us-irs-announcements-irb-2026-5-pdf•Internal Revenue Bulletin 2026-5 (PDF rendition): IRS Announcements
Internal Revenue Bulletin 2026-5 (PDF rendition): IRS Announcements
us-irs-announcements-irb-2026-5-pdfInternal Revenue Bulletin 2026-5 (PDF rendition): IRS AnnouncementsGuidance
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Bulletin No. 2026–5 January 26, 2026 HIGHLIGHTS OF THIS ISSUE These synopses are intended only as aids to the reader in identifying the subject matter covered. They may not be relied upon as authoritative interpretations. ADMINISTRATIVE REG-112829-25, page 452. These proposed regulations would amend regulations under section 3406 to change the threshold for when certain third party settlement organizations (TPSOs) are required to per- form backup withholding. These proposed regulations would clarify that in the case of certain payments made through third parties, the amount subject to backup withholding under section 3406 is determined by taking into account the exception for de minimis payments by TPSOs in section 6050W(e). These proposed regulations would also clarify the amount subject to backup withholding and clarify situations when the threshold does not apply. The proposed regulations reflect recent changes to the statutory law. ADMINISTRATIVE, INCOME TAX REG-113515-25, page 455. This document contains proposed regulations regarding the deduction for certain taxpayers for an amount up to $10,000 of qualified passenger vehicle loan interest. This document also contains proposed regulations regarding new informa- tion reporting requirements for certain persons who, in a trade or business, receive from any individual interest aggre- gating $600 or more for any calendar year on a specified passenger vehicle loan, including applicable penalties for fail- ures to file information returns or furnish payee statements as required. The proposed regulations would affect taxpay- ers that may deduct qualified passenger vehicle loan inter- est, and also persons subject to these information reporting requirements. This document also provides notice of a public hearing on these proposed regulations. ADMINISTRATIVE, EMPLOYMENT TAX, EXCISE TAX, INCOME TAX T.D. 10039, page 403. These final regulations contain amendments to provisions of 26 CFR part 1 (Income Tax Regulations) under section 6417 of the Internal Revenue Code (Code) and 26 CFR part 301 (Procedure and Administration Regulations) under section 7701 of the Code that address the Federal tax treatment of an entity wholly owned by one or more Indian Tribal governments within the meaning of section 7701(a) (40) that is organized or incorporated under the laws of the Tribe or Tribes that own it (final regulations). Specif- ically, the final regulations provide that such an entity is not recognized as an entity separate from its owner for Federal income tax purposes, but is recognized as sep- arate for employment and excise tax purposes. Addition- ally, the final regulations provide that such entities, as well as corporations incorporated under section 17 of the Indian Reorganization Act of 1934, as amended, 25 U.S.C. 5124, or under section 3 of the Oklahoma Indian Welfare Act, as amended, 25 U.S.C. 5203, are treated solely for purposes of section 6417 (“Elective payment of applicable credits”) as instrumentalities of the Indian Tribal government(s) that own them. EXCISE TAX Announcement 2026-2, page 447. Announcement 2026-2 provides important information for taxpayers who are liable for the tax on petroleum under § 4611 of the Internal Revenue Code. Finding Lists begin on page ii. REG-103430-24, page 447. These proposed regulations would amend the Branded Pre- scription Drug Fee Regulations regarding the annual fee imposed on covered entities engaged in the business of manufacturing or importing certain branded prescription drugs by section 9008 of the Patient Protection and Afford- able Care Act, as amended. These proposed regulations reflect statutory changes made to Medicare Part D that, in turn, affect the calculation of the branded prescription drug fee. INCOME TAX T.D. 10040, page 416. This document contains final regulations regarding the exclu- sion from gross income of certain Tribal general welfare ben- efits. The regulations address the requirements that apply to determine whether the benefits an Indian Tribal government program provides qualify as Tribal general welfare benefits. These regulations affect Indian Tribal governments, agencies or instrumentalities of such governments, Federally recognized Tribes, members of such Tribes, such members’ spouses and dependents, and other Tribal program participants. The IRS Mission Provide America’s taxpayers top-quality service by helping them understand and meet their tax responsibilities and enforce the law with integrity and fairness to all. Introduction The Internal Revenue Bulletin is the authoritative instrument of the Commissioner of Internal Revenue for announcing offi- cial rulings and procedures of the Internal Revenue Service and for publishing Treasury Decisions, Executive Orders, Tax Conventions, legislation, court decisions, and other items of general interest. It is published weekly. It is the policy of the Service to publish in the Bulletin all sub- stantive rulings necessary to promote a uniform application of the tax laws, including all rulings that supersede, revoke, modify, or amend any of those previously published in the Bulletin. All published rulings apply retroactively unless other- wise indicated. Procedures relating solely to matters of inter- nal management are not published; however, statements of internal practices and procedures that affect the rights and duties of taxpayers are published. Revenue rulings represent the conclusions of the Service on the application of the law to the pivotal facts stated in the revenue ruling. In those based on positions taken in rul- ings to taxpayers or technical advice to Service field offices, identifying details and information of a confidential nature are deleted to prevent unwarranted invasions of privacy and to comply with statutory requirements. Rulings and procedures reported in the Bulletin do not have the force and effect of Treasury Department Regulations, but they may be used as precedents. Unpublished rulings will not be relied on, used, or cited as precedents by Service personnel in the disposition of other cases. In applying published rulings and procedures, the effect of subsequent legislation, regulations, court decisions, rulings, and procedures must be considered, and Service personnel and others concerned are cautioned against reaching the same conclusions in other cases unless the facts and circumstances are substantially the same. The Bulletin is divided into four parts as follows: Part I.—1986 Code. This part includes rulings and decisions based on provisions of the Internal Revenue Code of 1986. Part II.—Treaties and Tax Legislation. This part is divided into two subparts as follows: Subpart A, Tax Conventions and Other Related Items, and Subpart B, Legislation and Related Committee Reports. Part III.—Administrative, Procedural, and Miscellaneous. To the extent practicable, pertinent cross references to these subjects are contained in the other Parts and Subparts. Also included in this part are Bank Secrecy Act Administrative Rulings. Bank Secrecy Act Administrative Rulings are issued by the Department of the Treasury’s Office of the Assistant Secretary (Enforcement). Part IV.—Items of General Interest. This part includes notices of proposed rulemakings, disbar- ment and suspension lists, and announcements. The last Bulletin for each month includes a cumulative index for the matters published during the preceding months. These monthly indexes are cumulated on a semiannual basis, and are published in the last Bulletin of each semiannual period. The contents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate. January 26, 2026 Bulletin No. 2026–5 Part I 26 CFR 1.6417-1: Elective payment election of applicable credits; 26 CFR 301.7701-1: Classifica- tion of organizations for federal tax purposes T.D. 10039 DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Parts 1 and 301 Entities Wholly Owned by Indian Tribal Governments AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Final rule. SUMMARY: This document contains final regulations regarding the Federal tax classification of entities wholly owned by Indian Tribal governments (Tribes). The final regulations provide that entities that are wholly owned by Tribes and organized or incorporated under the laws of one or more of the Tribes that own them generally are not recognized as separate entities for Federal tax purposes. The final regulations also provide that such entities, as well as certain Tribal corporations chartered by the Department of the Interior (DOI), are recognized as separate entities for Federal employment and certain Federal excise tax purposes. In addition, the final regu- lations provide that, for purposes of mak- ing elective payment elections (including determining eligibility for and the con- sequences of such elections) for energy credits under the Inflation Reduction Act of 2022, each of these types of Tribal enti- ties is treated as an instrumentality of one or more Indian Tribal governments. DATES: Effective date: These regulations are effective on January 15, 2026. Applicability dates: For dates of appli- cability, see §§ 301.7701-1(f) and 1.6417- 1(q). FOR FURTHER INFORMATION CONTACT: Concerning the final regula- tions, contact Iris Chung of the Office of Associate Chief Counsel (Passthroughs, Trusts, and Estates) at (202) 317-5279 (not a toll-free number). SUPPLEMENTARY INFORMATION: Authority This document contains amendments to provisions of 26 CFR part 1 (Income Tax Regulations) under section 6417 of the Internal Revenue Code (Code) and 26 CFR part 301 (Procedure and Admin- istration Regulations) under section 7701 of the Code that address the Federal tax treatment of certain Tribal entities wholly owned by one or more Indian Tribal gov- ernments 1 (final regulations). Section 6417(h) provides an express delegation of authority to the Secretary of the Treasury or the Secretary’s delegate (Secretary) relating to elective payment elections under section 6417 (section 6417 elections), stating, “[t]he Secretary shall issue such regulations or other guidance as may be necessary to carry out the pur- poses of this section, including guidance to ensure that the amount of the payment or deemed payment made under this sec- tion is commensurate with the amount of the credit that would be otherwise allow- able (determined without regard to section 38(c)).” Section 7701(a)(40) provides an express delegation of authority to the Secretary related to identifying Indian Tribal gov- ernments for Federal tax purposes, stating, “[t]he term ‘Indian tribal government’ means the governing body of any tribe, band, community, village, or group of Indians, or (if applicable) Alaska Natives, which is determined by the Secretary, after consultation with the Secretary of the Inte- rior, to exercise governmental functions.” Finally, section 7805(a) of the Code provides an express delegation of author- ity to the Secretary to “prescribe all need- ful rules and regulations for the enforce- ment of [the Code], including all rules and regulations as may be necessary by reason of any alteration of law in relation to inter- nal revenue.” Background I. Overview of Prior Guidance The Federal government has long recognized the unique aspects of Tribal sovereignty and Tribal sovereign immu- nity. Tribes themselves are not subject to Federal income tax under the Code. 2 IRS guidance on the issue in the 1960s raised questions about the extent to which Tribal corporations incorporated under section 17 of the Indian Reorganization Act of 1934 (IRA), as amended, 25 U.S.C. 5124 (section 17 corporations) or under section 3 of the Oklahoma Indian Welfare Act, as amended, 25 U.S.C. 5203 (section 3 corporations) should share the Tribe’s Federal income tax status. In response, the IRS published further guidance and issued proposed regulations in 1996 on the treatment of section 17 corporations and section 3 corporations for Federal tax purposes. See the notice of proposed rulemaking, Simplification of Entity Clas- sification Rules (PS–43–95), published in the Federal Register (61 FR 21989) on May 13, 1996 (explaining the basis for the 1 The term “Indian Tribal government,” also referred to as a “Tribe” herein, is defined as a federally recognized Tribe pursuant to the Federally Recognized Indian Tribe List Act of 1994, Public Law 103-454, 108 Stat. 4791 (List Act). Pursuant to the List Act, the Secretary of the Interior is required to publish annually a list of all federally recognized Tribes. This definition is also consistent with Revenue Procedure 2008-55 (2008-39 I.R.B. 768), which provides that the Treasury Department and the IRS utilize current or future lists of federally recognized Tribes published annually under the List Act by the DOI Bureau of Indian Affairs, for identification of Indian Tribal governments for purposes of section 7701(a)(40). See 89 FR 944 (January 8, 2024) for the most current list published by the DOI, Bureau of Indian Affairs. 2 See Rev. Rul. 67-284, 1967-2 C.B. 55. However, Tribes generally are subject to Federal employment taxes. Employment taxes refers to Federal Insurance Contributions Act (FICA) (con- sisting of both social security and Medicare taxes), Federal Unemployment Tax Act (FUTA), and Income Tax Withholding. Section 3306(c)(7) of the Code provides an exception from FUTA taxes under certain circumstances. Further, subject to applicable law, including statutes (such as section 7871 of the Code) and treaties or agreements with the United States, Tribes are subject to Federal excise taxes. See Rev. Rul. 94-81, 1994-2 C.B. 412. Bulletin No. 2026–5 403 January 26, 2026 proposed rule later adopted in § 301.7701- 1(a)(3)). On December 18, 1996, the Depart- ment of the Treasury (Treasury Depart- ment) and the IRS published final regulations (TD 8697) in the Federal Register (61 FR 66584) under section 7701, known as the entity classifica- tion regulations. These regulations (at § 301.7701-1(a)(3)) make clear that entities formed under local laws are not always recognized as separate entities for Federal tax purposes. For example, an organization wholly owned by a State is not recognized as a separate entity for Federal tax purposes if it is an integral part of the State. Similarly, these regula- tions (until their amendment by this Trea- sury decision) provided that section 17 corporations and section 3 corporations are not recognized as separate entities for Federal tax purposes. These regulations, however, did not specifically address whether an entity organized or incorpo- rated under Tribal law and wholly owned by a Tribe (that is, a wholly owned Tribal entity) is recognized as a separate entity for Federal tax purposes. The preamble to TD 8697 stated that the IRS received a number of comments asking for clarification of the tax treat- ment of wholly owned Tribal entities. 61 FR 66584. The preamble also indicated that the Treasury Department and the IRS continued to study the issue and would issue additional guidance, if necessary. Id. at 66585-86. II. Tribal Consultation Over the past several decades, Tribes have sought clarity concerning the Fed- eral tax status of wholly owned Tribal entities, in part to provide certainty for Tribal economic development and to sup- port the generation of revenue for Indian Tribal governments. To obtain Tribal input on the issue before publishing the proposed regulations, and in accordance with Executive Order 13175 (November 6, 2000), “Consultation and Coordination with Indian Tribal Governments,” and the Treasury Department’s Tribal Consulta- tion Policy (80 FR 57434, September 23, 2015), superseded by Treasury Order 112- 04 (November 22, 2023), the Treasury Department and the IRS held Tribal con- sultations on the issue on June 21 and June 22, 2023, October 8 and 10, 2019, and a listening session on December 3, 2019. During Tribal consultations, Tribes have explained that they view incorpo- rating corporations under Tribal law as an exercise of their inherent sovereign authority to generate governmental rev- enue, self-govern the use of that revenue according to their own laws, and self-de- termine the use of that revenue for their citizenry. Tribes highlighted that incor- porating corporations under Tribal law enables Tribes to create entities that meet their emerging revenue opportunities, establish guidelines for the operation of these entities that are culturally appropri- ate and protect Tribal assets, and dissolve them when they are no longer needed. Tribes also highlighted that clarifying the status of corporations incorporated under Tribal law is consistent with recent Fed- eral policy to promote Tribal sovereignty, self-governance, and self-determination in economic development activities. In contrast, Tribes highlighted that sec- tion 17 and section 3 corporations are not always sufficient to meet their needs. The incorporation process for these entities is a lengthy multi-step Federal process that subjects Tribal authority to Federal over- sight and approval and results in increased administrative costs to Tribes. In addition, an act of Congress is required to dissolve the chartered entity. This issue has taken on increased salience in recent years with the enact- ment of laws that extend greater access to capital and new economic opportuni- ties to certain governments (including Indian Tribal governments), tax-exempt organizations, and other entities. Tribes have reiterated their requests for guidance through meetings of the Treasury Tribal Advisory Committee and other Tribal consultations. III. Proposed Regulations In light of the considerations of Tribal sovereignty and self-determination described previously, on October 9, 2024, the Treasury Department and the IRS pub- lished a notice of proposed rulemaking (REG-113628-21) in the Federal Register (89 FR 81871), which provided proposed guidance under sections 6417 and 7701 (proposed regulations). See the preamble to the proposed regulations for additional information regarding the developments leading to this rulemaking. The proposed regulations proposed to amend the existing section 7701 regula- tions to make clear that entities wholly owned by Tribes and organized, incor- porated, or authorized under the laws of the Tribes that own them generally are not recognized as separate entities for Fed- eral tax purposes. As has been the case with Tribes and section 17 corporations or section 3 corporations, the proposed regulations proposed that an entity wholly owned by one or more Indian Tribal gov- ernments, within the meaning of section 7701(a)(40), that is organized or incor- porated under the laws of the Tribe or Tribes that own the entity, or organized or incorporated under the laws of one or more of the owning Tribes and authorized by all of the other owning Tribes (wholly owned Tribal entity), would not be recog- nized as a separate entity for Federal tax purposes (and thus not subject to Federal income tax). The use of the term “orga- nized” includes the creation of Tribal enti- ties other than corporations. For instance, a single member limited liability com- pany (LLC) organized under the laws of the Tribe that owns the LLC would be a wholly owned Tribal entity covered by the proposed regulations. Accordingly, such wholly owned entities generally would be viewed as one and the same as the Tribes that own them for Federal income tax pur- poses and therefore are not subject to Fed- eral income tax. In addition, the proposed regulations proposed to amend the existing section 6417 regulations to provide that wholly owned Tribal entities, section 17 corpo- rations, and section 3 corporations are treated, for purposes of making section 6417 elections (including determining eligibility for and the consequences of such elections), as instrumentalities of the Indian Tribal government(s) that wholly own them. As a result, the wholly owned Tribal entity itself, rather than the Indian Tribal government(s) owning the entity, would be required to make a sec- tion 6417 election for an applicable credit determined with respect to any applicable credit property held directly by the wholly owned Tribal entity. January 26, 2026 404 Bulletin No. 2026–5 Bulletin No. 2026–5 405 January 26, 2026 A. Wholly Owned Tribal Entity Requirements Under Proposed Regulations 1. Tribal law The proposed regulations recognized that Tribal law is established by each individual Tribe. The notice of proposed rulemaking stated that, where multiple Tribes work together to establish an entity that is owned by more than one Tribe, each Tribe would need to provide for the entity under its own laws. 2. Wholly owned The notice of proposed rulemaking noted that, as is the case for determining the ownership of all corporations (includ- ing a corporation wholly owned by a State or other government), the determination of whether an outside investor (a person other than a Tribe) holds equity in a Tribal entity, such that it would fail to be wholly owned by one or more Indian Tribal gov- ernments for Federal tax purposes, would take into account principles of Federal tax law, such as the substance over form doc- trine, debt versus equity analyses, and the economic substance doctrine. Under the proposed regulations, an entity could satisfy the wholly owned requirement through a multi-Tribe owner- ship structure, so long as the entity is orga- nized or incorporated under each Tribe’s laws. Proposed § 301.7701-1(a)(4)(iii)(D) (Example 4) illustrates an example of the organizational structure of such an entity. The proposed regulations did not address an entity formed under Tribal law that was not also wholly owned by one or more Indian Tribal governments for Fed- eral tax purposes. IV. Elective Payment Elections Under 26 CFR 1.6417-1(f) as of April 1, 2025, section 17 corporations and sec- tion 3 corporations were treated as “dis- regarded entities” for purposes of section 6417, and the applicable entity owner of a disregarded entity that directly holds applicable credit property was required to make a section 6417 election for appli- cable credits determined with respect to such property pursuant to § 1.6417-2(a) (1)(ii). Under the proposed regulations, for purposes of making a section 6417 election (including determining eligi- bility for and the consequences of such election), entities described in proposed § 301.7701-1(a)(4)(i) (that is, section 17 corporations, section 3 corporations, and wholly owned Tribal entities), would be treated as instrumentalities of Indian Tribal governments. This change would mean that an entity described in proposed § 301.7701-1(a)(4)(i) that directly owns applicable credit property, rather than the entity’s owner or owners, would make the section 6417 election. Such an entity gen- erally would do so by filing a Form 990- T, Exempt Organization Business Income Tax Return, as described in § 1.6417-1(b) (2), using its own name and employer identification number. Given that proposed § 301.7701-1(a) (4)(i) generally provided that an entity owned by multiple Tribes is not recognized as a separate entity from those Tribes for Federal income tax purposes, treating the entity as a “disregarded entity” for section 6417 purposes would have required each of the entity’s owners to make a section 6417 election with respect to an applica- ble credit determined with respect to an applicable credit property owned directly by the entity. That approach would have been administratively burdensome and complex for the Tribes that own the entity as well as for the IRS. Given the need for coordination among these Tribes in mak- ing consistent tax filings, that approach could also have resulted in cases in which the amount of the total payments or deemed payments claimed under section 6417 might not be commensurate with the amount of the underlying credit. In addi- tion, even for an entity owned by a single Tribe, the entity directly owning the appli- cable credit property may be better posi- tioned to fulfill the pre-filing registration and other requirements to make the sec- tion 6417 election. Accordingly, the pro- posed regulations were intended to sim- plify the filing obligations for Tribes and their wholly owned entities and ensure that the amount of any payment or deemed payment made under section 6417 will be commensurate with the amount of the credit that would be otherwise allowable. In general, the determination of whether an entity is an agency or instru- mentality is analyzed on a facts and cir- cumstances basis. In determining whether an entity is an agency or instrumentality for Federal tax purposes, Federal courts have applied the six-factor test in Rev. Rul. 57-128, 1957-1 C.B. 311, which gen- erally provides guidance on whether an entity is an instrumentality for purposes of the exemptions from employment taxes under sections 3121(b)(7) and 3306(c)(7) of the Code. See, e.g., Rose v. Long Island Railroad Pension Plan, 828 F.2d 910, 918 (2d Cir. 1987), cert. denied, 485 U.S. 936 (1988); Berini v. Federal Reserve Bank of St. Louis, Eighth District, 37 Employee Benefits Cas. 1072, 420 F. Supp. 2d 1021 (E.D. Mo. 2005). The special rule in proposed § 1.6417- 1(c)(7) is informed in part by administra- tive considerations and would be issued under the express delegation of authority in section 6417(h) to promulgate rules that carry out the purposes of section 6417 and ensure that the amount of the payment or deemed payment made thereunder is com- mensurate with the amount of the underly- ing credit. No inferences should be drawn from the instrumentality treatment in pro- posed § 1.6417-1(c)(7) as to whether any particular entity is or is not an instrumen- tality for any other Federal tax purpose. Summary of Comments and Explanation of Revisions The Treasury Department and the IRS conducted Tribal consultations on Decem- ber 16 -18, 2024, to obtain additional input on questions involving the proposed regu- lations. The content of these consultations is published in a Tribal consultation sum- mary available at: https://home.treasury. gov/system/files/136/Tax-Status-of-Trib- ally-Chartered-Corporations-Consulta- tion-Summary.pdf. In addition, the Trea- sury Department and the IRS received written comments in response to the pro- posed regulations. A public hearing on the proposed regulations was held on January 17, 2025. Copies of written comments and the list of speakers at the public hearing are available at https://www.regulations. gov or upon request. After full consideration of all com- ments received on the proposed regula- tions, including through the Tribal con- sultations, and the testimony presented at January 26, 2026 406 Bulletin No. 2026–5 the public hearing, this Treasury decision adopts the proposed regulations as final regulations with clarifying changes and modifications as described in this Sum- mary of Comments and Explanation of Revisions. Overall, commenters largely supported the proposed regulations’ rec- ognition of a Tribe’s inherent authority to create businesses under Tribal law and that wholly owned Tribal entities should have parity with federally chartered Tribal corporations. Section I of this Summary of Com- ments and Explanation of Revisions addresses the comments and revisions applicable to § 301.7701-1. Section II of this Summary of Comments and Explana- tion of Revisions addresses the comments and revisions applicable to § 1.6417-1. Unless otherwise indicated in this Summary of Comments and Explanation of Revisions, provisions of the proposed regulations for which no comments were received are adopted without substantive change. Comments that merely summa- rize the proposed regulations, recommend statutory revisions to section 7701, sec- tion 6417, or other statutes, address issues that are outside the scope of this rulemak- ing (such as proposed changes to other guidance), or recommend changes to IRS forms are beyond the scope of these reg- ulations and are not adopted. In addition, comments that are related to executive orders and prior guidance described in the preamble to the proposed regulations are beyond the scope of these regulations and are not adopted. The final regulations include non-substantive modifications, including modifications that promote con- sistency across rules and examples, rear- range provisions, and improve the overall clarity of the guidance. Such non-substan- tive modifications are not addressed in this Summary of Comments and Explana- tion of Revisions. I. Wholly Owned Tribal Entities Under the Final Regulations The final regulations under section 7701 provide that a wholly owned Tribal entity (including a single member LLC organized under the laws of the Tribe that owns it) is not recognized as a separate entity for Federal income tax purposes, but is recognized as separate and treated as a corporation for Federal employment tax purposes and certain Federal excise tax purposes. The final regulations also provide that section 17 corporations and section 3 corporations are recognized as entities separate from the Tribe(s) that own these entities for Federal employment and certain Federal excise tax purposes. A. Multi-Tribe ownership The majority of commenters expressed support for the recognition that Tribes may organize or incorporate an inter-Tribal entity serving multiple Tribes. However, some commenters stated that it is imprac- tical and unworkable to require that an inter-Tribal entity wholly owned by more than one Indian Tribal government (within the meaning of section 7701(a)(40) of the Code) be organized or incorporated under the laws of each of the Indian Tribal gov- ernments with an ownership stake in the entity. Commenters stated that the rules should provide that an inter-Tribal entity with a single charter authorized by each Tribe’s governing body, or other body or official acting pursuant to authority del- egated by the Tribe’s governing body, shares the tax status of the Tribe(s) that own it. These commenters recommended that, although authorized under each Tribe’s legislative or administrative pro- cess, the inter-Tribal entity charter should allow for a choice of law or forum clause that subjects the inter-Tribal entity to the corporate or limited liability company laws of just a single Tribe. To clarify the proposed regulations, the same comment- ers requested amendments to the language of the regulations to require that the inter- Tribal entity be authorized under each owner Tribe’s law and to allow Tribes to adopt their choice of law and forum. Additionally, a commenter requested the regulations be amended to allow Tribes to enter into co-ownership arrangements with respect to existing entities previously organized and incorporated under the laws of one or more Tribes. Other commenters suggested that enti- ties owned solely by multiple Tribal gov- ernments should be disregarded where (a) the entity is formed under the laws of one of the member Tribes, (b) the Tribe’s laws permit ownership by the other Tribes, and (c) each owner Tribe agrees to such out- come by resolution or other suitable doc- ument. Based on these comments, the final regulations provide that an inter-Tribal entity is not recognized as a separate entity when organized or incorporated exclusively under the laws of one or more of the Indian Tribal governments that own it. The final regulations also add a sen- tence that clarifies that whether an entity is organized or incorporated under the laws of one or more Indian Tribal gov- ernment(s) is determined without regard to any specified choice of law or forum. These changes are intended to minimize the administrative burden on Tribes seek- ing to form or acquire interests in inter- Tribal entities that would generally not be recognized as separate entities under these final regulations. The word “exclusively,” as used in these regulations, means that the entity must be formed under the laws of one or more of the Indian Tribal governments that own it and not the laws of an Indian Tribal government that does not have an interest in the entity or the laws of a state or foreign government. Therefore, an entity formed solely under the laws of one owning Indian Tribal government that is also owned by several other Indian Tribal governments would be considered as organized or incorporated exclusively under the laws of one or more of the Indian Tribal governments that own it and would generally not be recognized as a separate entity for Federal tax purposes. B. State-recognized Tribes One commenter expressed concern that entities organized or incorporated under the laws of a Tribe that is not fed- erally recognized but recognized by a State (State- recognized Tribe) would not be covered under these proposed regula- tions and requested clarity as to how the result might change, if at all, in proposed § 301.7701-1(a)(4)(iii)(D) (Example 4) if one or more of the four participating Tribes were State-recognized Tribes. The United States has a govern- ment-to-government relationship with and recognizes the sovereignty of feder- ally recognized Tribes. Revenue Proce- dure 2008-55 (2008-39 I.R.B. 768) treats all federally recognized Tribes as Indian Bulletin No. 2026–5 407 January 26, 2026 Tribal governments under section 7701(a) (40). Federally recognized Tribes are not subject to Federal income taxes. Section 301.7701-1(a)(3) has long provided that section 17 corporations and section 3 cor- porations chartered under Federal law and wholly owned by federally recognized Tribes are not recognized as separate enti- ties for Federal tax purposes. These final regulations extend the same treatment to entities organized or incorporated under Tribal law and wholly owned by Tribes. Because section 17 corporations, section 3 corporations, and wholly owned Tribal entities are not recognized as separate entities, they, like the Tribes that own them, are not subject to Federal income tax. Corporations wholly owned by State-recognized Tribes were not covered by the proposed regulations and are not covered by these final regulations. If one or more of the four participating Tribes in § 301.7701-1(a)(4)(iii)(D) (Example 4) were a State-recognized Tribe or an entity created by a State-recognized Tribe, then the jointly owned corporation would not satisfy the requirements of § 301.7701- 1(a)(4) and would be respected as a sep- arate legal entity that could be subject to Federal income taxation. C. State-chartered Tribally owned entities Some commenters suggested that not only entities wholly owned by Indian Tribal governments and organized or incorporated under the laws of their Indian Tribal government owner, section 3, or section 17, but also Tribally owned entities organized under State law should be treated as not separate from the Tribe for Federal tax purposes. The Treasury Department and the IRS have previously ruled that a corporation organized by an Indian Tribe under State law is subject to Federal income tax on the income earned in the conduct of a commercial business on and off the Tribe’s reservation. See Rev. Rul. 94-16, situation 3, 1994-1 C.B. 19 (1994). The commenters proposed that the relevant consideration for Federal income tax purposes is not which government created the corporate entity but, rather, the tax status of the owner. Commenters explained the advantages of State-char- tered entities to include that their structure is more familiar to outside investors and offers a broader spectrum of opportuni- ties, particularly for business ventures outside of the Tribe’s reservation. These regulations only address the Federal tax treatment of entities chartered by DOI or under Tribal law. Accordingly, the Federal tax treatment of State-chartered entities is outside the scope of these regulations, and, therefore, the final regulations do not adopt this comment. D. Majority-owned entities Many commenters recommended extending Federal income tax exemption to entities with 51 percent or greater own- ership by Tribes so that they are on par- ity with State and local governments to receive the same tax advantages afforded to State and local government entities in public-private partnerships. Commenters also requested clarifying guidance on the tax treatment of partially owned entities, including distinctions between wholly owned, partially owned, and majority owned entities. As these matters are outside the scope of the guidance contained in the proposed regulations that these regulations finalize, the final regulations do not adopt these comments. The Treasury Department and the IRS continue to consider possible guidance on the Federal tax treatment of corporations incorporated under Tribal law that are owned in part by persons other than Tribes. The Treasury Department and the IRS would conduct Tribal consultation prior to issuing any guidance in that area. E. Wholly owned Tribal entities as separate from the Tribe(s) Some commenters suggested that wholly owned corporations incorporated under Tribal law should be considered exempt from Federal income tax with- out the fiction that such corporations are not separate from the parent Tribe. These commenters explained that Revenue Rul- ing 94-16, 1994-1 C.B. 19, does not rely on this concept. The commenters indi- cated that section 17 corporations share the same tax status as the Tribe without relying on a fiction that the section 17 corporation is not separate from the Tribe. As support, the commenters indicated that Federal law permits a Tribe to organize both section 16 corporations and section 17 corporations, separate classes of enti- ties with differing powers, purpose, and function. Commenters further explained that if a corporation incorporated under Tribal law is not distinct from the Tribal government, this could prohibit Tribes from qualifying a wholly owned Tribal entity for section 501(c)(3) status and, thus, would require Tribes to charter non- profit corporations under State law, con- trary to Federal policy. Under the existing framework of the section 7701 regulations, an entity rec- ognized as separate from the Tribe does not share the same tax status as the Tribe. Thus, in order to be an entity not subject to Federal income tax under those regu- lations, section 17 corporations and sec- tion 3 corporations cannot be recognized as separate and distinct from the Tribe for Federal income tax purposes. These final regulations treat wholly owned Tribal corporations similarly to section 17 cor- porations and section 3 corporations. The commenter is correct that a wholly owned corporation incorporated under Tribal law that is not separate and distinct from the Tribal government cannot qualify for section 501(c)(3) status. However, there is nothing in these regulations to prevent Tribes from creating non-stock Tribal law entities that are described in section 501(c)(3), nor would doing so be contrary to Federal policy. F. Limited liability companies Commenters requested the addition of clarifying language to confirm that LLCs that qualify as wholly owned Tribal enti- ties are not recognized as separate enti- ties for Federal income tax purposes and, therefore, would not be subject to Federal income tax. The commenters indicated that confusion arises because an entity can be classified as one type of entity for local law purposes such as an LLC or partner- ship, and then make an entity classifica- tion election by filing Form 8832, Entity Classification Election, with the IRS to be taxed differently for Federal tax purposes. A majority of commenters supported the addition to the final regulations of a separate illustrative example of an LLC that qualifies as a wholly owned Tribal January 26, 2026 408 Bulletin No. 2026–5 entity that is not regarded as a separate entity and, therefore, not subject to Fed- eral income tax. Other commenters sug- gested that it is unnecessary for the pro- posed regulations to apply to entities other than corporations that qualify as wholly owned Tribal entities. Those comment- ers explained that since the section 7701 regulations treat a domestic eligible entity with a single owner as disregarded unless the owner otherwise elects, many Tribes have created LLCs that qualify as wholly owned Tribal entities with the understand- ing that the rules under the existing reg- ulations apply. Commenters expressed concern that adopting a rule that automat- ically disregards the separateness of all wholly owned Tribal entities for Federal tax purposes disrupts that understanding. The treatment of limited liability com- panies for Federal tax purposes is deter- mined under the general classification rules of § 301.7701-3(a). However, the term “organized” used in § 301.7701-1(a) (4)(i) is meant to apply to LLCs organized under Tribal law that are wholly owned by one or more Tribe(s) (Tribally organized LLC), which is consistent with both the preamble to the proposed regulations and proposed § 301.7701-1(a)(4)(iii)(C). Comments indicate that taxpayers understand that the proposed regulations would treat a Tribally organized LLC with a single member as not separate from the Tribe for Federal tax purposes, and there- fore not subject to Federal income tax under these final regulations. Therefore, the final regulations do not adopt these comments. However, the Treasury Department and the IRS understand the need for cer- tainty in this area. Therefore, the final reg- ulations adopt the general comments that the examples provided in the regulation should explicitly state that the rules apply equally to Tribally organized LLCs. G. Multi-tier entity structures Many commenters requested clari- fication in the final regulations that the treatment of wholly owned Tribal entities as not separate entities from their Tribal owners applies equally to subsidiary enti- ties. Similarly, many commenters also suggested revising proposed § 301.7701- 1(a)(4)(iii)(B) (Example 2) to indicate that it involves a holding company and a subsidiary. A few commenters also sug- gested adding an example of a multi-tier partnership entity similar to proposed § 301.7701-1(a)(4)(iii)(B) (Example 2). Proposed § 301.7701-1(a)(4) did not expressly state that entities that are owned through a chain of entities that them- selves are not recognized for Federal tax purposes are not recognized as separate entities for Federal tax purposes. In order to ensure clarity on this point, the final regulations add language in § 301.7701- 1(a)(4) to clarify that the wholly owned requirement can be met through owner- ship by other entities not recognized as separate under § 301.7701-1(a)(4). The final regulations, in § 301.7701- 1(a)(4)(iii)(B) (Example 2), illustrate that in a tiered structure where Corporation Z is wholly owned by Corporation X and Corporation X is wholly owned by Tribe B, where both Corporation Z and Cor- poration X are organized or incorporated exclusively under the laws of Tribe B, both entities are not recognized as sepa- rate from Tribe B for Federal tax purposes and are not subject to Federal income tax. This example was intended to be a gen- eral illustration of the proposed rule that subsidiaries in a tiered entity structure of wholly owned Tribal entities are not rec- ognized as separate entities for Federal tax purposes and are, therefore, exempt from Federal income tax. Revising the example as suggested by the commenters to specify that proposed § 301.7701-1(a) (4)(iii)(B) (Example 2) involves a holding company and a subsidiary would unnec- essarily narrow the scope and relevancy of this example, which was intended to be a general illustration. Therefore, the final regulations do not adopt this comment. H. Partnerships with non-Tribally owned entities One commenter requested adding an example to confirm that a Tribally orga- nized LLC would retain its status as not regarded when it enters into a partnership with a third-party for-profit corporation formed under State law. Though the final regulations do not add such an example, the Treasury Department and the IRS con- firm that the Federal tax status of a Trib- ally organized LLC would not be affected by holding an interest in a partnership regardless of who the other partners in the partnership were. I. Section 17 corporation A commenter recommended clarifying that a section 17 corporation is a federally chartered corporation created through a lengthy incorporation process for a cor- poration with the DOI and the eventual approval of such corporation’s charter. These final regulations do not adopt the recommendation in this comment con- cerning detailing the processes by which a section 17 corporation is created because the regulations do not modify or other- wise affect the incorporation process of section 17 corporations and section 3 cor- porations. They do provide certainty that wholly owned Tribal entities are accorded the same tax treatment as section 17 cor- porations and section 3 corporations. The final regulations do, however, adopt the recommendation to change the description of section 17 corporations and section 3 corporations to reflect that they are feder- ally chartered corporations. J. Tribal entity formation Several commenters also requested clarification that entities formed under resolutions or interim measures, rather than formal ordinances, are also afforded Federal income tax exemption if estab- lished under Tribal law. The proposed regulations did not address the specific mechanisms or administrative processes by which Tribes organize or incorporate a wholly owned entity under their sover- eign laws. While the final regulations do not specifically adopt these comments by providing the requested clarification, the Treasury Department and the IRS confirm that any acts to organize or incorporate a wholly owned Tribal entity under the laws of the Tribes would satisfy the require- ments of being “organized under Tribal law” for such entity to not be recognized as a separate entity from the Tribe under § 301.7701-1(a)(4)(i). K. Not subject to Federal income tax A commenter recommended expressly stating in the text of proposed § 301.7701- 1(a)(4)(i) that section 17 corporations, Bulletin No. 2026–5 409 January 26, 2026 section 3 corporations, and wholly owned Tribal entities are not subject to Federal income tax on income earned by them in the conduct of commercial business, investment, and/or other activities on or off the organizing Tribe’s reservation or Tribes’ reservations (as applicable). The commenter suggested that, although pro- posed § 301.7701-1(a)(4)(iii)(A) through (C) (Examples 1 through 3) illustrated that entities wholly owned by one or more Tribes and organized or incorporated exclusively under the laws of such Tribe or Tribes are both not recognized as sep- arate entities for Federal tax purposes and not subject to Federal income tax, addi- tional language explicitly stating that such entities are not subject to Federal income tax is necessary in proposed § 301.7701- 1(a)(4)(i) for consistency and to avoid any ambiguity on this issue. This commenter also indicated that the use of the phrase “in the conduct of commercial business” in connection with the statement of exemption from Federal income tax in the preamble to the pro- posed regulations creates uncertainty as to the scope of the exemption from Fed- eral income tax of section 17 corporations and section 3 corporations, creating the possibility of disputes regarding whether income from investments or other activ- ities or sources is excluded from the exemption from Federal income tax. Thus, the commenter requests clarifica- tion in the final regulations on the scope of the exemption from Federal income tax for section 17 corporations and section 3 corporations. The Treasury Department and the IRS adopt the recommendation and added lan- guage to § 301.7701-1(a)(4)(i) to clarify that such entities are not subject to Federal income tax. As such, the source of their income is not relevant because their Fed- eral tax status is not based on the source or type of income earned. Accordingly, the final regulations do not comment on the nature or source of income excluded from Federal income tax derived by section 17 corporations, section 3 corporations, or wholly owned Tribal entities. L. Federal income tax refunds Some commenters requested that the IRS defer to Tribes’ sole discretion to determine whether wholly owned Tribal entities that have been in existence for decades have consistently applied § 301.7701-1(a)(4) and relied on that pro- vision for tax years prior to the final regula- tions’ publication date. By providing such deference, these commenters suggest, the IRS would respect Tribal sovereignty and self-governance, and reduce administra- tive burdens. To that effect, some com- menters suggested developing a specific streamlined refund process for wholly owned Tribal entities that may have paid Federal income taxes for a period before the final regulations’ publication date. While the final regulations do not adopt the foregoing comments, the Trea- sury Department and the IRS confirm that Federal income tax refund requests may be processed under the general princi- ples of tax administration. In particular, wholly owned Tribal entities that choose to apply the final regulations retroactively may seek income tax refunds by filing Form 1120-X, Amended U.S. Corpora- tion Income Tax Return, for tax years for which the applicable period of limitations is open and obtain the assistance of the Indian Tribal Governments office of the Tax Exempt and Government Entities Division of the IRS to process their refund requests. M. Federal excise tax 1. Entity classification The majority of commenters recom- mended that the final regulations treat sec- tion 17 corporations, section 3 corpora- tions, and wholly owned Tribal entities as entities that are separate from the Tribe(s) that own these entities for Federal excise tax purposes because Tribes create these entities to limit the risk of liability to the Tribes themselves. The commenters’ sug- gestion would be consistent with the treat- ment of disregarded entities as separate from their owners for purposes of certain Federal excise taxes under the special rule in § 301.7701-2(c)(2)(v). Additionally, the Background section of the preamble to the proposed regulations notes at footnote 2 that while Tribes are not subject to Federal income tax, they generally are subject to Federal excise taxes absent a rule (such as section 7871 of the Code) providing oth- erwise. Other commenters requested that the final regulations allow Tribes to elect to treat a wholly owned entity as either regarded or disregarded for Federal excise tax purposes. These commenters asserted that Tribes have a sovereign right to elect specific Federal tax treatment. In addition, several commenters expressed concern that the rules applying to “business entities” in § 301.7701-2(c) (2)(i) and (v) may not include section 17 corporations, section 3 corporations, or wholly owned Tribal entities. Section 301.7701-2(a) defines a “business entity” as an entity recognized for Federal tax pur- poses, and § 301.7701-1(a)(3), as of April 1, 2025, provided that section 17 corpora- tions and section 3 corporations were not “recognized” for Federal tax purposes. Similarly, proposed § 301.7701-1(a)(4) (i) generally would not have recognized section 17 corporations, section 3 corpo- rations, or wholly owned Tribal entities as separate entities for Federal tax purposes. These commenters requested that the final regulations explicitly treat these three types of Tribal entities as separate entities for Federal excise tax purposes. Specifi- cally, commenters suggested modifying § 301.7701-2(c)(2)(v) to apply both to business entities described in § 301.7701- 2(c)(2)(i) and to Tribal entities described in proposed § 301.7701-1(a)(4)(i). In conjunction with this change, comment- ers also suggested modifying proposed § 301.7701-1(a)(4)(i) to provide an excep- tion for cases where the (newly modified) special rule relating to Federal excise taxes at § 301.7701-2(c)(2)(v) applies to Tribal entities. The Treasury Department and the IRS agree with the recommendation of the majority of commenters to treat section 17 corporations, section 3 corporations, and wholly owned Tribal entities as entities separate from the Tribe(s) that own them for Federal excise tax purposes. The final regulations do not adopt these comment- ers’ specific recommendation to amend § 301.7701-2(c)(2)(v) because the rules of § 301.7701-2 apply solely to “business entities.” Instead, the final regulations provide for this separate entity treatment in § 301.7701-1. Specifically, while the final regulations in § 301.7701-1(a)(4) (i) provide the general rule that section 17 corporations, section 3 corporations, January 26, 2026 410 Bulletin No. 2026–5 and wholly owned Tribal entities are not recognized as separate entities for Fed- eral tax purposes, the final regulations in § 301.7701-1(a)(4)(iii) provide an excep- tion under which such entities are treated as separate entities for certain Federal excise tax purposes under rules identical to those of § 301.7701-2(c)(2)(v). This aligns the rules applicable to section 17 corporations, section 3 corporations, and wholly owned Tribal entities with the existing rules under § 301.7701-2(c)(2) (v) that treat disregarded entities as sepa- rate from their owners for certain Federal excise tax purposes. The Treasury Department and the IRS decline to adopt the suggestion of some commenters that Tribes be allowed to elect the treatment of wholly owned Tribal entities for Federal excise tax purposes. Instead, as explained in the previous para- graph, the final regulations provide that wholly owned Tribal entities (as well as section 17 corporations and section 3 cor- porations) will, in all cases, be regarded as separate entities for the Federal excise tax purposes identified in § 301.7701-2(c)(2) (v). This approach is consistent with most commenters’ requests and aligns with the existing Federal excise tax regime under § 301.7701-2(c)(2)(v). This approach also avoids a number of administrative difficulties that taxpay- ers and the IRS have experienced with respect to disregarded entities generally, due to the interaction of the disregarded entity rules and certain Federal excise tax provisions. Many Federal excise tax pro- visions rely on State law, rather than Fed- eral law, to determine when tax attaches or whether to allow an excise tax credit or refund. Federal excise taxes are gen- erally transaction-based, and State law often governs one or more aspects of a transaction, such as when title to an arti- cle passes. As such, difficulties arose prior to the 2007 regulations, TD 9356 (72 FR 45891, August 16, 2007), when an entity that was regarded under State law, but dis- regarded under Federal tax law, engaged in transactions subject to a Federal excise tax. To address these problems, in 2007, the Treasury Department and the IRS pro- mulgated § 301.7701-2(c)(2)(v) to treat wholly owned business entities otherwise disregarded for Federal tax purposes as separate from their owners for certain Federal excise tax purposes. See TD 9356 (72 FR 45891, August 16, 2007) (adopting final regulations and stating no comments were received regarding the excise tax provisions of the proposed regulations); REG-114371-05 (70 FR 60475-60476, October 18, 2005) (preamble to proposed § 301.7701-2(c)(2)(v), explaining reasons for the change). To prevent similar problems with respect to Tribal entities, the final regu- lations adopt separate Federal excise tax treatment, identical to that of § 301.7701- 2(c)(2)(v), for section 17 corporations, section 3 corporations, and wholly owned Tribal entities. Having all wholly owned Tribal entities on a uniform system for Federal excise tax purposes that conforms with the existing § 301.7701-2(c)(2)(v) rules avoids inconsistency and promotes sound tax administration. Finally, other commenters requested that wholly owned Tribal entities be not recognized as separate entities for excise tax exemption purposes but recognized as separate entities for excise tax liability purposes. These commenters requested that the final regulations allow Tribes to extend their sovereign privileges, such as a tax exemption, to their wholly owned entities while also permitting Tribes to shield their assets from potential liabilities by forming business entities. The Trea- sury Department and the IRS decline to adopt this suggestion because excise tax exemptions, such as those provided in section 7871, are outside the scope of this rulemaking. 2. Section 7871 In expressing their views on the clas- sification of Tribal entities as separate from the Tribe for Federal excise tax pur- poses, some commenters expressed con- cern about the potential impact of such treatment on the section 7871 exemption from certain Federal excise taxes. Those commenters stated that section 17 corpo- rations, section 3 corporations, and wholly owned Tribal entities should be explicitly permitted to claim Federal excise tax exemptions to the same extent as Tribes under section 7871. Some of those com- menters suggested that language be added to proposed § 301.7701-1(a)(4) to provide that section 17 corporations, section 3 cor- porations, and wholly owned Tribal enti- ties are treated as an “Indian Tribal gov- ernment” for purposes of section 7871 and obsolete § 305.7871-1. Other commenters requested that such entities be deemed a “subdivision” for purposes of section 7871. The final regulations do not adopt these commenters’ suggestions, as section 7871 and any regulations thereunder are outside the scope of this rulemaking. The pro- posed regulations did not address section 7871 or obsolete § 305.7871-1. Accord- ingly, the final regulations do not address the existing law under section 7871 or the availability of the section 7871(a)(2) exemption from certain Federal excise taxes for Tribes, section 17 corporations, section 3 corporations, or wholly owned Tribal entities. N. Employment tax Prior to the publication of this Treasury decision, § 301.7701-1(a)(3) provided that section 17 corporations and section 3 cor- porations are not recognized as separate entities for Federal tax purposes. How- ever, the regulations did not specifically address whether a wholly owned Tribal entity is recognized as a separate entity for Federal employment tax purposes. In general, employment tax responsi- bilities rest with an employer. Employers are required to deduct and withhold Fed- eral income taxes and Federal Insurance Contributions Act (FICA) taxes from their employees’ wages under sections 3402(a) and 3102(a) of the Code, and are separately liable for their share of FICA taxes as well as for Federal Unemployment Tax Act (FUTA) taxes under sections 3111 and 3301 of the Code. These Federal income tax withhold- ing, FICA, and FUTA taxes are collectively referred to herein as “Federal employment taxes.” Sections 3403, 3102(b), 3111, and 3301 provide that the employer is the per- son liable for the withholding and payment of Federal employment taxes. In addition, the employer is required to make timely tax deposits, file Federal employment tax returns, and issue wage statements (Forms W-2) to employees, which are collectively referred to herein as “other Federal employ- ment tax obligations.” An employer is generally defined as the person for whom an individual per- Bulletin No. 2026–5 411 January 26, 2026 forms services as an employee. See sec- tions 3401(d), 3121(d), and 3306(a) of the Code. If an entity were not recognized as separate from its owner for Federal employment tax purposes, the owner of the entity would be treated as the employer for purposes of Federal employment tax liabilities and all other Federal employ- ment tax obligations related to wages paid to employees performing services for the disregarded entity. In the context of wholly owned Tribal entities, the IRS has not previously issued guidance regarding their employment tax treatment. Outside the context of wholly owned Tribal entities, § 301.7701-2(c)(2)(iv)(A) and (B) treat business entities that are dis- regarded for Federal tax purposes as sep- arate corporations for purposes of Federal employment taxes and related reporting requirements. Specifically, certain other single-owner eligible entities (under §§ 301.7701-1 through 301.7701-3) that are disregarded as entities separate from their owners for other Federal tax pur- poses are treated as entities separate from their owners for Federal employment tax purposes. See § 301.7701-2(c)(2)(iv)(A) and (B). Several commenters requested a provi- sion treating wholly owned Tribal entities separately for employment tax purposes to ensure that such entities can assume direct responsibility without burdening the Tribes that own them. The final reg- ulations adopt these comments and treat wholly owned tribal entities as sepa- rate from their Tribal owners for Federal employment tax purposes. As discussed above, this approach is consistent with the treatment of disregarded entities in § 301.7701-2(c)(2)(iv)(A) and (B), which generally are disregarded as separate from their owners for Federal tax purposes, but regarded as separate for Federal employ- ment tax purposes. Further, this approach would generally not subject Tribes to lia- bility for Federal employment taxes owed with respect to employees performing services for their wholly owned Tribal entities, a result that many commenters support. This approach also minimizes administrative burdens, particularly for inter-Tribal entities. Other commenters expressly requested that FICA and FUTA tax benefits applica- ble to Tribes be applied to wholly owned Tribal entities. Another commenter sug- gested that the final regulations should confirm that wholly owned Tribal entities share their owner’s Federal tax exemption benefits from certain Federal employment taxes and provide a wide range of hypo- thetical examples. There are some Federal employment tax provisions that specifically apply to services performed in the employ of a Tribe. For example, an exception from FUTA taxes exists for service performed in the employ of a Tribe, or any instru- mentality that is wholly owned by a Tribe. See section 3306(c)(7). Section 3306(u) provides that, for FUTA purposes, the term “Indian tribe” has the meaning given to such term by section 4(e) of the Indian Self-Determination and Education Assis- tance Act (codified at 25 U.S.C. 5304(e)), and includes any subdivision, subsidiary, or business enterprise wholly owned by such an Indian tribe. 