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April 2005 Plain Language Regulations

Diesel Fuel and Kerosene Mechanical Dye Injection System
The American Jobs Creation Act of 2004 (Act) requires that diesel fuel and kerosene that is to be removed tax free for use in a nontaxable use be indelibly dyed by use of a mechanical dye injection system. The current system, which allows manual dyeing, will no longer be permitted.  In order for the fuel and kerosene to be exempt from tax, the mechanical dye injection system must satisfy the requirements set forth in this proposed rulemaking.  REG-154000-04.  Published April 26, 2005.
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Diesel Fuel and Kerosene Mechanical Dye Injection System
The American Jobs Creation Act of 2004 (Act) requires that diesel fuel and kerosene that is to be removed tax free for use in a nontaxable use be indelibly dyed by use of a mechanical dye injection system. The current system, which allows manual dyeing, will no longer be permitted.  In order for the fuel and kerosene to be exempt from tax, the mechanical dye injection system must satisfy the requirements set forth in these  temporary regulations.  TD 9199.  Published April 26, 2005.
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Guidance under Section 355(e)
Recognition of Gain on Certain Distributions of Stock or Securities in Connection with an Acquisition; Section 355(e) generally requires corporations to recognize gain on certain distributions of stock or securities of a subsidiary corporation if the distribution is part of a plan that involves the acquisition by one or more persons of a 50 percent or greater interest in either the corporation making the distribution or the corporation being distributed.  These final regulations provide guidance to help corporate taxpayers determine when a distribution and an acquisition will be treated as part of a plan.  TD 9198.  Published April 19, 2005.
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Withholding Exemptions
These temporary regulations provide guidance under section 3402(f) of the Internal Revenue Code for employers and employees relating to the Form W-4, "Employee's Withholding Allowance Certificate."  These temporary regulations provide rules for the submission of copies of certain withholding exemption certificates to the IRS, the notification provided to the employer and the employee of the maximum number of exemptions permitted, and the use of substitute forms.
TD 9196.  Published April 14, 2005.
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Withholding Exemptions
These proposed regulations provide guidance under section 3402(f) of the Internal Revenue Code for employers and employees relating to the Form W-4, "Employee's Withholding Allowance Certificate."  These proposed regulations provide rules for the submission of copies of certain withholding exemption certificates to the IRS, the notification provided to the employer and the employee of the maximum number of exemptions permitted, and the use of substitute forms. 
REG-162813-04.  Published April 14, 2005.
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Classification of Certain Foreign Entities
The entity classification regulations list certain business entities that are always classified as corporations (per se corporations) and, therefore, are not eligible to check the box to change their classification.  These proposed regulations cross-reference temporary regulations (TD 9197) adding certain foreign entities to the list of per se corporations.  REG-148521-04.  Published April 14, 2005.
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Classification of Certain Foreign Entities
The entity classification regulations list certain business entities that are always classified as corporations (per se corporations) and, therefore, are not eligible to check the box to change their classification.  These temporary regulations add certain foreign entities to the list of per se corporations.
TD 9197.  Published April 14, 2005.
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Residence and Source Rules Involving U.S. Possessions
Residence and Source Rules Involving U.S. Possessions and Other Conforming Changes: These proposed regulations provide rules under section 937 of the Internal Revenue Code for determining whether an individual is a bona fide resident of American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands.  The regulations also provide rules for determining when income is considered to be from sources within a U.S. possession and whether income is effectively connected with the conduct of a trade or business within a U.S. possession.  In addition, conforming changes are proposed to regulations under related sections of the Internal Revenue Code.
REG-159243-03.  Published April 11, 2005.
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Residence and Source Rules Involving U.S. Possessions
Residence and Source Rules Involving U.S. Possessions and Other Conforming Changes: These temporary regulations under section 937 of the Internal Revenue Code provide rules for determining whether an individual is a bona fide resident of American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands.  The temporary regulations also provide rules for determining when income is considered to be from sources within a U.S. possession and whether income is effectively connected with the conduct of a trade or business within a U.S. possession.  In addition, conforming changes are made in final and temporary regulations to related sections of the Internal Revenue Code. 
TD 9194.  Published April 11, 2005.
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Designated IRS Officer or Employee Under Section 7602(a)(2) of the Internal Revenue Code: This final regulation provides that Chief Counsel attorneys are included with the group of persons who may be designated to take summoned testimony under oath and receive summoned records.  TD 9195. 
Published April 1, 2005.
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