26 C.F.R. § 1.1502-90A   Table of contents.


Title 26 - Internal Revenue


Title 26: Internal Revenue
PART 1—INCOME TAXES
Regulations Applying Section 382 With Respect to Testing Dates (and Corporations Joining or Leaving Consolidated Groups) Before June 25, 1999

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§ 1.1502-90A   Table of contents.

The following list contains the major headings in §§1.1502–91A through 1.1502–99A:

§1.1502–91A Application of Section 382 With Respect to a Consolidated Group Generally Applicable for Testing Dates Before June 25, 1999.

(a) Determination and effect of an ownership change.

(1) In general.

(2) Special rule for post-change year that includes the change date.

(3) Cross reference.

(b) Definitions and nomenclature.

(c) Loss group.

(1) Defined.

(2) Coordination with rule that ends separate tracking.

(3) Example.

(d) Loss subgroup.

(1) Net operating loss carryovers.

(2) Net unrealized built-in loss.

(3) Loss subgroup parent.

(4) Principal purpose of avoiding a limitation.

(5) Special rules.

(6) Examples.

(e) Pre-change consolidated attribute.

(1) Defined.

(2) Example.

(f) Pre-change subgroup attribute.

(1) Defined.

(2) Example.

(g) Net unrealized built-in gain and loss.

(1) In general.

(2) Members included.

(i) Consolidated group.

(ii) Loss subgroup.

(3) Acquisitions of built-in gain or loss assets.

(4) Indirect ownership.

(h) Recognized built-in gain or loss.

(1) In general. [Reserved]

(2) Disposition of stock or an intercompany obligation of a member.

(3) Deferred gain or loss.

(4) Exchanged basis property.

(i) [Reserved]

(j) Predecessor and successor corporations.

§1.1502–92A  Ownership change of a loss group or a loss subgroup generally applicable for testing dates before June 25, 1999.

(a) Scope.

(b) Determination of an ownership change.

(1) Parent change method.

(i) Loss group.

(ii) Loss subgroup.

(2) Examples.

(3) Special adjustments.

(i) Common parent succeeded by a new common parent.

(ii) Newly created loss subgroup parent.

(iii) Examples.

(4) End of separate tracking of certain losses.

(c) Supplemental rules for determining ownership change.

(1) Scope.

(2) Cause for applying supplemental rule.

(3) Operating rules.

(4) Supplemental ownership change rules.

(i) Additional testing dates for the common parent (or loss subgroup parent).

(ii) Treatment of subsidiary stock as stock of the common parent (or loss subgroup parent).

(iii) 5-percent shareholder of the common parent (or loss subgroup parent).

(5) Examples.

(d) Testing period following ownership change under this section.

(e) Information statements.

(1) Common parent of a loss group.

(2) Abbreviated statement with respect to loss subgroups.

§1.1502–93A  Consolidated section 382 limitation (or subgroup section 382 limitation) generally applicable for testing dates before June 25, 1999.

(a) Determination of the consolidated section 382 limitation (or subgroup section 382 limitation).

(1) In general.

(2) Coordination with apportionment rule.

(b) Value of the loss group (or loss subgroup).

(1) Stock value immediately before ownership change.

(2) Adjustment to value.

(3) Examples.

(c) Recognized built-in gain of a loss group or loss subgroup.

(d) Continuity of business.

(1) In general.

(2) Example.

(e) Limitations of losses under other rules.

§1.1502–94A  Coordination with section 382 and the regulations thereunder when a corporation becomes a member of a consolidated group generally applicable for corporations becoming members of a group before June 25, 1999.

(a) Scope.

(1) In general.

(2) Successor corporation as new loss member.

(3) Coordination in the case of a loss subgroup.

(4) End of separate tracking of certain losses.

(5) Cross-reference.

(b) Application of section 382 to a new loss member.

(1) In general.

(2) Adjustment to value.

(3) Pre-change separate attribute defined.

(4) Examples.

(c) Built-in gains and losses.

(d) Information statements.

§1.1502–95A  Rules on ceasing to be a member of a consolidated group (or loss subgroup) generally applicable for corporations ceasing to be members before June 25, 1999.

(a) In general.

(1) Consolidated group.

(2) Election by common parent.

(3) Coordination with §§1.1502–91T through 1.1502–93T.

(b) Separate application of section 382 when a member leaves a consolidated group.

(1) In general.

(2) Effect of a prior ownership change of the group.

(3) Application in the case of a loss subgroup.

(4) Examples.

(c) Apportionment of a consolidated section 382 limitation.

(1) In general.

(2) Amount of apportionment.

(3) Effect of apportionment on the consolidated section 382 limitation.

(4) Effect on corporations to which the consolidated section 382 limitation is apportioned.

(5) Deemed apportionment when loss group terminates.

(6) Appropriate adjustments when former member leaves during the year.

(7) Examples.

(d) Rules pertaining to ceasing to be a member of a loss subgroup.

(1) In general.

(2) Examples.

(e) Filing the election to apportion.

(1) Form of the election to apportion.

(2) Signing of the election.

(3) Filing of the election.

(4) Revocation of election.

§1.1502–96A  Miscellaneous rules generally applicable for testing dates before June 25, 1999.

(a) End of separate tracking of losses.

(1) Application.

(2) Effect of end of separate tracking.

(3) Continuing effect of end of separate tracking.

(4) Special rule for testing period.

(5) Limits on effects of end of separate tracking.

(b) Ownership change of subsidiary.

(1) Ownership change of a subsidiary because of options or plan or arrangement.

(2) Effect of the ownership change.

(i) In general.

(ii) Pre-change losses.

(3) Coordination with §§1.1502–91T, 1.1502–92T, and 1.1502–94T.

(4) Example.

(c) Continuing effect of an ownership change.

§1.1502–97A  Special rules under section 382 for members under the jurisdiction of a court in a title 11 or similar case. [Reserved]

§1.1502–98A  Coordination with section 383 generally applicable for testing dates (or members joining or leaving a group) before June 25, 1999.

§1.1502–99A  Effective dates.

(a) Effective date.

(1) In general.

(2) Anti-duplication rules for recognized built-in gain.

(b) Testing period may include a period beginning before January 1, 1997.

(c) Transition rules.

(1) Methods permitted.

(i) In general.

(ii) Adjustments to offset excess limitation.

(iii) Coordination with effective date.

(2) Permitted methods.

(d) Amended returns.

(e) Section 383.

[T.D. 8678, 61 FR 33336, June 27, 1996. Redesignated and amended by T.D. 8824, 64 FR 36127, July 2, 1999]

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