25 U.S.C 5304(e) provides that “Indian Tribe” means, inter alia, any Indian tribe, band, nation, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. Accordingly, even though wholly owned Tribal entities are treated as sepa- rate from the Tribes for employment tax purposes, they remain eligible for the FUTA tax exception in section 3306(c) (7) because section 3306(u) makes it clear that for purposes of FUTA tax, the term “Indian Tribe” has the meaning given to such term by 25 U.S.C. 5304(e) and includes “any subdivision, subsidiary, or business enterprise wholly owned by such an Indian tribe.” As an example, if a Tribe establishes a wholly owned Tribal entity, under the final regulations, it will generally be treated as a separate corporation for Federal employ- ment tax purposes, but it will be treated as an Indian Tribe for purposes of the FUTA tax exception provided by section 3306(c) (7) because it is a subdivision, subsidiary, or business enterprise wholly owned by the Tribe as defined in section 3306(u). II. Elective Payment Elections The final regulations provide that wholly owned Tribal entities, section 17 corporations, and section 3 corporations are treated, for purposes of making sec- tion 6417 elections (including determin- ing eligibility for and the consequences of such elections), as instrumentalities of the Indian Tribal government(s) that wholly own them. This is the same rule contained in proposed § 1.6417-1, which stated that an entity described in § 301.7701-1(a)(4) (i) is treated as an instrumentality of the Indian Tribal government(s) or subdivi- sion(s) thereof that own(s) it. Commenters generally supported the proposed rule treating wholly owned Tribal entities as instrumentalities of the Tribes that own them for purposes of the section 6417 elective payment election. Some commenters requested clarification on the application of the elective payment election rules when an applicable credit is generated by a wholly owned Tribal entity jointly owned by multiple Tribes. As a clarification, a wholly owned Tribal entity that is jointly owned by multiple Tribes would be treated as an instrumentality for purposes of section 6417. The wholly owned Tribal entity will determine any applicable credit generated by the Tribal entity’s activities and make the elective payment election for any applicable credit so determined. This avoids each Tribe having to separately determine a credit and separately make an elective payment election. By following the procedural rules in the section 6417 final regulations, TD 9988 (89 FR 17584, March 11, 2024), the wholly owned Tribal entity generally will make the elective payment election by completing pre-filing registration and then filing a return including a completed Form 990-T, Exempt Organization Busi- ness Income Tax Return, as described in § 1.6417-1(b)(2), using its own name and employer identification number, any rel- evant source credit form(s), Form 3800, General Business Credit (or its successor), and any additional information, includ- ing supporting calculations, required in instructions to the relevant forms. Any refund resulting from the elective pay- ment election would be paid to the wholly owned Tribal entity. This treatment should reduce overall complexity for Tribes and the IRS as it reduces the number of nec- essary credit calculations and elective payment elections and also helps ensure any elective payment amount is commen- January 26, 2026 412 Bulletin No. 2026–5 surate with the amount of the otherwise allowable credit. Another commenter suggested that the proposed regulations be revised to allow Tribes the choice of having the Tribe or the wholly owned Tribal entity make the elective payment election because in some cases it may be impractical for the wholly owned Tribal entity to do so. The final reg- ulations do not adopt this suggestion, con- sistent with the view of most commenters who supported the rule providing that the wholly owned Tribal entity that is treated as an instrumentality must make the elec- tion. There also are additional administra- tive benefits gained for both Tribes and the IRS by having certainty on how to file elective payment elections. For exam- ple, it will be clear that the wholly owned Tribal entity makes the elective payment election when an entity is wholly owned by multiple tribes. Thus, the final regula- tions provide that a wholly owned Tribal entity is treated as an instrumentality of an Indian Tribal government and such instrumentality (and not the Indian Tribal government) would make the elective payment election. A commenter suggested that, rather than being treated as a payment of tax, the elective payment amount should be treated as a grant and paid prior to the time a project is placed in service. The statutory text of section 6417(a) expressly requires the entity making an elective pay- ment election with respect to an applica- ble credit to be treated as making a pay- ment of tax equal to the amount of such credit. Furthermore, the statutory text of section 6417(d)(4) controls the timing of an elective payment and provides that the payment is treated as being made by the applicable entity on the later of the due date for the return or the date the return is actually filed. As this comment could only be adopted if statutory revisions were made, these final regulations do not adopt the commenter’s suggestions. Several commenters recommended that Tribes be given the option to mone- tize credits through transferability under section 6418 of the Code, rather than only being able to make elective payment elec- tions under section 6417. The commenters also suggested additional changes to the section 6418 rules if Tribes were allowed to make transfers. Tribal governments (and their instrumentalities, pursuant to §1.6417-1(c)(7)) are listed as applicable entities under section 6417(d)(1)(A)(iv) and section 6418(f)(2) expressly pro- vides that an eligible taxpayer for section 6418 is any taxpayer not listed in section 6417(d)(1)(A). Thus, Tribal governments (and their instrumentalities) are only allowed to make elective payment elec- tions under section 6417. As the comment requesting the option to use section 6418 and the other comments suggesting addi- tional section 6418 changes would require statutory revisions, these final regulations do not adopt the commenters’ suggestions. Applicability Dates The final regulations apply to taxable periods, or taxable years for purposes of section 6417, beginning on or after Jan- uary 1, 2026. The final regulations pro- vide that section 17 corporations, section 3 corporations, and wholly owned Tribal entities are treated as instrumentalities for purposes of making a section 6417 election, and as entities separate from their owners for the Federal employment and excise tax purposes identified in § 301.7701-2(c)(2)(iv) and (v). Accord- ingly, each such entity must have its own employer identification number (EIN) for these purposes. Each such entity must separately calculate, report, and pay all employment tax obligations identified in § 301.7701-2(c)(2)(iv) with respect to its employees under its own name and EIN for wages paid on or after January 1, 2026. With respect to taxable periods beginning on or after January 1, 2026, each such entity must separately report, calculate, and pay taxes for any purpose identified in § 301.7701-2(c)(2)(v) under its own name and EIN. To ensure that taxpayers have sufficient time to make any necessary changes to their systems in response to these final regulations, the final regulations apply only to taxable periods beginning on or after January 1, 2026. For Federal income tax purposes only, an entity may choose to apply § 301.7701- 1(a)(4) to taxable periods beginning before January 1, 2026, for which the applicable period of limitations is open. For section 6417 purposes, an entity described in § 301.7701-1(a)(4)(i) may choose to apply § 1.6417-1(c)(7) and (f) to taxable years beginning before January 1, 2026, but only if the Indian Tribal gov- ernment(s) that own the entity also apply § 1.6417-1(c)(7) and (f) consistently with such entity for all such taxable years. Special Analyses I. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order 13175 (Consulta- tion and Coordination With Indian Tribal Governments) prohibits an agency from publishing any rule that has Tribal impli- cations if the rule either imposes substan- tial, direct compliance costs on Indian Tribal governments and is not required by statute, or preempts Tribal law, unless the agency meets the consultation and funding requirements of section 5 of the Executive order. This final rule would nei- ther impose substantial, direct compliance costs on Indian Tribal governments nor preempt Tribal law within the meaning of the Executive order. II. Regulatory Planning and Review The Office of Management and Bud- get’s Office of Information and Regula- tory Analysis has determined that this reg- ulation is not significant and is not subject to review under section 6(b) of Executive Order 12866. Therefore, a regulatory impact assessment is not required. The Executive Order 14192 designa- tion for this final rule is anticipated to be deregulatory. III. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) (PRA) generally requires that a Federal agency obtain the approval of the Office of Management and Budget (OMB) before collecting infor- mation from the public, whether such collection of information is mandatory, voluntary, or required to obtain or retain a benefit. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information dis- plays a valid control number. Bulletin No. 2026–5 413 January 26, 2026 The collection of information in these regulations contain reporting and record- keeping requirements. The recordkeep- ing requirements mentioned within these final regulations are considered general tax records under § 1.6001-1(e). These records are required for the IRS to vali- date that taxpayers have met the regula- tory requirements and are entitled to make an elective payment election and to verify the Federal tax classification of entities described in these final regulations. For PRA purposes, general tax records are already approved by OMB under 1545- 0047 for tax-exempt organizations and government entities. These regulations also mention report- ing requirements related to making elec- tions under section 6417. These elections will be made by taxpayers on Forms 990- T, and credit calculations will be made on Form 3800 and supporting forms. These forms are approved under 1545-0047 for tax-exempt organizations and government entities. IV. Regulatory Flexibility Act Pursuant to the Regulatory Flexibility Act (5 U.S.C. chapter 6), the Secretary of the Treasury hereby certifies that the final regulations will not have a significant economic impact on a substantial number of small entities pursuant to the Regula- tory Flexibility Act. These final regula- tions would affect entities that are wholly owned by Tribes. Additionally, no added burden is created through these final reg- ulations; rather, these final regulations would expand the definition of an eligi- ble entity for section 6417 of the Code but does not expand the requirements for entities to make the elective payment elec- tion. Although data is not readily available about the number of small entities that are potentially affected by this rule, it is pos- sible that a substantial number of small entities may be affected. To the extent the entities described in these regulations make elections under section 6417, the Treasury Department and the IRS certify the final regulatory flexibility analysis undertaken in TD 9988 (89 FR 17584, March 11, 2024). For the reasons stated, a regulatory flexibility analysis under the Regulatory Flexibility Act is not required. Pursuant to section 7805(f) of the Code, the notice of proposed rulemaking preced- ing this Treasury decision was submitted to the Chief Counsel for the Office of Advo- cacy of the Small Business Administration for comment on its impact on small busi- ness, and no comments were received. V. Unfunded Mandates Reform Act Section 202 of the Unfunded Mandate Reform Act of 1995 requires that agencies assess anticipated costs and benefits and take certain other actions before issuing a final rule that includes any Federal man- date that may result in expenditures in any one year by a State, local, or Indian Tribal government, in the aggregate, or by the private sector, of $100 million (updated annually for inflation). These final regula- tions do not include any Federal mandate that may result in expenditures by State, local, or Indian Tribal governments or by the private sector in excess of that thresh- old. VI. Executive Order 13132: Federalism Executive Order 13132 (Federalism) prohibits an agency from publishing any rule that has federalism implications if the rule either imposes substantial, direct compliance costs on State and local gov- ernments, and is not required by statute, or preempts State law, unless the agency meets the consultation and funding requirements of section 6 of the Executive order. These final regulations do not have federalism implications and do not impose substantial, direct compliance costs on State and local governments or preempt State law within the meaning of the Exec- utive order. VII. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), the Office of Information and Regulatory Affairs des- ignated this rule as not a major rule, as defined by 5 U.S.C. 804(2). Statement of Availability of IRS Documents The Revenue Rulings and Revenue Procedure cited in this preamble are pub- lished in the Internal Revenue Bulletin and are available from the Superintendent of Documents, U.S. Government Publish- ing Office, Washington, DC 20402, or by visiting the IRS website at https://www. irs.gov. Drafting Information The principal author of these final regulations is the Office of Associate Chief Counsel (Passthroughs, Trusts, and Estates). However, other personnel from the Treasury Department and the IRS par- ticipated in their development. List of Subjects 26 CFR Part 1 Income taxes, Reporting and record- keeping requirements. 26 CFR Part 301 Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income taxes, Penalties, Reporting and recordkeeping requirements. Amendments to the Regulations Accordingly, 26 CFR parts 1 and 301 are amended as follows: PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 continues to read in part as fol- lows: Authority: 26 U.S.C. 7805 * * * * * * * * Par. 2. Section 1.6417-1 is amended by: 1. Revising paragraph (c) introductory text; 2. Removing the semicolons from the end of paragraphs (c)(1)(ii) and (c)(2) through (5) and adding periods in their places; 3. Removing the language “; and” from the end of paragraph (c)(6) and adding a period in its place; and 4. Revising paragraphs (c)(7), (f), and (q). The revisions read as follows: January 26, 2026 414 Bulletin No. 2026–5 § 1.6417-1 Elective payment election of applicable credits. * * * * * (c) Applicable entity. The term appli- cable entity means any entity described in paragraphs (c)(1) through (7) of this section. * * * * * (7) An agency or instrumentality of any applicable entity described in paragraph (c)(1)(ii) or (c)(2) or (3) of this section. For purposes of making an elective pay- ment election under section 6417 (includ- ing determining eligibility for and the consequences of such election), an entity described in § 301.7701-1(a)(4)(i) of this chapter is treated as an instrumentality of the Indian Tribal government(s) or subdi- vision(s) thereof that own(s) it. * * * * * (f) Disregarded entity. The term dis- regarded entity means an entity that is disregarded as, or not recognized as, an entity separate from its owner for Federal income tax purposes under § 301.7701- 1(a)(3) or §§ 301.7701-2 and 301.7701-3 of this chapter. See paragraph (c)(7) of this section regarding entities described in § 301.7701-1(a)(4)(i) of this chapter. * * * * * (q) Applicability dates—(1) In general. Except as provided in paragraph (q)(2) of this section, this section applies to taxable years ending on or after March 11, 2024. For taxable years ending before March 11, 2024, taxpayers may choose to apply the rules of this section and §§ 1.6417-2 through 1.6417-4 and 1.6417-6, provided the taxpayers apply the rules in their entirety and in a consistent manner. (2) Paragraphs (c)(7) and (f) of this section. Paragraphs (c)(7) and (f) of this section apply to taxable years beginning on or after January 1, 2026. For taxable years beginning before January 1, 2026, an entity described in § 301.7701-1(a)(4) (i) of this chapter may choose to apply paragraphs (c)(7) and (f) of this section, but only if the Indian Tribal government(s) that own the entity also apply paragraphs (c)(7) and (f) of this section consistently with such entity for all such taxable years. For the rules that apply to entities that do not choose to apply paragraphs (c)(7) and (f) of this section in accordance with the preceding sentence for taxable years beginning before January 1, 2026, see § 1.6417-1 as contained in 26 CFR part 1, revised April 1, 2025. PART 301—PROCEDURE AND ADMINISTRATION Par. 3. The authority citation for part 301 is amended by adding an entry for § 301.7701-1(a)(4) in numerical order to read in part as follows: Authority: 26 U.S.C. 7805. * * * * * Section 301.7701-1(a)(4) also issued under 26 U.S.C. 7701(a)(40). * * * * * Par. 4. Section 301.7701-1 is amended by: 1. Revising paragraph (a)(3); 2. Redesignating paragraph (a)(4) as paragraph (a)(5); 3. Adding a new paragraph (a)(4); and 4. Revising paragraph (f). The revisions and addition read as fol- lows: § 301.7701-1 Classification of organizations for federal tax purposes. (a) * * * (3) Certain State and local law entities not recognized. An entity formed under State or local law is not always recog- nized as a separate entity for Federal tax purposes. For example, an organization wholly owned by a State is not recognized as a separate entity for Federal tax pur- poses if it is an integral part of the State. (4) Certain Tribal entities—(i) In gen- eral—(A) Rule. Except as provided in paragraphs (a)(4)(ii) and (iii) of this sec- tion, section 17 corporations, section 3 cor- porations, and wholly owned Tribal entities (as defined, respectively, in paragraphs (a) (4)(i)(B) through (D) of this section) are not recognized as separate entities for Fed- eral tax purposes and, therefore, are not subject to Federal income tax. (B) Definition of section 17 corpo- ration. The term section 17 corporation means a federally chartered corporation incorporated under section 17 of the Indian Reorganization Act of 1934, as amended (25 U.S.C. 5124), by the Bureau of Indian Affairs, as the authorized dele- gate of the Secretary of the Interior. (C) Definition of section 3 corpo- ration. The term section 3 corporation means a federally chartered corporation incorporated under section 3 of the Okla- homa Indian Welfare Act, as amended (25 U.S.C. 5203), by the Bureau of Indian Affairs, as the authorized delegate of the Secretary of the Interior. (D) Definition of wholly owned Tribal entity. The term wholly owned Tribal entity means an entity wholly owned by one or more Indian Tribal governments (within the meaning of section 7701(a)(40) of the Code), directly or through other entities that are not recognized as separate enti- ties for Federal income tax purposes, that is organized or incorporated exclusively under the laws of one or more of the own- ing Indian Tribal governments. Whether an entity is organized or incorporated under the laws of one or more Indian Tribal gov- ernment(s) is determined without regard to any specified choice of law or forum. (ii) Elections under section 6417. See § 1.6417-1(c)(7) of this chapter for the treatment of section 17 corporations, sec- tion 3 corporations, and wholly owned Tribal entities described in paragraph (a) (4)(i) of this section for the purposes of making an elective payment election under section 6417 of the Code (section 6417 election), including determining eligibility for and the consequences of such election. (iii) Federal employment taxes and excise taxes. Section 17 corporations, section 3 corporations, and wholly owned Tribal entities are treated as separate enti- ties for Federal employment and certain Federal excise tax purposes in a manner identical to the treatment described in § 301.7701-2(c)(2)(iv) and (v). (iv) Examples. The following examples illustrate the application of paragraphs (a) (4)(i) through (iii) of this section. For pur- poses of these examples, all references to a Tribe are references to an Indian Tribal government within the meaning of section 7701(a)(40). (A) Example 1. Tribe B incorporates Corpora- tion X pursuant to Tribe B’s Corporations Ordinance, which governs the purpose, formation, and operation of commercial entities. Tribe B owns all the shares of Corporation X. Corporation X is therefore wholly owned by Tribe B and organized or incorporated under the laws of Tribe B. As a result, Corporation X is not recognized as a separate entity from Tribe B for Fed- eral tax purposes, except for the purposes described in § 1.6417-1(c)(7) of this chapter and paragraph (a) (4)(iii) of this section. Accordingly, Corporation X is not subject to Federal income tax. Under § 1.6417- 1(c)(7) of this chapter, Corporation X is treated as an Bulletin No. 2026–5 415 January 26, 2026 instrumentality of Tribe B for purposes of making a section 6417 election (including determining eligi- bility for and the consequences of such election). Thus, Corporation X, rather than Tribe B, would be the applicable entity for purposes of making a section 6417 election for any applicable credit (as defined in section 6417(b)) relating to property held or activities conducted by Corporation X. Corporation X is treated as a corporation separate from its owner for Federal employment tax purposes governed under subtitle C of the Internal Revenue Code, and as separate from its owner for the Federal excise tax purposes identified in § 301.7701-2(c)(2)(v)(A). The analysis would be the same if Tribe B had organized its business as a single member limited liability company (LLC) pursuant to the Tribe’s business code instead of incorporating Corporation X. (B) Example 2. The facts are the same as in paragraph (a)(4)(iv)(A) of this section (Example 1), except that the board of Corporation X, pursu- ant to Tribe B’s Corporations Ordinance, organizes a subsidiary, Corporation Z, to pursue a limited line of new business. Corporation X owns all the shares of Corporation Z. Corporation Z is therefore wholly owned by Tribe B and organized or incorporated under the laws of Tribe B. As a result, neither Corpo- ration X nor Corporation Z is recognized as an entity separate from Tribe B for Federal tax purposes, except for the purposes described in § 1.6417-1(c) (7) of this chapter and paragraph (a)(4)(iii) of this section. Accordingly, Corporation Z is not subject to Federal income tax. Under § 1.6417-1(c)(7) of this chapter, Corporation X and Corporation Z are each treated as an instrumentality of Tribe B for the purposes of making a section 6417 election (includ- ing determining eligibility for and the consequences of such election). Thus, Corporation Z, rather than Corporation X or Tribe B, is the applicable entity for purposes of making a section 6417 election for any applicable credit relating to property held or activ- ities conducted by Corporation Z. As in paragraph (a)(4)(iv)(A) of this section (Example 1), Corpora- tion X would continue to be the applicable entity for purposes of making a section 6417 election for any applicable credit relating to property held or activi- ties conducted by Corporation X. Both Corporation X and Corporation Z are treated as corporations sep- arate from their owner for Federal employment tax purposes governed under subtitle C of the Internal Revenue Code, and as separate from their owner for the Federal excise tax purposes identified in § 301.7701-2(c)(2)(v)(A). The analysis would be the same if Tribe B had organized its businesses as sin- gle member LLCs pursuant to the Tribe’s business code instead of incorporating Corporations X and Z. (C) Example 3. Tribe B incorporates a section 17 corporation. The section 17 corporation subsequently incorporates Corporation J pursuant to Tribe B’s Corporations Ordinance, which governs the purpose, formation, and operation of commercial entities. The section 17 corporation owns all the shares of Corpo- ration J. Corporation J is therefore treated as wholly owned by Tribe B and organized or incorporated under the laws of Tribe B. As a result, Corporation J is not recognized as a separate entity from Tribe B for Fed- eral tax purposes, except for the purposes described in § 1.6417-1(c)(7) of this chapter and paragraph (a)(4) (iii) of this section. Accordingly, neither the section 17 corporation nor Corporation J is subject to Fed- eral income tax. Under § 1.6417-1(c)(7) of this chap- ter, the section 17 corporation and Corporation J are each treated as an instrumentality of Tribe B for the purposes of making a section 6417 election (includ- ing determining eligibility for and the consequences of such election). Thus, the section 17 corporation, rather than Tribe B, would be the applicable entity for purposes of making a section 6417 election for any applicable credit relating to property held or activities conducted by the section 17 corporation. In addition, Corporation J, rather than Tribe B or the section 17 cor- poration, would be the applicable entity for purposes of making a section 6417 election for any applicable credit relating to property held or activities conducted by Corporation J. Both the section 17 corporation and Corporation J are treated as corporations separate from their owner for Federal employment tax purposes gov- erned under subtitle C of the Internal Revenue Code, and as separate from their owner for the Federal excise tax purposes identified in § 301.7701-2(c)(2)(v)(A). The analysis would be the same if the section 17 cor- poration had organized its business as a single member LLC pursuant to the Tribe’s business code instead of incorporating Corporation J. (D) Example 4. Tribe A, Tribe B, Tribe C, and Tribe D through resolutions approved by their respective Indian Tribal governments incorporate Corporation K which is chartered under the Corpora- tions Ordinance of Tribe A. Each Tribe owns 25% of the shares of Corporation K. Corporation K is incor- porated under the laws of one of its owners, Tribe A. As a result, Corporation K is a wholly owned Tribal entity and is not recognized as a separate entity from the Tribes for Federal tax purposes, except for the purposes described in § 1.6417-1(c)(7) of this chap- ter and paragraph (a)(4)(iii) of this section. Accord- ingly, Corporation K is not subject to Federal income tax. Under § 1.6417-1(c)(7) of this chapter, Corpo- ration K is treated as an instrumentality of Tribe A, Tribe B, Tribe C, and Tribe D for the purposes of making a section 6417 election (including deter- mining eligibility for and the consequences of such election). Thus, Corporation K, rather than Tribe A, Tribe B, Tribe C, or Tribe D, would be the applicable entity for purposes of making a section 6417 election for any applicable credit relating to property held or activities conducted by Corporation K. Corporation K is treated as a corporation separate from its own- ers for Federal employment tax purposes governed under subtitle C of the Internal Revenue Code, and as separate from its owners for the Federal excise tax purposes identified in § 301.7701-2(c)(2)(v)(A). The analysis would be the same if Tribe A, Tribe B, Tribe C, and Tribe D had organized their business as an LLC pursuant to Tribe A’s business code instead of incorporating Corporation K. (E) Example 5. Tribe A incorporates Corpo- ration L pursuant to Tribe A’s Corporations Ordi- nance, which governs the purpose, formation, and operation of commercial entities. Corporation L subsequently incorporates Corporation M pursuant to Tribe A’s Corporations Ordinance. Tribe A owns all the shares of Corporation L, and Corporation L owns all the shares of Corporation M. Corporations L and M are therefore wholly owned by Tribe A and organized or incorporated under the laws of Tribe A. In a later year, Tribe B, in agreement with Tribe A, acquires some, but not all, shares of Corporation M. Corporations L and M continue to be considered as wholly owned by Indian Tribal governments and were incorporated under the laws of an Indian Tribal government that owns them. As a result, neither Cor- poration L nor Corporation M is recognized as a sep- arate entity from the Tribes that own them for Fed- eral tax purposes, except for the purposes described in § 1.6417-1(c)(7) of this chapter and paragraph (a) (4)(iii) of this section. Accordingly, Corporations L and M are not subject to Federal income tax. Under § 1.6417-1(c)(7) of this chapter, Corporation L is treated as an instrumentality of Tribe A, and Corpo- ration M is treated as an instrumentality of Tribe A and Tribe B, for the purposes of making a section 6417 election (including determining eligibility for and the consequences of such election). Thus, Cor- porations L and M, rather than Tribe A or Tribe B, would be the applicable entities for purposes of mak- ing a section 6417 election for any applicable credit relating to property held or activities conducted by Corporations L and M, respectively. Both Corpora- tion L and Corporation M are treated as corporations separate from their owners for Federal employment tax purposes governed under subtitle C of the Inter- nal Revenue Code, and as separate from their own- ers for the Federal excise tax purposes identified in § 301.7701-2(c)(2)(v)(A). The analysis would be the same if Tribe A had organized its businesses as LLCs pursuant to Tribe A’s business code instead of incorporating Corporations L and M, and had Tribe B acquired a membership interest instead of stock. * * * * * (f) Applicability dates—(1) In general. Except as provided in paragraph (f)(2) of this section, the rules of this section are applicable as of January 1, 1997. (2) Exceptions—(i) Paragraph (a)(4) of this section. The rules of paragraph (a) (4) of this section apply to taxable periods beginning on or after January 1, 2026. An entity may choose to apply paragraph (a) (4) of this section to taxable periods begin- ning before January 1, 2026, for which the applicable period of limitations is open. (ii) Paragraph (c) of this section. The rules of paragraph (c) of this section are applicable on January 5, 2009. Frank J. Bisignano, Chief Executive Officer. Approved: November 12, 2025. Kenneth J. Kies, Assistant Secretary of the Treasury (Tax Policy). (Filed by the Office of the Federal Register Decem- ber 15, 2025, 8:45 a.m., and published in the issue of the Federal Register for December 16, 2025, 90 FR 58151) January 26, 2026 416 Bulletin No. 2026–5 26 CFR 1.139E-1: Tribal General Welfare Benefits T.D. 10040 DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 Tribal General Welfare Benefits AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Final rule. SUMMARY: This document contains final regulations regarding the exclu- sion from gross income of certain Tribal general welfare benefits. The regulations address the requirements that apply to determine whether the benefits an Indian Tribal government program provides qualify as Tribal general welfare bene- fits. These regulations affect Indian Tribal governments, agencies or instrumentali- ties of such governments, Federally rec- ognized Tribes, members of such Tribes, such members’ spouses and dependents, and other Tribal program participants. DATES: Effective date: These final reg- ulations are effective on December 16, 2025. Applicability date: These final regu- lations apply for taxable years beginning after December 16, 2025. FOR FURTHER INFORMATION CONTACT: Jonathan A. Dunlap at (202) 317-4718 (not a toll-free number). SUPPLEMENTARY INFORMATION: Authority This document contains amendments to the Income Tax Regulations (26 CFR part 1) under sections 139E and 7872 of the Internal Revenue Code (Code). Section 139E(c)(3) provides an express delegation of authority for the Secretary of the Treasury or the Secretary’s dele- gate (Secretary), “in consultation with the Tribal Advisory Committee (as estab- lished under section 3(a) of the Tribal General Welfare Exclusion Act of 2014), [to] establish guidelines for what consti- tutes lavish or extravagant benefits with respect to Indian tribal government pro- grams.” The regulations are also issued under the express delegations of authority under sections 7805(a) and 7872(i) of the Code. Section 7805(a) authorizes the Secretary to “prescribe all needful rules and regula- tions for the enforcement of [the Code], including all rules and regulations as may be necessary by reason of any alteration of law in relation to internal revenue.” Section 7872(i) authorizes the Secretary to “prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including...regu- lations exempting from the application of this section any class of transactions the interest arrangements of which have no significant effect on any Federal tax liabil- ity of the lender or the borrower.” Background I. The Tribal General Welfare Exclusion Act of 2014 The Tribal General Welfare Exclusion Act of 2014 (Act), Public Law 113-168, 128 Stat. 1883 (2014), as enacted on Sep- tember 26, 2014, among other things, amended the Code by adding section 139E. Under section 139E, gross income of an individual does not include the value of any “Indian general welfare benefit.” Section 139E(b) defines an Indian gen- eral welfare benefit as any payment made or services provided to or on behalf of a member of a Tribe (or any spouse or dependent of such a member) pursuant to an Indian Tribal government program, but only if: (1) the program is adminis- tered under specified guidelines and does not discriminate in favor of members of the governing body of the Tribe, and (2) the benefits provided under such program are (A) are available to any Tribal member who meets such guidelines, (B) for the pro- motion of general welfare, (C) not lavish or extravagant, and (D) not compensation for services. Further, section 139E(c)(5) provides that any items of cultural signif- icance, reimbursement of costs, or cash honorarium for participation in cultural or ceremonial activities for the transmission of Tribal culture “shall not be treated as compensation for services” for purposes of section 139E. This preamble and the final regulations refer to an Indian general welfare benefit as a “Tribal General Wel- fare Benefit.” Section 2(c) of the Act provides that ambiguities in section 139E are to be resolved in favor of Indian Tribal gov- ernments. Section 2(c) of the Act also requires that deference be given to Indian Tribal governments for the programs administered and authorized by the Tribe to benefit the general welfare of the Tribal community. Section 2(d)(1) of the Act provides that section 139E applies to taxable years for which the period of limitation on refund or credit under section 6511 of the Code has not expired. Section 2(d)(2) of the Act provides that if the period of limitation on a credit or refund resulting from the enact- ment of section 139E expires before the end of the 1-year period beginning on the date of the enactment of the Act, refund or credit of such overpayment (to the extent attributable to such amendments) may, nevertheless, be made or allowed if claim therefor is filed before the close of such 1-year period. Section 3 of the Act requires the Sec- retary of the Treasury to establish a Tribal Advisory Committee. The Department of the Treasury Tribal Advisory Commit- tee (TTAC) held its inaugural meeting on June 20, 2019. Under section 3(b) of the Act, the TTAC’s mandate is to advise the Secretary of the Treasury on matters relating to the taxation of Indians, and the Secretary of the Treasury is required to consult with the TTAC to establish and require training and education for inter- nal revenue field agents who administer and enforce internal revenue laws. This includes (A) training and education with respect to Federal Indian law and the Fed- eral Government’s unique legal treaty and trust relationship with Indian Tribal gov- ernments, and (B) training of such inter- nal revenue field agents, and provision of training and technical assistance to Tribal financial officers, about implementation of the Act and the amendments made by the Act. Bulletin No. 2026–5 417 January 26, 2026 Section 4(a) of the Act requires the Secretary of the Treasury to temporarily suspend “all audits and examinations of Indian tribal governments and members of Tribes (or any spouse or dependent of such a member), to the extent such an audit or examination relates to the exclusion of a payment or benefit from an Indian tribal government under the general welfare exclusion” until the training and educa- tion previously described is completed. Section 4(a) further provides that the running of the period of limitation under section 6501 of the Code with respect to Indian Tribal governments and members of Indian Tribes is suspended during the period in which such audits and examina- tions are suspended. II. Prior Guidance Revenue Procedure 2014-35 (2014- 26 I.R.B. 1110), which was issued before section 139E was enacted, provided safe harbors under which the IRS conclusively presumed the individual need require- ment of the administrative general wel- fare exclusion is met for benefits provided under Indian Tribal government programs that meet the safe harbor requirements. In addition, the revenue procedure provided that the IRS will not assert that recipi- ents of benefits under a safe harbor must include the value of those benefits in gross income or that the benefits are subject to the information reporting requirements of section 6041 of the Code. Following the enactment of section 139E, the Department of Treasury (Trea- sury Department) and the IRS published Notice 2015-34 (2015-18 I.R.B. 942), providing guidance to taxpayers regard- ing the effect of section 139E on Revenue Procedure 2014-35. Notice 2015-34 pro- vides that taxpayers can rely on Revenue Procedure 2014-35 for the safe harbors under which certain benefits provided by Indian Tribal government programs may be excluded from gross income under the administrative general welfare exclusion. Additionally, Notice 2015-34 requested comments on issues that future guidance might address regarding the implementa- tion of section 139E and other parts of the Act. On June 16, 2021, the TTAC’s General Welfare Exclusion Subcommittee (TTAC GWE Subcommittee) submitted to the TTAC a report (TTAC Report) containing the TTAC GWE Subcommittee’s interpre- tation of the core principles underlying section 139E, and an Appendix contain- ing draft proposed regulations interpreting section 139E (TTAC draft proposed reg- ulations), consistent with those core prin- ciples. On October 26, 2022, the TTAC formally recommended and approved the TTAC Report to be submitted for the record and published for Tribal comment. The Treasury Department sent a Tribal consultation letter, dated October 27, 2022 (2022 Dear Tribal Leader Letter), to Tribal leaders to request consultation on the Act and the TTAC Report. The 2022 Dear Tribal Leader Letter announced consulta- tion meetings to be held on December 14, 15, and 16, 2022 (December 2022 Consul- tations), to discuss the Act and the TTAC Report. In response to the 2022 Dear Tribal Leader Letter, and after the December 2022 Consultations, the Treasury Depart- ment received 65 written comments from Tribes and two Tribal organizations (col- lectively, 2022 Tribal Comments). On September 17, 2024, following extensive consultation with TTAC, the Treasury Department and the IRS pub- lished a notice of proposed rulemaking (REG-106851-21) in the Federal Register (89 FR 75990) under section 139E (pro- posed regulations). The proposed regula- tions reflect consideration of the TTAC Report, December 2022 Consultations, 2022 Tribal Comments, and consultation with the TTAC and the TTAC GWE Sub- committee. The Treasury Department sent a Tribal consultation letter, dated September 13, 2024 (2024 Dear Tribal Leader Letter), to Tribal leaders to request consultation on the proposed regulations. The 2024 Dear Tribal Leader Letter announced consulta- tion meetings to be held on November 18, 19, and 20, 2024 (November 2024 Con- sultations), to discuss the proposed regula- tions. In response to the 2024 Dear Tribal Leader Letter and after the November 2024 Consultations, the Treasury Depart- ment received 103 written comments from Tribes and Tribal organizations (collec- tively, 2024 Tribal Comments). A public hearing on the proposed reg- ulations was held on January 13, 2025, at which five speakers provided testimony. The Treasury Department and the IRS received 41 public comments in response to the notice of proposed rulemaking. Copies of the comments are available for public inspection at http://www.regula- tions.gov or upon request. After considering all of the public com- ments, 2024 Tribal Comments, speaker outlines, and testimony (collectively, comments) received in response to the proposed regulations, and extensive con- sultation with the TTAC GWE Subcom- mittee, the Treasury Department and the IRS adopt the proposed regulations, as revised in response to such comments, as final regulations. The comments and the revisions are discussed in the following Summary of Comments and Explanation of Revisions section of this preamble. The Treasury Department and the IRS emphasize that the scope of tribal gen- eral welfare under section 139E and these regulations is broader than the scope of general welfare under the administrative general welfare doctrine, which is gen- erally limited to governmental programs providing benefits based on need. This broader scope is due both to specific lan- guage in section 139E itself, such as the language in section 139E(c)(5) providing that certain benefits for participating in certain cultural or ceremonial activities shall not be treated as compensation, and to the language in section 2(c) of the Act providing that ambiguities in the Act are to be resolved in favor of Indian Tribal governments and that deference must be given to Indian Tribal governments with respect to the programs they determine are to benefit the general welfare of the tribal community. Accordingly, section 139E and these final regulations do not provide any basis for analyzing the applicability of the administrative general welfare doc- trine to any benefit. Summary of Comments and Explanation of Revisions I. Overview This Summary of Comments and Explanation of Revisions summarizes the formal written public comments sub- mitted in response to the proposed reg- ulations; comments made at the public hearing announced in the preamble to the January 26, 2026 418 Bulletin No. 2026–5 proposed regulations and held on January 13, 2025; written Tribal comments pro- vided in connection with Treasury Tribal consultations; and comments made in connection with the TTAC GWE Sub- committee consultations addressing the proposed regulations. Comments merely summarizing or interpreting the proposed regulations generally are not discussed in this preamble. Most of the commenters expressed gen- eral approval of the proposed regulations and support for the deference provided for Tribal sovereignty; Tribal self-deter- mination; Tribal self-governance; and the diverse traditions, governance structures, cultures, geographies, and economic con- ditions of Tribal Nations and their citi- zens. Several commenters appreciated the clarity provided in the proposed reg- ulations, noting that the lack of guidance on this topic has hampered Tribal general welfare programs and that the regulations will enable Tribes to review and update existing Tribal general welfare programs to meet the requirements of section 139E. One commenter underscored the importance of excluding benefit amounts for housing and education, which are designed to address the negative impacts of prior policies, from tax. A few commenters expressed oppo- sition to all Federal taxation of Tribes; opposition to what a commenter describes as the proposed regulations’ “racist, pater- nalistic, ethnocentric, contrary to inter- national law, and contrary to self-deter- mination” character and the proposed regulations’ purported failure to put Tribal general welfare issues under the sole juris- diction of Tribes; opposition to purported interference with Congressional intent regarding the taxation, self-determination, and self-governance of Tribes; opposition to changes to current regulations; and opposition to the placement of arbitrary barriers on Tribal general welfare. The Treasury Department and the IRS have engaged in extensive consultation with the TTAC and Tribal leaders, prior to and following the issuance of the proposed regulations. The Treasury Department and the IRS have worked to address all con- cerns expressed in public comments and consultation to the extent permitted by the Act and section 139E. The comments received are addressed in more detail in parts II through X of this Summary of Comments and Explanation of Revisions. Many commenters supported the def- erence provided to Indian Tribal govern- ments in the proposed regulations and the acknowledgment that Tribal governments are best positioned to define, establish, and administer general welfare programs for their citizens, particularly with regard to Tribal determinations of the promo- tion of the general welfare and the iden- tification of activities as having cultural significance. These commenters further appreciated that this approach recognizes the Indian Tribal governments’ inherent sovereignty, right to self-determination, and right to self-governance. A few commenters referred to section 2(c) of the Act as evincing Congressional intent for deference to be given to Indian Tribal governments in the design and implementation of their general welfare programs without undue interference from the Federal government. Some comment- ers recommended that section 2(c) of the Act be specifically included in the final regulations because it is a key founda- tion of the Act and would be important to understanding section 139E and the regu- lations in the future. The Treasury Department and the IRS agree with commenters that section 2(c) of the Act is central to the interpre- tation of section 139E and that ambigu- ities in section 139E must be resolved in favor of Indian Tribal governments and deference to Indian Tribal govern- ments must be provided for the programs that are administered and authorized by the Tribe to benefit the general welfare of the Tribal community. The Treasury Department and the IRS applied section 2(c) of the Act when drafting these reg- ulations in a manner that provides def- erence to Indian Tribal governments and interprets ambiguities in section 139E in favor of the Indian Tribal governments. Notwithstanding that section 2(c) of the Act supplied these central principles that were used when drafting these final reg- ulations, the Treasury Department and the IRS agree with commenters that it is helpful to include the language from sec- tion 2(c) of the Act in new §1.139E-1(f) and remaining paragraphs are renum- bered accordingly. Section 1.139E-1(f) thus ensures the Congressional intent of deference to Tribes for programs admin- istered and authorized under the Act is preserved when interpreting section 139E. II. Section 139E Definitions A. Definition of Indian Tribal Government Under section 7701(a)(40)(A) of the Code, the term “Indian Tribal govern- ment” when used in the Code and “where not otherwise distinctly expressed or manifestly incompatible with the intent thereof,” 1 means “the governing body of any tribe, band, community, village, or group of Indians, or (if applicable) Alaska Natives, which is determined by the Secre- tary, after consultation with the Secretary of the Interior, to exercise governmen- tal functions.” Section 7701(a)(40)(B) further provides that “[n]o determination under subparagraph (A) with respect to Alaska Natives shall grant or defer any status or powers other than those enumer- ated in section 7871 [of the Code]. Noth- ing in the Indian Tribal Governmental Tax Status Act of 1982, or in the amendments made thereby, shall validate or invalidate any claim by Alaska Natives of sovereign authority over lands or people.” Section 139E(c)(1) of the Code expressly provides a broader meaning of the term “Indian Tribal government” for purposes of section 139E. The broader meaning is arrived at by adding two addi- tional sets of entities to the Code’s gen- eral definition of “Indian Tribal govern- ment.” The first set of additional entities includes “any agencies or instrumentali- ties of an Indian Tribal government.” The second set of additional entities includes “any Alaska Native regional or village corporation, as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).” An entity described in this second set of 1 Per the flush language of section 7701(a), each definition provided therein is generally applicable under provisions of the Code “where not otherwise distinctly expressed or manifestly incompatible with the intent thereof.” Bulletin No. 2026–5 419 January 26, 2026 additional entities is referred to in this preamble as an “Alaska Native regional or village corporation.” Proposed §1.139E-1(b)(4) addressed only the first set of entities included in the definition of Indian Tribal government in section 139E(c)(1) and clarified that for purposes of proposed §1.139E-1, the term “Indian Tribal Government” has the meaning provided in section 7701(a)(40) of the Code, and, as provided in section 139E(c)(1), also includes agencies and instrumentalities of such Indian Tribal governments. The proposed regulations did not address Alaska Native regional or village corporations in the definition of Indian Tribal government for purposes of the rules in §1.139E-1. Instead, the proposed regulations reserved proposed §1.139E-2 for future rules to clarify the application of section 139E to benefits provided by Alaska Native regional or vil- lage corporations. While one commenter expressed sup- port for the application of the proposed regulations to “Alaska Native Americans,” several commenters objected to the omis- sion of Alaska Native regional or village corporations from the definition of Indian Tribal government and from consultation prior to the issuance of the proposed reg- ulations. These commenters argued that Alaska Native regional or village corpo- rations should have been included in the definition in proposed §1.139E-1 and invited to participate in the Tribal consul- tation, and that their omission is contrary to Congressional intent, the statutory lan- guage of section 139E, the holding in Ye l- len v. Confederated Tribes of the Cheha- lis Reservation, 594 U.S. 338 (2021), the Indian Self-Determination and Education Assistance Act (ISDEAA), Public Law 93-638, 88 Stat. 2203 (1975), and Execu- tive Order 13175, Consultation and Coor- dination with Indian Tribal Governments (November 9, 2000). These commenters expressed con- cern that the omission of Alaska Native regional or village corporations from this definition may suggest section 139E is not applicable to Alaska Native regional or village corporations, with one commenter suggesting shareholders of Alaska Native regional or village corporations who are not otherwise members of Tribes could be disproportionately impacted. One commenter requested consulta- tion with Alaska Native regional or vil- lage corporations be held immediately and that the Treasury Department and the IRS publish a proposed regulation under §1.139E-2 with notice and comment on such regulation prior to issuing final regu- lations under §1.139E-1. The Treasury Department and the IRS understand the concerns raised by these comments and agree with commenters that section 139E(c)(1) includes Alaska Native regional or village corporations in the definition of Indian Tribal government for purposes of section 139E. The omis- sion of Alaska Native regional or village corporations from the definition of Indian Tribal government in proposed §1.139E-1 was never intended to suggest Indian gen- eral welfare benefits cannot be provided by an Alaska Native regional or village corporation to or on behalf of its members (or any spouse or dependent of such mem- bers). Thus, the Treasury Department and the IRS agree that section 139E permits Alaska Native regional or village corpo- rations to provide Indian general welfare benefits, and that other provisions of the Act also apply to Alaska Native regional or village corporations. The Treasury Department and the IRS therefore held consultation with Alaska Native regional or village corporations on section 139E on July 29, 2025. The feedback received during this consulta- tion will help the Treasury Department and the IRS determine what customiza- tions of the rules in §1.139E-1 may be useful in promulgating regulations under §1.139E-2 that will apply specifically to Alaska Native regional or village corpo- rations and make more clear their ability to provide benefits under section 139E. As part of this consultation, the Treasury Department and the IRS asked ques- tions of Alaska Native regional or vil- lage corporations, the answers to which will inform the drafting of regulations tailored to the needs of Alaska Native regional or village corporations to imple- ment section 139E more effectively. The Treasury Department and the IRS expect the process of promulgating additional final regulations under §1.139E-2 will be similar to the process used to promulgate §1.139E-1 applicable to Federally recog- nized Tribes. Accordingly, these final regulations under §1.139E-1 do not include Alaska Native regional or village corporations in the definition of Indian Tribal government found in §1.139E-1(b)(4). However, see part X.B. of this Summary of Comments and Explanation of Revisions for a dis- cussion of the consultation and the abil- ity of Alaska Native regional or village corporations to choose to apply the rules of §1.139E-1 as included in this Treasury decision pending the promulgation of additional regulations under §1.139E-2. B. Definition of Tribe Proposed §1.139E-1(b)(7) would define “Tribe” as any Indian Tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village as defined in 43 U.S.C. 1602(c), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. Alaska Native regional or village corporations are excluded from this definition of Tribe. Two commenters requested Alaska Native regional or village corporations be included in the definition of Tribe in §1.139E-1(b)(7) of the final regulations. The Treasury Department and the IRS decline to modify the definition of Tribe in §1.139E-1(b)(7) of these final regulations because subsequent guidance promulgated at §1.139E-2 will specifically address the application of the requirements of section 139E to Alaska Native regional or village corporations. The Treasury Department and the IRS acknowledge that Alaska Native regional or village corporations can have programs that qualify to provide general welfare benefits that are exclu- dible from gross income under section 139E. However, the Treasury Department and the IRS intend to issue future guid- ance specific to the unique circumstances of Alaska Native regional or village cor- porations. See, however, part X.B. of this Summary of Comments and Explana- tion of Revisions for further discussion of the consultation with Alaska Native regional or village corporations and the ability of an Alaska Native regional or village corporation to choose to apply the rules of §1.139E-1 as included in this Treasury decision pending the promulga- January 26, 2026 420 Bulletin No. 2026–5 tion of additional final regulations under §1.139E-2. C. Definition of Tribal Program Participant 1. In General Proposed §1.139E-1(b)(8) would pro- vide that the term “Tribal program par- ticipant” means a Tribal member, spouse of a Tribal member within the meaning of §301.7701-18 of the Procedure and Administration Regulations (26 CFR part 301), spouse of a Tribal member under applicable Tribal law, dependent of a Tribal member, or other individual who has been determined by the Indian Tribal government to be eligible for a Tribal gen- eral welfare benefit because such individ- ual is, with respect to a Tribal member, an ancestor, descendant, former spouse, widow or widower, legally recognized domestic partner or former domestic part- ner. Most commenters supported the breadth of, and deference provided by, the definition of Tribal program participant in proposed §1.139E-1(b)(8) and supported the use of Tribal law to determine eligible program participants. Some commenters requested that Indian Tribal government programs be able to cover additional cat- egories of recipients, including unenrolled individuals in the community; step-par- ents, custodians, guardians, and foster parents of an Indian child; and other mem- bers of the same household. Commenters broadly requested Tribes be able to define the categories listed in the Tribal program participant definition in the proposed reg- ulations. The Treasury Department and the IRS generally decline to expand the definition of Tribal program participant in these final regulations to individuals that are unen- rolled members of the Tribal community. These individuals are neither members of an Indian Tribe (or any spouse or depen- dent of such a member) as described under section 139E(b), nor “qualified nonmem- bers” under Revenue Procedure 2014-35. The Treasury Department and the IRS have determined the statutory language and legislative history generally do not support an extension of section 139E beyond the individuals provided in the definition of Tribal program participant under proposed §1.139E-1(b)(8). However, the Treasury Department and the IRS have determined the definition of Tribal program participant should be clar- ified to include an individual for whom a Tribal member is a caregiver authorized under Tribal or State law. The Treasury Department and the IRS understand a Tribal member may be legally authorized or required to be a caregiver for an indi- vidual even though such individual is not otherwise eligible to receive payments under the Indian Tribal government pro- gram. This definitional change from the proposed regulations is a clarification of the deference given to Indian Tribal gov- ernment programs to determine whether providing benefits to a Tribal member to care for such individuals is for the promo- tion of general welfare. 