilities. This document also withdraws the notice of proposed rulemaking that was published in the Federal Register on May 10, 2004, proposes to remove certain existing regulations that provide rules for determining whether a facility is a solid waste disposal facility, and contains a notice of public hearing on these proposed regulations.

Regulation 106143-07 (Notice of Proposed Rulemaking and Notice of Public Hearing and Arbitrage Guidance for Tax-Exempt Bonds)
This document contains proposed regulations on the arbitrage restrictions under section 148 of the Internal Revenue Code applicable to tax-exempt bonds issued by State and local governments..

Regulation 136806-06 (Treatment of Payments in Lieu of Taxes under Section 141 of the Internal Revenue Code)
This document contains proposed regulations modifying the standards for treating payments in lieu of taxes (PILOTS) as generally appicable taxes for purposes of the private security or payment test under section 141 of the Code. This document also provides notice of a public hearing.

REG-159824-04 (Proposed Regulations governing practice before the IRS, Circular 230)
The proposed modifications to the regulations set forth standards for state or local bond opinions. This document also provides notice of a public hearing regarding the proposed regulations.

REG-142599-02 [Guidance on Mixed Use Output Facilities]
This advance notice provides guidance regarding tax-exempt bonds that are issued for the government use portion of an output facility when that facility is used for both a government use and private business use.

REG-140492-02 [Definition of Solid Waste Disposal Facilities for Tax-Exempt Bond Purposes] (Withdrawn)
These regulations provide guidance to State and local governments that issue tax-exempt bonds to finance solid waste disposal facilities.

REG-113007-99, 2003-23 I.R.B. 10004
These proposed regulations address the rules regarding the application of the private business tests and the private loan financing test to refunding issues.

REG-105369-00, 2002-18 I.R.B. 828
These proposed regulations under sections 141 and 148 of the Code provide guidance on the definitions of investment-type property and private loan for the arbitrage and private activity restrictions applicable to tax-exempt bonds issued by state and local governments. A public hearing is scheduled for September 24, 2002. For additional clarification of the proposed regulations with respect to natural gas pre-payments, please see Notice 2002-52.

REG-165706-01, 2002-16 I.R.B. 787
These proposed regulations modify the definition of refunding issue applicable to tax-exempt bonds issued by States and local governments. A public hearing is scheduled for July 30, 2002.

Page Last Reviewed or Updated: 16-Apr-2014