2. Special rule for Ceremonial or Cultural Activities Proposed §1.139E-1(b)(8)(ii) would provide that, solely for purposes of pro- posed §1.139E-1(e), the definition of Tribal program participant may include a member or citizen of a Tribe other than the Tribe that establishes or maintains the Indian Tribal government program that provides the Tribal general welfare ben- efit. One commenter recommended that proposed §1.139E-1(b)(8)(ii) should be revised to include benefits provided by an Indian Tribal government program, according to the custom of certain Tribes, to the spouse of a member or citizen of a different Tribe. Other commenters requested that final §1.139E-1(b)(8)(ii) apply to indigenous people from outside the United States, including Canada, Mex- ico, and South America, if these individu- als participate in a Tribe’s ceremonial and cultural activities for the transmission of Tribal culture. Accordingly, §1.139E-1(b)(8)(ii) of these final regulations provides that, solely for purposes of §1.139E-1(e), relat- ing to cultural or ceremonial activities, the definition of “Tribal program participant” includes, in addition to a member or citi- zen of a different Tribe, other individuals described in §1.139E-1(b)(8)(i). For pur- poses of this addition, in applying para- graph §1.139E-1(b)(8)(i), such member or citizen of another Tribe will be treated as a Tribal Member. The Treasury Depart- ment and the IRS understand that a mem- ber or citizen of another Tribe, the spouse and certain other family members of the member or citizen of another Tribe, may also participate in another Tribe’s cultural or ceremonial activities. As such, these final regulations broaden the special rule of §1.139E-1(b)(8)(ii), which continues to apply solely for purposes of §1.139E-1(e). However, the Treasury Department and the IRS have determined that the ben- efits that section 139E refers to are those provided to or on behalf of members of a Tribe (or any spouse or dependent of such a member). “Tribe” is defined by reference to section 45A(c)(6) of the Code, which generally refers to Federally recognized Tribes. Accordingly, §1.139E-1(b)(8)(ii) of these final regulations does not expand the reference to members or citizens of a different Tribe to include members or cit- izens of non-Federally recognized Tribes whether located in or outside of the United States. D. Definition of Dependent Proposed §1.139E-1(b)(10) would define the term “dependent” in accordance with section 139E(c)(2). However, for ease of readability, the proposed regula- tions would not cite the specific Code sec- tions but instead would describe the rules for determining who is a dependent under section 152(a) of the Code without regard to section 152(b)(1), (b)(2), and (d)(1)(B). Several commenters recommended that Tribes should be given broad deference, or “sole discretion,” to define the term dependent under Tribal law for purposes of section 139E and the final regulations, or otherwise provide a presumption that the Indian Tribal government’s definition of dependent is valid. These comment- ers highlighted that dependent may be defined differently under the law of each Indian Tribal government, or that a Tribe may lack sufficient information to deter- mine whether a general welfare program recipient, including a non-member child, is eligible for benefits under section 139E and the proposed regulations. The Treasury Department and the IRS decline to change the definition of depen- Bulletin No. 2026–5 421 January 26, 2026 dent in these final regulations, as this term is expressly defined in section 139E(c)(2). The statute unambiguously defines depen- dent, as provided in section 152 as mod- ified by section 139E(c)(2). However, these final regulations clarify that for purposes of section 139E the term depen- dent has the meaning provided in section 152 determined without regard to section 152(b)(1), (b)(2), and (d)(1)(B). III. Indian Tribal Government Program Proposed §1.139E-1(c) would provide certain requirements that a program must meet to constitute an “Indian Tribal gov- ernment program” for purposes of section 139E and the proposed regulations. These requirements are: (1) the program must be established by an Indian Tribal govern- ment, (2) the program must be adminis- tered under specified guidelines, and (3) the program cannot discriminate in favor of members of the governing body. Each requirement is discussed in more detail in this part III. A. Program Must be Established Proposed §1.139E-1(c)(2) would pro- vide that a program must be established by an Indian Tribal government. The program may be established by Tribal custom, government practice, or formal action of the Indian Tribal government under applicable Tribal law. The proposed regulations also would provide that, to the extent permitted by applicable Tribal law, an Indian Tribal government may delegate authority to establish general welfare pro- grams to a designated individual or entity of the Indian Tribal government. More- over, the proposed regulations would pro- vide that an Indian Tribal government is not required to set forth the program in a written document unless applicable Tribal law requires a writing as part of the formal actions of the Indian Tribal government. Many commenters approved of the flexible program documentation require- ments, noting that this flexibility reflects respect for the diverse traditions and governance structures of Tribal nations by allowing programs to be established through Tribal customs, practices, or formal written policies. These comment- ers noted that such respect is essential to meaningful self-determination. However, one commenter recommended that the final regulations include guidance on what documentation is necessary for programs established before the documentation standards provided in the proposed reg- ulations, and recommended that Indian Tribal governments be permitted to affirm or establish multiple existing programs with a single, blanket action. The com- menter also requested the final regulations recognize Tribal laws that provide a less formal path to establish programs. The Treasury Department and the IRS have determined that no modifications are needed in these final regulations to the text used in proposed §1.139E-1(c) (2). Section 139E(c)(4) and §1.139E-1(c) (2) allow a program to be established by Tribal custom or government practice, and defer to Tribal law to determine what formal action, if any, of the Indian Tribal government is necessary to establish a program. Section 1.139E-1(c)(2) provides deference to the Indian Tribal government to determine whether a program is to be established by Tribal custom or govern- ment practice, or by formal action of the Indian Tribal government. Thus, in gen- eral, the Treasury Department and the IRS would respect an Indian Tribal govern- ment’s action of affirming or establishing multiple existing programs with a single formal action as satisfying §1.139E-1(c) (2) if such action is permitted by Tribal law. The Treasury Department and the IRS also decline to depart from the language of the proposed regulation to provide examples of less formal ways that may be used to establish a program because §1.139E-1(c)(2) already provides that “formal action” means authorization of the program pursuant to Tribal law. The Treasury Department and the IRS intend that §1.139E-1(c)(2) provides deference to the Indian Tribal government, subject to the application of its Tribal laws, to determine the process required to estab- lish programs. B. Program Must be Administered Under Specified Guidelines Proposed §1.139E-1(c)(3) would pro- vide the requirements for the administra- tion of the program under specified guide- lines. In general, the specified guidelines of the program represent the framework for the program’s operations. Under pro- posed §1.139E-1(c)(3), the specified guidelines of the program must include, at a minimum, a description of the program to provide Tribal general welfare bene- fits, the benefits provided by the program (including how the benefits are deter- mined), the eligibility requirements for the program, and the process for receiving benefits under the program. While Indian Tribal governments may choose to set forth the specified guidelines in writing, an Indian Tribal government program is not required to memorialize the specified guidelines in a writing. Many commenters approved of the flexibility in the proposed regulations to develop program guidelines, which is essential to meaningful self-determi- nation, and recommended that the final regulations not add additional require- ments that could negatively impact the deference to Tribes and the recognition of their varied and unique governance struc- tures. To that end, one commenter recom- mended that the final regulations provide that Indian Tribal governments have the sole discretion to determine the form and content of specified guidelines, consistent with Tribal law. Section 139E(b)(1) provides that an Indian Tribal government program must be administered under specified guide- lines. However, the Treasury Department and the IRS acknowledge that Indian Tribal governments are entitled to def- erence for the programs they establish and administer. Proposed §1.139E-1(c) (3) would also provide that in addition to the minimum details described above, the Indian Tribal government may provide additional details in the program’s speci- fied guidelines and choose to memorialize this information in a writing. However, proposed §1.139E-1(c)(3) would not require the specified guidelines to be in writing. Several commenters requested clarifi- cation or removal of one of the minimum requirements for specified guidelines in proposed §1.139E-1(c)(3). Specifically, these commenters considered the paren- thetical phrase, “(including how bene- fits are determined),” to be ambiguous. The commenters suggested the phrase is January 26, 2026 422 Bulletin No. 2026–5 either redundant with the requirement for a description of the “eligibility require- ments,” or alternatively requires an Indian Tribal government to provide detailed justification of any benefits provided, con- trary to the general deference provided to Indian Tribal governments in the proposed regulations. The parenthetical phrase in proposed §1.139E-1(c)(3), “(including how ben- efits are determined),” was intended by the Treasury Department and the IRS to require the specified guidelines of a pro- gram to include information as to how the type of benefit provided under the program would promote the Indian Tribal govern- ment’s general welfare goal. The Treasury Department and the IRS acknowledge many commenters found the language to be unclear and have determined that the language is unnecessary because its intent is adequately addressed by the other spec- ified guidelines. Thus, §1.139E-1(c)(3) of the final regulations states in relevant part that the “specified guidelines must include, at a minimum, a description of the program to provide Tribal General Wel- fare Benefits, the eligibility requirements for the program, a description of the type of benefits authorized by the program, and the process for receiving benefits under the program.” One commenter expressed further concern that proposed §1.139E-1(c)(3) is ambiguous in its application or applicabil- ity to programs created prior to the issu- ance of proposed or final regulations under section 139E, or programs for which the requirements are set forth in several doc- uments or actions, as may be required to meet the acute needs of the community. The specified guidelines provided in §1.139E-1(c)(3) are minimum program guidelines that are fundamental to the operation of a Tribal general welfare pro- gram under section 139E. The Treasury Department and the IRS understand that some transition time may be necessary to ensure Indian Tribal government pro- grams meet both the establishment and the administration requirements (includ- ing the specified guidelines requirement). Section 1.139E-1(c)(3) does not pro- vide guidance on transition for existing programs because transitional rules are more broadly provided elsewhere in these regulations. Specifically, §1.139E-1(h) provides that Indian Tribal governments and Tribal program participants will be required to apply the final regulations to taxable years of Tribal program partic- ipants that begin on or after January 1, 2027, while also allowing Indian Tribal governments the ability to choose to apply the rules of §1.139E-1, in their entirety, to benefits provided to Tribal program par- ticipants in prior taxable years. The Trea- sury Department and the IRS believe this applicability date provides Indian Tribal governments a reasonable transition period to make any program adjustments or updates that may be necessary for their programs to satisfy the requirements of §1.139E-1. The Treasury Department and the IRS emphasize that §1.139E-1(c)(3) does not require the specified guidelines to be in writing or otherwise prescribe how the Indian Tribal government program retains its specified guidelines. Thus, the pro- gram may satisfy the specified guidelines requirement in §1.139E-1(c)(3) with a single written document, several docu- ments, or non-written guidelines. Section 1.139E-1(c)(3) is intended to provide broad deference to Indian Tribal govern- ments to determine how such specified guidelines are created, maintained, or modified. C. Program Cannot Discriminate in Favor of Members of the Governing Body of the Tribe Proposed §1.139E-1(c)(4) would pro- vide that an Indian Tribal government program may not discriminate in favor of members of the governing body of the Tribe (non-discrimination requirement). A governing body is generally the legislative body of the Tribe, such as the Tribal coun- cil, or the representative equivalent of the legislative body of the Tribe. However, proposed §1.139E-1(c)(4)(ii) would treat a program as being in compliance with the non-discrimination requirement if the governing body of the Tribe consists of the entire adult membership of the Tribe, referred to as a “general council Tribe.” Proposed §1.139E-1(c)(4)(iii) would provide a facts and circumstances test to determine whether a program, either by its terms or in its administration, discrim- inates in favor of members of the gov- erning body of the Tribe. For example, the administration of a program would discriminate in favor of members of the governing body if, based on the facts and circumstances, the benefits provided during the taxable year disproportionately favor members of the governing body of the Tribe. Thus, for example, a program established to provide benefits solely to the children of members of the govern- ing body of the Tribe (unless the Tribe is a general council Tribe) and thus defrays costs otherwise borne by the members of the governing body would fail to satisfy the non-discrimination requirement. Commenters indicated that it is unlikely that an Indian Tribal government would differentiate benefits or establish a general welfare program solely for its governing body because it contradicts the intent of a general welfare program to provide for the well-being of Tribal members. In addition, commenters recommended changes from the language of proposed §1.139E-1(c) (4) to prevent potential unintended con- sequences for situations where a program benefit would be available to any eligible Tribal member but, in a particular point of time, the only eligible beneficiaries of a particular Tribal general welfare benefit are members of the Indian Tribal govern- ment or their family members. The com- menters provided an example of a tuition assistance program in which one individ- ual beneficiary may qualify for benefits in the taxable year, and such individual is a family member of a Tribal government official. Commenters requested clarifi- cation on the application of proposed §1.139E-1(c)(4) where benefit distribu- tions vary annually but may have the appearance in any given year that distri- butions disproportionately benefit cer- tain Tribal members. These commenters emphasized that §1.139E-1(c)(4) should evaluate an Indian Tribal government program based on its structure and his- torical administration, and whether such program is designed and administered to avoid discrimination in favor of a Tribe’s governing body. Finally, one commenter requested clarification that benefits pro- vided to former members of Tribal gov- erning bodies to compensate for sacrific- ing Social Security benefit credits during their terms of service are not considered either compensation for current services Bulletin No. 2026–5 423 January 26, 2026 or discriminatory in favor of such recip- ients such that they would fail to satisfy section 139E under the final regulations. The Treasury Department and the IRS agree with commenters that clarification would be helpful on how the facts and circumstances test in proposed §1.139E- 1(c)(4) applies in certain situations. The Treasury Department and the IRS under- stand that there may be instances when, in a given year, a program distributes benefit payments disproportionately to members of the governing body or their families even though the program does not by its terms disproportionately favor members of the governing body and, in most other years, does not disproportionately favor members of the governing body. The facts and circumstances test provides flexibility to account for an anomalous year where a program otherwise does not dispropor- tionately favor members of the governing body. Nevertheless, the Treasury Depart- ment and the IRS agree that clarifying language in §1.139E-1(c)(4) would be helpful. Accordingly, these final regula- tions revise §1.139E-1(c)(4)(iii) to pro- vide that a program discriminates in favor of members of the governing body of the Tribe if, based on the totality of the facts and circumstances, the benefits provided during the year disproportionately favor members of the governing body of the Tribe because of their status as members of the governing body. The Treasury Department and the IRS do not provide any clarification in response to the comment regarding a specific fact pattern involving benefits provided to for- mer members of Tribal governing bodies because there are not sufficient facts to address the comment. However, the Trea- sury Department and the IRS affirm that section 139E(b)(1) and §1.139E-1(c)(4) provide that an Indian Tribal government program cannot discriminate in favor of members of the governing body. D. No Limitation on Source of Funds Proposed §1.139E-1(c)(5) would pro- vide that benefits under the Indian Tribal government program may be funded by any source of revenue or funds, includ- ing funds derived from levies, taxes, and service fees; settlements; revenues from Tribally-owned businesses, including casino revenues; funds from Federal, State, or local governments; and funds from other sources, including grants and loans, to provide benefits under an Indian Tribal government program. Proposed §1.139E-1(c)(5)(ii) also specifically would permit the funding of Indian Tribal government programs with net gaming revenues. However, the preamble to the proposed regulations noted that an Indian Tribal government is permitted to restrict the source and amount of funds available to provide benefits under the Indian Tribal government program. Several commenters appreciated that the enumeration of permissible sources in proposed §1.139E-1(c)(5) was not all-in- clusive or limiting but recommended that the list explicitly include “grantor trusts” and deferred benefit accounts as permis- sible sources of funding. See part III.D.2. of this Summary of Comments and Expla- nation of Revisions for a discussion of the use of trusts in Tribal general welfare pro- grams. 1. Benefits Funded by Net Gaming Revenues Proposed §1.139E-1(c)(5)(ii) would provide that benefits under the Indian Tribal government program may be funded by net gaming revenues as per- mitted under the Indian Gaming Regula- tory Act (25 U.S.C. 2701-2721) (IGRA). However, per capita payments, as defined under IGRA, are subject to Federal taxa- tion under IGRA and are not excludable from gross income under section 139E or the regulations. Proposed §1.139E-1(c) (5)(ii) further would provide that, for pur- poses of section 139E, a payment is a per capita payment if it is identified by the Indian Tribal government as a per capita payment in a Revenue Allocation Plan (RAP) that is approved by the Department of the Interior (DOI). Several commenters approved of pro- posed §1.139E-1(c)(5) providing that Tribes may use any revenue source for general welfare programs, including gam- ing revenue, because the rule supports Tribal sovereignty regarding the use of a Tribe’s financial resources. However, several commenters requested that the final regulations confirm the Treasury Department and the IRS will defer to, or give sole discretion to, Indian Tribal gov- ernments with respect to allocations under an approved RAP as between per capita payments and Tribal general welfare pro- grams. Conversely, some commenters expressed concern that DOI may evalu- ate a program’s compliance under section 139E and urged the Treasury Department and the IRS to communicate these con- cerns with DOI and the National Indian Gaming Commission (NIGC). In response to the comments received, these final regulations differ from pro- posed §1.139E-1(c)(5)(ii) in providing that for purposes of section 139E and these regulations, the determination of whether a payment is a per capita pay- ment is based on the RAP that is in effect (that is, approved by DOI) at the time the per capita payment is made to the recip- ient. The clarification is made because the Treasury Department and the IRS are aware that Indian Tribal governments may modify a RAP and IGRA trusts over the years. As discussed in part III.D.2. of this Summary of Comments and Expla- nation of Revisions, for purposes of sec- tion 139E, whether a distribution from a grantor trust owned by the Indian Tribal government is a general welfare payment is determined when the payment is distrib- uted to the Tribal program participant. In the view of the Treasury Department and the IRS, the language in proposed §1.139E-1(c)(5)(ii) would provide def- erence to an Indian Tribal government’s determinations of how net gaming revenue is allocated. Specifically, §1.139E-1(c)(5) (ii) provides that, for purposes of section 139E and these regulations, a payment is a per capita payment if it is identified by the Indian Tribal government as a per capita payment in a RAP that is approved by the DOI. Similarly, for an Indian Tribal gov- ernment without a RAP, the determination of the Indian Tribal government that the payment is not a per capita payment is controlling for Federal income tax pur- poses. Thus, for purposes of section 139E and §1.139E-1(c)(5)(ii), the IRS will defer to the Indian Tribal government’s deter- mination that the allocation of net gaming revenues is classified as general welfare, or conversely a per capita payment made pursuant to a RAP. The Treasury Department and the IRS confirm that DOI and NIGC do not January 26, 2026 424 Bulletin No. 2026–5 have jurisdiction over the determination of whether a program satisfies section 139E and these regulations. The Treasury Department and the IRS have jurisdic- tion over interpretation of the Internal Revenue Code (26 U.S.C. 1 et seq.), and the IRS is the agency responsible for determining whether a program satisfies the requirements of section 139E and these regulations. The Treasury Depart- ment and the IRS plan to communicate the commenters’ concerns with DOI and NIGC and ensure open dialogue will continue in the future over jurisdictional responsibilities of the respective agen- cies. 2. Benefits Paid as Distributions from a Grantor Trust The proposed regulations would not provide guidance on distributions from grantor trusts. In part V.C. of the Explana- tion of Provisions section of the preamble to the proposed regulations, the Treasury Department and the IRS requested com- ments on whether additional guidance under section 139E or other Code sections is needed to address the tax treatment of deferred benefits or benefits paid from trust arrangements, and, if so, what spe- cific fact patterns should be addressed. Most commenters requested that the final regulations include guidance on grantor trusts because many Tribes use grantor trusts and deferred benefit arrangements for flexibility and for the ability to leverage the principal amount of general welfare benefits over a longer period of time, such as with elder care, mortgage, and education benefits. Com- menters generally disagreed that Revenue Procedure 2011-56 (2011-49 I.R.B. 834) adequately addresses the use of grantor trusts for excluded Tribal general welfare benefits because that guidance refers to taxable, but tax-deferred, per capita pay- ments under IGRA. Several commenters recommended that, for purposes of section 139E, amounts held in grantor trusts owned by the Indian Tribal government should be treated like any other Tribal accounts because the Tribe is the owner of the Tribal general welfare benefits until they are disbursed. Commenters note grantor trusts are a tool that may be used to deliver Tribal general welfare benefits if the trust distributions are administered pursuant to the Indian Tribal government program. Many commenters requested that the final regulations confirm that Tribes may use grantor trusts to fund Indian Tribal gov- ernment programs, and that any interest and capital gains earned by the trust also are treated as Tribal general welfare pay- ments at the time the program distributes a payment from the grantor trust to the Tribal program participant. For exam- ple, one commenter requested clarity on whether distributions from grantor trust accounts that are paid out at the age of majority are Tribal general welfare ben- efits under section 139E such that distri- butions of the grantor trust’s interest and earnings are also excludable from income at the time of distribution. Some commenters discussed grantor trusts and IGRA. For example, some com- menters suggested that grantor trust distri- butions should be excluded under section 139E if the grantor trust distributions are Tribal general welfare benefits under sec- tion 139E and not otherwise treated as per capita distributions under the Tribe’s RAP. The commenter requested that final regulations provide that Tribes may place funds in a grantor trust, identified to spe- cific member subaccounts, that generally conform to existing guidance for IGRA minors’ trusts, for future use for general welfare purposes, without Federal income tax consequence to the beneficiary. One commenter also requested guidance on whether a distribution from such a trust could be excluded under section 139E if made pursuant to a plan under section 529, a medical savings plan, a plan under an Indian Tribal government program, or other similar plan. One commenter recommended that Revenue Procedure 2011-56 be modi- fied to expand the safe harbor to provide additional provisions that can satisfy the safe harbors for trust programs that pro- vide taxable benefits to minors and cer- tain other individuals. Additionally, many commenters requested guidance on how trusts involving taxable income can be restructured to provide Tribal general wel- fare benefits. Finally, some commenters requested that the language of proposed §1.139E- 1(c)(5) be expanded to include grantor trusts as a permissible funding source for an Indian Tribal government program. Commenters noted grantor trusts are an important tool used to care for Tribal members, and it is a glaring omission to not include grantor trusts in proposed §1.139E-1(c)(5) that could lead to pos- sible negative inferences. Several com- menters described using gaming revenues to fund grantor trusts for minors and mem- bers with legal disabilities and being per- mitted under IGRA to make distributions to their parents or legal guardians to pay health, education, and welfare benefits for the benefits of such minors and certain other individuals. One of these comment- ers noted that this use of trusts indicates Tribes are free to use trust funds to pro- vide Tribal general welfare benefits just as they are free to use any other revenue source. The Treasury Department and the IRS agree with commenters that a benefit dis- tributed from certain grantor trusts can be a Tribal general welfare benefit under section 139E if the benefit otherwise sat- isfies the requirements of §1.139E-1(d), and that additional guidance on the use of grantor trusts would be helpful. Accord- ingly, these final regulations include express language regarding distributions from grantor trusts in new §1.139E-1(c) (5)(iii). New §1.139E-1(c)(5)(iii), which applies to a trust or the portion of a trust of which the Indian Tribal government is treated as the owner under sections 671 through 677 of the Code, provides that a benefit distributed by a trust that otherwise satisfies the requirements of §1.139E-1(d) is a Tribal General Welfare Benefit under section 139E. Conversely, a distribution from a grantor trust, or portion thereof, will not be considered a Tribal general welfare benefit to the extent the distri- bution, or portion thereof, fails to satisfy section 139E and the regulations. Section 1.139E-1(c)(5)(iii) further provides that the determination of whether a benefit distributed by a grantor trust is a Tribal general welfare benefit is made at the time the benefit is distributed from the grantor trust to the Tribal program participant. Thus, for example, a distribution from the grantor trust that is paid to an individual as compensation (determined at the time of distribution) would not be excludible under section 139E (unless the exception Bulletin No. 2026–5 425 January 26, 2026 relating to cultural or ceremonial activities applies). The Treasury Department and the IRS have determined that providing additional safe harbors under Revenue Procedure 2011-56 is outside the scope of this reg- ulation. Revenue Procedure 2011-56 pro- vides a safe harbor under which the IRS treats a Tribe as the grantor and owner of a trust for the receipt of Tribal gaming revenues under IGRA for the benefit of minors and certain other individuals. That guidance provides rules addressing trusts under IGRA that are not affected by these final regulations. Commenters requested clarification on the Federal income tax treatment of grantor trust distributions when the Indian Tribal government has previously set up a minor’s trust under IGRA for per cap- ita payments but subsequently distributes general welfare payments from such trust to the Tribal program participant. The Treasury Department and the IRS have generally determined that where an IGRA trust satisfies Revenue Procedure 2011- 56 and is treated as owned by the Indian Tribal government, the Indian Tribal gov- ernment may subsequently determine dis- tributions from the trust are for general welfare purposes under section 139E to the extent that DOI approval is otherwise received to modify a RAP or IGRA trust, as applicable. In general, the date of distri- bution from the IGRA trust is the relevant time at which to determine whether the payment is a Tribal general welfare benefit or a per capita payment. The Indian Tribal government, subject to DOI approvals of RAPs or IGRA trusts, has sole discretion to determine whether a payment is a per capita payment for purposes of section 139E and these regulations. 3. Deferred Benefits Some commenters requested that the final regulations provide that Tribal mem- bers have the right to defer or disclaim current, smaller, general welfare benefits in exchange for the Tribe funding future, larger general welfare benefits for more- costly needs. One of these commenters noted the importance of flexibility to allow Tribal members to prioritize assistance that meets their specific needs. Some com- menters noted they agree with the TTAC proposal that complex IRS deferred com- pensation rules, like constructive receipt, should not apply to deferred general wel- fare benefits. The Treasury Department and the IRS do not agree with the suggestion that Fed- eral income tax principles, such as the constructive receipt doctrine, should be inapplicable to deferred general welfare benefits. The language of section 139E does not provide an exception for treat- ing amounts that, under ordinary Federal income tax principles (such as principles of constructive receipt), are actually or constructively transferred to or for the benefit of a Tribal program participant in one taxable year as being transferred in a later taxable year. The Treasury Depart- ment and the IRS note that, as a general matter, a Tribal program participant’s election to defer a Tribal general welfare benefit that is made before the Tribal pro- gram participant would have rights to the Tribal general welfare benefit under Tribal law would not be treated as constructively received by the Tribal program participant for Federal income tax purposes. E. Recordkeeping Requirements of the Tribal Program Participant The preamble to the proposed regula- tions stated, under the general recordkeep- ing requirements of section 6001, that Tribal program participants are required to maintain records sufficient to show that the value of a Tribal general welfare ben- efit received from an Indian Tribal gov- ernment program is excludible from gross income. Under section 6001 and §1.6001- 1(a), taxpayers are required to maintain records sufficient to establish the amount of gross income or other matters required to be shown by them in any return of income tax. Many commenters expressed confu- sion regarding substantiation requirements that Tribal program participants may have for benefits received from Indian Tribal government programs. One commenter expressed appreciation that Tribes and Tribal program participants, in the com- menter’s interpretation of the proposed regulations, were not required to keep receipts to substantiate benefits. How- ever, other commenters recommended that the final regulations expressly pro- vide that Tribal program participants will not be subject to additional substantiation requirements such as maintaining receipts or other proof not otherwise required by the Indian Tribal government program. Further, some of these commenters pointed out that the Treasury Department stated at Tribal consultations that receipts were not needed to substantiate the benefit. In gen- eral, commenters explained that imposing additional substantiation requirements on Indian Tribal governments and Tribal program participants would create admin- istrative burdens and contradict the Act’s objective of streamlining Tribal program administration. Some commenters referred to the TTAC Report, which proposes that individual members should not be required to submit receipts to prove general welfare expenses if there is sufficient documentation of an Indian Tribal government’s general wel- fare program, including written program guidelines, and that compliance should be presumed for Tribal program participants where the Indian Tribal government can show benefit amounts are reasonably cal- culated to meet general welfare needs and the method of distribution to members is reasonably expected to achieve program goals. Other commenters proposed that the IRS should use an Indian Tribal gov- ernment’s year-end compliance certifi- cates confirming general welfare expenses at or above program benefit levels and any corroborating program documenta- tion as sufficient substantiation of a Tribal program participant’s benefits. Finally, a commenter recommended that complete deference be given to Indian Tribal gov- ernment determinations for the adminis- tration of program benefits such that the Tribal program participant’s substantia- tion of Tribal general welfare benefits for Federal income tax purposes is satisfied. Many commenters requested that the Treasury Department and the IRS main- tain the deference to Indian Tribal gov- ernment program methods for substantia- tion of general welfare program benefits so long as an Indian Tribal government implements its general welfare program consistent with written program guide- lines that meet the criteria of section 139E. These commenters suggested addressing only situations where additional substanti- ation may be required. Some commenters January 26, 2026 426 Bulletin No. 2026–5 noted that substantiation requirements for benefits add administrative costs to Indian Tribal governments. These final regulations do not impose additional recordkeeping requirements on Tribal program participants. However, section 6001 and §1.6001-1 generally require a taxpayer to maintain records to establish the amount of gross income reported on the taxpayer’s tax return. This requirement is independent of the exclu- sion provided under section 139E. Not- withstanding the previous sentence, the Treasury Department and the IRS confirm that individuals are not required to main- tain personal receipts to substantiate that a benefit provided under an Indian Tribal government program was used by the recipient for the purpose for which it was provided. Deference is given to the Indian Tribal government with regard to the gen- eral welfare programs it administers and, accordingly, what requirements a Tribal program participant may need to satisfy in order to receive program benefits. Accordingly, the Treasury Department and the IRS do not prescribe any spe- cific types of documentation that a Tribal program participant would be required to retain to substantiate that a particular benefit is a Tribal general welfare bene- fit excludable from gross income under section 139E. Nonetheless, corroborat- ing program documentation, such as a written description of the Indian Tribal government program, an application or acceptance letter into the program, or any year-end compliance certificates of the Indian Tribal government may satisfy the requirements of section 6001 and §1.6001- 1. Moreover, Tribal program participants may choose to ask the Indian Tribal gov- ernment for clarification on whether the benefit is intended to be a Tribal general welfare benefit under section 139E. IV. Tribal General Welfare Benefits A. Benefits Must be for the Promotion of General Welfare within the Meaning of Section 139E 1. Deference to Tribes in Determining Promotion of General Welfare Proposed §1.139E-1(d)(2)(i) would provide that a benefit provided under an Indian Tribal government program must be for the promotion of general welfare, and that the Indian Tribal government determines that a benefit is for the promo- tion of general welfare at the time it estab- lishes the program. Proposed §1.139E- 1(d)(2)(i) would provide that an Indian Tribal government has sole discretion to determine whether a benefit is for the promotion of general welfare and that the IRS will defer to the Indian Tribal gov- ernment’s determination that a benefit is for the promotion of general welfare. Pro- posed §1.139E-1(d)(2)(i) would provide that Tribal general welfare benefits may be provided without regard to financial or other need of Tribal program participants and may be provided on a uniform or pro- rata basis. Commenters generally appreciated the deference provided to Indian Tribal gov- ernments for establishing programs to promote the general welfare. Commenters noted that Indian Tribal governments are uniquely positioned to assess the distinct cultural, social, and economic needs of their Tribes and Tribal program partici- pants, and structure their general welfare programs accordingly. Several comment- ers also appreciated that Indian Tribal governments have sole discretion to deter- mine whether a benefit is for the promo- tion of general welfare. One commenter requested the Trea- sury Department and the IRS to clarify in the final regulations that the following additional activities are considered to be for the promotion of the general welfare: recovery from cultural or lifeway losses experienced due to non-Tribal policies, such as termination or forced reloca- tion (as determined by the administering Tribe); the advancement of Tribal self-de- termination (as determined by the admin- istering Tribe); and the promotion of indi- vidual and collective self-sufficiency (as determined by the administering Tribe). Some commenters requested the final regulations confirm that Tribal general welfare benefits may include student loan debt repayment programs. In response to these suggestions for clarification, the Treasury Department and the IRS reiterate the sole discretion standard is consistent with the deference required under section 2(c) of the Act. The examples in §1.139E-1(d)(2) merely pro- vide illustrative examples of benefits an Indian Tribal government may provide. Accordingly, the Treasury Department and the IRS affirm the types of programs described in the preceding paragraph are not contrary to the standard provided in §1.139E-1(d)(2), if an Indian Tribal gov- ernment has determined such benefit is for the promotion of the general welfare and the program satisfies the other require- ments in section 139E. 2. Examples of Promotion of General Welfare Proposed §1.139E-1(d)(2)(ii) would provide non-exhaustive examples of pro- grams that an Indian Tribal government may determine, in its sole discretion, dis- tribute benefits that are for the promotion of the general welfare, as required under proposed §1.139E-1(d)(2). One commenter recommended addi- tional clarification to proposed §1.139E- 1(d)(2)(ii) to make clear that the exam- ples provided are not an exhaustive list of types of programs that would be for the promotion of general welfare. Other com- menters pointed out a typographical error in proposed §1.139E-1(d)(2)(ii)(B) and requested clarification on additional spe- cific types of permissible program pay- ments. The Treasury Department and the IRS agree with commenters that the exam- ples in proposed §1.139E-1(d)(2)(ii) are intended to be non-exhaustive. The Treasury Department and the IRS clarify that the programs described in §1.139E- 1(d)(2)(ii) of these final regulations are a non-exhaustive list of examples of pro- grams that an Indian Tribal government may determine are for the promotion of general welfare for purposes of section 139E. Thus, these regulations reaffirm that the Indian Tribal government has the sole discretion to determine what program benefits are for the promotion of general welfare of Tribal program participants. In addition, the Treasury Department and the IRS have changed the language used in some of the examples in pro- posed §1.139E-1(d)(2)(ii) to respond to comments. For example, §1.139E-1(d) (2)(ii)(B) (education programs) corrects a typographical error in the proposed regulations and includes textbooks as an Bulletin No. 2026–5 427 January 26, 2026 example of school supplies. In response to comments, §1.139E-1(d)(2)(ii)(D) (trans- portation programs) of these final regu- lations does not include the word “sub- stantiated” before “mileage,” and lacks the language that would limit fares for public transportation to specific origins and destinations. In addition, §1.139E- 1(d)(2)(ii)(A) (housing programs) of these final regulations removes the reference to benefits that may not be used for any trade or business because of the changes provided in §1.139E-1(d)(2) for business grants. See part IV.A.5. of this Summary of Comments and Explanation of Revi- sions. Finally, §1.139E-1(d)(2)(ii)(G) of these final regulations (cultural and reli- gious programs) removes the reference to section 168(j) as providing the definition of “Indian reservations.” These final reg- ulations remove this reference because Indian reservations are subject to vary- ing definitions under Federal law, and it is unnecessary to prescribe a definition in this rule. In sum, the changes to the lan- guage in §1.139E-1(d)(2)(ii) are intended to remove limiting language that could be viewed by an Indian Tribal government as constraining its discretion to determine that program benefits are for the promo- tion of general welfare. Some commenters requested that ben- efits or assistance provided after a Trib- ally declared disaster be included as an example of a promotion of general wel- fare purpose in proposed §1.139E-1(d)(2). For example, an Indian Tribal government may declare a disaster that may not qual- ify as a Federally declared disaster. One commenter recommended clarifying that “assistance in an emergency” is intended to include events that are not otherwise qualified disasters. The Treasury Department and the IRS have determined no changes are necessary in these final regulations to the language of proposed §1.139E-1(d)(2) to include ref- erences to Tribally declared disasters. The Treasury Department and the IRS agree with commenters that benefits provided to Tribal program participants as a result of a Tribally declared disaster are benefits that would be described in §1.139E-1(d) (2). However, a governmentally declared disaster is not a requirement of §1.139E- 1(d)(2). Indian Tribal governments have the sole discretion to determine whether a benefit is for the promotion of general welfare for purposes of section 139E. Section 1.139E-1(d)(2) broadly describes “assistance for disasters or other emer- gency situations” and does not limit an Indian Tribal government’s determination of what benefits are needed to be provided to Tribal program participants in the event of emergency situations. The Treasury Department and the IRS decline to include a reference to Tribally declared disasters because it may be viewed as a limitation on the types of disasters that could satisfy §1.139E-1(d)(2). 3. Prizes and Awards Many commenters requested clarifica- tion that section 139E can apply to prizes and awards provided pursuant to Indian Tribal government programs at powwows or similar ceremonial activities. Com- menters argued that powwow prizes and awards constitute Tribal general welfare benefits because they are designed to encourage participation at ceremonial and cultural events and foster the exchange of Tribal culture and traditions. One com- menter shared an example of a cultural event to promote cultural and traditional practices in which awards are given to only some of the dancers who are performing dances traditional to their Tribe. Similarly, the commenter provided an example of a Tribe holding a social event in which door prizes are provided to a few individuals in order to promote participation at social activities among Tribal members. Some commenters explained that the IRS has, in the past, treated powwow prizes for cultural or ceremonial activities as taxable under section 74 of the Code. These commenters expressed concern that the IRS may continue to treat these pay- ments as taxable prizes and awards under section 74. The Treasury Department and the IRS agree with commenters that prizes and awards provided by an Indian Tribal government program as part of a cultural or ceremonial program or activity could be a Tribal general welfare benefit if the benefit otherwise satisfies section 139E and these regulations. These final regu- lations differ from proposed §1.139E- 1(d)(2)(ii)(G) by including examples of prizes or awards provided as part of cultural or ceremonial activities that an Indian Tribal government may determine are for the promotion of general welfare for purposes of section 139E. Specifi- cally, the final regulations provide that an Indian Tribal government program may provide cash or property as a prize or award in connection with cultural, social, religious, or community activities, and such prize or award could be a Tribal general welfare benefit if it is determined by the Indian Tribal government to be for the promotion of general welfare and the other requirements of section 139E and these regulations are otherwise satisfied. In addition, §1.139E-1(e)(2) pro- vides that a prize or award that would otherwise be compensation for services may qualify for the exception in section 139E(c)(5) and §1.139E-1(e) if the prize or award is provided as a benefit to, or on behalf of, a Tribal program partici- pant for the Tribal program participant’s participation in cultural or ceremonial activities for the transmission of Tribal culture. For example, if an Indian Tribal government program that supports cul- tural or ceremonial activities, including powwows, provides a prize or award to a Tribal program participant of such pro- gram who performs dances as part of a powwow, the prize or award would be a Tribal general welfare benefit if the other requirements of §1.139E-1(d) are met. 4. Indian Tribal Government’s Discretion to Provide Benefits in Equal Amounts Proposed §1.139E-1(d)(2)(i) would provide that an Indian Tribal government has sole discretion to determine whether a benefit is for the promotion of general welfare and that the IRS will defer to the Indian Tribal government’s determi- nation that a benefit is for the promotion of general welfare. Consistent with this approach, proposed §1.139E-1(d)(2)(i) would provide that an Indian Tribal gov- ernment program may provide Tribal gen- eral welfare benefits on a uniform or pro- rata basis to Tribal program participants. One commenter urged clarification that an Indian Tribal government program may also provide benefits based on a schedule that authorizes unequal payment amounts based on reasonable criteria applicable to all qualifying Tribal members. For exam- January 26, 2026 428 Bulletin No. 2026–5 ple, a program may provide different benefit amounts to larger families than smaller families. The Treasury Department and the IRS decline to adopt the comments to change proposed §1.139E-1(d)(2)(i) because the Treasury Department and the IRS have determined that the language of proposed §1.139E-1(d)(2)(i) provides broad defer- ence to an Indian Tribal government to determine whether a benefit is for the pro- motion of the general welfare for purposes section 139E and is given the discretion to determine whether benefits should be paid. In sum, proposed §1.139E-1(d)(2) (i) provides flexibility to an Indian Tribal government to determine whether pro- gram benefits are best allocated to Tribal program participants on an equal basis or in in varying amounts. Because an Indian Tribal government has sole discretion to determine whether a benefit is for the pro- motion of general welfare for purposes of section 139E, a program that provides a benefit in an unequal amount, such as pro- viding different benefit amounts to larger families than smaller families, would be permitted under proposed §1.139E-1(d) (2)(i). Accordingly, proposed §1.139E- 1(d)(2)(i) is finalized without modifica- tion. 5. Economic Development Benefits The proposed regulations would not address payments provided in connection with business ventures of Tribal program participants. Part V.B. of the Explanation of Provisions in the preamble to the pro- posed regulations stated that the admin- istrative general welfare exclusion and Revenue Procedure 2014-35 generally do not apply to payments made to busi- nesses. Similarly, the preamble to the proposed regulations stated that section 139E applies only to individuals and not businesses. However, the preamble to the proposed regulations stated that Revenue Ruling 77-77 (1977-1 C.B. 11) holds there is a limited exception to the rule that the administrative general welfare doctrine does not apply to businesses. Revenue Ruling 77-77 provides that a grant made by an Indian Tribal government to a Tribal member to expand an Indian-owned busi- ness on or near a reservation is excluded from the Tribal member’s gross income under the administrative general welfare exclusion. (a) Revenue Ruling 77-77 Many commenters disagreed with the characterization by the Treasury Department and the IRS of Revenue Ruling 77-77 as constituting a narrow exception to the administrative general welfare exclusion. Several commenters similarly disagreed with the assertion that the administrative general welfare exclusion does not apply to economic development assistance or payments to businesses, including sole proprietors, because such payments are not based on individual or family need. Many commenters also refer to other situations where the IRS has applied the administrative general welfare exclusion to Tribal general welfare benefits for the purpose of economic development assistance. See PLR 199924026 and COVID-19 FAQs on the IRS website at https://www.irs.gov/newsroom/faqs-for- payments-by-indian-tribal-governments- and-alaska-native-corporations-to- individuals-under-covid-relief-legislation. The Treasury Department and the IRS have determined that the preamble to the proposed regulations accurately described the administrative general welfare exclu- sion (not section 139E) and its inappli- cability to payments made to businesses. However, the Treasury Department and the IRS are aware that Revenue Ruling 77-77 and recent COVID-19 FAQs refer to the administrative general welfare exclusion applying to certain business grants made by an Indian Tribal government to expand an Indian-owned business on or near a reservation. The Treasury Department and the IRS have determined this guidance remains applicable when applying the administrative general welfare exclusion specific to Indian Tribal governments. (b) Business Grants under Section 139E Commenters requested that the Trea- sury Department and the IRS specify that benefits provided by the Indian Tribal government to Tribal members to start, operate, develop, or expand businesses constitute Tribal general welfare benefits provided to promote the general welfare of the community. Commenters generally argued section 139E should be viewed broadly to include promotion of general welfare of individuals and needs of the Tribal community. Similarly, some com- menters pointed to the Act to support this broad interpretation of section 139E. Commenters also argued such economic development promotes the general wel- fare of Tribes and their Tribal commu- nities by promoting self-sufficiency in light of the difficulties faced by Tribes in generating revenue and attracting capi- tal and businesses onto reservations, and Tribal goals of promoting stable employ- ment and economic opportunities. Finally, commenters requested clarification on whether an Indian Tribal government pro- gram could provide benefits to encourage business activity on or near a reservation by providing Tribal-member-owned busi- nesses with grants, interest-free or other below-market loans, or reimbursements for employment taxes. Commenters also argued the scope of program eligibility for grants to businesses should not be limited to Tribal citizens. Rather, a commenter suggested that the Tribe should be able to provide general wel- fare benefits to any persons consistent with Tribal law. Similarly, commenters requested that the term “Indian-owned enterprise” should not be defined by the IRS. The Treasury Department and the IRS have reconsidered the issue of Tribal general welfare payments made to Tribal program participants to sup- port businesses and agree that it would be helpful to clarify in §1.139E-1(d)(2) of these final regulations that an Indian Tribal government program may provide benefits to support, develop, operate, expand, or start certain trades or busi- nesses. Consistent with the proposed regulations, §1.139E-1(d)(2)(i) broadly provides that the Indian Tribal govern- ment has sole discretion to determine that a benefit is for the promotion of gen- eral welfare at the time it establishes the Indian Tribal government program. The Treasury Department and the IRS agree with commenters that section 2(c) of the Act provides broad deference to Indian Tribal governments for the Indian Tribal government programs administered and authorized by the Tribes to determine the general welfare programs that are pro- vided in their communities. Bulletin No. 2026–5 429 January 26, 2026 The Treasury Department and the IRS agree with commenters that the term “Indian-owned enterprise” should not be defined in these regulations. Moreover, these regulations do not restrict Indian Tribal government programs to support or expand Indian-owned businesses on or near a reservation. Section 1.139E-1(d) (2) provides broad deference to Indian Tribal governments to determine whether benefits are for the promotion of general welfare. However, section 139E is an exclusion from the gross income of individuals and therefore is limited to benefits provided to, or on behalf of, the individuals described in section 139E(b) and §1.139E-1(b)(8). See discussion of Tribal program par- ticipant in part II.C. of this Summary of Comments and Explanation of Revisions. Accordingly, these final regulations pro- vide that any Tribal general welfare ben- efit provided to support, develop, operate, expand, or start a trade or business must be provided to, or on behalf of, an individual that is a Tribal program participant. Thus, an Indian Tribal government program may not provide benefits under the program to an entity, regardless of whether it is owned by a Tribal program participant. Similarly, the Treasury Department and the IRS have determined that the language “on behalf of” is not intended to apply to program benefits provided by an Indian Tribal government program to non-indi- viduals, such as a business entity owned by a Tribal program participant. Rather, the Treasury Department and the IRS interpret the statutory language “on behalf of” to address situations such as where an Indian Tribal government program pays rent directly to a landlord on behalf of a Tribal member tenant who operates a trade or business as a sole proprietorship. The final regulations also provide an example of general welfare programs to support businesses. The Treasury Depart- ment and the IRS agree with commenters that program benefits to Tribal program participants, as individuals, in the form of non-reimbursable grants, interest-free or other below-market loans, or amounts paid to a Tribal program participant that are equivalent to the employment taxes imposed on the Tribal program participant as an employer, may qualify for section 139E. In addition, the final regulations pro- vide that section 7872 of the Code gen- erally does not apply to a loan from an Indian Tribal government to a Tribal pro- gram participant pursuant to an Indian Tribal government program. The Treasury Department and the IRS believe that such loans are a class of transactions the inter- est arrangements of which have no signif- icant effect on any Federal tax liability of the lender or the borrower. The Treasury Department and the IRS have expanded the proposed regulations by adding §§1.139E-1(d)(6) and 1.7872-5(b)(17) to these final regulations. B. Benefits Cannot Be Lavish or Extravagant Proposed §1.139E-1(d)(4) would pro- vide a facts and circumstances test to determine whether a Tribal program ben- efit is lavish or extravagant under section 139E. Relevant facts and circumstances include a Tribe’s culture and cultural prac- tices, history, geographic area, traditions, resources, and economic conditions or factors. Proposed §1.139E-1(d)(4) would also provide a presumption that a benefit is not lavish or extravagant if it is described in, and provided in accordance with, the written specified guidelines of the Indian Tribal government program. 1. Facts and Circumstances Standard Some commenters expressed support for the general approach of a facts and circumstances test in proposed §1.139E- 1(d)(4). Commenters noted Tribal gov- ernments are uniquely qualified to assess what constitutes lavish or extravagant within their cultural and economic con- text, and factors such as geographic loca- tion, cost-of-living variations, and the cultural significance of certain expendi- tures are best understood by Tribal lead- ers. Commenters noted that the proposed regulations would recognize Tribal sov- ereignty by considering a Tribe’s cultural practices and economic condition and would be consistent with the Act’s explicit mandate for deference to Indian Tribal governments. Some commenters suggested changes to proposed §1.139E-1(d)(4) to ensure that the enumerated factors for the facts and circumstances test are not treated as exhaustive factors. Also, commenters requested that the regulations provide Indian Tribal governments with the flex- ibility to adapt the definition of lavish or extravagant as economic and cultural con- ditions evolve. Moreover, some comment- ers requested that the determination of whether a benefit is lavish or extravagant be made at the time a program is imple- mented, authorized, or modified, rather than at the time a benefit is provided. Other commenters recommended that the Treasury Department and the IRS defer entirely to Indian Tribal govern- ments on whether a Tribal general welfare benefit is lavish or extravagant regardless of whether a program is in writing. These commenters expressed concern that the evaluation by the IRS of a Tribe’s cul- ture and cultural practices, history, geo- graphic area, traditions, resources, and economic conditions or factors would result in an intrusion on an Indian Tribal government’s sovereignty. Some com- menters recommended express language in §1.139E-1(d)(4) providing that the IRS will accept and defer to any attestations of the Indian Tribal government regarding the facts and circumstances at the time the benefit is provided. Another commenter stated that the lavish or extravagant stan- dard in section 139E(c)(3) is offensive in the context of the commenter’s Tribe’s historical oppression at the hands of the Federal government and long-standing and severe poverty. The test in proposed §1.139E-1(d)(4) is intended to be a test that considers the totality of the facts and circumstances. Relevant facts and circumstances include a Tribe’s culture and cultural practices, history, geographic area, traditions, resources, and economic conditions or fac- tors. However, the Treasury Department and the IRS agree with commenters that an Indian Tribal government is uniquely qualified to evaluate its culture and cultural practices, history, geographic area, tradi- tions, resources, and economic conditions and that deference should be provided to an Indian Tribal government’s attestation of the facts and circumstances at the time the benefit is provided to a Tribal program participant. Accordingly, newly renum- bered §1.139E-1(d)(4)(i) of the final reg- ulations provides that the IRS will defer January 26, 2026 430 Bulletin No. 2026–5 to an Indian Tribal government’s attesta- tions of facts and circumstances, regard- less of whether the program is in writing, at the time the benefit is provided to the Tribal program participant. However, the deference provided in §1.139E-1(d)(4)(i) to the Indian Tribal government’s attesta- tion of facts and circumstances does not preclude the IRS from determining that a benefit is lavish or extravagant under the Indian Tribal government’s attestations of the facts and circumstances at the time the benefit was provided. In addition, while the IRS would respect the Indian Tribal government’s attestations of fact and cir- cumstances, the Treasury Department and the IRS are clarifying that the IRS may also consider facts and circumstances not included in the Indian Tribal govern- ment’s attestations in ascertaining whether a benefit is lavish or extravagant. The Treasury Department and the IRS continue to be of the view that the proper time to test whether a benefit is lavish or extravagant is at the time the benefit is provided. Section 139E and §1.139E-1(a) provide that the gross income of the Tribal program participant does not include the value of any Tribal general welfare benefit provided during the year to or on behalf of the Tribal program participant. The value of the benefit, including for purposes of whether it is lavish or extravagant, is deter- mined during the taxable year it is pro- vided. The fact that the lavish or extrava- gant determination is made at the time the benefit is provided does not mean that facts and circumstances involving prior years, including facts and circumstances present at the time at which a program was imple- mented, authorized, or modified, cannot be taken into account in the determination made at the time the benefit is provided. One commenter disagreed with the requirement that a benefit not be lav- ish or extravagant. However, section 139E(b)(2)(C) provides that a benefit, among other requirements, cannot be lavish or extravagant. Moreover, pursu- ant to section 139E(c)(3), the Treasury Department and the IRS consulted with TTAC regarding the lavish or extravagant standard under section 139E(b)(2)(C). Accordingly, these final regulations retain the requirement in §1.139E-1(d)(4) that a benefit cannot be lavish or extravagant as required by law. 2. Presumption Some commenters supported the addition of the presumption in proposed §1.139E-1(d)(4) that a benefit is not lav- ish or extravagant if it is described in, and provided in accordance with, the written specified guidelines of the Indian Tribal government program. Some commenters noted that the presumption respects Tribal cultural practices and the various factors that inform a Tribe’s general welfare pro- gram. These commenters mentioned that the presumption provides deference to Tribes, helps administrative flexibility, Tribal sovereignty, self-determination, and self-governance, which will enable Indian Tribal governments to maximize the benefit to the Tribe. Many comment- ers requested clarification on how the IRS would be able to rebut the presumption and what a written program should con- tain to benefit from the presumption. Some commenters recommended the TTAC Report’s approach to lavish or extravagant. The TTAC Report recom- mended that the term “lavish or extrav- agant” be defined as a relative term that depends on the unique circumstances of the Tribe, and also depends on the type of benefit being provided (such as, one- time payment or monthly assistance). The TTAC Report sets forth a non-exclu- sive list of circumstances that should be considered when determining if a benefit is lavish or extravagant: an Indian Tribal government’s economic circumstances or factors, culture and cultural practices, history, geographic area, traditions, and resources. The TTAC Report recommends deference to Indian Tribal governments and proposes a rebuttable presumption that the benefit is not lavish or extravagant if the Indian Tribal government program meets general welfare needs or purposes, and the method of distribution is expected to achieve program goals. Some commenters requested that the final regulations provide that a Tribe’s attestation of the relevant facts and cir- cumstances would meet any burden that may arise in connection with the presump- tion. These commenters stated that the IRS should not define facts and circum- stances, including a Tribe’s own culture, history, or tradition, in an attempt to rebut the presumption. Some commenters requested that the frequency of payments under a program should be irrelevant in applying the pre- sumption provided to written programs. Similarly, many commenters requested that the final regulations provide a conclu- sive presumption that a benefit based on the facts and circumstances provided in proposed §1.139E-1(d)(4) and adminis- tered in good faith is not lavish or extrav- agant. Commenters suggested that a con- clusive presumption is a natural extension of the presumption provided in the pro- posed regulations. The Treasury Department and the IRS decline to provide a conclusive presump- tion on the issue of whether a benefit is lav- ish or extravagant. However, the Treasury Department and the IRS have clarified the proposed regulations by providing in these final regulations that an Indian Tribal gov- ernment program is afforded deference on the attestations of the facts and cir- cumstances. This deference is afforded whether or not the specified guidelines are in writing. This deference is intended to reflect that the Tribe is in the best position to determine which factors and attesta- tions of fact were considered when deter- mining benefits. In particular the Tribe is in the best position to determine which facts and circumstances are specific to its culture and cultural practices, history, geographic area, traditions, resources, and economic conditions. Similarly, the presumption in the proposed regulations has been clarified. Newly renumbered §1.139E-1(d)(4)(ii) clarifies that the pre- sumption is based on the written specified guidelines of an Indian Tribal government program that exist at the time that the ben- efit is provided to the Tribal program par- ticipant. This change acknowledges that the specified guidelines in Indian Tribal government programs may be modified from time to time. C. Benefits Cannot Be Compensation for Services. Section 139E(b)(2)(D) provides that benefits provided under a Tribal general welfare benefit paid under an Indian Tribal government program cannot be compen- sation for services, subject to exceptions discussed in part V of this Summary of Comments and Explanation of Revisions. Bulletin No. 2026–5 431 January 26, 2026 Proposed §1.139E-1(d)(5) would provide a reference to section 61(a) of the Code to define compensation for services and is intended to include existing law and guid- ance under section 61. Several commenters argued the broad reliance on section 61 to define compensa- tion for services lacks practical clarity for Tribal situations. Some commenters also recommended that the final regulations include the recommendations of the TTAC Report, which provide specific examples of activities that should be excluded from compensation for services. For example, the TTAC Report refers to the following as not compensation for services: (1) a benefit in connection with Tribal custom or tradition regarding community service; (2) cultural or ceremonial gifts and pay- ments as determined by the Tribe; and (3) payments as part of training programs. Many commenters stated that the proposed regulations lack clarity on work-training programs, and some com- menters expressed concern that mean- ingful input from Tribes and the TTAC on this issue was not incorporated into the rules. Some commenters noted that Indian Tribal governments often consider work-training payments to participants as honorarium payments to assist their Tribal community. One commenter requested clarity on whether support of educational and Native-language recovery is considered practical work-training and not compen- sation for services. The commenter noted that the IRS has previously determined this activity does not constitute compen- sation for services. Some commenters argued that the final regulations should clarify that “benefits provided for cultural or ceremonial pur- poses, as explicitly allowed under section 139E, are not compensation for services.” Several commenters also requested clari- fication that community service require- ments will not be compensation for ser- vices because the programs are designed to foster kinship and encourage commu- nity involvement. Another commenter requested that the final regulations pro- vide clarification that benefits provided with legitimate service ties for Tribal cul- ture and tradition are not compensation for services. The commenter gave examples of payments (i) for neighborhood cleanup costs, (ii) for teaching the Tribal language, and (iii) to Tribal youths to cut and gather wood for elders. One commenter argued that section 139E(b)(2)(D) is intended to prevent potential abuse by converting employee wages and vendor payments into tax- free remuneration. The commenter also requested that an Indian Tribal govern- ment be able to use a facts and circum- stances test to show the benefits provided under its program are consistent with the intent of section 139E in order to rebut any interpretation by the IRS that a pay- ment is compensation for services. The Treasury Department and the IRS continue to be of the view that the term “compensation for services” in section 139E(b)(2)(D) is appropriately defined by reference to section 61, which gener- ally defines “gross income” for purposes of subtitle A of the Code. Section 139E(a) provides an exclusion from gross income for the value of any Indian general welfare benefit. The Treasury Department and the IRS have determined that the general defi- nition of gross income under section 61 is the starting point to ascertain the exclu- sion under section 139E. In addition, the Treasury Department and the IRS affirm that the term “compensation for services” in section 61(a)(1) is broader than services that are traditionally provided under an employment or contracted-vendor rela- tionship. Section 1.61-2(a)(1) provides that compensation for services includes amounts that are not paid in an employ- ment or contracted-vendor relationship. However, the Treasury Department and the IRS are aware of the need for clarity on benefits provided that relate to cultural or ceremonial activities. For example, commenters referred to certain program benefits for community service, language preservation, and work training that are provided as part of cultural or ceremonial activities. The Treasury Department and the IRS have determined that to the extent that these specific situations constitute compensation for services, they are bet- ter addressed within the exclusion under section 139E(c)(5) and §1.139E-1(e) for activities relating to cultural or ceremonial activities. These final regulations do not provide a facts and circumstances test to rebut an interpretation by the IRS that a pay- ment is compensation for services. The Treasury Department and the IRS have concluded that whether a payment consti- tutes compensation for services is gener- ally determined using existing guidance, and examination of all the facts. More- over, the Treasury Department and the IRS also affirm that section 139E(c)(5) and §1.139E-1(e) are an exception to the general prohibition that prevents treating compensation for services as Tribal gen- eral welfare benefits. Facts may be pre- sented to support the argument that the payment is not compensation for services under section 139E(b)(2)(D) or to support the payment is subject to the exception to compensation for services under section 139E(c)(5). V. Exception to Prohibition on Compensation for Services Proposed §1.139E-1(e) would provide that a benefit is not compensation for ser- vices if the benefit is provided to a Tribal program participant for the Tribal pro- gram participant’s participation in cultural or ceremonial activities for the transmis- sion of Tribal culture as determined by the Indian Tribal government, and such benefit consists of an item of cultural sig- nificance, reimbursement of costs, or cash honorarium. Proposed §1.139E-1(e)(1) (i) would provide a non-exhaustive list of examples of cultural or ceremonial activ- ities, including powwows, rite of passage ceremonies, funerals, wakes, burials, other bereavement events, and honoring events. Proposed §1.139E-1(e)(2) also would pro- vide that, in general, an Indian Tribal gov- ernment has sole discretion to determine whether a benefit consists of an item of cultural significance and whether an activ- ity is a cultural or ceremonial activity, and the IRS will defer to this determina- tion. However, proposed §1.139E-1(e)(2) would further provide that cash, gift cards, and vehicles generally are not considered items of cultural significance. A. In General Commenters generally expressed sup- port for the deference provided to Tribal determinations in proposed §1.139E- 1(e) regarding cultural and ceremonial activities. These commenters noted the January 26, 2026 432 Bulletin No. 2026–5 deference provided to Tribes supports Tribal self-determination and adminis- trative flexibility and provides clarity regarding cultural and ceremonial activ- ities. Other commenters expressed sup- port for the exclusion of items of cultural significance, cash honoraria, and “cere- monial costs,” consistent with section 139E(c)(5). Commenters supported the omission of the “de minimis” limitation on cash honorarium payments that was present in Revenue Procedure 2014-35. One commenter recommended finaliz- ing proposed §1.139E-1(e) regardless of how the final regulations address the “lavish or extravagant” standard. One commenter was critical of the use of the terms “shamans, medicine men, or medi- cine women,” in the preamble to the pro- posed regulations, and further described the regulation as mischaracterizing Tribal culture by confining it to the 18th and 19th century. Similarly, some commenters requested clarification on specific benefits provided in connection with participation in cul- tural or ceremonial activities that may not be clearly described in proposed §1.139E- 1(e). For example, commenters mentioned efforts to recover, preserve, and promote (among Tribal members) cultural prac- tices, resources, or historic languages, efforts to teach Native languages, and efforts to create, recover, protect, and pre- serve cultural places or spaces. Another commenter suggested that the final reg- ulations provide clarity that honoraria given to Tribal members who assist with setting up before or closing after a cultural or ceremonial event are included in activ- ities described in proposed §1.139E-1(e). One commenter pointed out that cultural activities, such as singing songs, are not recognized as such by the IRS. As dis- cussed in part IV.C. of this Summary of Comments and Explanation of Revisions, some commenters requested that certain benefits that have the legitimate purpose of promoting Tribal culture and tradition, such as community service or work-train- ing programs that are connected to Tribal culture and tradition, should not be com- pensation for services. One commenter urged that IRS agents not be able to second guess Tribal culture or traditions, and that IRS agents should be restricted from issuing requests for documents, including books and records relating to Tribal culture and traditions. Section 1.139E-1(e) provides that Indian Tribal governments are in the best position to determine what it means to participate in cultural or ceremonial activ- ities for the transmission of Tribal culture. Thus, under §1.139E-1(e), Indian Tribal governments determine what it means to participate in cultural or ceremonial activ- ities for the transmission of Tribal culture. The IRS would defer to determinations by the Indian Tribal government that activi- ties undertaken in connection with a cul- tural or ceremonial activity, as determined by the Indian Tribal government, consti- tute participation in that cultural or cere- monial activity. Section 1.139E-1(e) of the final regula- tions includes additional, non-exhaustive examples of cultural or ceremonial activ- ities. In general, the Treasury Department and the IRS have determined that benefits provided to Tribal program participants for community service or work-training programs connected to Tribal culture and tradition would be activities described in §1.139E-1(e). Accordingly, the addi- tional examples of cultural or ceremonial activities in §1.139E-1(e)(1)(i) of these final regulations include: Tribal commu- nity service events, such as neighborhood clean-ups or youth woodcutting programs to benefit elders; participation in training in traditional construction techniques; and Tribal language education. As noted previously, one commenter expressed the view that the preamble to the proposed regulations used inappro- priate terminology to describe Tribal cul- tural or ceremonial activities, and other- wise mischaracterized Tribal culture. The Treasury Department and the IRS affirm that there was no intention in drafting the proposed regulations to express any char- acterizations or generalizations regarding the culture and traditions of any Tribe or Tribes. The terminology in the proposed regulations was included in the context of a quotation from the provision of Revenue Procedure 2014-35 that excepts certain culturally significant payments from being treated as compensation for services but limits such exception to benefits received by certain religious or spiritual officials or leaders. The quotation was included in order to clarify that the proposed regula- tion would not contain a comparable lim- itation on the scope of section 139E(c)(5), and these final regulations similarly con- tain no such limitation. These final regulations are intended to provide broad deference to Indian Tribal governments. To that end, the Treasury Department and the IRS affirm that the IRS will defer to an Indian Tribal gov- ernment’s determinations of whether an activity is a cultural or ceremonial activity for the transmission of Tribal culture, and to the definitions of whether an item is an item of cultural significance. B. Employment or Contracted-Vendor Relationship Some commenters expressed confu- sion regarding the discussion of employ- ment or contracted vendor relationships in part IV.A. of the Explanation of Provisions in the preamble to the proposed regula- tions. The discussion included examples illustrating that payments to corporations owned by Tribal members for services provided during cultural or ceremonial activities are not excluded under section 139E, but payments made directly to the Tribal members for such services would be excludible under section 139E. These commenters requested clarification that an Indian Tribal government’s formal agree- ment, such as a contract, with persons participating in cultural or ceremonial activities, such as with spiritual leaders, and fluent Native speakers would not pre- vent the application of proposed §1.139E- 1(e). In addition, one commenter recom- mended that the regulations provide that section 139E applies to payments made in connection with participation in cultural or ceremonial activities to a pass-through entity that is wholly owned by a Tribal member. Several commenters requested clarity on the taxability of payments made from a Tribe to its members for volunteer ser- vices that these members normally pro- vide professionally. Some commenters argued that services provided during cul- tural or ceremonial gatherings should be excluded under section 139E(c)(5) even though the Tribal member may separately provide similar services in a professional capacity for compensation. Finally, one commenter recommended that activities Bulletin No. 2026–5 433 January 26, 2026 of an advisory group also be considered a cultural activity because some Tribal cul- tures use these groups to distribute Tribal decision-making power. The mere existence of a contract between a Tribal program participant and an Indian Tribal government does not pre- vent the application of §1.139E-1(e). For example, a program benefit provided to a spiritual leader to perform a blessing at a ceremonial or cultural activity of the Tribe may qualify under §1.139E-1(e) if paid directly to the spiritual leader even with- out regard to whether the spiritual leader had a verbal or written agreement with the Indian Tribal government to perform such services. However, the Treasury Department and the IRS continue to be of the view that the exception in section 139E(c)(5) does not broadly apply to services that are tra- ditionally provided in an employment or contracted-vendor relationship because section 139E is an exclusion from gross income for individuals and families. How- ever, in response to comments, the Trea- sury Department and the IRS clarify that the example in part IV.A. of the Explana- tion of Provisions in the preamble to the proposed regulations was not intended to suggest that an individual who owns a catering business is unable to receive a cash honorarium in the individual’s capac- ity as an individual when volunteering to assist in food preparation for a cultural or ceremonial activity of the Tribe. How- ever, the exception in section 139E(c)(5) would not apply if the individual’s cater- ing corporation received compensation in exchange for providing services to the Tribe for a cultural or ceremonial activity of the Tribe. VI. Examples A. New Examples The Treasury Department and the IRS requested comments on whether addi- tional examples should be included in the final regulations, and if so, what specific fact patterns or rules should be addressed by the additional examples. In general, comments were mixed on this issue. Many commenters favored additional examples but did not want examples to have the unintended effect of limiting the rules or the deference provided to Indian Tribal governments or their programs. Most commenters requested that the reg- ulations clearly confirm that examples do not limit or curtail Tribal flexibility to design Indian Tribal government pro- grams, and many commenters suggest adding “without limitation” in all exam- ples or stating that the examples are nei- ther exclusive nor exhaustive. Some com- menters requested that any new examples be discussed with the TTAC. Conversely, many commenters rec- ommended no new examples be added to the final regulations. Some commenters were concerned that additional examples could be viewed as setting limits on Tribal general welfare benefits and may not be viewed as an illustration of possible ben- efits. Some commenters requested new examples in specific areas. For example, one commenter recommended that new examples would be helpful for rules that do not explicitly provide deference to Indian Tribal governments. A few com- menters requested examples relating to the rules for lavish or extravagant, such as: how the facts-and-circumstances test applies particularly in relation to different geographical or economic areas (such as high-cost or low-cost areas); how the pre- sumption could be rebutted by IRS; and examples of how “level” cash benefits interact with the “promotion of the gen- eral welfare” standard. One commenter requested an example on the interactions of a general welfare benefit under section 139E with other Federal benefits pro- grams, such as Supplemental Security Income (SSI) and Medicaid. Finally, this commenter also requested an example on general welfare payments distributed from a trust on a pro-rata basis. In general, the Treasury Department and the IRS have concluded it would be best to refrain from adding many new examples to these final regulations, and have added new examples only after con- sulting with the TTAC GWE Subcom- mittee. Specifically, after careful consid- eration, the Treasury Department and the IRS decline to add examples regarding the lavish or extravagant rules because examples may create a negative inference that limits an Indian Tribal government program. The test to determine whether a benefit is lavish or extravagant depends on the facts and circumstances, some of which are factors that would be specific to a Tribe. Finally, the Treasury Department and the IRS also decline to add an example to describe the interaction of Tribal gen- eral welfare benefits and SSI or Medicaid benefits because the definition of income for SSI or Medicaid benefits is outside the scope of these regulations. B. Existing Examples Some commenters observed that the examples in proposed §1.139E-1(d)(2) (ii) are directly from Revenue Proce- dure 2014-35. These commenters recom- mended refining these examples to help guide Tribal governments and the IRS. In addition, several commenters recom- mended using consistent language when referring to the examples not being an exhaustive list. For instance, commenters suggested using the words “including but not limited to” to denote the example is a non-exhaustive list. The Treasury Department and the IRS have revised the examples in these final regulations to clarify that they are not intended to be exhaustive, and to make clear that items following the word “including” are similarly not intended to be exhaustive. The examples in §1.139E- 1(d)(2)(ii) of these final regulations have also been revised to assist with readability. VII. Obsoletion of Revenue Procedure 2014-35 The Treasury Department and the IRS proposed to obsolete Revenue Procedure 2014-35 after the final regulations are applicable. Comments were requested on whether the revenue procedure should be obsoleted when the final regulations become applicable, and if not, why there is a continuing need for it after the publi- cation of final regulations. Most commenters argued that Revenue Procedure 2014-35 is outdated and should be obsoleted when the final regulations are applicable. Some commenters noted confusion may occur if the revenue proce- dure is retained because some provisions of Revenue Procedure 2014-35 conflict with the Act. In particular, one commenter noted there is no need for safe harbors if January 26, 2026 434 Bulletin No. 2026–5 Indian Tribal governments are provided broad deference and the IRS defers to Tribal determinations under the proposed regulations. Similarly, other commenters argued that the Act, section 139E, and the proposed regulations are more flexible and provide more comprehensive guidance to Indian Tribal governments than the reve- nue procedure. Commenters also argued that the safe harbors are no longer needed because section 139E and the proposed regulations, unlike the administrative general welfare exclusion, do not require a showing of individual need. However, these commenters recommended a transi- tion period to allow continued use of the revenue procedure for at least one year after the final regulations are applicable in order to give Indian Tribal governments time to comply with the final regulations. Similarly, a few commenters noted that some Federal agencies interpret the reve- nue procedure’s safe harbors narrowly to the detriment of benefit recipients who rely on Federal assistance. Another com- menter supported obsoletion of Revenue Procedure 2014-35 but detailed the chal- lenges the commenter has experienced with the Social Security Administration and requested that the Treasury Depart- ment confirm that Tribal general welfare benefits are needs-based assistance for purposes of eligibility standards under Social Security Administration programs. One commenter argued that the Trea- sury Department and the IRS should not obsolete Revenue Procedure 2014-35 so that it remains as fallback guidance in case the final regulations are ever invali- dated by a court or otherwise scaled back. Another commenter requested that lan- guage be added to the final regulations that, in addition to section 139E and these final regulations, provide that the adminis- trative general welfare exclusion may also be available to exclude an amount from gross income. Revenue Procedure 2014-35 will become obsolete for taxable years begin- ning on or after January 1, 2027, the applicability date of the final regulations, which will provide Indian Tribal govern- ments with additional transition time to adjust or update their programs. See the “Effect on Other Documents” section of this preamble. The Treasury Department and the IRS agree with commenters that it would be confusing to retain the revenue procedure because these final regulations are intended to be broader than the needs- based safe harbors provided in the reve- nue procedure. The Treasury Department and the IRS also affirm that section 139E and these regulations do not supplant the administrative general welfare exclusion. However, the Treasury Department and the IRS disagree that Tribal general wel- fare benefits are always needs-based assis- tance. Section 1.139E-1(d)(2)(i) expressly provides that Tribal general welfare ben- efits may be provided without regard to financial or other need of Tribal program participants. Nevertheless, an Indian Tribal government has broad discretion to establish and administer Indian Tribal government programs and may choose to limit a program or its benefits to Tribal program participants based on a showing of individual need. VIII. Audit Suspension and Administration The responses of the Treasury Depart- ment and the IRS to the comments dis- cussed in parts VIII.A. and VIII.B. of this Summary of Comments and Explanation of Revisions are set forth in part VIII.C. of this Summary of Comments and Explana- tion of Revisions. A. Audit Suspension and the Education and Training Requirement Section 4 of the Act provides a tem- porary suspension of audits and exam- inations of Indian Tribal governments and Tribal members (or any spouse or dependent of such member) to the extent that the audit or examination relates to the exclusion of a payment or benefit from an Indian Tribal government under the gen- eral welfare exclusion until the education and training prescribed by section 3(b) (2) of the Act is completed. Section 3(b) (2) of the Act directs the Secretary of the Treasury, in consultation with the TTAC, to establish and require (A) training and education or internal revenue field agents who administer and enforce internal reve- nue laws with respect to Tribes on Federal Indian law and the Federal Government’s unique legal treaty and trust relationship with Indian Tribal governments, and (B) training of such internal revenue field agents, and provision of training and tech- nical assistance to Tribal financial officers, about implementation of the Act and the amendments made thereby. Many commenters noted that section 4 of the Act expressly provides that the lifting of audit suspension is contingent on the completion of education and train- ing. Many commenters requested that meaningful coordination and consultation with the TTAC occur on the education and training. Several commenters requested that the Treasury Department and the IRS use the same TTAC and Tribal consulta- tion and coordination process to satisfy the required education and training as was used for the development of the regula- tions. Some of these commenters noted that consultation with the TTAC ensures that training and education materials will be drafted to focus on both the substan- tive rules and the sovereignty principles underlying these regulations. Several commenters outlined a specific process for developing a training program under section 3 of the Act, which they urged the Treasury Department to adopt. Under their recommendation, the process would begin with a report prepared by the TTAC in coordination with Tribes that would be formally presented to the Trea- sury Department. The Treasury Depart- ment and the IRS would then work with the TTAC or an appropriate TTAC sub- committee to develop a Treasury Depart- ment and IRS proposal for the education and training program which would be the subject of Tribal consultation. The Trea- sury Department and the IRS would then review the comments from the Tribes and publish proposed and final regulations describing the training program, follow- ing the same process used in issuing these final regulations. Commenters also provided general recommendations for what should be included in the required training and edu- cation of internal revenue field agents and Tribal financial officers. Some comment- ers requested that the training materials be made publicly available and that internal revenue field agents receive training on such topics as how to defer to Tribal deter- minations on whether an item is a Tribal general welfare benefit, a Tribe’s customs and programmatic guidelines, and that Bulletin No. 2026–5 435 January 26, 2026 examples in the regulations are not exclu- sive examples. Some commenters also requested that the final guidance and training materials require IRS agents to consult with the IRS Office of Indian Tribal Governments on audits involving general welfare issues due to that office’s expertise with the Federal trust and treaty relationships with Feder- ally recognized Tribes. Some commenters recommended in-person trainings for all individuals required to complete the Act’s education and training requirements to foster a better understanding of the mate- rials on Federal Indian law and Tribal-spe- cific issues. Other commenters requested in-person audit training with Tribal rep- resentatives because not all Tribes have access to virtual training, or do not attend national or regional Tribal conferences. Another commenter requested that any IRS training manual require the IRS to consult with a Tribe during an audit and to focus on program compliance by allowing for a program to be amended rather than focusing on imposing penalties. Commenters noted that the statutory language of section 3(b) of the Act describ- ing the categories of persons covered by the audit suspension is narrower than the definition of Tribal program participant in the proposed regulations. Some comment- ers requested the audit suspension apply to any individual eligible for the exclusion of benefits under the proposed regula- tions. Commenters noted a lack of parity puts families of Tribal members at risk of audit. One commenter provided a personal experience in which the audit suspension was not applied to an individual’s Tribal- ly-recognized spouse who would qualify as a Tribal Program participant under the proposed regulations. Another commenter asserted that the IRS should seek input from the Tribal government that provided a general welfare benefit before penal- izing an individual recipient. One com- menter requested the audit suspension be extended to Alaska Native regional or vil- lage corporations. B. Transition Relief In the Comments and Public Hearing section of the preamble to the proposed regulations, the Treasury Department and the IRS requested comments on whether Tribes would need time to transition exist- ing general welfare programs to satisfy the proposed regulations before the regu- lations are finalized. In addition, if tran- sition relief would be helpful, comments were also requested on the nature of the transition relief needed and any recom- mendations as to what relief would be helpful to Indian Tribal governments. Many commenters favored transition relief to allow Indian Tribal governments to adopt changes to their programs after the final regulations are applicable. Com- menters noted that program changes may require extensive time to implement due to changes to Tribal ordinances, and RAPs under IGRA. Commenters also noted that Tribal members and Tribal staff need train- ing and education on program changes before such changes are implemented. One commenter requested transition relief due to the legal and financial costs asso- ciated with transitioning to a new policy. Some commenters supported the TTAC proposal of a minimum one-year transi- tion period after the required training and education under section 3(b) of the Act is complete. Many commenters requested specific language be added to proposed §1.139E-1(f) providing that no audits or examinations will begin prior to one year after the effective date of the regulations. Other commenters stated that a one-year transition period is a reasonable starting point but recommended that a transition period for changes to Tribal programs be provided through the end of the calendar year beginning after the final regulations are issued and education and training requirements under section 3(b) of the Act are complete. Many commenters requested relief extending the transition period on a case-by-case basis for Tribes that have initiated Tribal approval pro- cesses in a timely manner but where the Tribe cannot reasonably complete such processes within the one-year period, as well as for delays in approvals for changes to a RAP. Another commenter requested that transition relief be provided that allows an Indian Tribal government program that is in effect during the period between the effective date of the Act and the effec- tive date of the final regulations, and that qualifies as an Indian Tribal government program under the final regulations, be treated as satisfying the requirements of the Act. The commenter also requested that a Tribal government program adopted in good faith based on a reasonable inter- pretation of the Act be treated as satisfy- ing the requirements of the Act if such program is adopted between the effective date of the Act and the effective date of the final regulations. The commenter noted that this transitional approach was taken in Notice 2006-89 (2006-43 I.R.B. 772). Some commenters requested the reg- ulations provide that for the first year in which audits are performed, they be con- ducted solely for the purpose of helping Tribes comply with the final regulations. These commenters explained that this would help focus on educating Tribes about requirements for Indian Tribal gov- ernment programs and Tribal general wel- fare benefits, in order to support compli- ance rather than impose penalties. Most commenters recommended that audits and examinations be prospective and described it as unfair to audit Tribes and Tribal members retroactively in tax- able years for which there were no clear rules. Commenters requested that IRS audit and examination efforts focus on future compliance rather than penalizing past actions and urged that audits should apply only to programs and actions imple- mented after the regulations are finalized. Commenters argued the Act was enacted as a result of excessive IRS audits which stifled Tribes’ ability to provide assistance to Tribal members. Some commenters also requested that the Treasury Depart- ment and the IRS provide formal notice providing a transition period and when audits and examinations will resume. C. Treasury Department and IRS Response Pursuant to section 4(a) of the Act, the suspension of audits and examinations of Indian Tribal governments and members of Tribes (or any spouse or dependent of such a member) by the IRS relating to the exclusion of a payment or benefit from an Indian Tribal government under the general welfare exclusion will be lifted once the education and training required by section 3(b)(2) of the Act is completed. As also provided by section 4(a) of the Act, the running of any period of limita- January 26, 2026 436 Bulletin No. 2026–5 tions under section 6501 with respect to Indian Tribal governments and members of Tribes is also suspended until the edu- cation and training required by section 3(b)(2) of the Act is completed. The Treasury Department and the IRS expect to begin development of education and training materials in consultation with Tribes and the TTAC soon after the effec- tive date of this Treasury decision. The Treasury Department and the IRS agree with the TTAC, Tribal leaders, and commenters generally that it would be in the interest of sound tax administra- tion for IRS audits and examinations (see sections 7602 and 7605 of the Code) of issues under section 139E and these final regulations to be prospective in nature. In addition, the Treasury Department and the IRS agree with the TTAC, Tribal leaders, and commenters generally that it would be counterproductive for IRS audit and examinations of issues under section 139E and these final regulations to apply to tax- able years for which there was no guid- ance interpreting section 139E. The Trea- sury Department and the IRS also agree that during the period beginning after the effective date of this Treasury decision and while the education and training required by section 3(b)(2) of the Act is ongoing, it would be most productive to allow Indian Tribal governments time to adopt changes to the general welfare programs they administer such that the programs comply with these final regulations. In addition, until such education and training are com- plete, the Treasury Department and the IRS intend to apply the temporary suspen- sion of audits and examinations to Indian Tribal governments and Tribal program participants as defined in the final regu- lations, which, based on the comments received, is not limited to the individuals described in section 4(a) of the Act. How- ever, the IRS may inquire as to whether a taxpayer qualifies for the audit suspen- sion. For example, the IRS may ask ques- tions to determine whether an individual is a Tribal program participant. Accordingly, §1.139E-1(g) also provides for the ability of the IRS to inquire into a taxpayer’s eli- gibility for the audit suspension. Accordingly, the Treasury Department and the IRS have determined that although these final regulations will be effective after December 16, 2025, the rules of §1.139E-1 will not be applicable to any taxable years of Tribal program partici- pants that begin before January 1, 2027. Once the education and training required by section 3(b)(2) of the Act is com- plete, the Treasury Department and the IRS will publish a formal notice that the required education and training has been completed at least 30 days in advance of lifting the suspension of audits and exam- inations. The tolling of the period of lim- itations under section 6501 pursuant to section 4(a) of the Act will also end once the suspension of audits and examinations is lifted. However, in the interest of sound tax administration, once the suspension of audits and examination is lifted, the IRS does not intend to open audits or exam- inations (except in certain circumstances such as, for example, in the case of fraud) with respect to the exclusion of a payment or benefit under section 139E for taxable years ending before December 16, 2025. In addition, once the suspension of audits and examinations is lifted, the IRS will apply section 139E to taxable years ending on or after December 16, 2025, and beginning before January 1, 2027, by taking into account the good faith efforts of an Indian Tribal government or Tribal program participant to comply with the requirements of section 139E in advance of the January 1, 2027, applicability date of §1.139E-1. Indian Tribal governments may also choose to apply the provisions of §1.139E-1, in their entirety, for benefits provided to Tribal program participants in taxable years that begin before January 1, 2027. In addition, Indian Tribal govern- ments may continue to apply Revenue Procedure 2014-35 for benefits provided to Tribal program participants in taxable years that begin before January 1, 2027, as Indian Tribal governments transition any programs to comply with the final regula- tions in advance of January 1, 2027. How- ever, once the final regulations become applicable for taxable years beginning on or after January 1, 2027, Revenue Proce- dure 2014-35 will become obsolete, and no person may rely on Revenue Procedure 2014-35 for any taxable year beginning on or after January 1, 2027. Finally, the Treasury Department and the IRS remind Indian Tribal governments and administrators of Indian Tribal gov- ernment programs that satisfy the require- ments of §1.139E-1(d) that no amount of any Tribal general welfare benefit satisfy- ing the requirements of §1.139E-1(d) that is provided by such an Indian Tribal gov- ernment program to a Tribal program par- ticipant (as defined in §1.139E-1(b)(8)) should be reported on any information return (for example, Form 1099-MISC, Miscellaneous Information) or statement otherwise required to be filed with the IRS or furnished to an individual under the Code. If a Tribal program participant believes that he or she has received an information return in error, the Tribal pro- gram participant should contact the issuer for a corrected information return. With regard to the comments on the audit suspension program and the edu- cation and training, the Treasury Depart- ment and the IRS confirm that the audit suspension described in section 4(a) of the Act continues until all the requirements of section 3(b)(2) of the Act are satisfied. Once these final regulations under section 139E are published in the Federal Regis- ter, the Treasury Department and the IRS, in consultation with Tribes and the TTAC, will develop the training curriculum and conduct the required education and train- ing under section 3(b)(2) of the Act. Only after that required education and training is complete will the audit suspension be lifted. The Treasury Department and the IRS intend to work closely with the TTAC and consult with the TTAC GWE Subcommit- tee in designing and preparing the train- ing and education program required under section 3(b)(2) of the Act. However, the Treasury Department and the IRS have determined that a notice and comment period similar to that used for regulations is not required by section 3 of the Act and would delay the implementation of these final regulations for Tribal officers and IRS agents. The Treasury Department and the IRS are aware of Executive Order 13175 and intend to hold consultations with Tribal leaders on training and educa- tion programs. The Treasury Department and the IRS decline to adopt the recommendations in the comments related to what the required education and training may provide because the specifics of this education and training are outside the scope of these reg- ulations. As noted in the preamble to the Bulletin No. 2026–5 437 January 26, 2026 proposed regulations, these regulations “do not address the education and training that will be required to be complete before the audit suspension is lifted.” The Trea- sury Department and the IRS will con- tinue to consult with the TTAC as required under section 3(b)(2) of the Act. IX. Other Issues A. Coordination with other Federal Agencies/Social Welfare Programs Several commenters expressed con- cern that Tribal general welfare benefits are considered in income-based eligibil- ity determinations for Federal assistance programs administered by other agen- cies, such as the Social Security Admin- istration for Medicaid, Department of Agriculture, Housing and Urban Devel- opment, and the Department of Veteran Affairs. Most commenters requested that the Treasury Department and the IRS engage with other Federal agencies to address this issue and ensure that bene- fits excluded under section 139E do not affect eligibility for other Federal assis- tance programs. This issue is important to Tribes because it results in hardships for vulnerable Tribal citizens. Some of these commenters recommended that the Treasury Department and the IRS collab- orate with the TTAC on the issue of the interaction of Tribal general welfare ben- efits under section 139E and eligibility requirements for other Federal assistance programs. Several commenters noted that other Federal programs should consider the Tribal canon of construction when determining eligibility based on income. The Treasury Department and the IRS have authority to interpret and provide rules under section 139E to determine whether a benefit is excludible from gross income for Federal income tax purposes. However, the issue of whether a Tribal general welfare benefit is taken into account for purposes of other Federal benefit programs administered by other Federal agencies is outside the author- ity of the Treasury Department and the IRS. As such, these final regulations do not provide guidance on the treatment of Tribal general welfare benefits outside of the Internal Revenue Code (26 U.S.C. et seq.). The Treasury Department and the IRS understand the importance of this issue for Tribes and will continue to work with the TTAC and Tribes to confer with other Federal agencies to provide advice on how the Federal tax law applies to Tribal general welfare benefits. B. Advance Rulings Some commenters requested an advance ruling process be established by the IRS for Tribes to have access to an optional advance ruling program or pro- cedures to address program design and compliance issues not directly or fully answered in the final regulations. The Treasury Department and the IRS appreciate that Tribes want certainty on the Indian Tribal government programs to ensure the programs comply with section 139E and these final regulations. How- ever, these final regulations do not provide a new advance ruling process for Tribes to request review of the general welfare programs for the reasons discussed below. The IRS has a general process already in place for entities and individuals to request a letter ruling on the tax treatment of a particular transaction or program. If an Indian Tribal government receives a letter ruling from the IRS, the ruling gen- erally is binding on the IRS. However, a letter ruling would address the Federal tax law and would not be binding in any way on other Federal or State agencies. The IRS expects the letter ruling process to be available to Indian Tribal governments after the final regulations are effective (that is, after December 16, 2025). In addition, section 3(b)(2) of the Act requires the Treasury Department, in con- sultation with the TTAC, to establish train- ing and education, with specific require- ments to provide assistance to Tribal financial officers on the implementation of section 139E. The Treasury Department and the IRS expect such training and edu- cation to support Tribes in understanding the flexibility and deference provided to Indian Tribal governments in develop- ing general welfare programs to satisfy the program and benefit requirements of section 139E and these final regulations. Moreover, the IRS Office of Indian Tribal Governments is also a resource for infor- mal advice on issues that affect Indian Tribal governments. C. Appeal Process Some commenters requested an appeals process be provided to Tribes and Tribal members to appeal IRS field agent decisions to a team of Tribal specialists at the top of the IRS structure without waiv- ing existing legal rights. These comment- ers asserted that such an appeals process would acknowledge the unique Tribal relationship with the Federal government and would help Tribes and their Tribal members avoid litigation expenses. These commenters requested that Tribal court decisions be given full faith and credit by the IRS. The Treasury Department and the IRS do not include a separate appeals pro- cess in these final regulations because it is outside the scope of section 139E. The IRS expects that the existing appeals pro- cesses in place for entities and individuals to request the review of Federal income tax controversies would apply, includ- ing through the Independent Office of Appeals (Appeals). The IRS expects that the required education and training under section 3(b)(2) of the Act will also help IRS field agents and Tribal financial offi- cers understand the requirements of these final regulations and the unique govern- ment-to-government relationship with the Federal government. D. Section 139D In part III.A.4. of the Explanation of Provisions in the preamble to the proposed regulations, the Treasury Department and the IRS discussed wellness and health-re- lated programs and explained that section 139D of the Code and section 139E are independent provisions, and that section 139D does not limit the application of sec- tion 139E. The preamble discussed quali- fied Indian health care benefits generally and provided an example of medical care under section 213(d) of the Code. More- over, the example described certain well- ness and health-related programs, as well as care by an unlicensed spouse or rela- tive, that are not considered medical care under section 213(d), and concludes these are not excludible under section 139D. Commenters expressed concern that the Treasury Department and the IRS’s description of section 139D in the pro- January 26, 2026 438 Bulletin No. 2026–5 posed regulations is inaccurate and too narrow. Commenters requested that the Treasury Department and the IRS revise the description of section 139D to accu- rately reflect the exclusion from gross income for qualified Indian health care benefits. Several commenters stated that Tribes provide more than medical care under their Indian Self Determi- nation and Education Assistance Act (ISDEAA) agreements and in the health coverage they purchase and/or provide to their members. The commenters further explained that Tribes routinely provide general health, wellness, and other pre- ventative and health promotion services to their members through the community health representative programs, home and community-based services, community health education, and other services. The Treasury Department and the IRS agree with commenters that the descrip- tion of section 139D in the proposed reg- ulations was too narrow and inaccurate in describing a qualified Indian health care benefit. The Treasury Department and the IRS intended for the discussion in the pro- posed regulations to explain that section 139E applies to a benefit independent of section 139D such that a benefit from cer- tain wellness and health-related programs may qualify for exclusion from gross income under section 139E whether or not it also qualifies for exclusion from gross income under section 139D. Section 139D generally provides an exclusion from gross income for any qual- ified Indian health care benefit. The term “qualified Indian health care benefit” is defined in section 139D(b) and some ben- efits may not be limited by the definition of medical care under section 213. For example, section 139D(b)(1) provides that a qualified Indian health care benefit includes any health service or benefit pro- vided or purchased, directly or indirectly, by the Indian Health Service through a grant to or a contract or compact with an Indian Tribe or Tribal organization, or through a third-party program funded by the Indian Health Service. Amounts paid for benefits that are merely beneficial to the general health of an individual, such as certain wellness and health-related programs, as well as care by an unlicensed spouse or relative, are not amounts paid for medical care. How- ever, even if such benefit is not a qualified Indian health care benefit under section 139D, an Indian Tribal government may determine, under §1.139E-1(d)(2), that wellness and health-related programs are for the promotion of general welfare under section 139E. Thus, amounts paid for benefits that are merely beneficial to the general health of an individual, such as certain wellness and health-related programs, as well as care by a spouse or relative, may be amounts which qualify as Tribal general welfare benefits. X. Ongoing Consultation A. Future TTAC Coordination Many commenters requested that the Treasury Department and the IRS continue to coordinate all changes and future guidance with the TTAC to ensure Tribal input remains at the forefront of future efforts to develop and implement the Act. Many commenters requested that the Treasury Department and the IRS maintain an open dialogue with TTAC on guidance proposals, and not mere listening sessions, so that Tribes have a meaningful role in the develop- ment of all rules that impact the Tribal general welfare exclusion both directly and through TTAC. For example, one commenter requested that the Treasury Department and the IRS meet with TTAC to jointly consider and address the com- ments received on the proposed regula- tions, and, in turn, that the TTAC share this progress with Tribes to ensure Tribal input in the guidance process. Moreover, commenters requested that the Treasury Department and the IRS maintain ongo- ing consultation with Tribal leaders and the TTAC as new issues arise to ensure the regulations protect Tribal sovereignty and support effective Tribal governance. One commenter objected generally to the composition of Tribal representation on the TTAC. Conversely, some com- menters shared appreciation for the Trea- sury Department and the IRS’s collabora- tive approach with the TTAC and Tribes on the development of the proposed reg- ulations. Commenters also expressed sup- port for the work of Treasury’s Office of Tribal and Native Affairs and requested permanency for the office. The Treasury Department and the IRS agree with commenters that ongoing con- sultation with the TTAC is beneficial to the implementation of the Act. The Treasury Department and the IRS have engaged in extensive consultation with the TTAC GWE Subcommittee during the drafting of these final regulations with meaning- ful discussion of the comments received on the proposed regulation. These final regulations incorporate the recommenda- tions of the TTAC GWE Subcommittee on these issues. Moreover, the Treasury Department and the IRS intend to con- tinue meaningful consultation with the TTAC GWE Subcommittee to develop the training and education required by section 3(b) of the Act. B. Alaska Native Regional or Village Corporations Several commenters expressed concern that the proposed regulations do not pro- vide guidance for Alaska Native regional or village corporations, even though Alaska Native regional or village corpo- rations are included in section 139E(c)(1). Commenters stated the Treasury Depart- ment and the IRS are required to consult with Alaska Native regional or village corporations on the same basis as Feder- ally recognized Tribes under Executive Order 13175. Some commenters pointed to Dear Tribal Leader Letters sent to lead- ers of Federally recognized Tribes and those letters were not sent to leadership of Alaska Native regional or village cor- porations and did not specifically address Alaska Native regional or village corpora- tions. These commenters argued that the promise to issue guidance in the future is inadequate to satisfy the requirements of the Act and leaves out Alaska Native regional or village corporations, and Alaska Native regional or village corpora- tions have no information when consulta- tion will be held on section 139E and the Act. These commenters asserted that the IRS should have consulted with Alaska Native regional or village corporations to provide their leadership and other inter- ested parties an opportunity to engage in the commenting process before deciding to omit Alaska Native regional or village corporations from the proposed regula- tions. Bulletin No. 2026–5 439 January 26, 2026 Some commenters argued that provid- ing guidance for Alaska Native regional or village corporations in later regulations is harmful and has negative effects on Alaska Native regional or village corporations because it creates confusion and uncer- tainty for Alaska Native regional or vil- lage corporations and may have the poten- tial to obscure their place in the regulatory framework, contrary to their inclusion in section 139E. One commenter notes the omission of Alaska Native regional or vil- lage corporations from the proposed reg- ulations creates confusion as to whether section 139E applies to Alaska Native regional or village corporations and that eliminating this uncertainty should be a top priority of the Treasury Department and the IRS. Some commenters recommended that the final regulations include Alaska Native regional or village corporations in the defi- nitions of Indian Tribal government and Tribe in §1.139E-1. Other commenters recommended that the Treasury Depart- ment and the IRS finalize the regulations only after consultation with Alaska Native regional or village corporations on section 139E, publishing a proposed regulation applicable to Alaska Native regional or village corporations, providing notice and comment on such regulation, and solici- tating specific questions of Alaska Native regional or village corporations. A com- menter stated that Alaska Native regional or village corporations also provide vital general welfare benefits and services to their shareholders, such as scholarships, funding for cultural programs, improve- ments to healthcare access, and other essential services. Another commenter recommended that the Treasury Depart- ment and the IRS quickly promulgate proposed §1.139E-2 to address Alaska Native regional or village corporations. Several commenters mentioned that rules provided for Alaska Native regional or village corporations should be similar to those for Federally recognized Tribes in the proposed regulation, possibly with minor customizations. One commenter acknowledged the decision of the Treasury Department and the IRS to issue separate guidance for Alaska Native regional or village corpo- rations and Federally recognized Tribes. However, the commenter requested that the Treasury Department and the IRS include section 139E guidance for Alaska Native regional or village corporations as a priority on the Priority Guidance Plan (PGP) for the 2025-2026 plan year and that the guidance provided be similar to the guidance provided to Federally recog- nized Tribes under the proposed regula- tions. The commenter also recommended that interim guidance allow Alaska Native regional or village corporations to apply any or all of the provisions of the pro- posed regulation on a case-by-case basis. In the interest of sound tax administra- tion, the Treasury Department and the IRS have decided to continue to limit the rules of §1.139E-1 to Federally recognized Tribes. However, the Treasury Depart- ment and the IRS agree with commenters that, as provided in section 139E(c)(1), an Alaska Native regional or village cor- poration may provide Tribal general wel- fare benefits excluded from gross income under section 139E. The Treasury Department and the IRS held a consultation with Alaska Native regional and village corporations on July 29, 2025, in order to gather input before promulgating proposed regulations under section 139E customized to the specific circumstances of Alaska Native regional or village corporations. Discussion at this consultation focused on the application of section 139E to Alaska Native regional or village corporations and what guidance specific to Alaska Native regional or village corporations’ distinct Federal income tax characteristics and circumstances would be helpful. Additionally, the Treasury Department and the IRS included section 139E guidance for Alaska Native regional or village corporations as a priority on the Priority Guidance Plan for the 2025-2026 plan year, released on September 30, 2025. The current Priority Guidance Plan is available at https://www.irs.gov/privacy- disclosure/priority-guidance-plan. The Treasury Department and IRS are aware that Alaska Native regional or village corporations may want more certainty regarding their general welfare programs prior to the promulgation of additional final regulations under section 139E. Accordingly, the Treasury Depart- ment and the IRS have determined that Alaska Native regional or village corpo- rations may choose to apply the final rules in §1.139E-1 until proposed regulations that specifically address the application of the requirements of section 139E to Alaska Native regional or village corpo- rations are published under §1.139E-2. However, an Alaska Native regional or village corporation that chooses to apply the rules in §1.139E-1 must consistently apply the rules of §1.139E-1 with respect to any general welfare benefits provided to a shareholder of the Alaska Native regional or village corporation (and the shareholder’s spouse and dependents) and other Tribal program participants from general welfare programs of the Alaska Native regional or village corporation that satisfy §1.139E-1(c). These final regulations set forth the substance of the preceding two sentences at §1.139E-2. Moreover, the Treasury Department and the IRS acknowledge that section 3(b) of the Act requires education and training specific to Alaska Native regional or vil- lage corporations. Special Analyses I. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments Executive Order 13175 (Consultation and Coordination With Indian Tribal Gov- ernments) prohibits an agency from pub- lishing any rule that has Tribal implica- tions if the rule either imposes substantial, direct compliance costs on Indian Tribal governments and is not required by stat- ute, or preempts Tribal law, unless the agency meets the consultation and fund- ing requirements of section 5 of the Exec- utive order. These final regulations have a substantial direct effect on one or more Federally recognized Indian Tribes and do impose substantial direct compliance costs on Indian Tribal governments within the meaning of the Executive order. As a result, the Treasury Department complied with section 5(b)(2)(A) and (B) of Execu- tive Order 13175. In compliance with sec- tion 5(b)(2)(A) of Executive Order 13175 and in response to Tribal leader requests for these final regulations, the Treasury Department and the IRS held consulta- tions with Tribal leaders on November 18, 19, and 20, 2024, requesting assistance in addressing questions related to the Act and January 26, 2026 440 Bulletin No. 2026–5 the proposed regulations, which informed the development of these final regulations. The Treasury Department and the IRS also intend to conduct Tribal consultation on the required training described in sec- tion 3(b)(2) of the Act. II. Regulatory Planning and Review The Office of Information and Reg- ulatory Analysis of the Office of Man- agement and Budget (OMB) has deter- mined that this regulation is not subject to review under section 6(b) of Execu- tive Order 12866 pursuant to the Mem- orandum of Agreement (July 4, 2025) between the Treasury Department and the OMB regarding review of tax regulations. Therefore, a regulatory impact assessment is not required. The Executive Order 14192 designa- tion for this rule is anticipated to be dereg- ulatory. III. Paperwork Reduction Act The collection of information contained in these regulations has been reviewed and approved by the OMB in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3520) under control number 1545-2328. These regulations include third-party disclosures and recordkeeping require- ments that are required to substantiate that the value of a Tribal General Welfare Ben- efit is excluded from a recipient’s gross income. The recordkeeping requirements in §1.139E-1(c)(3) provide that Indian Tribal government programs must be adminis- tered under specified guidelines and pro- vide general requirements on the content of those guidelines. Written specified guidelines are not required. Additionally, Indian Tribal governments should keep records they deem appropriate to substan- tiate that the Tribal general welfare ben- efits are distributed without discriminat- ing in favor of the governing body of the Tribe, as described in §1.139E-1(c)(4), are not lavish or extravagant, as described in §1.139E-1(d)(4), and are not compensa- tion for services, as described in §1.139E- 1(d)(5). This information will generally be used by the IRS for tax compliance pur- poses to ensure Indian Tribal governments are distributing Tribal general welfare benefits in accordance with §1.139E-1. A disclosure requirement may apply to Indian Tribal governments that choose to provide notification to Tribal program par- ticipants that an Indian Tribal government program exists for which Tribal program participants may apply for benefits. These final regulations do not prescribe a specific method Indian Tribal governments must use to announce the existence of a pro- gram. An Indian Tribal government may announce Indian Tribal government pro- grams in any manner it deems appropriate. These final regulations do not change the general recordkeeping requirement under section 6001 or create any new recordkeeping requirements for Tribal program participants that receive a Tribal general welfare benefit. The estimated total reporting burden for Indian Tribal governments (third-party disclosure and recordkeeping burden for Tribal entities) is as follows: Estimated Number of Respondents: 2,296 Estimated Time per Response: 2 hours Estimated Frequency of Response: Once or on occasion Estimated Total Burden Hours: 4,592 hours The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) (PRA) gen- erally requires a Federal agency obtain the approval of OMB before collecting information from the public, whether such collection of information is mandatory, voluntary, or required to obtain or retain a benefit. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information dis- plays a valid control number assigned by the OMB. IV. Regulatory Flexibility Act The Secretary of the Treasury hereby certifies these final regulations will not have a significant economic impact on a substantial number of small entities pur- suant to the Regulatory Flexibility Act (5 U.S.C. chapter 6). These final regula- tions affect Indian Tribal governments that establish and administer Tribal gen- eral welfare programs and that distribute Tribal general welfare benefits to certain individuals. The Treasury Department and the IRS have no reliable data to determine whether Tribal general welfare programs may be established and administered through small entities, such as not-for- profit entities. Although data is not read- ily available about the number of small entities that will potentially be affected by these final regulations, it is possible that a substantial number of small entities may be affected. However, any impact on those entities will not be economically signifi- cant and therefore a regulatory flexibility analysis under the Regulatory Flexibility Act is not required. The impact of these final regulations can be described in the following catego- ries. First, §1.139E-1(c) provides guidance on what criteria a program must meet in order to be an “Indian Tribal Government Program.” Specifically, §1.139E-1(c) pro- vides that the program must be established by the Indian Tribal government; adminis- tered under specified guidelines; and not discriminate in favor of members of the governing body of the Tribe. Even assum- ing these provisions affect a substantial number of small entities, they will not have a significant economic impact. Sec- tion 139E(b) imposes the burden of what is needed to create an Indian Tribal gov- ernment program. These final regulations will provide deference to Indian Tribal governments on the types of general wel- fare programs established and generally defer to Indian Tribal governments on the form of the program’s specified guidelines and the specific records they should main- tain. As such, it is expected that the final regulations will have a minimal economic impact on Indian Tribal governments. Second, §1.139E-1(d) will provide guidance on whether a benefit is a “Tribal General Welfare Benefit” that is excluded from an individual’s gross income. Spe- cifically, §1.139E-1(d) will require the benefit be provided pursuant to an Indian Tribal government program; be for the promotion of general welfare; be avail- able to any eligible Tribal program par- ticipant; not be lavish or extravagant; and, except as provided in section 139E(c)(5), not be for compensation for services. Sec- tion 1.139E-1(d) will provide deference to Indian Tribal governments on the types of benefits that promote the general welfare, the individuals who are eligible for ben- Bulletin No. 2026–5 441 January 26, 2026 efits, and whether benefits are provided in exchange for participation in certain cultural or ceremonial activities under section 139E(c)(5) and these final regu- lations. It also provides that deference is given to the attestations of the facts and circumstances at the time that a benefit is provided to the Tribal program participant, and that the benefit is presumed to not be lavish or extravagant if it is described in, and provided in accordance with, the written specified guidelines of an Indian Tribal government program that exist at the time that the benefit is provided to the Tribal program participant. As such, it is expected that the final regulations will have a minimal economic impact on Indian Tribal governments. Third, an Indian Tribal government program may provide benefits to a Tribal program participant that are items of cultural significance, reimbursement of costs, or cash honoraria for the Tribal program participant’s participation in certain cultural or ceremonial activities. See §1.139E-1(e). Indian Tribal govern- ments have broad discretion to determine whether or not these benefits are provided. Even assuming this provision affects a substantial number of small entities, it will not have a significant economic impact because benefits that are items of cultural significance, reimbursement of costs, and cash honoraria are only a few types of the benefits that are permitted to be provided under section 139E and §1.139E-1. An Indian Tribal government is not required to provide these types of benefits. For the reasons stated, a regulatory flexibility analysis under the Regulatory Flexibility Act is not required. V. Section 7805(f) Pursuant to section 7805(f) of the Code, the proposed regulations (REG- 106851-21) preceding this final regula- tion were submitted to the Chief Counsel for the Office of Advocacy of the Small Business Administration for comment on its impact on small business, and no com- ments were received. VI. Unfunded Mandates Reform Act Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) requires that agencies assess anticipated costs and benefits and take certain other actions before issuing a final rule that includes any Federal mandate that may result in expenditures in any one year by a State, local, or Indian Tribal government, in the aggregate, or by the private sector, of $100 million (updated annually for inflation). These final regulations do not include any Federal mandate that may result in expen- ditures by State, local, or Indian Tribal governments, or by the private sector in excess of that threshold. VII. Executive Order 13132: Federalism Executive Order 13132 (Federalism) prohibits an agency from publishing any rule that has federalism implications if the rule either imposes substantial, direct compliance costs on State and local gov- ernments, and is not required by statute, or preempts State law, unless the agency meets the consultation and funding requirements of section 6 of the Executive order. These final regulations do not have federalism implications and do not impose substantial direct compliance costs on State and local governments or preempt State law within the meaning of the Exec- utive order. Effect on Other Documents Revenue Procedure 2014-35 (2014-26 I.R.B. 1110) and Notice 2015-34 (2015-18 I.R.B. 942) are obsolete for taxable years beginning on or after January 1, 2027. Statement of Availability of IRS Documents Guidance cited in this preamble is pub- lished in the Internal Revenue Bulletin and is available from the Superintendent of Documents, U.S. Government Publish- ing Office, Washington, DC 20402, or by visiting the IRS website at https://www. irs.gov. Drafting Information The principal authors of these regula- tions are Mon Lam, Jonathan Dunlap, and Thomas Brown of the Office of Associate Chief Counsel (Income Tax and Account- ing). However, other personnel from the Treasury Department and the IRS partic- ipated in the development of the regula- tions. List of Subjects in 26 CFR Part 1 Income taxes, Reporting and record- keeping requirements. Amendments to the Regulations Accordingly, 26 CFR part 1 is amended as follows: PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 is amended by adding entries for §§1.139E-1, 1.139E-1(d)(6), 1.139E-2, and 1.7872-5(b)(17), in numerical order, to read in part, as follows: Authority: 26 U.S.C. 7805 * * * * * * * * Section 1.139E-1 also issued under 26 U.S.C. 139E. Section 1.139E-1(d)(6) also issued under 26 U.S.C. 7872. Section 1.139E-2 also issued under 26 U.S.C. 139E. * * * * * Section 1.7872-5(b)(17) also issued under 26 U.S.C. 7872. * * * * * Par. 2. Sections 1.139E-0 through 1.139E-2 are added to read as follows: * * * * * Sec. 1.139E-0 Table of contents. 1.139E-1 Tribal general welfare benefits. 1.139E-2 Alaska Native regional or vil- lage corporations. * * * * * §1.139E-0 Table of contents. This section lists the major captions for §§1.139E-1 and 1.139E-2. §1.139E-1 Tribal general welfare benefits. (a) Overview. (b) Definitions. (1) Act. (2) Benefit. (3) Code. January 26, 2026 442 Bulletin No. 2026–5 (4) Indian Tribal Government. (5) Indian Tribal Government Program. (6) Tribal General Welfare Benefit. (7) Tribe. (8) Tribal Program Participant. (9) Tribal Member. (10) Dependent. (c) Indian Tribal Government Program. (1) In general. (2) Program must be established. (3) Program must be administered under specified guidelines. (4) Program cannot discriminate in favor of members of the governing body of the Tribe. (5) No limitation on source of funds. (d) Tribal General Welfare Benefits. (1) In general. (2) Benefits must be for the promotion of general welfare. (3) Benefits must be available. (4) Benefits cannot be lavish or extrav- agant. (5) Benefits cannot be compensation for services. (6) Loans from an Indian Tribal Gov- ernment to a Tribal Program Participant. (e) Cultural or ceremonial activities. (1) In general. (2) Application. (3) Examples. (f) Section 2(c) of the Act. (g) Audit suspension. (h) Applicability date. §1.139E-2 Alaska Native regional or village corporations. §1.139E-1 Tribal general welfare benefits. (a) Overview. Under section 139E of the Code and this section, the gross income of a Tribal Program Participant for the taxable year does not include the value of any Tribal General Welfare Ben- efit provided by an Indian Tribal Govern- ment Program during the year to or on behalf of the Tribal Program Participant. Paragraph (b) of this section provides definitions that apply for purposes of this section. Paragraph (c) of this section pro- vides the requirements that any program must satisfy to qualify as an Indian Tribal Government Program for purposes of this section. Paragraph (d) of this section pro- vides the requirements that any benefit provided to or on behalf of a Tribal Pro- gram Participant must satisfy to qualify as a Tribal General Welfare Benefit for purposes of this section. Paragraph (e) of this section provides special rules related to cultural or ceremonial activities solely for purposes of this section. Paragraph (f) of this section restates the deference pro- vided to Indian Tribal governments under section 2(c) of the Act. Paragraph (g) of this section describes the audit suspension provisions in section 4(a) of the Act. Para- graph (h) of this section provides the date of applicability of this section. (b) Definitions. The following defini- tions apply for purposes of this section: (1) Act. The term Act means the Tribal General Welfare Exclusion Act of 2014, Public Law 113–168, 128 Stat. 1883 (2014). (2) Benefit. The term benefit means any money, property, services, or other item of value provided to or on behalf of an indi- vidual. (3) Code. The term Code means the Internal Revenue Code. (4) Indian Tribal Government. The term Indian Tribal Government means an Indian Tribal Government as defined by section 7701(a)(40) of the Code and includes any agencies or instrumentalities of such an Indian Tribal Government. (5) Indian Tribal Government Pro- gram. The term Indian Tribal Government Program means a program that satisfies the requirements of paragraph (c) of this section. (6) Tribal General Welfare Benefit. The term Tribal General Welfare Ben- efit means any benefit provided to or on behalf of a Tribal Program Participant that satisfies the requirements of paragraph (d) of this section for exclusion from gross income as an “Indian general welfare ben- efit” under section 139E of the Code. (7) Tribe. The term Tribe means any Indian Tribe, band, nation, pueblo, or other organized group or community, including any Alaska Native village as defined in 43 U.S.C. 1602(c), that is recognized as eligi- ble for the special programs and services provided by the United States to Indians because of their status as Indians. (8) Tribal Program Participant—(i) In general. The term Tribal Program Par- ticipant means a Tribal Member, spouse of a Tribal Member within the meaning of §301.7701-18 of this chapter, spouse of a Tribal Member under applicable Tribal law, dependent of a Tribal Mem- ber, or other individual who has been determined by the Indian Tribal Govern- ment to be eligible for a Tribal General Welfare Benefit because such individual is, with respect to a Tribal Member, an ancestor, descendant, former spouse, widow or widower, legally recognized domestic partner or former domestic partner, or an individual for whom a Tribal Member is a caregiver authorized under Tribal or State law. (ii) Special rule for ceremonial or cultural activities. Solely for purposes of paragraph (e) of this section, the term Tribal Program Participant may include a member or citizen of a Tribe that is dif- ferent from the Tribe that establishes or maintains the Indian Tribal Government Program that provides the Tribal General Welfare Benefit, and other individuals described in paragraph (b)(8)(i) of this section. For purposes of this paragraph (b)(8)(ii), in applying paragraph (b)(8)(i) of this section, such member or citizen of another Tribe will be treated as a Tribal Member. (9) Tribal Member. The term Tribal Member means an individual who is a member or citizen of the Tribe that estab- lishes or maintains the Indian Tribal Gov- ernment Program because the individual meets the requirements established by applicable Tribal law for enrollment in the Tribe, and: (i) Is listed on the Tribal rolls of the Tribe if such rolls are kept; (ii) Is recognized as a member by the Tribe if Tribal rolls are not kept; or (iii) Is an Indian child as defined in 25 U.S.C. 1903. (10) Dependent. The term dependent means an individual who is a qualifying child or a qualifying relative, as defined in section 152 of the Code, of a Tribal Mem- ber for the taxable year determined: (i) Without regard to whether the Tribal Member was a qualifying child or quali- fying relative, each as defined in section 152, of another taxpayer for a taxable year of the other taxpayer beginning in that cal- endar year. (ii) Without regard to whether the indi- vidual filed a joint return with the individ- ual’s spouse (as defined in section 6013 of Bulletin No. 2026–5 443 January 26, 2026 the Code) for the taxable year beginning in that calendar year; and (iii) Without regard to the individu- al’s gross income for the calendar year in which the individual’s taxable year begins. (c) Indian Tribal Government Pro- gram—(1) In general. A program is an Indian Tribal Government Program only if the program: (i) Is established by the Indian Tribal Government, as described in paragraph (c) (2) of this section; (ii) Is administered under specified guidelines, as described in paragraph (c) (3) of this section; and (iii) Does not discriminate in favor of members of the governing body of the Tribe, as described in paragraph (c)(4) of this section. (2) Program must be established—(i) In general. A program must be estab- lished by an Indian Tribal Government. A program established by Tribal custom or government practice, or by formal action of the Indian Tribal Government, is a program established by the Indian Tribal Government. Formal action means autho- rization of the program pursuant to appli- cable Tribal law. The formal action must be in writing to the extent such writing is required under applicable Tribal law. For example, written documentation that evidences the formal action of the Indian Tribal Government to establish the pro- gram is required if such written documen- tation is required under applicable Tribal law. Similarly, no written documentation of the formal action of the Indian Tribal Government to establish the program is required if, under applicable Tribal law, no written documentation of such action is required. As an additional example, a pro- gram may be established by a voice vote if such voice vote would otherwise con- stitute formal action of the Indian Tribal Government under applicable Tribal law. To the extent permitted under applicable Tribal law, an Indian Tribal Government may delegate the authority for establish- ing a program to a designated individual or entity of the Indian Tribal Government. (ii) Examples. The requirements of this paragraph (c)(2) are illustrated by the fol- lowing examples, which are not intended to be an exhaustive or exclusive illustra- tion of the rules provided in this paragraph (c)(2): (A) Example 1. A, a Tribe, operates under the direction of its Indian Tribal Government (the Coun- cil). According to the laws of A, all expenditures of A must be approved by a majority of the Council at the Council’s annual meeting or by written unanimous consent if the action is taken without a meeting. During the annual meeting of A’s Council, a majority of the Council vote to approve establishing a pro- gram. A’s Council has established the program under paragraph (c)(2)(i) of this section. (B) Example 2—(1) Facts. The facts are the same as in paragraph (c)(2)(ii)(A) of this section (Exam- ple 1), except that, based on a recommendation from the Tribal Education office, A’s Council determines to provide funding for a scholarship program to pay 100% of education related expenses for any Tribal Member who graduates from high school or receives a GED during the calendar year. Because the next Council meeting is scheduled in December 2024, and to avoid potential impact on eligible students, in February 2024, Council adopts by unanimous writ- ten consent the following education program: (i) Approving $X of funding for the 2024 year for the scholarship program; and (ii) Authorizing the director of the Tribal Educa- tion office to use the approved funds for the scholar- ship program. (2) Analysis. A’s Council has established the education program under paragraph (c)(2)(i) of this section. (C) Example 3. The facts are the same as in para- graph (c)(2)(ii)(B) of this section (Example 2) except that A’s Council approves $X of annual funding to be provided for the education program, and delegates to the Tribal Education office authority to establish a scholarship program. A’s Council has established the education program under paragraph (c)(2)(i) of this section. (3) Program must be administered under specified guidelines. A program must be administered under specified guidelines. The specified guidelines must include, at a minimum, a description of the program to provide Tribal General Wel- fare Benefits, the eligibility requirements for the program, a description of the type of benefits authorized by the program, and the process for receiving benefits under the program. A program is administered under specified guidelines if the program is operated in accordance with such guide- lines. Indian Tribal Governments may choose to, but are not required to, set forth the specified guidelines of the program in writing. (4) Program cannot discriminate in favor of members of the governing body of the Tribe—(i) In general. Except in the case of a program described in paragraph (c)(4)(ii) of this section, a program cannot discriminate in favor of members of the governing body of the Tribe. For the pur- poses of this paragraph (c)(4), a governing body means the legislative body of the Tribe, such as the Tribal Council, or the representative equivalent of the legislative body of the Tribe. (ii) General council Tribes. A program is treated as being in compliance with this paragraph (c)(4) if the governing body of a Tribe consists of the entire adult mem- bership of the Tribe. (iii) Facts and circumstances test. Except in the case of a program described in paragraph (c)(4)(ii) of this section, a program fails to satisfy the requirements of this paragraph (c)(4) if, based on all the facts and circumstances, the program, either by its terms or in its administration, discriminates in favor of members of the governing body of the Tribe. A program discriminates in favor of the members of the governing body of the Tribe if the program by its terms is available only to members of the governing body. Thus, for example, a program established to provide benefits solely to the children of members of the governing body of the Tribe (unless the Tribe is a general council Tribe) and thus defrays costs otherwise borne by members of the governing body fails to satisfy the requirements of this paragraph (c)(4). Additionally, the administration of a program discriminates in favor of mem- bers of the governing body of the Tribe if, based on the totality of the facts and cir- cumstances, the benefits provided during the year disproportionately favor mem- bers of the governing body of the Tribe because of their status as members of the governing body. (5) No limitation on source of funds— (i) In general. Benefits under the Indian Tribal Government Program may be funded by any source of revenue or funds. For example, an Indian Tribal Govern- ment may use funds derived from levies, taxes, and service fees; settlements; rev- enues from Tribally-owned businesses, including casino revenues; funds from Federal, State, or local governments; and funds from other sources, including grants and loans, to provide benefits under an Indian Tribal Government Program. (ii) Benefits funded by net gaming rev- enues. Benefits under the Indian Tribal Government Program may be funded by net gaming revenues as permitted under the Indian Gaming Regulatory Act, 25 U.S.C. 2701-2721 (IGRA). However, January 26, 2026 444 Bulletin No. 2026–5 per capita payments, as defined under IGRA, are subject to Federal taxation under IGRA and are not excludable from gross income under section 139E or this section. For purposes of section 139E and this section, a payment is a per capita pay- ment if it is identified by the Indian Tribal Government as a per capita payment in a Revenue Allocation Plan that is approved by the Department of the Interior (see 25 U.S.C. 2710(b)(3) and 25 CFR 290.11) and in effect at the time of the payment. (iii) Benefits paid as distributions from certain trusts. Benefits under the Indian Tribal Government Program may be pro- vided to Tribal Program Participants as distributions from the portion of a trust of which the Indian Tribal Government is treated as owner under sections 671 through 677. For purposes of section 139E and this section, the determination of whether a benefit is a Tribal General Welfare Benefit is made at the time the benefit is distributed from the trust to the Tribal Program Participant. A benefit, or a portion thereof, that an Indian Tribal Government Program distributes from a trust is a Tribal General Welfare Benefit under section 139E if it otherwise satisfies the requirements of section 139E and this section. (d) Tribal General Welfare Benefits— (1) In general. A benefit does not qualify as a Tribal General Welfare Benefit unless the benefit is: (i) Provided pursuant to an Indian Tribal Government Program, as described in paragraph (c) of this section; (ii) Provided for the promotion of gen- eral welfare, as described in paragraph (d) (2) of this section; (iii) Available to any eligible Tribal Program Participant, as described in para- graph (d)(3) of this section; (iv) Not lavish or extravagant, as described in paragraph (d)(4) of this sec- tion; and (v) Not compensation for services, as described in paragraph (d)(5) of this sec- tion. (2) Benefits must be for the promo- tion of general welfare—(i) In general. Tribal General Welfare Benefits must be for the promotion of general welfare. For purposes of section 139E and this para- graph (d)(2), the Indian Tribal Govern- ment determines that a benefit is for the promotion of general welfare at the time it establishes the Tribal General Welfare Program meeting the requirements of paragraph (c) of this section. An Indian Tribal Government has sole discretion to determine whether a benefit is for the promotion of general welfare and the Internal Revenue Service will defer to the Indian Tribal Government’s deter- mination that a benefit is for the promo- tion of general welfare. Benefits may be provided without regard to the financial or other need of Tribal Program Partici- pants and may be provided on a uniform or pro-rata basis to Tribal Program Par- ticipants. Thus, for example, an Indian Tribal Government determines whether benefits are for the promotion of general welfare under programs such as cultural programs, housing assistance programs, programs to provide education bene- fits, programs for training or retraining to acquire new skills or to obtain better employment opportunities, programs to provide assistance for disasters or emergency situations, funeral or burial assistance programs, legal aid programs, wellness and health-related programs, or any programs that provide benefits to specific categories of individuals, such as elderly individuals or minors. More- over, an Indian Tribal Government may also determine that providing a benefit to a Tribal Program Participant to support, develop, operate, expand or start a trade or business is a benefit for the promotion of general welfare. However, a benefit paid to or on behalf of a Tribal Program Participant for a trade or business must be paid to or on behalf of the Tribal Pro- gram Participant in the Tribal Program Participant’s capacity as an individual (for example, the benefit cannot be paid to or on behalf of the Tribal Program Par- ticipant’s corporation or partnership). (ii) Examples. The requirements of paragraph (d)(2)(i) of this section are illustrated by the following examples. Items listed in these examples following the term “including” are not intended to be an exhaustive or exclusive illustration of the application of the rules in paragraph (d)(2)(i) of this section. For the examples in this paragraph (d)(2)(ii), assume the Indian Tribal Government has determined that the benefits provided are for the pro- motion of general welfare. (A) Example 1: Housing programs. Indian Tribal Government A administers a program, B, pursu- ant to which the following benefits are provided in connection with A’s Tribal Members’ principal resi- dences and ancillary structures: payments for Tribal Members to use to make mortgage payments, down payments, and rent payments (including security deposits); payments for Tribal Members to enhance habitability of housing, such as by remedying water, sewage, sanitation service, safety (including mold remediation), and heating or cooling issues; pay- ments for Tribal Members to provide for basic hous- ing repairs or rehabilitation (including roof repair and replacement); and payments to Tribal Members to pay utility bills and charges (including water, elec- tricity, gas, and basic communications services such as phone, internet, and cable). The payments made by A under B are for the promotion of general wel- fare as described in paragraph (d)(2)(i) of this sec- tion. (B) Example 2: Educational programs. Indian Tribal Government C administers a program, D, pursuant to which the following benefits are pro- vided: provision to students (including post-second- ary students) of transportation to and from school, tutors, and supplies (including clothing, backpacks, laptop computers, textbooks, musical instruments, and sports equipment) for use in school activities and extracurricular activities; tuition payments for students (as well as allowances for room and board on or off campus for the student, spouse, domestic partner, and dependents) to attend preschool, school, college or university, online school, educational seminars, vocational education, technical education, adult education, continuing education, or alternative education; provision of care of children away from their homes to help their parents or other relatives responsible for their care to be gainfully employed or to pursue education; and provision of job coun- seling and programs for which the primary objective is job placement or training, including allowances for expenses for interviewing or training away from home (including travel, auto expenses, lodging, and food), tutoring, and appropriate clothing for a job interview or training (including an interview suit or a uniform required during a period of training). The payments made by C under D are for the promotion of general welfare as described in paragraph (d)(2) (i) of this section. (C) Example 3: Elder and disabled programs. Indian Tribal Government E administers a program, F, pursuant to which the following benefits are pro- vided to Tribal Members who have attained age 55 or are mentally or physically disabled (as defined under applicable law, including an Indian Tribal Govern- ment’s disability laws): meals through home-deliv- ered meals programs or at a community center or similar facility; home care such as assistance with preparing meals or doing chores, or day care out- side the home; local transportation assistance; and improvements to adapt housing to special needs (including but not limited to grab bars and ramps). The payments made by E under F are for the promo- tion of general welfare as described in paragraph (d) (2)(i) of this section. (D) Example 4: Transportation programs. Indian Tribal Government G administers a program, H, pur- suant to which the following benefits are provided: Bulletin No. 2026–5 445 January 26, 2026 payment of transportation costs, including for rental cars, mileage, and fares for taxis, ride-sharing or ride-hailing services, buses, and other public trans- portation. The payments made by G under H are for the promotion of general welfare as described in paragraph (d)(2)(i) of this section. (E) Example 5: Medical programs. Indian Tribal Government J administers a program, K, pursuant to which the following benefits are provided: payments for the cost of transportation, temporary meals, and lodging of a Tribal Program Participant while the individual is receiving medical care away from home, or to pay the cost of nonprescription drugs (including traditional Tribal medicines). The pay- ments made by J under K are for the promotion of general welfare as described in paragraph (d)(2)(i) of this section. (F) Example 6: Emergency programs. Indian Tribal Government L administers a program, M, pur- suant to which the following benefits are provided to individuals in exigent circumstances (including vic- tims of abuse): assistance to cover costs, including the costs of food, clothing, shelter, transportation, auto repair bills, and similar expenses; payment of costs for temporary relocation and shelter for indi- viduals involuntarily displaced from their homes (including situations in which a home is destroyed by a fire or natural disaster); and assistance for trans- portation emergencies (for example, when stranded away from home) in the form of transportation costs, a hotel room, and meals. The payments made by L under M are for the promotion of general welfare as described in paragraph (d)(2)(i) of this section. (G) Example 7: Cultural and religious programs. Indian Tribal Government N administers a program, P, pursuant to which the following benefits are pro- vided: payment of expenses (including admission fees, transportation, food, and lodging) to attend or participate in a Tribe’s cultural, social, religious, or community activities, including powwows, pot- latches, ceremonies, and traditional dances; payment of expenses (including admission fees, transporta- tion, food, and lodging) to visit sites that are cultur- ally or historically significant for the Tribe, including other Indian reservations; payment of the costs of receiving instruction about a Tribe’s culture, history, and traditions (including traditional language, music, and dances); payment of funeral and burial expenses and expenses of hosting or attending wakes, funer- als, burials, other bereavement events, and subse- quent honoring events; payment of transportation costs and admission fees to attend educational, social, or cultural programs offered or supported by the Tribe or another Tribe; and cash or property pro- vided as prizes or awards in connection with cultural, social, religious, or community activities (including powwows, potlatches, ceremonies, and traditional dances). In addition, the benefits provided by pro- gram P include the payment of expenses to assist in the preparation and clean-up activities related to the Tribe’s cultural, social, religious, or community activities. The payments made by N under P are for the promotion of general welfare as described in paragraph (d)(2)(i) of this section. (H) Example 8: Economic development benefits. Indian Tribal Government Q administers a program, R, pursuant to which Q provides benefits to Tribal Program Participants to support, develop, operate, expand or start a trade or business. Q provides bene- fits under program R, which include: a nonreimburs- able grant paid directly to a Tribal Program Partici- pant; an interest-free or other below-market loan to a Tribal Program Participant; and a cash benefit to a Tribal Program Participant to pay rent on a com- mercial lease. The benefits provided by Q to Tribal Program Participants under R, are for the promotion of general welfare as described in paragraph (d)(2) (i) of this section. (3) Benefits must be available. The benefits provided under an Indian Tribal Government Program must be available to any Tribal Program Participant who meets the specified guidelines of the program required under paragraph (c)(3) of this section, subject to budgetary constraints. However, the Indian Tribal Government has discretion to determine the category of individuals who are Tribal Program Par- ticipants under the Indian Tribal Govern- ment Program, provided that such deter- mination is consistent with the specified guidelines described in paragraph (c)(3) of this section and subject to the prohibi- tion on discrimination under paragraph (c) (4) of this section. Thus, for example, an Indian Tribal Government is permitted to limit eligibility for an Indian Tribal Gov- ernment Program to dependents of Tribal Members who have attained a specified age, or, as another example, to a Tribal Member’s household. (4) Benefits cannot be lavish or extrav- agant—(i) Facts and circumstances test. The benefit provided by an Indian Tribal Government Program cannot be lavish or extravagant. Whether a benefit is lavish or extravagant for purposes of this section is based on the facts and circumstances at the time the benefit is provided. Relevant facts and circumstances include a Tribe’s culture and cultural practices, history, geographic area, traditions, resources, and economic conditions or factors. For purposes of this paragraph (d)(4)(i), the Internal Revenue Service will defer to an Indian Tribal Government’s attestations of the fact and circumstances but may also consider other facts and circumstances that are not attested to by the Indian Tribal government at the time that the benefit is provided to the Tribal Program Partici- pant. (ii) Presumption for written specified guidelines. A benefit will be presumed to not be lavish or extravagant if it is described in, and provided in accordance with, the written specified guidelines of an Indian Tribal Government Program that exist at the time that the benefit is pro- vided to the Tribal Program Participant. (5) Benefits cannot be compensation for services. Except as provided in para- graph (e) of this section, a Tribal General Welfare Benefit does not include benefits that are provided as compensation for ser- vices to any person. Under section 61(a) of the Code, compensation for services includes fees, commissions, fringe ben- efits, and similar items, whether paid in money or property. (6) Loans from an Indian Tribal Gov- ernment to a Tribal Program Participant. Except as provided in §1.7872-5(a)(2), section 7872 of the Code does not apply to a loan from an Indian Tribal Government to a Tribal Program Participant pursuant to an Indian Tribal Government Program. (e) Cultural or ceremonial activities— (1) In general. For purposes of section 139E and paragraph (d)(5) of this section, a benefit is not compensation for services if: (i) The benefit is provided to a Tribal Program Participant for the Tribal Pro- gram Participant’s participation in cultural or ceremonial activities for the transmis- sion of Tribal culture as determined by the Indian Tribal Government (includ- ing but not limited to: powwows; rite of passage ceremonies; funerals; wakes; burials; other bereavement events; hon- oring events; Tribal community service events, such as a neighborhood clean-up or a youth woodcutting program to ben- efit elders; participation in training in tra- ditional construction techniques; Tribal language education; and other activities, including, for example, those described in paragraph (d)(2)(ii)(G) of this section); and (ii) The benefit consists of an item of cultural significance as determined by the Indian Tribal Government, the reimburse- ment of costs, or a cash honorarium. (2) Application. Except as otherwise provided in this paragraph (e)(2), an Indian Tribal Government has sole discretion to determine whether an item is an item of cultural significance and whether an activ- ity is a cultural or ceremonial activity, and the Internal Revenue Service will defer to these determinations by the Indian Tribal Government. A benefit provided under this paragraph (e) can be a prize or award January 26, 2026 446 Bulletin No. 2026–5 given to a Tribal Program Participant for the Tribal Program Participant’s participa- tion in cultural or ceremonial activities for the transmission of Tribal culture. How- ever, cash, gift cards, or vehicles are gen- erally not items of cultural significance. (3) Examples. The application of this paragraph (e) is illustrated by the follow- ing examples, which are not intended to be an exhaustive or exclusive illustration of the rules provided in this paragraph (e): (i) Example 1: Benefits for cultural or ceremo- nial activities not compensation for services. Tribe B regularly holds a gathering during the fall sea- son to celebrate its cultural traditions. During the gathering, Tribal Members of B, as well as Tribal members of other Tribes from around the region, are invited to participate. The Indian Tribal Gov- ernment of B (ITG-B) allocates funds for the gath- ering, some of which are used for the following payments: (A) Tribal Member of B. Individual 1, a Tribal Member of B, provides traditional blessings on the first and final days of the gathering. ITG-B gives Individual 1 a cash honorarium in recognition of providing the blessings. The cash honorarium that Individual 1 receives from ITG-B is not compensa- tion for services under this paragraph (e). (B) Tribal Member of different Tribe. Individ- ual 2, a Tribal Member of Tribe C, participates as a drummer for a ceremonial dance on the second day of the gathering. ITG-B gives Individual 2 a piece of culturally significant jewelry. Under paragraph (b)(8) (ii) of this section, Individual 2 is a Tribal Program Participant solely for purposes of this paragraph (e). The jewelry that Individual 2 receives from ITG-B is not compensation for services under this paragraph (e). (ii) Example 2: Benefits for cultural or ceremo- nial activities not compensation for services. Tribe C operates a language preservation center in which Individual 3, a Tribal Member of C, who speaks the traditional language that is common to C and other regional Tribes, volunteers to come in every Sat- urday to discuss and teach the traditional language of C to other Tribal Members of C. The Indian Tribal Government of C (ITG-C), reimburses Indi- vidual 3 for travel expenses and teaching supplies used in Individual 3’s language lessons. The reim- bursement of costs that Individual 3 receives from ITG-C is not compensation for services under this paragraph (e). (f) Section 2(c) of the Act. Section 2(c) of the Act provides that ambiguities in sec- tion 139E of the Internal Revenue Code, as added by the Act, shall be resolved in favor of Indian Tribal governments and deference shall be given to Indian Tribal governments for the programs adminis- tered and authorized by the Tribe to ben- efit the general welfare of the Tribal com- munity. (g) Audit suspension. After December 16, 2025, the Department of the Trea- sury and the Internal Revenue Service will, in consultation with the Treasury Tribal Advisory Committee, establish and require the education and training pre- scribed in section 3(b)(2) of the Act. The temporary suspension of audits and exam- inations (see sections 7602 and 7605 of the Code) described in section 4(a) of the Act applies to Indian Tribal governments and Tribal Program Participants and will not be lifted until after the education and training prescribed by section 3(b)(2) of the Act is completed. An inquiry into a taxpayer’s eligibility for the audit suspen- sion does not constitute an audit or exam- ination for purposes of the audit suspen- sion described in section 4(a) of the Act. (h) Applicability date. This section applies to taxable years of Tribal Program Participants that begin on or after January 1, 2027. Indian Tribal Governments and Tribal Program Participants may choose to apply the provisions of this section, in their entirety, to taxable years that begin before January 1, 2027. §1.139E-2 Alaska Native regional or village corporations. An Alaska Native regional or village corporation, as defined in, or established pursuant to, the Alaska Native Claims Set- tlement Act (43 U.S.C. 1601 et seq.), may choose to apply the rules in §1.139E-1 until rules that specifically address the application of the requirements of sec- tion 139E of the Internal Revenue Code to Alaska Native regional or village cor- porations are published under this section. However, an Alaska Native regional or village corporation that chooses to apply the rules in §1.139E-1 must apply all of the rules of §1.139E-1 with respect to any general welfare benefits provided to a shareholder of the Alaska Native regional or village corporation (and the sharehold- er’s spouse and dependents) and other Tribal Program Participants (as defined in §1.139E-1(b)). Par. 3. Section 1.7872-5 is amended by adding paragraph (b)(17) to read as follows: §1.7872-5 Exempted loans. * * * * * (b) * * * (17) See §1.139E-1(d)(6) for rules for a loan from an Indian Tribal Government to a Tribal Program Participant pursuant to an Indian Tribal Government Program within the meaning of §1.139E-1(c). See §1.139E-1(h) for the applicability date of this paragraph (b)(17). * * * * * Frank J. Bisignano, Chief Executive Officer. Approved: November 19, 2025. Kenneth J. Kies Assistant Secretary of the Treasury (Tax Policy). (Filed by the Office of the Federal Register Decem- ber 15, 2025, 8:45 a.m., and published in the issue of the Federal Register for December 16, 2025, 90 FR 58378) Bulletin No. 2026–5 447 January 26, 2026 Part IV Section 4611 Oil Spill Liability Trust Fund Financing Rate Expiration Announcement 2026-02 This announcement provides important information for taxpayers who are liable for the tax on petroleum under § 4611 of the Internal Revenue Code. SECTION 1. BACKGROUND Section 4611(a) generally imposes a tax on certain crude oil and petroleum products at the rate specified in § 4611(c). Section 4611(c)(1) provides that the rate of the § 4611 tax is the sum of (A) the Hazardous Substance Superfund financ- ing rate (Superfund tax rate); and (B) the Oil Spill Liability Trust Fund financing rate (OSLTF tax rate). Section 4611(c) (3) adjusts the Superfund tax rate for inflation. Section 4611(f)(2) provides that the OSLTF tax rate shall not apply after December 31, 2025. Section 4.45 of Rev. Proc. 2025-32, 2025-45 I.R.B. 695, states that the infla- tion-adjusted amount for the § 4611 tax rate for the 2026 calendar year is $0.27 per barrel, which represents the sum of the $0.18 per barrel inflation-adjusted Super- fund tax rate and the $0.09 per barrel OSLTF tax rate. SECTION 2. SECTION 4611 TAX RATE AFTER EXPIRATION OF OSLTF TAX RATE The OSLTF tax rate expired on Decem- ber 31, 2025. As a result, the § 4611 tax rate for calendar year 2026 is $0.18 per barrel, which represents only the inflation-ad- justed Superfund tax rate. The $0.18 per barrel rate will apply for the entirety of the 2026 calendar year unless § 4611(f) (2) is amended to extend the OSLTF tax rate. Accordingly, notwithstanding section 4.45 of Rev. Proc. 2025-32, for any period in calendar year 2026 to which the OSLTF tax rate does not apply, the inflation-ad- justed amount for the § 4611 tax rate is $0.18 per barrel. SECTION 3. DRAFTING INFORMATION The principal author of this announce- ment is the Office of Associate Chief Counsel (Energy, Credits, and Excise Tax). However, other personnel from the Treasury Department and the IRS par- ticipated in its development. For further information regarding this announcement, call (202) 317-6855 (not a toll-free num- ber). Notice of Proposed Rulemaking Statutory Updates to Branded Prescription Drug Fee Regulations REG-103430-24 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemak- ing. SUMMARY: This document proposes amendments to regulations regarding the annual fee imposed on covered entities engaged in the business of manufacturing or importing certain branded prescription drugs. In response to the replacement of the Coverage Gap Discount Program with the new Manufacturer Discount Program by the Inflation Reduction Act of 2022, the proposed regulations would make updates regarding the discounts, rebates, and other price concessions used to determine branded prescription drug sales under Medicare Part D and would update for prior statutory changes. These proposed regulations would affect persons engaged in the business of manufacturing or importing certain branded prescription drugs. DATES: Written or electronic comments and requests for a public hearing must be received by March 3, 2026. Requests for a public hearing must be submitted as pre- scribed in the “Comments and Requests for a Public Hearing” section. ADDRESSES: Commenters are strongly encouraged to submit public comments electronically via the Federal eRulemak- ing Portal at https://www.regulations. gov (indicate IRS and REG-103430-24) by following the online instructions for submitting comments. Once submitted to the Federal eRulemaking Portal, com- ments cannot be edited or withdrawn. The Department of the Treasury (Treasury Department) and the IRS will publish for public availability any comments submit- ted to the IRS’s public docket. Send paper submissions to: CC:PA:01:PR (REG- 103430-24), Room 5503, Internal Reve- nue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044. A plain language summary of the proposed regu- lations will be made available at https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, contact Julia Barlow at (202) 317-6855 (not a toll-free number); con- cerning the submission of comments and requests to participate in the public hear- ing, contact the Publications and Regula- tions Section by phone at (202) 317-6901 (not a toll-free number) or by email at publichearings@irs.gov (preferred). SUPPLEMENTARY INFORMATION: Authority This document contains proposed amendments to the Branded Prescription Drug Fee Regulations (26 CFR part 51). The proposed regulations are issued under the express delegation of authority under section 9008(i) of the Patient Pro- tection and Affordable Care Act, Public Law 111-148, 124 Stat. 119 (2010), as amended by section 1404 of the Health Care and Education Reconciliation Act of 2010, Public Law 111-152, 124 Stat. 1029 (2010). These acts are collectively referred to in this preamble as the “ACA.” January 26, 2026 448 Bulletin No. 2026–5 All references in this preamble to “section 9008” are references to section 9008 of the ACA. Section 9008(i) provides that the Secretary of the Treasury or the Secre- tary’s delegate (Secretary) “shall publish guidance necessary to carry out the pur- poses of [section 9008].” The proposed regulations are also issued under the express delegation of authority under section 7805(a) of the Internal Revenue Code (Code), which provides that the Secretary “shall pre- scribe all needful rules and regulations for the enforcement of [the Code], including all rules and regulations as may be neces- sary by reason of any alteration of law in relation to internal revenue.” Background I. Overview The branded prescription drug fee was enacted by section 9008. Section 9008 did not amend the Code but cross-references specific Code sections. Under section 9008(a)(1), each cov- ered entity engaged in the business of manufacturing or importing branded pre- scription drugs must pay an annual fee to the Secretary. Section 9008(b) provides rules for determining the amount of the annual fee for each covered entity. Specifically, sec- tion 9008(b)(1) provides that the annual fee for each covered entity for calendar years 2019 and thereafter shall bear the same ratio to $2.8 billion as (i) the cov- ered entity’s branded prescription drug sales taken into account during the pre- ceding calendar year to (ii) the aggregate branded prescription drug sales of all cov- ered entities taken into account during the same year. Section 9008(d)(1) generally defines the term “covered entity” to mean any manufacturer or importer with gross receipts from branded prescription drug sales. Section 9008(e)(1) defines the term “branded prescription drug sales” to mean sales of branded prescription drugs to any specified government program or pursuant to coverage under such program. Section 9008(e)(2)(A) generally defines the term “branded prescription drug” to mean (i) any prescription drug the application for which was submitted under section 505(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(b)), or (ii) any biolog- ical product the license for which was sub- mitted under section 351(a) of the Public Health Service Act (42 U.S.C. 262(a)). Section 9008(e)(2)(B) defines the term “prescription drug” for purposes of sec- tion 9008(e)(2)(A)(i) to mean any drug which is subject to section 503(b) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)). Section 9008(e)(4) defines the term “specified government programs” as the Medicare Part D program, the Medicare Part B program, the Medicaid program, any program under which branded prescription drugs are procured by the Department of Veterans Affairs (VA), any program under which branded prescription drugs are procured by the Department of Defense (DOD), and the TRICARE retail pharmacy program, which are collectively referred to in this preamble as the “Programs.” Section 9008(g) requires the Secretary of Health and Human Services (Secretary of HHS), the Secretary of Veterans Affairs, and the Secretary of Defense to report to the Secretary the total branded prescrip- tion drug sales for each covered entity with respect to each specified government program. Section 9008(g)(1) specifies the information that the Secretary of HHS shall report for the Medicare Part D pro- gram. Section 9008(g)(1)(A) specifies that the costs of prescription drug plans and Medicare Advantage prescription drug plans reported by the Secretary of HHS is reduced by “any per-unit rebate, dis- count, or other price concession provided by the covered entity.” Section 9008(b)(3) requires the Secretary to use the data pro- vided by the Programs to calculate the fee. The Branded Prescription Drug Fee Regulations (TD 9684, 79 FR 43631 (July 28, 2014), as amended by TD 9823, 82 FR 34611 (July 26, 2017)), provide the method by which each covered entity’s annual fee is calculated. The regulations also define terms and provide rules for the administration of the fee. See 26 CFR 51.1 through 51.11 and 51.6302. Section 51.2 explains the terms used in 26 CFR part 51 for purposes of the fee imposed by section 9008 on branded pre- scription drugs. Section 51.2(b) defines the term “Agencies” to mean the Cen- ters for Medicare & Medicaid Services of the Department of Health and Human Services (CMS), the VA, and the DOD. Section 51.2(i) defines “manufacturer or importer” as the person identified in the Labeler Code of the National Drug Code (NDC) for a branded prescription drug. Section 51.4 sets forth the methodol- ogies that the Agencies are required to use to calculate the drug sales amount for each specified government program. Sec- tion 51.4(b)(1) requires CMS to determine branded prescription drug sales under Medicare Part D by aggregating the ingre- dient cost reported in the “Ingredient Cost Paid” field on the Prescription Drug Event (PDE) records at the NDC level, reduced by discounts, rebates, and other price con- cessions provided by the covered entity, for each sales year. Under §51.2(m), the term “sales year” means the second calen- dar year preceding the fee year. Section 51.4(b)(2) provides that for purposes of §51.4(b)(1), “discounts, rebates, and other price concessions” means (A) any direct and indirect remu- neration (DIR) (within the meaning of §51.4(b)(2)(ii)), which includes any DIR reported on the PDE records at the point of sale and any DIR reported on a Detailed DIR Report (within the meaning of §51.4 b)(2)(iii)); and (B) any coverage gap dis- count amount (within the meaning of §51.4(b)(2)(iv)). Section 51.4(b)(2)(iv) provides that for purposes of §51.4(b)(2)(i)(B), the term “coverage gap discount amount” means a 50-percent manufactured -paid (sic) dis- count on certain drugs under the Coverage Gap Discount Program described in sec- tion 1860D-14A of the Social Security Act (SSA) (42 U.S.C. 1395w-114a). The Cov- erage Gap Discount Program described in section 1860D-14A of the SSA initially required a 50-percent manufacturer-paid discount on applicable drugs in certain instances. In section 53116(b) of the Bipar- tisan Budget Act of 2018 (BBA), Public Law 115-123, 132 Stat 64 (February 9, 2018), Congress expanded the discount to 70 percent for plan years after plan year 2018. See 42 U.S.C. 1395w-114a(g)(4)(A). II. Inflation Reduction Act of 2022 Changes to Medicare Part D Discounts Section 11201 of Public Law 117- 169, 136 Stat. 1818 (August 16, 2022), Bulletin No. 2026–5 449 January 26, 2026 commonly known as the Inflation Reduc- tion Act of 2022 (IRA), redesigned the Medicare Part D benefit, including sun- setting the Coverage Gap Discount Pro- gram described in section 1860D-14A of the SSA as of January 1, 2025. Section 11201(c)(1) of the IRA amended the SSA by adding section 1860D-14C (42 U.S.C. 1395w-114c) to establish the new Manufacturer Discount Program begin- ning January 1, 2025, which requires participating manufacturers to provide discounted prices for applicable drugs of the manufacturer that are dispensed to applicable beneficiaries who are in the initial and catastrophic coverage phases of the Part D benefit. Under section 1860D-43(a) of the SSA, in order for coverage to be available under Part D for covered Part D drugs of a manufacturer beginning January 1, 2025, the manufac- turer must participate in the Manufac- turer Discount Program by entering into and having in effect a Manufacturer Dis- count Program agreement under which the manufacturer agrees to provide dis- counted prices for applicable drugs of the manufacturer that are dispensed to applicable beneficiaries. Section 11201(c)(2) of the IRA amended section 1860D-14A of the SSA to sunset the Coverage Gap Discount Pro- gram for applicable drugs dispensed on or after January 1, 2025, but the provisions (including all responsibilities and duties) of the Coverage Gap Discount Program continue to apply with respect to appli- cable drugs dispensed before January 1, 2025. Explanation of Provisions To reflect statutory changes made by the BBA, the proposed regulations would update the percentage discount amount for the Coverage Gap Discount Program to reflect the statutory change from a 50 percent manufacturer-paid discount to a 70 percent manufacturer-paid discount (for plan years after plan year 2018). The proposed regulations would also cor- rect “manufactured-paid” in the current §51.4(b)(2)(i)(B) to “manufacturer-paid.” To reflect statutory changes made by the IRA, the proposed regulations would add references to the Manufacturer Discount Program to the rules regarding the dis- counts, rebates, and other price conces- sions that CMS uses to determine branded prescription drug sales under Medicare Part D, for purposes of the Branded Pre- scription Drug Fee. The proposed regulations would not remove the Coverage Gap Discount Pro- gram from the rules regarding the dis- counts, rebates, and other price conces- sions because, due to the manner in which the fee is calculated, the discounts that the Coverage Gap Discount Program provides through December 31, 2024, may still be used to calculate the fee for sales that occurred while the Coverage Gap Dis- count Program was effective. Beginning in the 2027 fee year, it is expected that there will be no Coverage Gap Discount Program discounts to take into account. The Treasury Department and the IRS are considering whether to include a sun- set for using the Coverage Gap Discount Program in the final regulations. The Treasury Department and the IRS request comments about whether the final regu- lations should include a sunset for using the Coverage Gap Discount Program for applicable drugs dispensed on or after January 1, 2025. Proposed Applicability Date Because these regulations reflect statu- tory changes that took effect at the begin- ning of 2025, these regulations are pro- posed to apply to fees calculated based on sales years beginning with calendar year 2025, which will also be sales years end- ing on or after the date these proposed reg- ulations are filed in the Federal Register. Special Analyses I. Regulatory Planning and Review— Economic Analysis Executive Orders 12866 and 13563 direct agencies to assess costs and ben- efits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. The proposed regulations have been designated by the Office of Management and Budget’s (OMB’s) Office of Infor- mation and Regulatory Affairs (OIRA) as subject to review under Executive Order 12866 pursuant to the Memorandum of Agreement (MOA, July 4, 2025) between the Treasury Department and the OMB regarding review of tax regulations. OIRA has determined that the proposed rulemak- ing is significant and subject to review under Executive Order 12866 and section 1(b) of the Memorandum of Agreement. Accordingly, the proposed regulations have been reviewed by OMB. A. Need for Regulation Section 9008 of the Patient Protection and Affordable Care Act, Public Law 111- 148, 124 Stat. 119 (2010), as amended by section 1404 of the Health Care and Edu- cation Reconciliation Act of 2010, Pub- lic Law 111-152, 124 Stat. 1029 (2010) (ACA) imposes an annual fee on covered entities engaged in the business of man- ufacturing or importing branded prescrip- tion drugs. The amount of the annual fee is set by statute. For calendar years 2019 and thereafter, the amount of the annual fee is $2.8 billion. See section 9008(b)(4). Each covered entity’s share of the annual fee is calculated by determining the ratio of the covered entity’s branded prescrip- tion drug sales taken into account during the preceding calendar year to the aggre- gate branded prescription drug sales of all covered entities taken into account during the same year. Under section 9008(e)(1), branded prescription drug sales are sales of branded prescription drugs to any spec- ified government program or pursuant to coverage under such program. Section 9008(g) requires the Secretary of Health and Human Services (Secretary of HHS), the Secretary of Veterans Affairs, and the Secretary of Defense to report to the Sec- retary the total branded prescription drug sales for each covered entity with respect to each specified government program. Existing regulations in 26 CFR part 51 specify the method by which each covered entity’s share of the annual fee is calcu- lated. Section 51.4(b)(1) specifies the method by which the Centers for Medicare January 26, 2026 450 Bulletin No. 2026–5 & Medicaid Services of the Department of Health and Human Services (CMS) is required to determine branded prescrip- tion drug sales under Medicare Part D. Two subsequent statutes altered inputs that CMS uses to determine Medicare Part D sales for this purpose. First, the Bipartisan Budget Act of 2018 (BBA), Public Law 115-123, 132, Stat. 64 (February 9, 2018), increased the Coverage Gap Discount Pro- gram manufacturer discount rate from 50 percent to 70 percent for plan years after 2018. Second, the Inflation Reduction Act of 2022 (IRA), Public Law 117-169, 136 Stat. 1818 (August 16, 2022), sunsets the Coverage Gap Discount Program effective January 1, 2025, and establishes the Man- ufacturer Discount Program. The proposed regulations update exist- ing regulations so that they are consistent with the statute and with how the cov- ered entities have been calculating their share of the annual fee since enactment of the BBA and the IRA. The proposed regulations reflect the BBA’s increase to a 70-percent manufacturer discount (as applicable) and add the IRA’s Manufac- turer Discount Program discounts to the list of reductions CMS uses when com- puting branded prescription drug sales under Medicare Part D. Because fees are calculated using sales from prior years, Coverage Gap Discount Program dis- counts provided through December 31, 2024, may still enter fee computations for several sales years. Beginning in the 2027 fee year, no Coverage Gap Discount Pro- gram discounts are expected to be taken into account. The updates are necessary to align the regulations with statutory changes so that CMS-reported Medicare Part D sales accurately incorporate the discount programs in effect for the rele- vant sales years. B. The Statute and the Proposed Regulations The proposed regulations update the existing regulations regarding the dis- counts, rebates, and other price conces- sions that CMS uses to determine branded prescription drug sales, to reflect changes made by the BBA and IRA and to reflect how covered entities are currently calcu- lating their share of the fee. The proposed regulations add the Manufacturer Discount Program, which was established by the IRA, to the list of reductions that CMS uses to calculate branded prescription drug sales. The proposed regulations also update the percentage discount amount used for the Coverage Gap Discount Program to reflect the statutory change made by the BBA for plan years after plan year 2018. C. Baseline The Treasury Department and the IRS have assessed the benefits and costs of the proposed regulations relative to a no-ac- tion baseline reflecting anticipated Fed- eral income tax-related behavior in the absence of these proposed regulations. D. Affected Entities and Taxpayers The Branded Prescription Drug Fee affects manufacturers and importers of branded prescription drugs with sales to specified government programs (Medi- care Part D, Medicare Part B, Medicaid, Department of Veterans Affairs programs that procure branded prescription drugs, Department of Defense programs that procure branded prescription drugs, and TRICARE). Based on records from tax year 2024, the Treasury Department and the IRS estimate the fee impacts roughly 300 affected entities. The proposed regu- lations apply to how other Federal agen- cies compile and transmit data, not to new reporting requirements for these affected entities. E. Economic Effects of the Proposed Regulations The primary effect of the proposed regulations would be improved adminis- trative alignment and clarity. Under the baseline, existing regulations would con- tinue to reference only the Coverage Gap Discount Program and a 50-percent dis- count, which would not reflect post-2018 discount levels or the post-2024 Medicare Part D discount program. That mismatch would increase uncertainty about how agency data should be compiled after changes made by the IRA and BBA. The proposal clarifies which Medicare Part D discounts reduce branded prescription drug sales for fee computations—ensuring the regulations mirror the BBA and IRA changes. Because the rule clarifies infor- mation-collection procedures that already occur at other Federal agencies, Treasury and IRS expect minimal impact on affected entity compliance costs since the covered entities are calculating fees according to the statute. Affected entities are expected to benefit from clearer rules that reduce policy uncertainty and the risk of dis- putes about discount treatment, but, in aggregate, Treasury and IRS expect these benefits to be small. The regulations will also improve administrative efficiency for CMS and the IRS through consistent data definitions across years. Minor one-time administrative costs incurred by CMS to reflect the updated Manufacturer Discount Program are already part of CMS’s pro- gram implementation under the IRA and are not imposed by this regulation. F. Alternatives Considered The Treasury Department and the IRS considered the alternative option of tak- ing no action to update the existing reg- ulations in 26 CFR part 51 to reflect the changes made by the IRA and BBA. This alternative would leave uncertainty as to how CMS data will be reported to the IRS for purposes of calculating each covered entity’s share of the Branded Prescrip- tion Drug Fee. Therefore, the approach to issue proposed regulations to update the existing regulations to align with changes made by the IRA and BBA was selected over the alternative option of taking no action. II. Paperwork Reduction Act This rulemaking does not contain a collection of information from the pub- lic, and therefore it is not required to be reviewed and approved by the Office of Management and Budget in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)). An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid con- trol number. III. Regulatory Flexibility Act It is hereby certified that these regula- tions will not have a significant economic Bulletin No. 2026–5 451 January 26, 2026 impact on a substantial number of small entities. These regulations do not affect small entities because they merely clarify procedures that already occur at another Federal agency. Affected entities exclude the first $5 million in sales and exclude 90 percent of sales that are over $5 million and not more than $125 million, which minimizes or completely eliminates any additional burden these proposed regula- tions might impose on small businesses. Entities engaged in pharmaceutical man- ufacturing or drug wholesaling with aggregate branded drug sales more than $5 million may benefit from clearer rules, but these impacts are not substantial. Enti- ties with aggregate branded drug sales not more than $5 million will not be impacted. IV. Section 7805(f) of the Code Pursuant to section 7805(f) of the Code, this notice of proposed rulemaking will be submitted to the Chief Counsel for the Office of Advocacy of the Small Busi- ness Administration for comment on its impact on small businesses. V. Unfunded Mandates Reform Act Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) requires that agencies assess anticipated costs and ben- efits and take certain other actions before issuing a final rule that includes any Fed- eral mandate that may result in expendi- tures in any one year by a State, local, or Tribal government, in the aggregate, or by the private sector, of $100 million in 1995 dollars, updated annually for inflation. The final regulations do not include any Federal mandate that may result in expen- ditures by State, local, or Tribal govern- ments, or by the private sector in excess of that threshold. VI. Executive Order 13132: Federalism Executive Order 13132 (Federalism) prohibits an agency from publishing any rule that has federalism implications if the rule either imposes substantial, direct compliance costs on State and local gov- ernments, and is not required by statute, or preempts State law, unless the agency meets the consultation and funding requirements of section 6 of the Execu- tive order. These proposed regulations do not have federalism implications and do not impose substantial direct compliance costs on State and local governments or preempt State law within the meaning of the Executive order. Comments and Requests for a Public Hearing Before the proposed amendments to the regulations are adopted as final reg- ulations, consideration will be given to comments that are submitted timely to the IRS as prescribed in the preamble under the “ADDRESSES” section. The Treasury Department and the IRS request comments on all aspects of the proposed regulations. All commenters are strongly encouraged to submit comments electron- ically. The Treasury Department and the IRS will publish for public availability any comment submitted electronically or on paper to its public docket on https:// www.regulations.gov. A public hearing will be scheduled if requested in writing by any person who timely submits electronic or written com- ments. Requests for a public hearing are encouraged to be made electronically. If a public hearing is scheduled, a notice of the date and time for the public hearing will be published in the Federal Register. Announcement 2023-16, 2023-20 I.R.B. 854 (May 15, 2023), provides that pub- lic hearings will be conducted in person, although the IRS will continue to provide a telephonic option for individuals who wish to attend or testify at a hearing by telephone. Any telephonic hearing will be made accessible to people with disabili- ties. Statement of Availability of IRS Documents Announcement 2023-16 is published in the Internal Revenue Bulletin and is available from the Superintendent of Doc- uments, U.S. Government Publishing Office, Washington, DC 20402, or by vis- iting the IRS website at http://www.irs.gov. Drafting Information The principal author of these regu- lations is Julia Barlow of the Office of the Associate Chief Counsel (Energy, Credit, and Excise Tax). However, other personnel from the Treasury Department and the IRS participated in its develop- ment. List of Subjects in 26 CFR Part 51 Drugs, Reporting and recordkeeping requirements. Proposed Amendment to the Regulations Accordingly, the Treasury Department and the IRS propose to amend 26 CFR part 51 as follows: PART 51— BRANDED PRESCRIPTION DRUG FEE Paragraph 1. The authority citation for part 51 is amended by revising the general authority to read as follows: Authority: 26 U.S.C. 7805(a); sec. 9008(i), Pub. L. 111-148, 124 Stat. 119. * * * * * Par. 2. Section 51.4 is amended by: 1. Removing the word “and” at the end of paragraph (b)(2)(i)(A); 2. Removing the period at the end of paragraph (b)(2)(i)(B); 3. Adding the language “; and” at the end of paragraph (b)(2)(i)(B); 4. Adding paragraph (b)(2)(i)(C); 5. In paragraph (b)(2)(iv), by remov- ing the word “manufactured-paid” and adding the word “manufacturer-paid” in its place, and adding the language “or 70– percent (as applicable)” after the language “50-percent”; and 6. Adding paragraph (b)(2)(v). The additions read as follows: §51.4 Information provided by the agencies. * * * * * (b) * * * (2) * * * (i) * * * (C) Any manufacturer discount pro- gram discount (within the meaning of paragraph (b)(2)(v) of this section). * * * * * (v) Manufacturer discount program discount. For purposes of paragraph (b) January 26, 2026 452 Bulletin No. 2026–5 (2)(i)(C) of this section, the term manu- facturer discount program discount means a manufacturer-paid discount on certain drugs under the Manufacturer Discount Program described in section 1860D-14C of the Social Security Act. * * * * * Par. 3. Section 51.11 is amended by revising the section heading and adding paragraph (c) to read as follows: §51.11 Applicability dates. * * * * * (c) Section 51.4(b)(2)(i)(C) and (b) (2)(v) apply for fees calculated based on sales years beginning on and after January 1, 2025. Frank J. Bisignano, Chief Executive Officer. (Filed by the Office of the Federal Register Decem- ber 31, 2025, 8:45 a.m., and published in the issue of the Federal Register for January 2, 2026, 91 FR 93) Notice of Proposed Rulemaking Backup Withholding on Third Party Network Transactions REG-112829-25 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemak- ing. SUMMARY: This document contains proposed amendments to the regulations governing backup withholding. The pro- posed regulations reflect recent changes to the statutory law. These changes will affect third party settlement organizations who make payments in settlement of third party network transactions. DATES: Electronic or written comments and requests for a public hearing must be received by March 10, 2026. ADDRESSES: Commenters are strongly encouraged to submit public comments electronically. Submit electronic submis- sions via the Federal eRulemaking Portal at https://www.regulations.gov (indicate IRS and REG-112829-25) by following the online instructions for submitting com- ments. Requests for a public hearing must be submitted as prescribed in the “Com- ments and Requests for a Public Hearing” section. Once submitted to the Federal eRulemaking Portal, comments cannot be edited or withdrawn. The Department of the Treasury (Treasury Department) and the IRS will publish for public availabil- ity any comment submitted to the IRS’s public docket. Send paper submissions to: CC:PA:01:PR (REG-112829-25), Room 5503, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044. FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, Casey Conrad at (202) 317- 6844 (not toll-free number); concerning submission of comments or requests for a hearing, the Publications and Regulations Section at (202) 317-6901 (not toll-free number) or by email at publichearings@ irs.gov (preferred). SUPPLEMENTARY INFORMATION: Authority This document contains proposed amendments to the Employment Taxes and Collection of Income Tax at the Source Regulations (26 CFR Part 31) under section 3406 of the Internal Reve- nue Code (Code). The proposed regula- tions are issued under the authority con- ferred by section 3406(i), which provides the Secretary of the Treasury or the Secre- tary’s delegate (Secretary) with authority to “prescribe such regulations as may be necessary or appropriate to carry out the purposes of [section 3406].” The proposed regulations are also issued pursuant to section 7805(a) of the Code, which authorizes the Secretary to “prescribe all needful rules and regula- tions for the enforcement of [the Code], including all rules and regulations as may be necessary by reason of any alteration of law in relation to internal revenue.” Background This document contains proposed amendments to regulations impacted by amendments to sections 6050W and 3406 of the Code made by section 70432 of Public Law 119-21, 139 Stat. 72 (July 4, 2025), commonly known as the One, Big, Beautiful Bill Act (OBBBA). I. Section 6050W Section 6050W requires payment settle- ment entities, including merchant acquir- ing entities and third party settlement organizations (TPSOs), to report certain payments made to participating payees for reportable payment transactions. Section 6050W(b) requires TPSOs to file informa- tion returns reporting the gross amounts of reportable payments made in settlement of third party network transactions. As orig- inally enacted by the Housing Assistance Tax Act of 2008, Public Law 110-289, 122 Stat. 2908 (July 30, 2008), section 6050W required TPSOs to file information returns if payments to a payee exceeded $20,000 and 200 transactions in a calendar year. In 2021, the American Rescue Plan Act of 2021 (ARPA), Public Law 117-2, 135 Stat. 4 (March 11, 2021), amended section 6050W(e) to lower the TPSO reporting threshold, requiring reporting by TPSOs when payments to a payee exceeded $600 in a calendar year, without regard to the number of transactions. OBBBA sec- tion 70432(a) retroactively reverted the reporting threshold to the pre-ARPA level, requiring reporting by a TPSO when pay- ments to a payee exceed $20,000 and 200 transactions in a calendar year. OBBBA section 70432(a)(2) provides that this change “shall take effect as if included in section 9674 of the American Rescue Plan Act.” These payments are reported on a Form 1099-K, Payment Card and Third Party Network Transactions. II. Section 3406 Section 3406(a) requires backup with- holding for reportable payments where certain conditions are met. Pursuant to section 3406(b)(3)(F), a reportable pay- ment includes payments required to be shown on a return required under section 6050W. Generally, under section 3406(b) Bulletin No. 2026–5 453 January 26, 2026 (4), whether a payment is reportable is determined without regard to the mini- mum amount that must be paid before a return is required. OBBBA section 70432(b)(1) amended section 3406(b) by adding a new para- graph (8) that applies to calendar years beginning after December 31, 2024. Section 3406(b)(8)(A) provides that any payment in settlement of a third party network transaction required to be shown on a return required under section 6050W that is made during any calendar year is treated as a reportable payment only if (1) the aggregate number of transactions with respect to the participating payee during such calendar year exceeds the number of transactions specified in section 6050W(e) (2), and (2) the aggregate dollar amount of transactions with respect to the partic- ipating payee during such calendar year exceeds the dollar amount specified in section 6050W(e)(1) at the time of such payment. Section 3406(b)(8)(B) provides that section 3406(b)(8)(A) does not apply with respect to payments to any participating payee during any calendar year if one or more payments in settlement of third party network transactions made by the payor to the participating payee during the preceding calendar year were reportable payments. Explanation of Provisions Because the existing regulations under section 6050W already reflect the report- ing threshold as codified in the OBBBA, the proposed regulations would not alter the existing text of the regulations under section 6050W. The proposed regulations would update the regulations under section 3406 to reflect the statutory changes made to section 3406(b) by the OBBBA. The proposed regulations would clarify that in the case of payments made in settle- ment of third party network transactions, the amount subject to withholding under section 3406 is determined with regard to the exception for de minimis payments by TPSOs in section 6050W(e) and the associated regulations. Thus, under the proposed regulations, a payment would be treated as a reportable payment under §31.3406(b)(3)-5(a) only if (1) the aggre- gate number of transactions with respect to the participating payee during the cal- endar year exceeds the number of trans- actions specified in section 6050W(e)(2) (currently 200); and (2) the aggregate dollar amount of the current transaction and all previous transactions to the par- ticipating payee during the calendar year exceeds the dollar amount specified in section 6050W(e)(1) at the time of such payment (currently $20,000). The proposed regulations would also clarify that the amount subject to with- holding is the entire amount of the trans- action that causes either the total number of transactions to exceed the number of transactions specified in section 6050W(e) (2), or the entire amount of the transaction that causes the total dollar amount paid to the payee to exceed the dollar amount specified in section 6050W(e)(1) at the time of such payment, whichever occurs later, and the amount of any subsequent transactions made to the payee during the calendar year. Finally, the proposed regulations would clarify that the exception in pro- posed §31.3406(b)(3)-5(b)(2) would not apply with respect to payments to any par- ticipating payee during any calendar year if one or more payments in settlement of third party network transactions made by the payor to the participating payee during the preceding calendar year were report- able payments. Proposed Applicability Date These regulations are proposed to apply with respect to payments made in calendar years beginning after December 31, 2024. Effect on Other Documents Notice 2023-10, 2023-3 I.R.B. 403, Notice 2023-74, 2023-51 I.R.B. 1484, and Notice 2024-85, 2024-51 I.R.B. 1349 are inconsistent with the statutory revisions and are obsoleted as of January 9, 2026. Special Analyses I. Regulatory Planning and Review These proposed regulations are not subject to review under section 6(b) of Executive Order 12866 pursuant to the Memorandum of Agreement (July 4, 2025) between the Treasury Department and the Office of Management and Bud- get (OMB) regarding review of tax reg- ulations. Therefore, a regulatory impact assessment is not required. II. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) (PRA) generally requires that a Federal agency obtain the approval of the OMB before collecting information from the public, whether that collection of information is mandatory, voluntary, or required to obtain or retain a benefit. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by the OMB. The collection of information in these proposed regulations relates to record- keeping and information reporting with respect to backup withholding in pro- posed §31.3406(b)(3)-5. The collected information will be used by the payor to determine whether payments to the payee exceed a threshold that would require backup withholding and the issu- ance of an information return. The bur- den for these requirements is included with the Form and Instructions for Form 945, Annual Return of Withheld Federal Income Tax. The Form 945 and Instruc- tions for Form 945 are approved under OMB control number 1545-0029 and the associated burden is included in the esti- mates shown in the Instructions for Form 941. The Form 941 and its instructions are in the process of being updated, and any decrease in burden associated with the statutory changes to section 3406 will be reflected in those instructions. III. Regulatory Flexibility Act It is hereby certified that these pro- posed regulations would not have a significant economic impact on a sub- stantial number of small entities pur- suant to the Regulatory Flexibility Act (5 U.S.C. chapter 6). The proposed rule would affect any entity required to file information returns reporting payments of third party network transactions. January 26, 2026 454 Bulletin No. 2026–5 The proposed regulation could affect a substantial number of small entities; however, the economic impact of the proposed regulations is not likely to be significant because the proposed regulations would not impose any new requirements on small entities. Rather, the proposed rules would clarify the threshold at which entities are required to backup withhold for reportable pay- ments where certain conditions are met. Because the threshold to backup with- hold would increase under the proposed rules, the proposed rules would reduce the frequency with which entities must backup withhold. Thus, the economic impact of these proposed regulations is not likely to be significant. Notwithstanding this certification, the Treasury Department and the IRS wel- come comments on the impact of these proposed regulations on small entities. IV. Submission to Small Business Administration Pursuant to section 7805(f), this notice of proposed rulemaking has been submit- ted to the Chief Counsel for the Office of Advocacy of the Small Business Adminis- tration for comment on its impact on small business. V. Unfunded Mandates Reform Act Section 202 of the Unfunded Mandates Reform Act of 1995 requires that agencies assess anticipated costs and benefits and take certain other actions before issuing a final rule that includes any Federal man- date that may result in expenditures in any one year by a State, local, or Tribal gov- ernment, in the aggregate, or by the pri- vate sector, of $100 million in 1995 dol- lars, updated annually for inflation. These proposed regulations do not include any Federal mandate that may result in expen- ditures by State, local, or Tribal govern- ments, or by the private sector, in excess of that threshold. VI. Executive Order 13132: Federalism Executive Order 13132 (Federalism) prohibits an agency from publishing any rule that has federalism implications if the rule either imposes substantial, direct compliance costs on State and local gov- ernments, and is not required by statute, or preempts State law, unless the agency meets the consultation and funding requirements of section 6 of the Execu- tive Order. These proposed regulations do not have federalism implications, do not impose substantial direct compliance costs on State and local governments, and do not preempt State law within the mean- ing of the Executive Order. Comments and Requests for Public Hearing Before these proposed regulations are adopted as final regulations, consideration will be given to any comments that are submitted timely to the Treasury Depart- ment and the IRS as prescribed in this preamble under the ADDRESSES head- ing. The Treasury Department and the IRS request comments on all aspects of the proposed rules. Any electronic and paper comments submitted will be available at https://www.regulations.gov or upon request. Once submitted to the Federal eRulemaking Portal, comments cannot be edited or withdrawn. A public hearing will be scheduled if requested in writing by any person that timely submits written comments. If a public hearing is scheduled, notice of the date, time, and place for the public hearing will be published in the Federal Register. Statement of Availability of IRS Documents IRS Revenue Rulings, Revenue Proce- dures, Notices, and other guidance cited in this document are published in the Inter- nal Revenue Bulletin (or Cumulative Bul- letin) and are available from the Superin- tendent of Documents, U.S. Government Printing Office, Washington, DC 20402, or by visiting the IRS website at https:// www.irs.gov. Drafting Information The principal author of these proposed regulations is the Office of Associate Chief Counsel (Procedure and Administration). However, other personnel from the Trea- sury Department and the IRS participated in their development. List of Subjects in 26 CFR Part 31 Employment taxes, Income taxes, Penalties, Pensions, Railroad retirement, Reporting and recordkeeping, Social security, Unemployment compensation. Proposed Amendments to the Regulations Accordingly, the Treasury Department and the IRS propose to amend 26 CFR part 31 as follows: PART 31—EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE Paragraph 1. The authority citation for part 31 continues to read in part as fol- lows: Authority: 26 U.S.C. 7805. * * * * * Sections 31.3406(a)-1 through 31.3406(i)-1 also issued under 26 U.S.C. 3406(i). * * * * * Par. 2. Section 31.3406(a)-1 is amended by revising paragraphs (a) and (c), and adding paragraph (e) to read as follows: §31.3406(a)-1 Backup withholding requirements on reportable payments. (a) Overview. Under section 3406 of the Internal Revenue Code (Code), a payor must deduct and withhold an amount equal to the product of the fourth lowest rate of tax applicable under section 1(c) of the Code and a reportable payment if a condition for withholding exists. Report- able payments mean interest and dividend payments (as defined in section 3406(b) (2)) and other reportable payments (as defined in section 3406(b)(3)). The condi- tions described in paragraph (b)(1) of this section apply to all reportable payments, including reportable interest and dividend payments. The conditions described in paragraph (b)(2) of this section apply only to reportable interest and dividend pay- ments. * * * * * (c) Exceptions. The requirement to withhold does not apply to certain de minimis payments as described in Bulletin No. 2026–5 455 January 26, 2026 §§31.3406(b)(3)-1(a)(3), 31.3406(b) (3)-5(b)(2), and 31.3406(b)(4)-1 or to payments exempt from withhold- ing under §§31.3406(g)-1 through 31.3406(g)-3. * * * * * (e) Applicability date. The provisions of this section apply with respect to pay- ments made in calendar years beginning after December 31, 2024. Par. 3. Section 31.3406(b)(3)-5 is amended by revising paragraphs (b) and (e) to read as follows: §31.3406(b)(3)-5 Reportable payments of payment card and third party network transactions. * * * * * (b) Amount subject to backup with- holding—(1) In general. The amount described in paragraph (a) of this section that is subject to withholding under sec- tion 3406 is the amount subject to report- ing under section 6050W. (2) Third party network transactions. In the case of payments made in settle- ment of third party network transactions, the amount subject to withholding under section 3406 is determined with regard to the exception for de minimis pay- ments by third party settlement organi- zations in section 6050W(e). A payment is treated as a reportable payment under paragraph (a) of this section only if, during the calendar year, the aggregate number of transactions with respect to the participating payee exceeds the num- ber of transactions specified in section 6050W(e)(2) and the aggregate amount of all reportable payment transactions with respect to such participating payee exceeds the dollar amount specified in section 6050W(e)(1). The amount sub- ject to withholding is the entire amount of the transaction that causes either the total number of transactions to exceed the number of transactions specified in section 6050W(e)(2), or the entire amount of the transaction that causes the total amount paid to the participating payee to exceed the dollar amount spec- ified in section 6050W(e)(1) at the time of such payment, whichever occurs later, and the amount of any subsequent trans- actions made to the participating payee during the calendar year. (3) Exception. Paragraph (b)(2) of this section does not apply with respect to payments to any participating payee during any calendar year if one or more payments in settlement of third party net- work transactions made by the payor to the participating payee during the pre- ceding calendar year were reportable payments. (4) Examples. The provisions of para- graph (b) of this section are illustrated by the following examples: (i) Example 1. Platform A is a third party settle- ment organization (as defined in §1.6050W-1(c)(2) of this chapter) and Y is a participating payee (as defined in §1.6050W-1(a)(5)(i)(B) of this chapter). A complies with all the requirements to solicit a taxpayer identification number (TIN) from Y, but Y does not provide its TIN to A. During calendar year 2026, A makes 201 payments in settlement of third party network transactions that total $20,000.01. A must backup withhold under paragraph (b)(2) of this section on the entire amount of the 201st transaction because that transaction caused Y to exceed the de minimis reporting threshold for calendar year 2026 of 200 transactions and $20,000 in gross payments. (ii) Example 2. The facts are the same as in para- graph (b)(4)(i) of this section (Example 1). During calendar year 2027, A makes 199 payments in set- tlement of third party network transactions that total $18,000.00. A must backup withhold on each pay- ment made to Y in settlement of a third party net- work transaction during 2027 under paragraph (b) (3) of this section because one or more payments in settlement of third party network transactions made by A to Y during the preceding calendar year (2026) were reportable payments. (iii) Example 3. The facts are the same as in para- graph (b)(4)(ii) of this section (Example 2). During calendar year 2028, A makes four payments in set- tlement of third party network transactions that total $2,000.00. A must backup withhold on each payment made in settlement of a third party network trans- action during 2028 under paragraph (b)(3) of this section because one or more payments in settlement of third party network transactions made by A to Y during the preceding calendar year (2027) were reportable payments. (iv) Example 4. The facts are the same as in para- graph (b)(4)(iii) of this section (Example 3). During calendar year 2029, A made no payments in settle- ment of third party network transactions, and during calendar year 2030, A makes 199 payments in set- tlement of third party network transactions that total $18,000.00. A is not required to backup withhold on any payment made in settlement of third party net- work transactions during calendar year 2030 because A did not make any reportable payments to Y during the preceding calendar year (2029), and A did not make payments in settlement of third party network transactions that exceed the de minimis reporting threshold. * * * * * (e) Applicability date. The provisions of this section apply with respect to pay- ments made in calendar years beginning after December 31, 2024. Frank J. Bisignano, Chief Executive Officer. (Filed by the Office of the Federal Register January 08, 2026, 8:45 a.m., and published in the issue of the Federal Register for January 9, 2026, 91 FR 934) Notice of Proposed Rulemaking Car Loan Interest Deduction REG-113515-25 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemaking and notice of public hearing. SUMMARY: This document contains proposed regulations regarding the deduc- tion for certain taxpayers for an amount up to $10,000 of qualified passenger vehicle loan interest. This document also con- tains proposed regulations regarding new information reporting requirements for certain persons who, in a trade or busi- ness, receive from any individual interest aggregating $600 or more for any calendar year on a specified passenger vehicle loan, including applicable penalties for failures to file information returns or furnish payee statements as required. The proposed reg- ulations would affect taxpayers that may deduct qualified passenger vehicle loan interest, and also persons subject to these information reporting requirements. This document also provides notice of a public hearing on these proposed regulations. DATES: Written or electronic comments must be received by February 2, 2026. The public hearing is being held on February 24, 2026, at 10 a.m. ET. Requests to speak and outlines of topics to be discussed at the public hearing must be received by Febru- ary 2, 2026. If no outlines are received by February 2, 2026, the public hearing will be cancelled. Requests to attend the public January 26, 2026 456 Bulletin No. 2026–5 hearing must be received by 5 p.m. ET on February 20, 2026. ADDRESSES: Commenters are strongly encouraged to submit public comments electronically. Submit electronic submis- sions via the Federal eRulemaking Portal at www.regulations.gov (indicate IRS and REG-113515-25) by following the online instructions for submitting comments. Once submitted to the Federal eRulemak- ing Portal, comments cannot be edited or withdrawn. The Department of the Trea- sury (Treasury Department) and the IRS will publish for public availability any comments submitted electronically and comments submitted on paper to its public docket. Send hard copy submissions to: CC:PA:01:PR (REG-113515-25), Room 5503, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044. FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, Riston Escher of the Office of Associate Chief Counsel (Income Tax & Accounting) at (202) 317-7003; concern- ing submissions of comments or the pub- lic hearing, please contact Publications and Regulations Section at (202) 317- 6901 (not toll-free numbers) or by email at publichearings@irs.gov (preferred). SUPPLEMENTARY INFORMATION: Authority This notice of proposed rulemak- ing contains proposed amendments that would add new regulations to the Income Tax Regulations (26 CFR part 1) under sections 163 and 6050AA of the Internal Revenue Code (Code), as amended and enacted, respectively, by section 70203(a) and (c)(1) of Public Law 119-21, 139 Stat. 72, 176-179 (July 4, 2025), commonly known as the One, Big, Beautiful Bill Act (OBBBA), related to the allowance of a Federal income tax deduction under sec- tion 163(a) and (h)(4) for qualified passen- ger vehicle loan interest (QPVLI) and cer- tain information reporting requirements under section 6050AA for persons receiv- ing certain interest on a specified passen- ger vehicle loan (SPVL). This notice of proposed rulemaking also contains pro- posed amendments to the Procedure and Administration Regulations (26 CFR part 301) relating to electronic filing of returns under section 6011 of the Code, and pen- alties under section 6721 of the Code for failures to file information returns and under section 6722 of the Code for fail- ures to furnish payee statements. The proposed regulations are issued under the authority of section 7805(a) of the Code, which authorizes the Secretary of the Treasury or the Secretary’s dele- gate (Secretary) to prescribe all needful rules and regulations for the enforcement of the Code including all rules and regu- lations as may be necessary by reason of any alteration of law in relation to internal revenue. The proposed regulations under section 6050AA are also issued under the authority of section 6050AA(e), which authorizes the Secretary to issue such regulations or other guidance as may be necessary or appropriate to carry out the purposes of section 6050AA, including regulations or other guidance to prevent the duplicate reporting of information under section 6050AA. The proposed reg- ulations under section 6011 are also issued under the authority of section 6011(e), which authorizes the Secretary to pre- scribe regulations that require taxpayers to electronically file returns, including infor- mation returns, if the taxpayer is required to file at least 10 returns of any type during a calendar year. Background Section 70203(a) of the OBBBA amended section 163(h) (relating to the disallowance of any deduction for per- sonal interest) by inserting a new para- graph (4) to provide an exception for QPVLI. Additionally, section 70203(b) of the OBBBA amended section 63(b) of the Code by inserting a new paragraph (7) to allow this deduction for taxpay- ers that do not itemize their deductions. Further, section 70203(c) of the OBBBA added new section 6050AA to the Code to require returns relating to applicable passenger vehicle loan interest received in a trade or business from individuals. The amendments made by section 70203 of the OBBBA apply to indebtedness incurred after December 31, 2024. The new allowance of a deduction for QPVLI under section 163(a) and (h)(4) applies solely to taxable years beginning after December 31, 2024, and before January 1, 2029. New section 6050AA provides that no information return is required under section 6050AA for any period to which new section 163(h)(4) does not apply. I. Section 163 Section 163(a) allows a deduction for all interest paid or accrued within the tax- able year on indebtedness. Section 163(h) generally disallows a deduction for per- sonal interest. Section 163(h)(1) provides that a taxpayer other than a corporation cannot take a deduction for personal inter- est paid or accrued during the taxable year under chapter 1 of the Code. Sec- tion 163(h)(2) defines “personal interest” as any interest deductible under chapter 1 other than (a) interest paid or accrued on indebtedness properly allocable to the conduct of a trade or business (other than the trade or business of performing services as an employee), (b) investment interest, (c) interest taken into account under section 469 of the Code in comput- ing income or loss from a passive activity, (d) qualified residence interest, (e) interest payable under section 6601 of the Code on any unpaid portion of the tax imposed by section 2001 of the Code for the period during which an extension of time for payment of such tax is in effect under sec- tion 6163 of the Code, and (f) any interest allowable as a deduction under section 221 of the Code. As added by the OBBBA, new section 163(h)(4)(A) provides that in the case of taxable years beginning after December 31, 2024, and before January 1, 2029, per- sonal interest does not include QPVLI. As a result, a deduction for QPVLI is allow- able under section 163(a) for taxable years beginning after December 31, 2024, and before January 1, 2029. Section 163(h)(4) (B)(i) provides that “QPVLI” means any interest that is paid or accrued during the taxable year on indebtedness incurred by the taxpayer after December 31, 2024, for the purchase of, and that is secured by a first lien on, an applicable passenger vehicle (APV) for personal use, subject to certain enumerated exceptions in sec- tion 163(h)(4)(B)(ii). Section 163(h)(4) (C) provides limitations on the amount of Bulletin No. 2026–5 457 January 26, 2026 QPVLI that a taxpayer can deduct during a taxable year. Section 163(h)(4)(D) defines an “APV” as a vehicle that satis- fies the requirements of section 163(h)(4) (D)(i) through (vi) but excludes from the definition any vehicle the final assembly of which did not occur within the United States. Section 163(h)(4)(E) provides the definition of “final assembly” and special rules on the treatment of a refinancing and related party indebtedness. II. Section 63(b)(7) Section 63 defines “taxable income” for purposes of subtitle A of the Code (subtitle A). Section 63(a) provides the general rule that, except as provided in section 63(b), for purposes of subtitle A, the term “taxable income” means gross income minus the deductions allowed by chapter 1 (other than the standard deduc- tion). Section 63(b) provides that, in the case of an individual who does not elect to itemize the individual’s deductions for the taxable year, for purposes of subtitle A, the term taxable income means “adjusted gross income” (as defined in section 62 of the Code), minus the deductions enu- merated in section 63(b)(1) through (7). As amended by the OBBBA, new sec- tion 63(b)(7) provides that so much of the deduction allowed by section 163(a) as is attributable to the exception under section 163(h)(4)(A) is subtracted from adjusted gross income in computing tax- able income. III. Section 6050AA New section 6050AA(a) provides that any person engaged in a trade or busi- ness who, in the course of that trade or business, receives from any individual interest aggregating $600 or more for any calendar year on an SPVL, must file an information return reporting the receipt of interest. Section 6050AA(b) provides that the information return filed by the recipient of such interest (interest recipient) must be in the form prescribed by the Secretary and must contain: (A) the name and address of the individual from whom such interest was received, (B) the amount of such interest received for the calendar year, (C) the amount of outstanding principal on the SPVL as of the beginning of such calendar year, (D) the date of origination of that loan, (E) the year, make, model, and vehicle iden- tification number (VIN) of the APV that secures that loan (or any other descrip- tion of that vehicle as the Secretary may prescribe), and (F) any other information as the Secretary may prescribe. Section 6050AA(c) provides that every person required to make an information return under section 6050AA(a) must also furnish to each individual whose name is required to be included in the return a written statement showing the name, address, and phone number of the information contact of the interest recip- ient, and the information required to be included in the information return under section 6050AA(b)(2)(B) through (F). Section 6050AA(e) authorizes the Sec- retary to issue regulations or guidance nec- essary to carry out the purposes of section 6050AA, including regulations or other guidance to prevent duplicate reporting. IV. Section 6011 and Electronic Filing of Information Returns Section 6011(e) authorizes the Sec- retary to prescribe regulations providing standards for determining which returns must be filed on magnetic media or in other machine-readable form. Section 6011(e) (5) authorizes the Secretary to prescribe regulations that require taxpayers to elec- tronically file returns, including informa- tion returns, if the taxpayer is required to file at least 10 returns of any type during a calendar year. V. Penalties Under Sections 6721 and 6722 Section 6721 imposes a penalty for any failure to file an information return on or before the required filing date, and for any failure to include all the information required to be shown on a return or the inclusion of incorrect information. Sec- tion 6722 imposes a penalty for any failure to furnish a payee statement on or before the required furnishing date to the person to whom such statement is required to be furnished and for any failure to include all the information required to be shown on a payee statement or the inclusion of incor- rect information. Section 70203(c)(2)(A) of the OBBBA amended section 6724(d)(1) to add infor- mation reporting requirements under sec- tion 6050AA—regarding returns relating to QPVLI received in a trade or business from individuals—to the definition of “information return.” Section 70203(c)(2) (B) of the OBBBA similarly amended the definition of “payee statement” in section 6724(d)(2). As a result of these amend- ments, penalties under sections 6721 and 6722 may be imposed on interest recipi- ents that fail to file correct information returns and payee statements under sec- tion 6050AA. On October 21, 2025, the IRS released Notice 2025-57, 2025-45 I.R.B. 692, to provide transitional guidance on the infor- mation reporting requirements under sec- tion 6050AA. Notice 2025-57 provides that an interest recipient will be deemed to have satisfied the reporting obliga- tions under section 6050AA for interest on SPVLs received in 2025 if the interest recipient makes a statement available to the individual indicating the total amount of interest received in calendar year 2025 on an SPVL. Explanation of Provisions I. Explanation of Proposed §1.163-16 A. QPVLI generally Section 163(h)(4)(B)(i) provides the general rule that QPVLI means any inter- est that is paid or accrued during the tax- able year on indebtedness incurred by the taxpayer after December 31, 2024, for the purchase of, and that is secured by a first lien on, an APV for personal use. Proposed §1.163-16(c)(1) would provide that interest is QPVLI only if the inter- est is paid or accrued on an SPVL that is secured by a first lien on the purchased APV at the time the taxpayer pays or accrues interest on that SPVL. A lender’s release of a lien typically occurs follow- ing the borrower’s final payment on the related indebtedness. Thus, at the time of the final payment, an SPVL would typ- ically still be secured by a lien on the purchased APV. See parts I.C (Interest paid or accrued), I.E.1 (SPVLs Gener- ally), and I.D (QPVLI exceptions) of this Explanation of Provisions. January 26, 2026 458 Bulletin No. 2026–5 B. Taxpayers that may deduct QPVLI Section 163(h)(4)(B)(i) provides that QPVLI is interest paid or accrued on indebtedness incurred by the taxpayer for the purchase of an APV for personal use. Proposed §1.163-16(a)(2)(i) would provide that only individuals, decedents’ estates, and non-grantor trusts may deduct QPVLI. This is because only those taxpay- ers could be considered to have purchased an APV for personal use as described in part I.H.2 of this Explanation of Provi- sions (Types of Taxpayers that May Satisfy the Personal Use Requirement). Under existing rules (for example, §301.7701-3(b)), an entity may be disre- garded as an entity separate from its owner for Federal tax purposes. Accordingly, for Federal income tax purposes (including for purposes of section 163(h)(4)), activ- ities of a disregarded entity are treated as the activities of the owner. Additionally, a grantor or other person treated as owning any portion of a trust under sections 671 through 679 of the Code (a grantor trust) is treated as the owner of the trust prop- erty for Federal income tax purposes. See Revenue Ruling 85-13 (1985-1 C.B. 184). For example, if a grantor trust acquires an APV and incurs a secured loan for its pur- chase, the grantor trust’s deemed owner is treated as the owner of the APV and the obligor of the loan, and eligibility of the grantor trust’s deemed owner to deduct the interest paid by the grantor trust as QPVLI is determined by disregarding the grantor trust and instead looking to the deemed owner to test whether all of the requirements for deductible QPVLI have been satisfied. In this case, the modified adjusted gross income phaseout (as would be provided in proposed §1.163-16(h) (2)) is determined based upon the modi- fied adjusted gross income of the deemed owner of the grantor trust, rather than the modified adjusted gross income of the grantor trust or any other person. Thus, similar to the deduction for qualified residence interest under section 163(h)(3), the proposed regulations would permit QPVLI to be deducted by an indi- vidual, decedent’s estate, or non-grantor trust, including with respect to a grantor trust or disregarded entity deemed owned by the individual, decedent’s estate, or non-grantor trust. Section 63(b)(7) provides that the deduction for QPVLI is allowed for tax- payers who do not itemize deductions. Proposed §1.163-16(a)(2)(ii) would clar- ify that the deduction for QPVLI may be taken by taxpayers who itemize deduc- tions and taxpayers who take the standard deduction. For taxpayers who itemize deductions, the deduction is available under the general rule of section 63(a). For taxpayers who take the standard deduc- tion, the deduction is available under sec- tion 63(b)(7). C. Interest paid or accrued Proposed §1.163-16(c)(2)(i) would provide that interest on an SPVL accrues on a daily basis over the term of the SPVL, consistent with the accrual of interest on other debt instruments. The amount of QPVLI that is deductible by a taxpayer for the taxable year is determined by the taxpayer’s overall method of accounting for Federal income tax purposes (either the cash receipts and disbursements method or an accrual method) or an appli- cable special method of accounting. For purposes of section 163(h)(4), QPVLI includes all interest payable with respect to the amount financed under an SPVL. Proposed §1.163-16(c)(2)(ii) would pro- vide that a payment on an SPVL is treated first as a payment of interest to the extent interest has accrued and remains unpaid on the SPVL as of the date the payment is due, and second, to the extent of any excess, as a payment of principal. Proposed §1.163- 16(c)(2)(ii) would also make clear that, con- sistent with the foregoing, a simple interest calculation may be used to determine the amount of interest that has accrued and remains unpaid on an SPVL when a pay- ment is made. Under this simple interest calculation, interest accrues daily over the term of the SPVL based on the outstanding principal balance and the Annual Percentage Rate (APR) or stated interest rate provided in the retail installment sales contract or other contract evidencing the SPVL. D. QPVLI exceptions 1. In General As discussed in part I.A of this Expla- nation of Provisions (QPVLI Generally), proposed §1.163-16(c)(1) would provide that interest is QPVLI only if the inter- est is paid or accrued on an SPVL that is secured by a first lien on the purchased APV at the time the taxpayer pays or accrues interest on that SPVL. Consistent with section 163(h)(4)(B) (ii), proposed §1.163-16(c)(4) would provide that QPVLI does not include amounts paid or accrued on: (i) a loan to finance fleet sales; (ii) a loan incurred for the purchase of a commercial vehicle that is not used for personal purposes; (iii) any lease financing; (iv) a loan to finance the purchase of a vehicle with a salvage title; or (v) a loan to finance the purchase of a vehicle intended to be used for scrap or parts. 2. Non-purchase Transactions Proposed §1.163-16(b)(6) would pro- vide that the term “lease financing” means a transaction that is not a purchase of an APV, and under which a taxpayer has usage rights with respect to an APV but is not considered the owner of the APV under State or other applicable law. As stated in part I.F of this Explanation of Provisions (Purchase of the APV), pro- posed §1.163-16(b)(11) would provide that “purchase” means an acquisition that is both (i) an acquisition of a vehicle for Federal income tax purposes and (ii) the acquisition of the title of the vehicle for purposes of State or other applicable law. Accordingly, because under proposed §1.163-16(b)(6) a lease financing does not involve a purchase of an APV, it would not be considered an SPVL, and QPVLI would not include any amounts paid or accrued with respect to a lease financing, including any amounts payable under the lease financing that are attributable to the time value of money. A transaction that is a lease financing under State or other applicable law would not be a purchase within the meaning of section 163(h)(4)(B)(i) and proposed §1.163-16(b)(6) and (11), even if the transaction is properly viewed as a sale for Federal income tax purposes. Conversely, a transaction that is a purchase of an APV under State or other applicable law that is properly viewed as a lease for Federal income tax purposes also would not be a purchase within the meaning of section Bulletin No. 2026–5 459 January 26, 2026 163(h)(4)(B)(i) and proposed §1.163- 16(b)(11). Proposed §1.163-16(c)(6)(i) would provide an example that illustrates the application of proposed §1.163-16(c)(1) and (4) to a non-purchase transaction. 3. Lien on APV Substitutes Proposed §1.163-16(c)(3)(ii) would pro- vide an exception to the proposed general rule in proposed §1.163-16(c)(1) and (c)(3) (i) that interest is QPVLI only if the inter- est is paid or accrued on an SPVL that is secured by a first lien on the purchased APV at the time the taxpayer pays or accrues interest on that SPVL. This proposed exception would permit the substitution of collateral on the SPVL in limited circum- stances. Under this proposed exception, if an SPVL is secured by a first lien on an APV that is replaced with a substitute APV due to an unforeseen intervening event, and the lien is transferred to that substitute APV under the loan documentation terms, the indebtedness will continue to be treated as an SPVL. Unforeseen intervening events would include a defective APV required to be replaced under State or other applicable lemon law or an APV that is required to be replaced due to an insurance product. This proposed exception would be lim- ited to substitute vehicles for which orig- inal use commences with the taxpayer, and that otherwise meet the requirements to be an APV. Furthermore, this proposed exception would be intended to apply in situations in which the existing SPVL con- tinues without change other than the sub- stitution of the collateral for the SPVL, as if the unforeseen intervening event did not occur. If instead the lender in that situation treats the original SPVL as being satisfied and new indebtedness as being issued to the taxpayer for the substitute vehicle, the generally applicable rules would apply for determining if this new indebtedness for the vehicle is an SPVL. Proposed §1.163-16(c)(6)(ii) would provide an example that illustrates the application of proposed §1.163-16(c)(3). 4. Requirement to Report the VIN Consistent with section 163(h)(4)(B) (iii), proposed §1.163-16(c)(5) would pro- vide that interest paid or accrued by a tax- payer during the taxable year on an SPVL is not deductible as QPVLI unless the tax- payer reports the VIN of the purchased APV on the Schedule 1-A (or successor) or other relevant form specified by the Sec- retary. Proposed §1.163-16(b)(16) would provide that “VIN” means the series of Arabic numbers and Roman letters that is assigned to a motor vehicle for identifica- tion purposes under 49 CFR 565.13. E. Specified passenger vehicle loan (SPVL) 1. SPVLs Generally Section 163(h)(4)(B)(i) provides that interest is QPVLI only if it is paid or accrued on indebtedness that is incurred by the taxpayer after December 31, 2024, for the purchase of, and that is secured by a first lien on, an APV for personal use. Because section 163(h)(4)(B)(i) does not use a spe- cific term for this indebtedness, proposed §1.163-16(b)(15) refers to this indebtedness as a “specified passenger vehicle loan” or an “SPVL,” the term used in section 6050AA to reference this indebtedness. Proposed §1.163-16(b)(14) would pro- vide that “secured by a first lien” means a valid and enforceable security interest in an APV under State or other applicable law with priority ahead of all other secu- rity interests, other than tax liens or other similar security interests that may be given higher priority at a later date following the date of purchase and only in limited circumstances. This exception would be intended to clarify that so-called spring- ing liens that result due to the operation of State or other applicable law and that may be given a higher priority at a later date following the date of purchase, such as a tax lien arising due to the non-payment of State property taxes, do not prevent the APV from being secured by a first lien. Section 163(h)(4)(E)(iii) provides that indebtedness between the taxpayer and a related party (within the meaning of sec- tion 267(b) or 707(b)(1) of the Code) is not an SPVL. 2. The SPVL Must Be Incurred for the Purchase of an APV An APV may be sold under loan docu- mentation referred to as a “motor vehicle retail installment sales contract”. A typical motor vehicle retail installment sales con- tract indicates the total amount to be paid as part of the purchase transaction for the APV, which includes the purchase price of the vehicle and other fees and charges for property and services that are part of the purchase transaction. The total amount to be paid for the purchase transaction takes into account the value of any trade-in vehi- cle and any amounts paid by a taxpayer at the time of the purchase transaction for an APV, such as a down payment. In cer- tain cases, amounts representing debt on a vehicle traded in as part of the purchase transaction for the APV in excess of the value of the vehicle (so-called “negative equity”) are rolled into the financing for the purchase of the APV and included in the total amount to be paid as part of the purchase transaction for the APV. The “amount financed” consists of the total amount to be paid as part of the pur- chase transaction for the APV, including any negative equity, reduced by the value of any trade-in vehicle and any down payment. Under the typical terms of the contract, the APR is the cost of the buy- er’s credit as a yearly rate. The finance charge stated in the contract, which is the total dollar amount the credit will cost the buyer, is determined based on the APR, the amount financed, and the period over which the buyer will make payments. Proposed §1.163-16(d)(2)(i) would provide that indebtedness qualifies as an SPVL only to the extent the indebtedness is incurred for the purchase of an APV as well as for any other items or amounts customarily financed in an APV purchase transaction and that directly relate to the purchased APV (for example, vehicle service plans, extended warranties, sales taxes, and vehicle-related fees). For this purpose, whether an item or amount is customarily financed in an APV purchase transaction would be determined on an industry-wide basis, and not by refer- ence to the financing terms of a particular financing entity. Proposed §1.163-16(d)(2)(ii) would provide that to the extent any indebtedness is not described in proposed §1.163-16(d) (2)(i), this indebtedness is not incurred by a taxpayer for the purchase of an APV, even if it is incurred as part of a purchase transaction for an APV, and, therefore, January 26, 2026 460 Bulletin No. 2026–5 this indebtedness is not an SPVL. For example, an amount representing negative equity under an existing loan on a trade-in vehicle is not described in proposed §1.163-16(d)(2)(i) because such negative equity is not an item or amount directly related to the purchased APV. In addition, indebtedness is not incurred by a taxpayer for the purchase of an APV to the extent the indebtedness is incurred to purchase collision and liability insurance or to purchase any property or services not directly related to the purchased APV (for example, a trailer or a boat). Indebted- ness is also not incurred by a taxpayer for the purchase of an APV to the extent the indebtedness relates to cash proceeds that the taxpayer receives from the lender. In general, under proposed §1.163- 16(d)(2)(iii)(A), if a taxpayer incurs indebtedness attributable to more than the purchase of an APV and any items or amounts customarily financed with the purchase of the APV that are directly related to the purchased APV, the portion of the indebtedness attributable to this excess amount (nonqualifying indebted- ness) would not be an SPVL. Accordingly, none of the interest attributable to this por- tion of the indebtedness would be deduct- ible as QPVLI. Proposed §1.163-16(d)(2) (iii)(B) would provide that for purposes of determining the portion of the indebted- ness that constitutes nonqualifying indebt- edness, any down payment or other consid- eration supplied by the taxpayer is applied first against any negative equity and any other amounts that are not incurred for the purchase of the APV or for other items customarily financed in an APV purchase transaction and that directly relate to the purchase of the APV. This proposed rule would reduce the amount of indebted- ness that otherwise would not qualify as an SPVL to the extent of any down pay- ment or other consideration supplied by the taxpayer. For example, if a taxpayer incurred indebtedness totaling $50,000 to purchase an APV, made a down payment of $4,000, and traded in a car with $6,000 of negative equity, and all other amounts incurred by the taxpayer were for the pur- chase of the APV or for other items or amounts customarily financed in an APV purchase transaction that directly relate to the purchased APV, then $48,000 of the indebtedness would qualify as an SPVL and only $2,000 would not qualify as an SPVL. Proposed §1.163-16(d)(6)(i) and (ii) provide examples that would illustrate the application of proposed §1.163-16(d)(2) (i) through (iii). 3. Refinanced SPVLs Section 163(h)(4)(E)(ii) generally pro- vides that a new loan resulting from refi- nancing an SPVL is an SPVL if the new loan is secured by a first lien on the APV with respect to which the refinanced SPVL was incurred, but only to the extent the amount of the new loan does not exceed the amount of the refinanced SPVL. Proposed §1.163-16(d)(4) would pro- vide this rule and clarify that the amount of the new loan that is an SPVL is limited to the outstanding balance of the refinanced SPVL as of the date of the refinancing. Consistent with proposed §1.163-16(d)(5) (i), which would provide that the SPVL would have to be originally incurred by the taxpayer, proposed §1.163-16(d)(4) would provide that, if there is a change in obligor as part of the refinancing, the new loan is not an SPVL with regard to any obligor other than the original obli- gor unless the refinancing is in connection with a change in obligor by reason of the obligor’s death within the meaning of pro- posed §1.163-16(d)(5)(ii). See part I.E.4 of this Explanation of Provisions (SPVL Must Be Incurred by the Taxpayer). Proposed §1.163-16(d)(6)(iii) would provide an example that illustrates the application of proposed §1.163-16(d)(4). 4. The SPVL Must Be Incurred by the Taxpayer Proposed §1.163-16(d)(5) would pro- vide additional guidance on the require- ment in section 163(h)(4)(B)(i) that indebtedness be “incurred by the tax- payer” in order to qualify as an SPVL. Generally, section 163(h)(4) provides an exception to the disallowance of a deduc- tion for personal interest in section 163(h) (1) that applies to certain taxpayers that incur SPVLs. Section 163(h)(4) does not provide that indebtedness owed by a tax- payer other than the taxpayer that origi- nally incurred the indebtedness may qual- ify as an SPVL. Accordingly, proposed §1.163-16(d) (5)(i) would provide a proposed general rule that indebtedness is an SPVL only if that indebtedness was originally incurred by the taxpayer. For example, if individ- ual A incurs an SPVL and subsequently is replaced by individual B as the obligor on the indebtedness, the indebtedness is no longer an SPVL. However, the proposed regulations would contain an exception to this pro- posed general rule for a change in obli- gor by reason of the obligor’s death. In the limited circumstance of the death of the original obligor, this rule would treat the obligor succeeding to the decedent’s interest as stepping into the shoes of the original obligor for purposes of section 163(h)(4). Thus, proposed §1.163-16(d) (5)(ii)(A) would provide that if a change in obligor on an SPVL occurs by reason of the death of the obligor, then the indebted- ness remains an SPVL with respect to the new obligor. Proposed §1.163-16(d)(5)(ii)(B) would provide that a change in obligor by reason of death as described in proposed §1.163- 16(d)(5)(ii) would include a change in obligor (whether through a modification of the existing indebtedness or a refinanc- ing) by reason of the following: the suc- cession to ownership of an APV subject to an SPVL by the deceased obligor’s estate, a surviving joint owner of the APV, or the surviving beneficiary designated by con- tract, a transfer on death provision, or by operation of law; and a distribution of an APV subject to an SPVL by a deceased obligor’s estate to a legatee or heir or by a trust that is made to a trust beneficiary by reason of death. Proposed §1.163-16(d)(5)(ii)(C) would provide that a change in obligor by reason of death as described in proposed §1.163- 16(d)(5)(ii) would not include changes in the obligor resulting from the following: a sale, exchange, or other disposition of an APV by a decedent’s estate or trust, other than certain distributions described in proposed §1.163-16(d)(5)(ii)(B); or any disposition of an APV by an individual who received the APV by reason of death (unless that individual also dies and the change in obligor is described in proposed §1.163-16(d)(5)(ii)(B)). For example, assume D, an individ- ual, incurs indebtedness that qualifies as Bulletin No. 2026–5 461 January 26, 2026 an SPVL. Subsequently, D dies and D’s APV, subject to the SPVL, then belongs to D’s estate. Sometime thereafter, D’s estate distributes the APV, subject to the SPVL, to H, a residuary legatee under D’s will. Subsequently, H gifts the APV, subject to the SPVL, to G, an individual. Under proposed §1.163-16(d)(5)(ii) the indebt- edness remains an SPVL with respect to D, D’s estate, and H, during such time as each person held the APV subject to the indebtedness, because each of these par- ties is the obligor on the indebtedness due to the death of D (an obligor of an SPVL). Accordingly, D, D’s estate, and H each may deduct the amount of interest that each of D, D’s estate, and H, respectively, paid or accrued on the SPVL as QPVLI, subject to the requirements of section 163(h)(4)(C) and proposed §1.163-16(h). For example, it may be the case that D and H cannot deduct the interest because their respective modified adjusted gross incomes exceed the limits imposed by sec- tion 163(h)(4)(C)(ii), but that D’s estate is able to deduct the interest. However, the indebtedness is not an SPVL with respect to G because G did not originally incur the indebtedness or become the obligor on the indebtedness by reason of D’s death. F. Purchase of the APV Section 163(h)(4)(B)(i) requires that the indebtedness incurred by the taxpayer be for the purchase of an APV. Proposed §1.163-16(b)(11) would provide that “purchase” means an acquisition that is both an acquisition of a vehicle for Federal income tax purposes and the acquisition of the title of the vehicle for purposes of State or other applicable law. A purchase results in the taxpayer being listed as the owner on the title or registration of the APV under State or other applicable law, with the lender listed on the title as the first lienholder. The fact that a lender may physically hold this title until the indebt- edness is repaid would not affect whether the transaction is considered a purchase. G. Applicable passenger vehicle (APV) 1. In General Section 163(h)(4)(D) defines APV as meaning any vehicle: (i) the original use of which commences with the taxpayer; (ii) that is manufactured primarily for use on public streets, roads, and highways (not including a vehicle operated exclu- sively on a rail or rails); (iii) that has at least 2 wheels; (iv) that is a car, minivan, van, sport utility vehicle, pickup truck, or motorcycle; (v) that is treated as a motor vehicle for purposes of title II of the Clean Air Act; and (vi) that has a gross vehicle weight rating of less than 14,000 pounds. Section 163(h)(4)(D) also provides that the term APV does not include any vehicle the final assembly of which did not occur within the United States. Proposed §1.163-16(e)(1) would pro- vide that a vehicle is an APV only if it sat- isfies the requirements set forth in section 163(h)(4)(D). Proposed §1.163-16(b)(13) would define car, minivan, van, sport util- ity vehicle, pickup truck, and motorcycle by reference to existing, well-established vehicle classification standards used by the Environmental Protection Agency (EPA), consistent with the reference in section 163(h)(4)(D)(v) to the Clean Air Act that the EPA administers. Proposed §1.163-16(e)(2) and (3), respectively, would provide rules for determining whether original use commences with the taxpayer and final assembly occurred in the United States. 2. Original Use Proposed §1.163-16(e)(2)(i) would provide that original use commences with the first person that takes delivery of a vehicle after the vehicle is sold, reg- istered, or titled. In the case of a dealer, proposed §1.163-16(e)(2)(i) would also provide that original use of a vehicle does not commence with the dealer unless the dealer registers or titles the vehicle to itself (for example, in the case of certain demonstrator vehicles or loaner vehicles). Proposed §1.163-16(e)(2)(i) would rec- ognize that dealers may operate vehicles prior to the sale to retail purchasers in a manner that does not require the vehicle to be registered or titled under State or other applicable law, and that operation of the vehicle in this manner would not result in original use commencing with the dealer. For example, if a dealer uses a vehicle for test drives or as a demonstrator vehicle, and State or other applicable law does not require the dealer to register or title the vehicle, original use of that vehi- cle would not commence with the dealer. In this case, a subsequent retail purchaser of that vehicle could satisfy the original use requirement for the vehicle. On the other hand, dealer operation that requires the vehicle to be registered or titled under State or other applicable law would cause original use to commence with the dealer. For example, if a dealer uses a vehicle as a courtesy car loaned to customers in connection with servicing or the repair of vehicles and State or other applicable law requires the dealer to register or title the vehicle, original use of that vehicle would commence with the dealer. In this case, a subsequent retail purchaser of that vehicle cannot satisfy the original use requirement for the vehicle, and therefore the vehicle would not be an APV when purchased by the retail purchaser. Although a dealer’s requirement to register or title vehicles may vary under State or other applica- ble law, this proposed standard would be straightforward for taxpayers to apply and administrable for the IRS. The proposed approach to original use for retail purchasers recognizes that prior use of a vehicle by the dealer that would prevent the vehicle from being sold as a new vehicle under the associated loan doc- umentation to a retail purchaser generally would suffice to cause the original use to commence with the dealer. Accordingly, under proposed §1.163-16(e)(2)(i), for retail purchasers that incur indebtedness to purchase a vehicle, original use would commence with that purchaser only if the loan documentation treats the vehicle as a new vehicle. Proposed §1.163-16(e)(2)(ii) would provide an exception to the original use requirement. Under this exception, if a retail purchaser returns a vehicle within 30 days after the purchaser took delivery of that vehicle, the original use of that vehicle would not be considered to have commenced with that purchaser. In this case, the original use of that vehicle may commence with a subsequent retail pur- chaser of that vehicle if that subsequent purchaser’s loan documentation treats the vehicle as a new vehicle. The Trea- sury Department and the IRS understand that dealers may have return policies that range from several days up to 30 days, January 26, 2026 462 Bulletin No. 2026–5 and these proposed rules are intended to reflect industry practice. Proposed §1.163-16(e)(2)(iii) would provide examples that illustrate the application of proposed §1.163-16(e)(2) (i) and (ii), including the application of the proposed original use requirement to dealer demonstrator vehicles, a vehi- cle that was previously the subject of a cancelled sale, a vehicle that was previ- ously leased and was purchased by the lessee after the lease was terminated, and a vehicle that was previously returned by a retail purchaser. 3. Final Assembly Section 163(h)(4)(D) provides that an APV does not include any vehicle the final assembly of which did not occur within the United States. The final assembly point is listed on the vehicle information label attached to each vehicle on a deal- er’s premises. Proposed §1.163-16(e) (3) would provide that, to establish that final assembly occurred within the United States, the taxpayer may rely on (1) the vehicle’s plant of manufacture as reported in the VIN under 49 CFR 565; or (2) the final assembly point reported on the label affixed to the vehicle as described in 49 CFR 583.5(a)(3). Taxpayers can deter- mine whether the vehicle’s plant of man- ufacture is located in the United States by following the instructions on the National Highway Traffic Safety Administration (NHTSA) VIN Decoder website: https:// www.nhtsa.gov/vin-decoder. These proposed reliance standards are intended to allow taxpayers to determine whether a vehicle meets the final assem- bly requirement in a straightforward man- ner, such that a taxpayer may more clearly make informed purchase decisions that consider the potential applicability of sec- tion 163(h)(4) at the time of the purchase of a vehicle. H. Personal use of the APV 1. Definition of Personal Use The definition of QPVLI in section 163(h)(4)(B) requires that the indebted- ness is incurred by the taxpayer for the purchase of an APV for personal use, as contrasted with the purchase of a vehicle for use in a trade or business, for invest- ment, or for other non-personal use. Accordingly, proposed §1.163-16(b)(10) would define “personal use” to mean use by an individual other than in any trade or business (except for use in the trade or business of performing services as an employee), or for the production of income. Costs of commuting between an individual’s home and the individ- ual’s main or regular place of work are personal expenses. See Revenue Ruling 99-7 (1999-1 C.B. 361) and §1.262-1(b) (5). 2. Types of Taxpayers That May Satisfy the Personal Use Requirement Inherent in section 163(h)(4)(B)(i) of the Code and the proposed definition of personal use in proposed §1.163-16(b) (10) is that individuals may satisfy the personal use requirement. For example, an individual that incurs indebtedness for the purchase of an APV may satisfy the personal use requirement with the individ- ual’s own use of the car. Ordinary trusts are generally formed for the purpose of protecting or conserv- ing property for one or more beneficiaries, and this property may be property for the personal use of one or more individual beneficiaries. Decedents’ estates are gen- erally formed to hold a deceased owner’s property for one or more legatees or heirs and then distribute that property to one or more legatees or heirs. Less commonly, a decedent’s estate may purchase prop- erty for the personal use of one or more individual legatees or heirs. Thus, some decedents’ estates and non-grantor trusts that incur indebtedness to purchase APVs may qualify to deduct QPVLI. Other non- grantor trusts might never be able to sat- isfy the personal use test (for example, qualified funeral trusts as defined in sec- tion 685(b) of the Code) and thus would not be able to deduct QPVLI. In contrast to decedents’ estates and non-grantor trusts, business entities gen- erally are formed for the purpose of carry- ing on profit-making activities. Business entities cannot satisfy the personal use requirement of section 163(h)(4)(B)(i) and proposed §1.163-16(f)(1) and there- fore would not qualify to deduct QPVLI under proposed §1.163-16(a)(2). 3. Determination of Personal Use Based on Intent at the Time Indebtedness Is Incurred Many taxpayers purchase a vehicle and expect to use it partially for personal use and partially for non-personal use. Sec- tion 163(h)(4)(B) does not require that a vehicle be purchased exclusively for per- sonal use. Taxpayers may not be able to estimate with precision the relative pro- portions of these different types of uses at the time of purchase, and requiring tax- payers to make a determination regarding the exact amount of expected personal use and non-personal use is not administrable and may result in a considerable burden to taxpayers. Additionally, section 163(h) (4) does not require that the person incur- ring indebtedness for the purchase of the vehicle be the same person that satisfies the personal use requirement. One mem- ber of a family may purchase a vehicle for personal use by another member of the family, and such purchase would satisfy the personal use requirement of section 163(h)(4). Proposed §1.163-16(f)(1) would pro- vide that a taxpayer is considered to pur- chase that APV for personal use if, at the time the indebtedness is incurred, the tax- payer expects that the APV will be used for personal use by the taxpayer that incurred the indebtedness, or by certain members of that taxpayer’s family and household, for more than 50 percent of the time. The proposed 50 percent threshold is intended to correspond to a vehicle being predom- inantly used for “personal use” within the meaning of section 163(h)(4)(B)(i) while still allowing taxpayers with consider- able non-personal use to benefit from the deduction. The Treasury Department and the IRS understand that automotive retail installment sales contracts often indicate whether the purchased vehicle is for per- sonal use or business use. Therefore, at the time a vehicle loan is incurred, the taxpayer financing the vehicle may have contemplated the intended use of a vehicle in a way that would facilitate evaluating this 50 percent personal use standard. In evaluating whether a taxpayer meets this personal use standard, it is intended that the IRS may consider information relating to the expected usage of the vehicle, such as information contained in the loan doc- Bulletin No. 2026–5 463 January 26, 2026 umentation and the type of collision and liability insurance held with respect to a vehicle. Section 163(h)(4)(B)(i) of the Code could be read to require the personal use standard to be met only by reference to use by the taxpayer that incurred indebt- edness to purchase the APV. However, the House Budget Report for Public Law 119-21 states that section 163(h) (4) was intended to “ease the financial burden of car ownership for working and growing families” (H.R. Rep. No. 119- 106, at 1510 (2025)). As a result, such a narrow standard would appear contrary to Congressional intent in enacting sec- tion 163(h)(4) and contrary to common practices of the purchase and use of vehi- cles by families. Accordingly, proposed §1.163-16(f)(1) would adopt a broader standard to allow usage by the taxpayer that incurred the indebtedness, that tax- payer’s spouse, or an individual that is related to the taxpayer within the mean- ing of section 152(c)(2) or (d)(2) of the Code, or any combination of these indi- viduals to qualify. Additionally, proposed §1.163-16(f)(2) would provide that, for purposes of deter- mining whether a decedent’s estate or non- grantor trust expects that an APV will be used for personal use, the determination is based on the expected personal use of the vehicle by the legatees or heirs, or bene- ficiaries, respectively, who have a pres- ent or future interest in such decedent’s estate or non-grantor trust; the spouse of such legatees, heirs, or beneficiaries; or an individual that is related to such legatees, heirs, or beneficiaries within the meaning of section 152(c)(2) or (d)(2), or a combi- nation of these individuals. The personal use requirement in section 163(h)(4) is a requirement that must be satisfied in connection with the incurrence of indebtedness, as opposed to an ongo- ing requirement. As a result, a taxpayer is not required to reevaluate personal and non-personal use in taxable years after the indebtedness is incurred. Differences between expected use and later actual use do not affect the taxpayer’s eligibility to deduct QPVLI, nor the amount of the tax- payer’s QPVLI. The taxpayer must eval- uate and determine that the personal use requirement is met at the time the indebt- edness is incurred. Under proposed §1.163-16(f)(1), an individual, decedent’s estate, or non- grantor trust that receives an APV subject to an SPVL by reason of an obligor’s death would not be required to evaluate whether it satisfies the personal use requirement; instead, the indebtedness would be an SPVL if it was an SPVL in the hands of the decedent (meaning, among other things, that the decedent satisfied the per- sonal use requirement). See part I.I of this Explanation of Provisions (Non-personal use and inde- pendently deductible interest) that dis- cusses certain proposed rules relating to vehicles used for non-personal use and independently deductible interest. Proposed §1.163-16(f)(3) would pro- vide examples that illustrate the applica- tion of proposed §1.163-16(f). I. Non-personal use and independently deductible interest Under section 163(a), taxpayers may deduct interest that is QPVLI as a dif- ferent type of interest in certain circum- stances. For example, taxpayers paying interest attributable to a vehicle used in a trade or business may be able to deduct that interest as a business interest expense. The Treasury Department and the IRS understand that some taxpayers may prefer to deduct QPVLI as a dif- ferent type of interest. Further, section 163(h)(4) does not affect the ability of a taxpayer to deduct interest that is other- wise able to be deducted under section 163(a) or a different section of the Code. Accordingly, the proposed regulations would provide certain rules with respect to interest that is both QPVLI and inter- est otherwise deductible under section 163(a) or a different section of the Code. These proposed rules are intended to provide clarity for taxpayers and to pre- vent taxpayers from claiming duplicative interest deductions. Proposed §1.163-16(g)(1) would pro- vide that independently deductible inter- est means interest paid or accrued that is QPVLI (prior to the application of the dollar limitation in section 163(h)(4)(C) (i) of the Code and in proposed §1.163- 16(h)(1) and determined without regard to proposed §1.163-16(g)) and that also is deductible as a different type of interest under section 163(a) or a different section of the Code. Proposed §1.163-16(g)(2) would pro- vide that all independently deductible interest may be deductible as QPVLI or may be deductible as a different type of interest described in proposed §1.163- 16(g)(1) (non-QPVLI). In addition, proposed §1.163-16(g)(2) would pro- vide that the amount of independently deductible interest that may be deduct- ible as QPVLI (before the application of the $10,000 limitation in section 163(h) (4)(C)(i)) is reduced dollar for dollar to the extent the taxpayer deducts that interest as non-QPVLI. These proposed provisions are intended to make clear that taxpayers may take any available interest deductions permitted under sec- tion 163(a) or a different section, while clarifying that a taxpayer may not deduct more total interest than otherwise is allowable. To ensure no amount of inter- est is deducted both as QPVLI and as some other type of deductible interest, proposed §1.163-16(g)(3) would provide that a taxpayer must report any amount of independently deductible interest that is deducted in a taxable year as non-QPVLI on Form 1040 Schedule 1-A (or succes- sor) or other relevant form. Non-interest vehicle expenses deducted by a taxpayer would not affect the taxpayer’s treatment of independently deductible interest or require any addi- tional reporting. For example, non-interest vehicle expenses deducted by a taxpayer under section 162(a) as trade or busi- ness expenses have no effect on interest deducted as QPVLI for that taxable year. These amounts would not be subject to any of the proposed provisions relating to independently deductible interest. Proposed §1.163-16(g)(4) would pro- vide examples that illustrate the applica- tion of proposed §1.163-16(g), including examples in which a taxpayer chooses to deduct independently deductible interest as QPVLI, and alternatively in which the taxpayer chooses to deduct inde- pendently deductible interest as non- QPVLI. J. Limitations of QPVLI Section 163(h)(4)(C)(i) provides that the deduction allowed for QPVLI by January 26, 2026 464 Bulletin No. 2026–5 a taxpayer for any taxable year cannot exceed $10,000. Section 163(h)(4)(C)(i) does not provide a different amount for joint filers (in contrast to section 163(h) (4)(C)(ii), discussed in the immediately following paragraph). Accordingly, pro- posed §1.163-16(h)(1) would clarify that this $10,000 limitation applies per Federal tax return. Thus, the maximum deduction allowed on a joint Federal income tax return is $10,000. If two taxpayers have a Federal income tax return filing status of married filing separately, the $10,000 limitation would apply separately to each taxpayer’s return. Section 163(h)(4)(C)(ii) provides that the amount otherwise allowable as a deduction under section 163(a) as QPVLI (after the application of the sec- tion 163(h)(4)(C)(i) dollar limitation) is reduced (but not below zero) by $200 for each $1,000 (or portion thereof) by which the modified adjusted gross income of the taxpayer for the taxable year exceeds $100,000. In the case of married tax- payers filing a joint Federal income tax return, section 163(h)(4)(C)(ii) provides that this reduction begins after the tax- payer’s modified adjusted gross income exceeds $200,000. With respect to the deduction of QPVLI by a decedent’s estate or non- grantor trust (as would be defined in proposed §1.163-16(b)(9)), the mod- ified adjusted gross income threshold of $100,000 would be applied to the decedent’s estate or non-grantor trust, and not with respect to the beneficiaries of the decedent’s estate or non-grantor trust. In the case of a decedent’s estate or non-grantor trust, proposed §1.163- 16(b)(7)(ii) would provide that the term “modified adjusted gross income” means adjusted gross income (as defined in sec- tion 67(e) of the Code). Proposed §1.163-16(h)(3) would pro- vide examples that illustrate the applica- tion of proposed §1.163-16(h). II. Explanation of Proposed §1.6050AA-1 A. In general The proposed regulations under section 6050AA would provide the operational, administrative, and definitional rules for persons in a trade or business who receive interest on an SPVL to comply with the statutory information reporting require- ments with respect to receipt of interest to which section 163(h)(4) and proposed §1.163-16 would apply. In general, under section 6050AA and proposed §1.6050AA-1(a), if the interest recipient receives from any individual at least $600 of interest on an SPVL for a calendar year, the interest recipient would be required to file an information return with the IRS and furnish a statement to the payor of record on the SPVL. B. Definitions 1. Applicable Passenger Vehicle (APV) Proposed §1.6050AA-1(b)(1) would provide that the term “applicable pas- senger vehicle” or “APV” has the mean- ing provided in section 163(h)(4)(D) and proposed §1.163-16(b)(1). See part I.G of this Explanation of Provisions (Applicable passenger vehicle (APV)). 2. Calendar Year Proposed §1.6050AA-1(b)(2) would provide that the calendar year for which interest is received is the later of the cal- endar year in which the interest is received or the calendar year in which the interest properly accrues. In order to account for certain payments occurring near year end, the proposed regulations would also permit an interest recipient to report in the current calendar year prepaid interest accruing shortly after year-end. Proposed §1.6050AA-1(b)(2)(ii) would permit an interest recipient to report as interest received during the current calendar year prepaid interest properly accruing by the following January 15. An interest recipi- ent that reports as interest received during the current calendar year prepaid interest properly accruing by the following Janu- ary 15 would not report that prepaid inter- est in the following calendar year. These proposed rules are consistent with the rules for reporting mortgage interest under section 6050H. 3. Interest Recipient Proposed §1.6050AA-1(b)(3) would provide that the term “interest recipient” means a person that is engaged in a trade or business, whether or not the trade or business of lending money, and that, in the course of that trade or business, receives interest on an SPVL. The Treasury Department and the IRS understand that, in some situations, a person collects interest on an SPVL on behalf of another (for example, the lender of record). The proposed rules provide that, in that situation, the person that first receives the interest generally would be required to report under proposed §1.6050AA-1(a), and no reporting would be required upon the transfer of the inter- est from the interest recipient to the per- son on whose behalf the interest recipient received the interest. However, an initial recipient would not be required to report interest received on behalf of the person on whose behalf the interest recipient received the interest if the initial recipi- ent does not possess the reporting infor- mation for the borrower and the person on whose behalf the interest recipient received the interest is engaged in a trade or business and would receive the inter- est in the course of its trade or business if it received the interest directly. In this sit- uation, proposed §1.6050AA-1(b)(3)(ii) (A) would require the person on whose behalf the interest recipient received the interest, rather than the initial recipient, to report. 4. Lender of Record Proposed §1.6050AA-1(b)(4) would provide that the term “lender of record” means the person who, at the time the loan is made, is named as the lender on the loan documents and whose right to receive pay- ment from the payor of record is secured by a lien on the payor of record’s APV. The proposed regulations would also provide that an intention by the lender of record to sell or otherwise transfer the loan to a third party subsequent to the close of the transaction would not affect the determi- nation of who is the lender of record. As a result of the interaction between proposed §1.6050AA-1(b)(4) and (a)(2), a lender of record would be required to file an information return with the IRS and fur- nish a statement to the payor of record on the SPVL if they receive at least $600 of interest on an SPVL for a calendar year, Bulletin No. 2026–5 465 January 26, 2026 even if they intend to transfer the loan to a third party. 5. Payor of Record The Treasury Department and the IRS understand that interest recipients main- tain books and records regarding loans but do not necessarily track the identity of the party actually making the payments on a particular loan. The Treasury Department and the IRS also understand that some interest recipients provide SPVLs as well as home mortgage loans and these inter- est recipients have an established practice for determining the payor of record with respect to such mortgage loans. Accord- ingly, the Treasury Department and the IRS are proposing a definition of the term “payor of record” that is similar to the defi- nition of payor of record in §1.6050H-1(b) (3). Proposed §1.6050AA-1(b)(5) would define a payor of record on an SPVL as any person carried on the books and records of the interest recipient as the principal bor- rower on the SPVL. To prevent the dupli- cate reporting of information, if the books and records of the interest recipient do not indicate which borrower is the principal borrower, the proposed regulations would provide the interest recipient must desig- nate a borrower as the principal borrower. As a result of the interaction between pro- posed §1.6050AA-1(b)(5) and (a)(2), only the payor of record would be furnished a written statement on the SPVL under pro- posed §1.6050AA-1(a)(2)(ii). As described in part I.B of this Expla- nation of Provisions (Taxpayers that may deduct QPVLI), proposed §1.163-16(a)(2) (i) would provide that only individuals, decedents’ estates, and non-grantor trusts may deduct interest under section 163(h) (4). Because only these persons would need the information reported under sec- tion 6050AA to complete their income tax returns, proposed §1.6050AA-1(b) (5) would also provide the term “person” means any individual, decedent’s estate, or non-grantor trust. 6. Secretary Proposed §1.6050AA-1(b)(6) would provide that the term “Secretary” has the meaning provided in section 7701(a)(11) of the Code. 7. Specified Passenger Vehicle Loan (SPVL) Section 6050AA(d)(2) provides that the term “specified passenger vehicle loan” means the indebtedness described in sec- tion 163(h)(4)(B) with respect to any APV. Proposed §1.6050AA-1(b)(7) would adopt this definition and would provide that the term “specified passenger vehicle loan” or “SPVL” has the meaning provided in proposed §1.163-16(b)(15). See part I.E of this Explanation of Provisions (Specified passenger vehicle loan (SPVL)). C. Reporting by foreign person The Treasury Department and the IRS are aware that some foreign persons may receive interest on SPVLs. Indi- vidual borrowers may not be aware that the interest recipient is a foreign person. Under proposed §1.6050AA-1(c)(1), an interest recipient that is a foreign person would be required to report with respect to interest received on an SPVL to the extent such interest is received at a loca- tion in the United States. For example, a foreign bank with a branch located in the United States would be required to report with respect to interest received on an SPVL received at their U.S. branch. Under proposed §1.6050AA-1(c)(2), an inter- est recipient that is a foreign person and receives interest at locations outside the United States would be required to report only if the foreign person is a controlled foreign corporation (as defined in section 957(a)) or if 50 percent or more of the foreign person’s gross income was effec- tively connected with the conduct of a trade or business within the United States. This proposed 50-percent figure would be calculated based on the three-year period ending with the close of the taxable year preceding the receipt of interest. These rules are similar to the rules applicable to foreign persons that receive home mort- gage interest in §1.6050H-1(d)(1). D. Reporting with respect to a nonresident alien individual, foreign decedent’s estate, or foreign non-grantor trust Proposed §1.6050AA-1(d)(1) would provide that the reporting requirement of section 6050AA would not apply if the payor of record is a nonresident alien individual, foreign decedent’s estate, or foreign non-grantor trust. Proposed §1.6050AA-1(d)(2) would provide the documentation rules that the interest recipient would be required to follow to determine whether the payor of record is a nonresident alien individual, foreign decedent’s estate, or foreign non-grantor trust. These rules are similar to the rules applicable to nonresident alien individu- als that receive home mortgage interest in §1.6050H-1(d)(2). E. Determining if a loan is an SPVL The Treasury Department and the IRS understand that interest recipients will often not be the person listed on the loan documents as the lender of record but that these interest recipients are instead listed on subsequent loan documents as assign- ees whose right to receive payment from the payor of record is secured by a lien on the payor of record’s APV. Regarding the ability of these assignees to determine whether a loan is an SPVL, the Treasury Department and the IRS understand that these assignees typically receive informa- tion as part of the loan assignment pro- cess that should largely enable them to determine whether reporting is required for the assigned loan. In particular, the Treasury Department and the IRS under- stand these assignees typically receive a copy of the retail installment sales con- tract, which generally includes relevant information, including the VIN, which these interest recipients can use to deter- mine whether the vehicle’s plant of man- ufacture is located in the United States, and information regarding the items and amounts financed in connection with the purchase of the vehicle. Accordingly, the Treasury Department and the IRS expect that assignees will have most of the infor- mation needed based on current business practices. One piece of relevant information that assignees may not have as result of receiv- ing a copy of the retail installment sales contract is whether the personal use require- ment is met. The Treasury Department and the IRS understand that while retail install- ment sales contracts often include some indication of whether a vehicle is purchased January 26, 2026 466 Bulletin No. 2026–5 for personal or business use, this is not true of all such contracts and, for those that include some indication, the information in the contract may not be sufficient for the assignee to determine if the personal use requirement is met. If the information in the contract is sufficient for an assignee of the loan to determine that the personal use requirement is met, then, in the absence of conflicting information, the assignee may rely on that information for purposes of satisfying its information reporting obliga- tions. The assignee may choose to make arrangements to obtain information regard- ing personal use from the obligor, from the lender of record, or by some other means. F. Amount of interest received on an SPVL for the calendar year Section 6050AA(a) provides that the information return relates to interest received on an SPVL. Accordingly, under proposed §1.6050AA-1(e), whether an interest recipient receives $600 or more of interest on an SPVL would be determined on an SPVL-by-SPVL basis. An interest recipient would not be required to report interest of less than $600 received on an SPVL, even if it receives a total of $600 or more of interest on SPVLs from differ- ent vehicles from the same payor of record during a calendar year. The Treasury Department and the IRS are aware that it might be burdensome for interest recipients to determine which SPVLs require reporting under section 6050AA in a given year based on the amount of interest received. To alleviate this burden and because the information may be useful to taxpayers claiming a deduction for QPVLI of less than $600, proposed §1.6050AA-1(a)(3) would per- mit, but not require, an interest recipient to report its receipt of less than $600 of interest on an SPVL for a calendar year. To provide taxpayers with accurate infor- mation to claim the deduction, an interest recipient that chooses to file an informa- tion return under section 6050AA of less than $600 would be subject to the require- ments of proposed §1.6050AA-1. G. Requirement to file information return Section 6050AA(b) provides that the information return filed by the interest recipient must be in the form prescribed by the Secretary and contain certain infor- mation. Accordingly, under proposed §1.6050AA-1(f)(2), the interest recipient would be required to file a form desig- nated by the Secretary that contains: (i) the name, address, and taxpayer identi- fication number of the payor of record; (ii) the name, address, and taxpayer iden- tification number of the interest recipient; (iii) the amount of interest received for the calendar year; (iv) the amount of out- standing principal on the SPVL as of the beginning of such calendar year; (v) the date of origination of such loan; (vi) the year, make, model, and VIN of the APV that secures such loan; (vii) the date the SPVL was acquired; and (viii) any other information required by the form or its instructions. These items generally follow the items prescribed in section 6050AA(f) (2). In addition, because the Treasury Department and the IRS understand SPVLs may be sold or otherwise trans- ferred to a new lender of record, proposed §1.6050AA-1(f)(2)(vii) would require the lender of record to include the date it acquired the loan on the form. H. Requirement to furnish written statement Proposed §1.6050AA-1(g) would require the interest recipient that would be required to file a return under proposed §1.6050AA-1(a) to furnish a statement to the payor of record. For rules regard- ing electronic delivery of these written statements, see Revenue Procedure 2025- 22 (2025-30 IRB 200) (or its successor), republished as Publication 1179, “General Rules and Specifications for Substitute Forms 1096, 1098, 1099, 5498, and Cer- tain Other Information Returns).” For purposes of tax administration, the proposed requirement to furnish written statements would require that those with a reporting obligation must provide state- ments to certain recipients containing the information reported to the IRS and, in some cases, additional information. Under proposed §1.6050AA-1(g), the recipient would be the payor of record, and the writ- ten statement would be required to include the information that was reported on the form designated for this purpose. In addi- tion, the written statement must include a legend that would identify the statement as important tax information that is being furnished to the IRS and would state that penalties may apply if the payor of record overstated a deduction for interest reported on the statement. To minimize the risk of recipients claiming an interest deduction that is limited by section 163(h) (4)(C) or otherwise ineligible, proposed §1.6050AA-1(g)(2)(ii) would also require that the written statement include a legend stating that the payor of record may be unable to deduct the full amount of inter- est reported on the statement. I. Due dates Section 6050AA(a) provides that the information return must be filed at such time as the Secretary may prescribe. Fur- ther, under section 6050AA(c), the written statement must be furnished to the recip- ient on or before January 31 of the year following the calendar year for which the information return was required to be made. Under proposed §1.6050AA-1(f) (3), the interest recipient would be required to file the information return on or before February 28 (March 31 if filed electronically) of the year following the calendar year in which it receives the interest. To ensure the payor of record has the information necessary to prepare the payor’s income tax return, and as directed by section 6050AA(c), proposed §1.6050AA-1(g)(5) would require the interest recipient to furnish to the payor of record the written statement on or before January 31 of the year following the cal- endar year for which it receives the inter- est on the SPVL. III. Explanation of Proposed Amendments to §301.6011-2 Section 6011(e)(5) authorizes the Sec- retary to prescribe regulations that require taxpayers to electronically file returns, including information returns, if the tax- payer is required to file at least 10 returns of any type during a calendar year. On Febru- ary 23, 2023, the Secretary published final regulations implementing this 10-return threshold. TD 9972, 88 FR 11754 (Febru- ary 23, 2023). Section 301.6011-2(b) pre- scribes the information returns that must Bulletin No. 2026–5 467 January 26, 2026 be filed electronically once the ten-return threshold set out in §301.6011-2(c)(1) is met. Consistent with section 6011(e)(5) and the existing regulations, proposed §301.6011-2(b)(1) would add the return required under section 6050AA to the list of returns that must be filed electronically. Recipients of interest on SPVLs must file the information return required by section 6050AA and these regulations electron- ically if they are required to file at least 10 returns that calendar year. Any interest recipients required to file fewer than 10 returns during a calendar year may choose to make the information return reporting the interest electronically. IV. Explanation of Proposed Amendments to §301.6721-1 As amended by the OBBBA, section 6724(d)(1)(B)(xxix) defines an informa- tion return for purposes of the penalty imposed by section 6721 as including a return required by section 6050AA(a). Consistent with section 6724(d)(1)(B) (xxix), proposed §301.6721-1(h)(3) (xxviii) would add returns required by section 6050AA to the list of information returns included in §301.6721-1 (Failure to furnish correct information returns). V. Explanation of Proposed Amendments to §301.6722-1 As amended by the OBBBA, section 6724(d)(2)(MM) defines a payee state- ment for purposes of the penalty imposed by section 6722 as including a statement required by section 6050AA(c). Consis- tent with section 6724(d)(2)(MM), pro- posed §301.6722-1(e)(2)(xxxix) would add returns required by section 6050AA to the list of payee statements included in §301.6722-1 (Failure to furnish correct payee statements). Proposed Applicability Dates The regulations under section 163 are proposed to apply to taxable years in which taxpayers may deduct QPVLI pur- suant to section 163(h)(4). The regulations under section 6050AA are proposed to apply to calendar years in which taxpay- ers may deduct QPVLI pursuant to section 163(h)(4). A taxpayer may rely on the pro- posed regulations under section 163 with respect to indebtedness incurred for the purchase of an APV after December 31, 2024, and on or before the date these reg- ulations are published as final regulations in the Federal Register, provided that the taxpayer follows these proposed regula- tions in their entirety and in a consistent manner. Similarly, interest recipients may rely on the proposed regulations under section 6050AA with respect to indebted- ness incurred for the purchase of an APV after December 31, 2024, and on or before the date these regulations are published as final regulations in the Federal Register, provided that the taxpayer follows these proposed regulations in their entirety and in a consistent manner. Special Analyses I. Regulatory Planning and Review— Economic Analysis Executive Orders 12866 and 13563 direct agencies to assess costs and ben- efits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. The proposed regulations have been designated by the Office of Management and Budget’s (OMB’s) Office of Infor- mation and Regulatory Affairs (OIRA) as subject to review under Executive Order 12866 pursuant to the Memorandum of Agreement (MOA, July 4, 2025) between the Treasury Department and the Office of Management and Budget regarding review of tax regulations. OIRA has deter- mined that the proposed rulemaking is sig- nificant under section 3(f)(1) of Executive Order 12866 and subject to review under Executive Order 12866 and section 1(b) of the MOA. Accordingly, the proposed regulations have been reviewed by OMB. This proposed rule, if finalized, is expected to be an Executive Order 14192 regulatory action. Need for Regulation Section 70203 of Public Law 119-21, 139 Stat. 72 (July 4, 2025), commonly known as the One, Big, Beautiful Bill Act (OBBBA), amends section 163(h) of the Internal Revenue Code 1 to provide a newly allowable income tax deduction for qualified passenger vehicle loan interest (QPVLI). In the absence of regulations, taxpayers would face substantial uncer- tainty about which vehicle loan interest is eligible for the deduction. The OBBBA also establishes section 6050AA of the Code to require interest recipients receiv- ing at least $600 of interest on a specified passenger vehicle loan (SPVL) within a calendar year to file an information return with the Internal Revenue Service (IRS) and furnish a statement to the payor of record. In the absence of guidance, inter- est recipients would face uncertainty about how to comply with the requirements. The proposed regulations would clar- ify the statute for taxpayers and lenders, including by: defining “personal use” and providing a standard for “personal use” of a vehicle; clarifying the requirements for interest to be QPVLI; clarifying the requirements for indebtedness to be a SPVL; defining “indebtedness incurred for the purchase of an applicable passen- ger vehicle” to include the cost of war- ranties, service plans, and other amounts customarily financed in a vehicle purchase transaction and that are directly related to the purchased vehicle; establishing which information must be reported by lenders to comply with the information reporting requirements; clarifying that the deduc- tion is limited to $10,000 per return, regardless of the taxpayer’s filing status; providing rules for determining whether “final assembly” of a vehicle occurred in the United States; and offering further definitions and clarifications of terms in 1 References to a “section” are to a section of the Internal Revenue Code of 1986, as amended (Code), unless otherwise indicated. January 26, 2026 468 Bulletin No. 2026–5 section 163(h)(4) and section 6050AA, such as the vehicle identification number (VIN). I. The Statute and Proposed Regulations Under section 163(h)(1), certain tax- payers cannot deduct personal interest paid or accrued during the taxable year. Section 70203(a) of the OBBBA adds a new section to the Code, section 163(h) (4). Section 163(h)(4)(A) provides that, in the case of taxable years beginning after December 31, 2024, and before January 1, 2029, personal interest does not include QPVLI. This allows taxpay- ers to deduct QPVLI for taxable years beginning after December 31, 2024, and before January 1, 2029. Section 163(h) (4)(B) defines QPVLI as any interest that is paid or accrued during the tax- able year on indebtedness incurred by the taxpayer after December 31, 2024, for the purchase of, and that is secured by a first lien on, an applicable passenger vehicle (APV) for personal use. Section 163(h)(4)(B) also includes exceptions to QPVLI, such as financing for commer- cial vehicles or lease financing, and a requirement for taxpayers to include the VIN of the APV on the tax return in order to claim the deduction. The proposed regulations would pro- vide definitions and clarifications of terms related to QPVLI in section 163(h)(4) and section 6050AA. The proposed regulations would clarify that individuals, decedents’ estates, and non-grantor trusts may deduct QPVLI. The proposed regulations would provide that interest is only QPVLI if the interest is paid or accrued during the tax- able year on indebtedness that is an SPVL secured by a first lien on an APV and is not otherwise excluded from the definition of QPVLI. The proposed regulations would adopt a standard for personal use that would provide that a taxpayer is consid- ered to purchase an APV for personal use if, at the time the indebtedness is incurred, the taxpayer expects that the APV will be used for personal use by the taxpayer that incurred the indebtedness, that taxpayer’s spouse, or an individual that is related to the taxpayer within the meaning of sec- tions 152(c)(2) or (d)(2) of the Code, or any combination of these individuals, for more than 50 percent of the time the tax- payer expects to own the APV. The pro- posed 50 percent threshold is intended to correspond to a vehicle being predomi- nantly used for “personal use” within the meaning of section 163(h)(4)(B)(i) while still allowing taxpayers with consider- able non-personal use to benefit from the deduction. If the taxpayer is a decedent’s estate or non-grantor trust, personal use is tested based on the use by legatees or heirs, or beneficiaries, respectively. Fur- ther, under the proposed regulations, the taxpayer would not be required to reevalu- ate compliance with the personal use stan- dard in taxable years after the indebted- ness is incurred. The proposed regulations also would clarify that taxpayers may not deduct the same interest as both QPVLI and otherwise deductible interest (such as a business interest expense) and that taxpayers must report certain information relating to vehicle interest deducted inde- pendent of QPVLI. Typical auto loan sales contracts indicate an “amount financed” that may include property and services in addition to the amount for the price of the vehicle. The proposed regulations would provide that indebtedness incurred for the pur- chase of an APV as well as for certain items or amounts customarily financed in an APV purchase transaction and that are directly related to the purchased APV is an SPVL and therefore interest paid or accrued on such indebtedness is potentially eligible to be deducted. The regulations describe certain items and services that are considered customarily financed in an APV purchase transac- tion and that are directly related to the purchased APV, such as vehicle service plans, extended warranties, sales taxes, and vehicle-related fees. Indebtedness not incurred for the purchase of an APV nor for any other items or amounts cus- tomarily financed in an APV purchase transaction and that are directly related to the purchased APV, and, therefore, interest paid or accrued on such indebt- edness is not QPVLI. For example, to the extent that a taxpayer incurs indebt- edness to purchase collision and liability insurance or to purchase any property or services unrelated to the vehicle (for example, a trailer or a boat), that indebt- edness is not an SPVL, and, therefore, interest paid or accrued on that indebt- edness is not QPVLI and may not be deducted under section 163(h)(4). Section 163(h)(4)(C) establishes lim- itations on the amount of QPVLI that a taxpayer may deduct. The dollar limit is $10,000 per taxable year. The proposed regulations would clarify that this limit applies regardless of the taxpayer’s filing status for that taxable year. Additionally, under section 163(h)(4)(C), the deduction for QPVLI is reduced (but not below zero) by $200 for each $1,000 (or portion thereof) by which the taxpayer’s modified adjusted gross income (MAGI) exceeds $100,000 ($200,000 in the case of a married couple filing a joint return). Section 163(h)(4)(C) defines “modified adjusted gross income” for the purposes of this phaseout as adjusted gross income of the taxpayer for the tax- able year plus any amount excluded from gross income under sections 911, 931, or 933. The proposed regulations would clar- ify that for estates and non-grantor trusts, the MAGI phaseout is applied to the estate or trust, not with respect to the beneficia- ries of the estate or trust; and for estates and non-grantor trusts, MAGI means AGI as defined in section 67(e). Section 163(h)(4)(D) defines the term “applicable passenger vehicle”. The cri- teria for an APV include that its original use must commence with the taxpayer and that its final assembly must have occurred in the United States. The proposed regula- tions would provide rules for determining whether original use of a vehicle begins with the taxpayer, rules for whether a vehi- cle’s final assembly occurred in the United States, and definitions for other APV-re- lated terms used in the statute. Original use commences with the first person that takes delivery of a vehicle after the vehicle is sold, registered, or titled. For purchasers that are not dealers, original use does not commence with the taxpayer unless the loan documentation treats the vehicle as a new vehicle. For dealers, original use does not commence with the dealer unless the dealer registers or titles the vehicle. The proposed regulations would provide that taxpayers can determine the location of final assembly by (1) the plant of manu- facture as reported in the VIN or (2) the final assembly point reported on the label affixed to the vehicle. Section 163(h)(4)(E) provides other definitions and special rules. These Bulletin No. 2026–5 469 January 26, 2026 include the treatment of refinancing and of indebtedness owed to related parties. The proposed regulations would clarify that for refinanced loans, the amount of the new loan on which interest is considered QPVLI is limited to the outstanding bal- ance of the refinanced loan as of the date of the refinancing. Section 70203(b) of the OBBBA amends section 63(b) of the Code so that the deduction for QPVLI is allowed for taxpayers who do not elect to itemize their deductions. The proposed regula- tions would clarify that the deduction is available to taxpayers who itemize their deductions and to taxpayers who claim the standard deduction. Section 70203(c) of the OBBBA adds a new section 6050AA to the Code that establishes information reporting require- ments for QPVLI. Any person who, in the course of a trade or business, receives from any individual more than $600 in a calendar year on a SPVL must provide an information return to the IRS and fur- nish a statement to the payor of record. The proposed regulations would pro- vide operational definitions and rules for complying with the information report- ing requirements. The regulations clarify the need to report the date the SPVL was acquired; require that the statement to the payor of record includes a legend clari- fying that the taxpayer may be unable to deduct the full amount of interest shown on the statement; and offer guidance on reporting by and to certain foreign per- sons. To prevent duplicate reporting, the proposed regulations also would provide that if an interest recipient’s records for a loan do not indicate which borrower is the principal borrower, the interest recipient must designate a principal borrower. This follows established practice with respect to information reporting requirements for qualified residence interest. II. Baseline The Treasury Department and the IRS have assessed the benefits and costs of the proposed regulations relative to a no-ac- tion baseline reflecting anticipated Fed- eral income tax-related behavior in the absence of these proposed regulations. III. Affected Entities and Taxpayers The proposed regulations would affect individuals, decedents’ estates, and non- grantor trusts that may deduct QPVLI, and also would affect any person engaged in a trade or business, who, in the course of that trade or business, receives interest aggregating $600 or more for any calendar year on an SPVL and is therefore subject to certain information reporting require- ments. As described in the preamble to the proposed regulations, interest recipients receiving less than $600 of interest on an SPVL would have the option to provide information returns. Under section 163(h)(4), the deduction is limited to interest on loans for vehicles with final assembly occurring in the U.S. whose original use commences with the taxpayer. The Treasury Department and the IRS estimate that in 2024, roughly 6 mil- lion loans originated on new, U.S.-assem- bled vehicles. (See Table A.) Retail sales of new light vehicles in the U.S. totaled about 16 million in 2024 2 ; roughly 60 per- cent of new vehicle purchases are financed with loans 3 ; and analysis of vehicle model sales data suggests that about 60 percent of vehicles sold in the U.S. undergo U.S. final assembly. The Treasury Department and the IRS do not have an estimate of the num- ber of estates and non-grantor trusts that are obligors on auto loans. Table A: Estimated Annual Loans on New, U.S.-assembled Vehicles 1. 2024 U.S. new light vehicle sales16 million 2. Share of new vehicle sales financed with loans60 percent 3. Of new vehicles sold, share with U.S. final assembly 60 percent 4. Estimated annual loans on new vehicles with U.S. final assembly Approximately 6 million Notes: Row 4 is the rounded product of rows 1, 2, and 3. Sources: “Light vehicle retail sales in the United States from 1976 to 2024,” Statista, last accessed October 27, 2025, https:// www.statista.com/statistics/199983/us-vehicle-sales-since-1951/; https://www.bts.gov/content/new-and-used-passenger-car- sales-and-leases-thousands-vehicles; “New and used passenger car and light truck sales and leases,” Bureau of T ransportation Statistics, last accessed October 27, 2025, https://www.bts.gov/content/new-and-used-passenger-car-sales-and-leases-thousands- vehicles; “State of the Automotive Finance Market Report: Q2 2025,” Experian, last accessed October 27, 2025, https://www. experian.com/automotive/auto-credit-webinar-form; manufacturer vehicle model sales data. To identify the number of businesses that the proposed regulations are expected to affect, the Treasury Department and the IRS analyzed confidential tax return data. For tax year 2023, approximately 36,000 businesses filed a tax return with North American Industry Classification Sys- tem (NAICS) codes for new car dealers (code 441110), motorcycle dealers (code 441227), car loan lenders (code 522220), and consumer lending (code 522291). (See Table B.) This total does not include used car dealers because the statue and regulations only apply to loans for new vehicles. 2 “Light vehicle retail sales in the United States from 1976 to 2024,” Statista, last accessed October 27, 2025, https://www.statista.com/statistics/199983/us-vehicle-sales-since-1951/; https:// www.bts.gov/content/new-and-used-passenger-car-sales-and-leases-thousands-vehicles; “New and used passenger car and light truck sales and leases,” Bureau of Transportation Statistics, last accessed October 27, 2025, https://www.bts.gov/content/new-and-used-passenger-car-sales-and-leases-thousands-vehicles. The 16 million total transactions (row 1 of Table A) includes leases; the share of new vehicle transactions financed with a loan (row 2 of T able A), used to estimate the number of loans on new, U.S.-assembled vehicles, excludes leases. 3 “State of the Automotive Finance Market Report: Q2 2025,” Experian, last accessed October 27, 2025, https://www.experian.com/automotive/auto-credit-webinar-form; “New and used passenger car and light truck sales and leases,” Bureau of Transportation Statistics, last accessed October 27, 2025, https://www.bts.gov/content/new-and-used-passenger-car-sales-and- leases-thousands-vehicles. January 26, 2026 470 Bulletin No. 2026–5 Table B: Estimated Number of Affected Businesses by NAICS Code New car dealers (441110)17,800 Motorcycle dealers (441227)4,100 Car loan lenders (522220)5,800 Consumer lending (522291)8,100 Total 35,800 Notes: The table shows counts of tax year 2023 filers of forms 1065, 1120S, or 1120. NAICS codes appear in parentheses. Source: Treasury Department analysis of confidential tax return data, October 24, 2025. I V. Economic Effects of the Proposed Regulations The proposed regulations would clar- ify the statute and facilitate taxpayers claiming the auto loan interest deduction. Consider, for example, a taxpayer who is purchasing a vehicle. For most people, a vehicle is a major purchase, and there are many elements to be considered along the way, including choices between a new ver- sus used vehicle, a U.S.-assembled ver- sus foreign-assembled vehicle, and a cash purchase versus a loan or a lease. With the introduction of the deduction for qualified vehicle loan interest, the taxpayer now faces questions about whether and how the statute interacts with the vehicle and financ- ing choices they make. For instance, in the absence of guidance, the taxpayer may not know whether their intended personal use of the vehicle is sufficient to claim the deduction or whether a vehicle meets the standard for U.S.-final assembly. The proposed rules would assist the taxpayer in understanding and claiming the qualified vehicle loan interest deduc- tion. For example, the regulations direct taxpayers to the National Highway Traf- fic Safety Administration (NHTSA) VIN Decoder website to determine whether a vehicle underwent final assembly in the United States, a necessary condition for the vehicle to be eligible for the deduc- tion. By facilitating taxpayers’ under- standing of which vehicles are Ameri- can made and eligible for the deduction under the statute, the proposed regulations would reduce taxpayer compliance burden and, as a result, may also increase con- sumer demand for vehicles and financing that are eligible for the deduction, namely loans for new, U.S.-assembled vehicles. The Treasury Department and the IRS do not have readily available parameters and models to quantify the extent of this increase in demand for U.S. assembled vehicles or debt financing. The follow- ing sections describe in further detail the potential economic impacts of specific elements of the proposed regulations a. Personal Use Standard Section 163(h)(4) limits the deduction to vehicles purchased for personal use. The proposed regulations would provide a standard for personal use. To meet the standard, the taxpayer must expect at the time of purchase that the APV will be used for personal use for more than 50 percent of the time the taxpayer expects to own the APV. An alternative standard of per- sonal use could have required mostly or exclusively personal use of a vehicle for loan interest to be considered QPVLI. The 50 percent personal use stan- dard benefits taxpayers who debt-finance mixed-use vehicles who would be dis- allowed from taking the deduction for QPVLI under stricter, alternative stan- dards. Interest on a vehicle loan that is properly allocable to a trade or business is generally deductible under section 163(h) (2)(A). Consider, for example, a taxpayer who finances the purchase of an APV expecting for 60 percent of use to be for personal use and 40 percent for use in a trade or business. Assume for a given tax year the taxpayer pays $3,500 in interest on the vehicle loan, drives the vehicle 55 percent for personal use and 45 percent for use in a trade or business, and meets all other requirements to deduct QPVLI and interest properly allocable to a trade or business. (Note that 55 percent personal use for this tax year differs somewhat from the taxpayer’s expected 60 percent personal use over the cumulative time the taxpayer expects to own the vehicle.) Under a strict personal use standard for QPVLI, such as exclusive personal use, the taxpayer would be prohibited from deducting any interest as QPVLI, and would only be able to deduct the interest attributable to use in a trade or business ($1,575, equal to 45 percent of the $3,500 of interest paid during the year), provided all of the other requirements for deduct- ing interest properly allocable to a trade or business are met. Under the 50 percent personal use standard, the taxpayer can potentially deduct all $3,500 in interest as QPVLI. Alternatively, the taxpayer would have discretion to deduct $1,575 (45 per- cent of $3,500) as interest properly allo- cable to a trade or business and $1,925 as QPVLI ($3,500 minus $1,575). The 50 percent personal use standard benefits taxpayers with mixed-use vehicles who, under a strict personal use standard, would be able to deduct only interest properly allocable to a trade or business. The Treasury Department and the IRS examined public survey data and confi- dential tax records to assess the prevalence of mixed-use vehicles that may be affected by the personal use standard. Analysis of Panel Study of Income Dynamics (PSID) data suggests that, in 2023, 11 percent of personally owned vehicles were used for mixed personal and business purposes. 4 An alternative and narrower definition of personal use, such as exclusive personal use, would exclude roughly 700,000 loans (11 percent of the estimated 6 million total shown in Table A) from potential eligibility for the QPVLI deduction. (See Table C.) Bulletin No. 2026–5 471 January 26, 2026 Table C: Estimated Annual Loans on New, U.S.-assembled Vehicles for Mixed Personal and Business Use 1. Estimated annual loans on new, U.S.-assembled vehicles6 million 2. Share of personally owned vehicles used for mixed personal and business purposes11 percent 3. Estimated annual loans on new, U.S.-assembled vehicles for mixed personal and business use Approximately 700,000 Notes: Row 3 is the rounded product of rows 1 and 2. Sources: Row 2 is derived from the 2023 Panel Study of Income Dynamics, variable ER82936. Row 1 is derived in T able A, with data sourced from: “Light vehicle retail sales in the United States from 1976 to 2024,” Statista, last accessed October 27, 2025, https://www.statista.com/statistics/199983/us-vehicle-sales-since-1951/; https://www.bts.gov/content/new-and-used-passenger- car-sales-and-leases-thousands-vehicles; “New and used passenger car and light truck sales and leases,” Bureau of Transportation Statistics, last accessed October 27, 2025, https://www.bts.gov/content/new-and-used-passenger-car-sales-and-leases-thousands- vehicles; “State of the Automotive Finance Market Report: Q2 2025,” Experian, last accessed October 27, 2025, https://www. experian.com/automotive/auto-credit-webinar-form; manufacturer vehicle model sales data. Tax records also contain information on mixed personal and business use vehicles. Sole proprietors file Schedule C to record business income and expenses, includ- ing car or truck expenses. On part IV of Schedule C, certain taxpayers are required to enter information on their vehicle, including the date a vehicle was placed in service for business purposes; the number of miles driven for business, commuting, and other purposes; and whether the vehi- cle was available for personal use during off-duty hours. 5 Schedule C data has several limitations for analysis of the personal use standard. First, Schedule C does not distinguish between new versus used cars, U.S.- versus foreign-assembled cars, or cars financed with loans versus cars that are leased or purchased with cash. Because used cars, foreign-assembled cars, and cars that are leased or purchased with cash are not eligible for the QPVLI deduction, totals of mixed-use vehicles from part IV of Schedule C overstate the number of sole proprietors’ vehicles that the personal use standard will affect. Second, the data available for analysis cover predominantly electronically filed returns of Schedule C rather than paper filed returns. Third, the Schedule C data do not include vehicle expenses that taxpayers may deduct on Schedules E and F. Fourth, the Schedule C data indicate when the car was placed into service for business use rather than when the individual first acquired the car. The available Schedule C data nonethe- less provide insight on the prevalence of personal use of sole proprietors’ business vehicles. The Treasury Department and the IRS estimate that in tax year 2023, sole pro- prietors who filed electronically placed 5 million vehicles in service for business purposes. 6 See Table D. About 80 percent of these taxpayers indicated that the vehicle was also available for personal use during off-duty hours. Among filers for whom the vehicle was available for personal use, roughly 40 percent drove the vehicle more than 50 percent of its total mileage for personal use. The typical filer drove the vehicle for majority business use; the median share of total miles driven for busi- ness purposes was about 80 percent. These estimates suggest that a substantial share of taxpayers with vehicles for business use would benefit from the 50 percent personal use standard, relative to a strict alternative standard, such as exclusive personal use. Table D: Statistics on Tax Year 2023 Sole Proprietor Vehicle Use from Schedule C, Part IV 1. Sole proprietors’ vehicles placed in business service in tax year 2023*5 million 2. Of vehicles placed in business service in tax year 2023 (row 1), share reported to be available for personal use 80 percent 3. Of vehicles placed in business service in 2023 and available for personal use, share reported with more than 50 percent of mileage for personal use. 40 percent 4. Of vehicles placed in business service in 2023 and available for personal use, median share of miles driven for business use. 80 percent * This total does not correspond to vehicles eligible for the QPVLI deduction; it includes used, leased, and foreign-assembled vehicles, which are not eligible for the QPVLI deduction. See text for further detail on the Schedule C data and its limitations. Source: Treasury Department analysis of confidential tax return data, October 24, 2025. 4 See variable ER82936 in the 2023 PSID. The survey language is: “Not counting routine use to get to and from work, is this vehicle also used for business purposes?” 5 Taxpayers are required to fill out part IV of Schedule C only if they claim car or truck expenses on Schedule C and are not required to file Form 4562 (Depreciation and Amortization) for the business in question. Taxpayers who have “listed property,” including automobiles, are required to enter information on such automobiles in Section B of Part V of Form 4562. 6 The 5 million total reflects sole proprietorship-vehicle pairs. A sole proprietor who placed the same vehicle in service for multiple businesses in 2023 would appear more than once in this total. Because Schedule C does not include a VIN or other unique vehicle identifier, Treasury and the IRS cannot distinguish these cases—the same vehicle placed in service for multiple businesses—from cases in which a sole proprietor placed multiple vehicles in service for multiple businesses. January 26, 2026 472 Bulletin No. 2026–5 The proposed personal use rules also benefit taxpayers by providing clarity. In the absence of a personal use standard, two taxpayers with otherwise similar tax situa- tions would face uncertainty as to whether this deduction applies to their situation. Without guidance, these taxpayers might make different choices as to whether their auto loan interest qualifies for the deduc- tion, and, therefore, face different tax lia- bility. Consider, for example, two taxpay- ers who each buy an APV expecting for 75 percent of its use to be for personal use and 25 percent for business use (assume they meet all other requirements to claim the deduction). Taxpayer A interprets the section 163(h)(4) personal use require- ment to mean that interest on the loan is not QPVLI, because the vehicle is partly for business use. In contrast, Taxpayer B interprets the personal use requirement to mean that interest on the loan is QPVLI because a majority of the use of the vehicle is personal use. The proposed regulations would ensure that these two taxpayers use the same standard of personal use and are subject to the same tax treatment. The proposed personal use standard, relative to a stricter alternative standard, may change vehicle purchase patterns among taxpayers who use their vehicles for mixed personal and business purposes (vehicles on which loan interest would not be considered QPVLI under a strict personal use standard). For this popula- tion, the 50 percent personal use standard would increase the economic appeal of financing relative to cash purchases and would increase the economic appeal of new, U.S.-assembled vehicles relative to used or foreign-assembled vehicles. The extent of consumption changes along these margins depends on several inter- acting factors, including: the extent to which increased demand for new, U.S.-as- sembled vehicles driven by the deduction affects the prices of these vehicles; substi- tution elasticities between new and used vehicles and between vehicles assembled in the U.S. and assembled abroad 7 ; the salience of the tax deduction at the time of purchase 8 ; and the extent to which tax- payers perceive the deduction as tempo- rary, as prescribed in statute, or likely to be extended by future policymakers. The Treasury Department and the IRS do not have readily available parameters and models to precisely assess the impact. House Budget Committee Report 119-106 expects the deduction to promote domes- tic manufacturing. b. Personal Use Determined Soley by Taxpayer Intent at Time Debt is Incurred The proposed regulations would pro- vide that personal use is determined only once, based on taxpayers’ intent at the time indebtedness is incurred. An alter- native standard could have required tax- payers to evaluate their expected use each year or document personal use each year to continue to qualify for the deduction. A repeated certification requirement would result in considerable compliance burden to taxpayers, particularly among taxpay- ers whose vehicles will be exclusively for personal use. The proposed regulations would benefit taxpayers by simplifying the process of claiming the QPVLI deduc- tion, relative to a requirement for annual certification of sufficient personal use. c. Personal and Business Use Allocation Under the proposed regulations, if a taxpayer meets the personal use standard (more than 50 percent of expected use of an APV for personal use), interest on the SPVL is considered QPVLI. Alternative guidance could have required taxpayers to allocate amounts of loan interest attribut- able to personal and business uses of the APV and allowed only interest directly linked to personal use to be deducted. The proposed rules streamline the process and reduce the compliance burden of deduct- ing QPVLI for taxpayers and administer- ing the deduction for the IRS. Many tax- payers with mixed personal and business use vehicles already track and allocate personal and business mileage for Federal income tax purposes. For these taxpayers, the proposed regulations promote flex- ibility by allowing taxpayers who meet the personal use standard and all other requirements to deduct vehicle interest solely as QPVLI or, to the extent the tax- payers have interest properly allocable to a trade or business, as a business expense. d. Specified Passenger Vehicle Loan (SPVL) and Further Definitions The proposed regulations would clar- ify what constitutes a SPVL. Specifically, the proposed rules provide that indebt- edness qualifies as a SPVL only if the indebtedness is incurred for the purchase of an APV and for items and amounts customarily financed in an APV purchase transaction and that are directly related to the purchased APV. These items include vehicle service plans, extended warran- ties, and sales taxes and vehicle-related fees. Indebtedness incurred for collision and liability insurance or to purchase any property or services unrelated to the APV (for example, a trailer or a boat) is not con- sidered a SPVL. The proposed regulations strengthen the incentive for debt financ- ing of the items and amounts included in the SPVL definition (such as warranties and sales taxes), relative to a rule that excluded those items and amounts from the SPVL definition. Alternative guidance could have pre- scribed that only debt directly attributable to the price of the vehicle is a SPVL and therefore that only interest on that portion of a loan is deductible. Such an alternative standard could result in substantial com- pliance costs to taxpayers and to lenders and interest recipients in requiring alloca- tions of indebtedness and associated inter- est. For amounts customarily financed together, such as the price of the vehicle itself and sales taxes and warranties on the vehicle, identifying and allocating which interest is attributable to which portion of total indebtedness would be difficult and costly to administer. The proposed guidance benefits taxpayers by removing 7 There is limited evidence on elasticities relating directly to the country of vehicle assembly. See Grieco et al. (2024) for estimates on consumer responsiveness to prices changes across vehicle manufacturers. Grieco, Paul L.E., Charles Murry, and Ali Yurukoglu. 2024. “The Evolution of Market Power in the U.S. Automobile Industry.” The Quarterly Journal of Economics 139 (2): 1201-1253, https://academic.oup.com/qje/article-abstract/139/2/1201/7276495?redirectedFrom=fulltext. 8 Chetty, Raj, Adam Looney, and Kory Kroft. 2009. “Salience and Taxation: Theory and Evidence.” American Economic Review 99 (4): 1145-77, https://www.aeaweb.org/articles?id=10.1257/ aer.99.4.1145. Bulletin No. 2026–5 473 January 26, 2026 uncertainty and reduces burden relating to what taxpayers may consider a SPVL. According to Autotrader, for financed vehicle purchases, “taxes and dealer fees are almost always included in the pay- ment.” 9 A substantial share of taxpayers with QPVLI would therefore benefit from the proposed SPVL definition, relative to an alternative definition that would require taxpayers to identify separately interest attributable to the price of the vehicle and items and amounts custom- arily financed with the vehicle. Relatedly, an SPVL definition limited strictly to the price of the vehicle may also require addi- tional information reporting that burdens interest recipients and lenders. The pro- posed SPVL definition benefits entities subject to information reporting require- ments because taxpayers can determine their QPVLI without needing information on interest amounts related to the price of the vehicle separate from interest amounts related to items and amounts customarily financed with the vehicle. II. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) (PRA) generally requires that a Federal agency obtain the approval of the Office of Management and Budget (OMB) before collecting information from the public, whether that collection of information is mandatory, voluntary, or required to obtain or retain a benefit. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by the OMB. The general recordkeeping require- ments mentioned in these proposed regu- lations are considered general tax records under §1.6001-1(e). A taxpayer would use these records to establish its eligibil- ity for the section 163(h)(4) deduction and the amount of the deduction claimed. The recordkeeping requirements would include that individuals keep records about the SPVL, the APV, and the amount of interest paid or accrued. For PRA pur- poses, general tax records are already approved by OMB under 1545-0074 for individuals and 1545-0092 for trust and estate filers. These proposed regulations also men- tion reporting requirements related to claiming deductions as set forth in pro- posed §1.163-16. These collections will be made by eligible taxpayers as part of filing a return (such as the appropriate Form 1040 or 1041), including filling out the relevant schedules. These forms are approved by OMB under 1545-0074 for individuals and 1545-0092 for trust and estate filers. These proposed regulations also include reporting, third-party disclosure and recordkeeping requirements required under section 6050AA as set forth in proposed §1.6050AA-1. The collections will be used by the IRS for tax compli- ance purposes and by taxpayers to cal- culate their deduction. The burden asso- ciated with these information collections will be included in Form 1098-VLI and its instructions and approved with OMB control number 1545-XXXX in accor- dance with PRA procedures under 5 CFR 1320.10. The Treasury Department and the IRS request comments on all aspects of information collection burdens related to the proposed regulations. In addition, when available, drafts of IRS forms are posted for comment at www.irs.gov/draft- forms. The likely respondents are corpora- tions and partnerships. The estimated bur- den for these requirements is as follows: Estimated number of respondents: 35,800 respondents. Estimated number of responses: 6,000,000 responses. Estimated frequency of responses: Annually. Estimated average time per response: 0.25 hours. Estimated total annual burden hours: 1,500,000 hours. Estimated total annual burden cost: $130,785,000. The collections of information con- tained in this notice of proposed rulemak- ing has been submitted to the OMB for review in accordance with the PRA. Com- menters are strongly encouraged to submit public comments electronically. Written comments and recommendations for the proposed information collection should be sent to www.reginfo.gov/public/do/PRA- Main, with copies to the Internal Revenue Service. Find this particular information collection by selecting “Currently under Review - Open for Public Comments” then by using the search function. Sub- mit electronic submissions for the pro- posed information collection to the IRS via email at pra.comments@irs.gov (indi- cate REG-113515-25 on the Subject line). Comments on the collection of informa- tion should be received by March 3, 2026. Comments are specifically requested concerning: Whether the proposed col- lection of information is necessary for the proper performance of the functions of the IRS, including whether the information will have practical utility. The accuracy of the estimated burden associated with the proposed collection of information. How the quality, utility, and clarity of the infor- mation to be collected may be enhanced. How the burden of complying with the proposed collection of information may be minimized, including through the applica- tion of automated collection techniques or other forms of information technology. Estimates of capital or start-up costs and costs of operation, maintenance, and pur- chase of services to provide information. Books or records relating to a collec- tion of information must be retained as long as their contents may become mate- rial in the administration of any Internal Revenue law. Generally, tax returns and tax return information are confidential, as required by section 6103. III. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) (RFA) imposes cer- tain requirements with respect to Federal rules that are subject to the notice and comment requirements of section 553(b) of the Administrative Procedure Act (5 U.S.C. 551 et seq.) and that are likely to have a significant economic impact on a substantial number of small entities. 9 “Are taxes and fees included in car financing?”, Autotrader, last accessed October 28, 2025, https://www.autotrader.com/car-shopping/financing-a-car-are-taxes-and-fees-included-in-fi- nancing-222154. January 26, 2026 474 Bulletin No. 2026–5 Unless an agency determines that a pro- posal will not have a significant economic impact on a substantial number of small entities, section 603 of the RFA requires the agency to present an initial regulatory flexibility analysis (IRFA) of the proposed regulations. The Treasury Department and the IRS have not determined whether the proposed regulations, when finalized, will have a significant economic impact on a substantial number of small entities. This determination requires further study. However, because there is a possibility of a significant economic impact on a sub- stantial number of small entities, these proposed regulations include an IRFA. The Treasury Department and the IRS invite comments on both the number of entities affected by these proposed regu- lations and the economic impact of these proposed regulations on small entities. A. Need for and objectives of the rule The proposed regulations would pro- vide the eligibility rules and key defi- nitions regarding the section 163(h)(4) deduction to allow taxpayers to determine whether their interest is QPVLI eligible for the section 163(h)(4) deduction. In addition, the proposed regulations would provide the operational, administrative, and definitional rules for persons in a trade or business to comply with the statutory information reporting requirements under section 6050AA with interest received on a SPVL. The proposed rules are expected to clarify the OBBBA provision regarding the car loan interest deduction, which Congress intended to ease the financial burden of car ownership for individuals and promote domestic manufacturing. See House Budget Committee report on the OBBBA, H. Rept. 119-106, at 1510 (2025). The proposed rules are intended to facilitate the easing of the financial burden of car ownership by providing the infor- mation necessary for taxpayers to claim the deduction. Additionally, the proposed rules are consistent with the promotion of domestic manufacturing. The rules direct taxpayers to the National Highway Traffic Safety Administration VIN lookup tool to help taxpayers determine whether a vehi- cle had final assembly in the United States, a necessary condition for the vehicle to be eligible for the deduction. Because the proposed rules assist taxpayers in claim- ing the deduction, the rules may also increase consumer demand for vehicles with final assembly in the United States. Over time, this may lead manufacturers to increase production and assembly of vehicles in the United States in order to meet demand for vehicles that are eligi- ble for the deduction. Thus, the Treasury Department and the IRS intend and expect that the proposed rules will deliver ben- efits across the economy that will favor- ably impact individuals, vehicle dealers, and the domestic manufacturing industry, including vehicle manufacturers. B. Affected small entities The Small Business Administration estimates in its 2023 Small Business Pro- file that 99.9 percent of United States busi- nesses meet its definition of a small busi- ness. The applicability of these proposed regulations does not depend on the size of the business, as defined by the Small Business Administration. As described more fully in the preamble to these pro- posed regulations and in this IRFA, these rules may affect a variety of different busi- nesses across several different industries but will primarily affect dealers of new vehicles and financial entities that would be required to file and furnish information returns under section 6050AA. The Treasury Department and the IRS currently estimate 35,800 businesses may be impacted by these proposed regula- tions because they are car and motorcycle loan lenders. Of the estimated 35,800 car and motorcycle loan lenders that may be impacted by these proposed regulations, the Treasury Department and the IRS expect 24,600 would likely be considered a small business entity. To prepare these estimates, the Treasury Department and IRS reviewed tax return filings for rele- vant industry codes for prior taxable years. 1. Impact of the Rules The recordkeeping and reporting requirements would increase for busi- nesses that provide loans on new cars and motorcycles. Although the Treasury Department and the IRS do not have suffi- cient data to precisely determine the likely extent of the increased costs of compli- ance, the estimated burden of comply- ing with the recordkeeping and reporting requirements are described in the Paper- work Reduction Act section of the pre- amble. Based on the estimated number of responses (6,000,000) and an estimate time to respond of 0.25 hours, the esti- mated burden is 1,500,000 total burden hours. 2. Alternatives Considered The Treasury Department and the IRS considered alternatives to the proposed regulations. For example, the Treasury Department and the IRS considered a delay to reporting for small businesses. Although this would ease the burden on small businesses, it would increase the burden on individuals who need the infor- mation reported under section 6050AA to accurately claim the deduction for QPVLI on their Federal income tax returns. Accordingly, the Treasury Department and the IRS decided not to delay reporting for small businesses. The Treasury Department and the IRS also considered whether reporting should be required for each person from whom interest was received. However, the Trea- sury Department and the IRS understand that interest recipients do not necessarily track the identity of the person making payments. Therefore, in order to reduce the reporting burden for small businesses that may find this additional tracking burdensome, these proposed regulations would define a payor of record on an SPVL as any person carried on the books and records of the interest recipient as the principal borrower of the SPVL. Another alternative considered was whether reporting under section 6050AA should be limited to QPVLI. However, the Treasury Department and the IRS under- stand that interest recipients do not nec- essarily have the information necessary to determine whether interest on a SPVL is QPVLI for an individual. Accordingly, to reduce the reporting burden for small busi- nesses that do not routinely ask individu- als for information such as the expected amount of personal use of the vehicle, these proposed regulations propose that interest recipients report receipt of interest received on a SPVL. Bulletin No. 2026–5 475 January 26, 2026 3. Duplicative, Overlapping, or Conflicting Federal Rules The proposed regulations would not duplicate, overlap, or conflict with any relevant Federal rules. As discussed in the Explanation of Provisions, the proposed regulations would merely provide require- ments, procedures, and definitions related to the section 163(a) deduction for QPVLI and section 6050AA. The Treasury Department and the IRS invite input from interested members of the public about identifying and avoiding overlapping, duplicative, or conflicting requirements. IV. Section 7805(f) Pursuant to section 7805(f) of the Code, these proposed regulations will be submitted to the Chief Counsel for the Office of Advocacy of the Small Business Administration for comment on its impact on small business. V. Unfunded Mandates Reform Act Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) requires that agencies assess anticipated costs and benefits and take certain other actions before issuing a final rule that includes any Federal mandate that may result in expenditures in any one year by a State, local, or Tribal government, in the aggre- gate, or by the private sector, of $100 million in 1995 dollars, updated annually for inflation. These proposed regulations do not include any Federal mandate that may result in expenditures by State, local, or Tribal governments, or by the private sector, in excess of that threshold. VI. Executive Order 13132: Federalism Executive Order 13132 (entitled “Federalism”) prohibits an agency from publishing any rule that has federalism implications if the rule either imposes substantial, direct compliance costs on State and local governments, and is not required by statute, or preempts State law, unless the agency meets the consultation and funding requirements of section 6 of the Executive order. This proposed rule does not have federalism implications and does not impose substantial direct compli- ance costs on State and local governments or preempt State law within the meaning of the Executive order. Comments and Public Hearing Before the proposed regulations are adopted as final regulations, consideration will be given to comments regarding this notice of proposed rulemaking that are submitted timely to the IRS as prescribed in this preamble under the ADDRESSES section. The Treasury Department and the IRS request comments on all aspects of the proposed regulations. All comments submitted will be available at www.regu- lations.gov. Once submitted to the Federal eRulemaking Portal, comments cannot be edited or withdrawn. A public hearing has been scheduled for February 24, 2026, beginning at 10 a.m. ET, in the Auditorium at the Internal Revenue Building, 1111 Constitution Ave- nue, NW., Washington, DC. Due to build- ing security procedures, visitors must enter at the Constitution Avenue entrance. In addition, all visitors must present photo identification to enter the building. Because of access restrictions, visitors will not be admitted beyond the imme- diate entrance area more than 30 minutes before the hearing starts. Participants may alternatively attend the public hearing by telephone. The rules of 26 CFR 601.601(a)(3) apply to the hearing. Persons who wish to present oral comments at the hearing must submit an outline of the topics to be dis- cussed and the time to be devoted to each topic by February 2, 2026. A period of 10 minutes will be allotted to each person for making comments. An agenda showing the scheduling of the speakers will be pre- pared after the deadline for receiving out- lines has passed. Copies of the agenda will be available free of charge at the hearing. If no outline of the topics to be discussed at the hearing is received by February 2, 2026, the public hearing will be cancelled. If the public hearing is cancelled, a notice of cancellation of the public hearing will be published in the Federal Register. Individuals who want to testify in per- son at the public hearing must send an email to publichearings@irs.gov to have your name added to the building access list. The subject line of the email must contain the regulation number REG- 113515-25 and the language TESTIFY In Person. For example, the subject line may say: Request to TESTIFY in Person at Hearing for REG-113515-25. Individuals who want to testify by tele- phone at the public hearing must send an email to publichearings@irs.gov to receive the telephone number and access code for the hearing. The subject line of the email must contain the regulation number REG- 113515-25 and the language TESTIFY Telephonically. For example, the subject line may say: Request to TESTIFY Tele- phonically at Hearing for REG-113515-25. Individuals who want to attend the pub- lic hearing in person without testifying must also send an email to publichearings@irs. gov to have your name added to the build- ing access list. The subject line of the email must contain the regulation number REG- 113515-25 and the language ATTEND In Person. For example, the subject line may say: Request to ATTEND Hearing In Per- son for REG-113515-25. Requests to attend the public hearing must be received by 5:00 p.m. ET on February 20, 2026. Individuals who want to attend the pub- lic hearing by telephone without testifying must also send an email to publichear- ings@irs.gov to receive the telephone number and access code for the hearing. The subject line of the email must con- tain the regulation number REG-113515- 25 and the language ATTEND Hearing Telephonically. For example, the subject line may say: Request to ATTEND Hear- ing Telephonically for REG-113515-25. Requests to attend the public hearing must be received by 5:00 p.m. ET on February 20, 2026. Hearings will be made accessible to people with disabilities. To request special assistance during a hearing, please contact the Publications and Regulations Section of the Office of Associate Chief Counsel (Procedure and Administration) by send- ing an email to publichearings@irs.gov (preferred) or by telephone at (202) 317- 6901 (not a toll-free number) by February 19, 2026. Statement of Availability of IRS Documents Guidance cited in this preamble is pub- lished in the Internal Revenue Bulletin January 26, 2026 476 Bulletin No. 2026–5 and is available from the Superintendent of Documents, U.S. Government Publish- ing Office, Washington, DC 20402, or by visiting the IRS website at https://www. irs.gov. Drafting Information The principal author of these proposed regulations is Riston Escher, Office of the Associate Chief Counsel (Income Tax & Accounting), IRS. However, other person- nel from the Treasury Department and the IRS participated in their development. List of Subjects 26 CFR Part 1 Income taxes, Reporting and record- keeping requirements. 26 CFR Part 301 Employment taxes, Excise taxes, Income taxes, Penalties, Reporting and recordkeeping requirements. Proposed Amendments to the Regulations Accordingly, the Treasury Department and the IRS propose to amend 26 CFR parts 1 and 301 as follows: PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 is amended by adding an entry in numerical order for §1.6050AA-1 to read in part as follows: Authority: 26 U.S.C. 7805 * * * * * * * * Section 1.6050AA-1 is also issued under 26 U.S.C. 6050AA(e). * * * * * Par. 2. Section 1.163-16 is added to read as follows: §1.163-16 Qualified passenger vehicle loan interest. (a) Overview—(1) In general. In com- puting the taxable income for a taxable year beginning after December 31, 2024, and before January 1, 2029, of a taxpayer described in paragraph (a)(2) of this sec- tion, for purposes of the deduction allow- able under section 163(a) of the Internal Revenue Code (Code) for interest paid or accrued within the taxable year on indebtedness, section 163(h)(4) excludes qualified passenger vehicle loan interest (QPVLI) (as defined in section 163(h)(4) (B) and paragraph (b)(12) of this section) from the definition of “personal interest” paid or accrued during the taxable year for which a deduction would be disal- lowed under section 163(h)(1). See para- graph (b) of this section for definitions of terms used in section 163(h)(4) and this section. (2) Taxpayers that may deduct QPVLI—(i) In general. Only a taxpayer that is an individual, decedent’s estate, or non-grantor trust may deduct QPVLI in computing the taxpayer’s taxable income. (ii) Deduction available without regard to whether taxpayer itemizes deductions. Under section 63(b)(7) of the Code, the deduction for QPVLI allowable under section 163(h)(4) may be taken by a tax- payer without regard to whether the tax- payer itemizes deductions or takes the standard deduction. (b) Definitions. The following defini- tions apply for purposes of section 163(h) (4) and this section: (1) Applicable passenger vehicle (APV). The term applicable passenger vehicle or APV means a vehicle that sat- isfies the requirements of paragraph (e)(1) of this section. (2) Dealer. The term dealer means a person licensed by a State, the District of Columbia, the Commonwealth of Puerto Rico, any other territory or possession of the United States, an Indian Tribal govern- ment (as defined in section 7701(a)(40) of the Code), or an Alaska Native Corpora- tion (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(m)) to engage in the sale of vehicles. This term includes a dealer licensed by any jurisdiction that makes sales at sites outside of the jurisdiction in which it is licensed. (3) Final assembly. The term final assembly means the process by which a manufacturer produces a vehicle at, or through the use of, a plant, factory, or other place from which the vehicle is delivered to a dealer with all component parts nec- essary for the mechanical operation of the vehicle included with the vehicle, whether or not the component parts are perma- nently installed in or on the vehicle. (4) Grantor trust. A grantor trust is any portion of a trust that is treated as being owned by one or more persons under sec- tions 671 through 679 of the Code. (5) Independently deductible inter- est. The term independently deductible interest means interest that satisfies the requirements of paragraph (g)(1) of this section. (6) Lease financing. The term lease financing means a transaction that is not a purchase of an APV, and under which a taxpayer has usage rights with respect to an APV but is not considered the owner of the APV under State or other applicable law. (7) Modified adjusted gross income— (i) Individuals. The term modified adjusted gross income, in the case of an individual, means adjusted gross income (as defined in section 62 of the Code) increased by any amount excluded from gross income under sections 911, 931, or 933 of the Code. (ii) Decedents’ estates and non-grantor trusts. The term modified adjusted gross income, in the case of a decedent’s estate or non-grantor trust, means adjusted gross income as defined in section 67(e) of the Code. (8) Negative equity. The term negative equity means existing indebtedness on a vehicle traded in as part of a purchase transaction for an APV, to the extent such indebtedness exceeds the vehicle’s trade-in value specified by the contract for the purchase of the APV. (9) Non-grantor trust. The term non- grantor trust means a trust (or the portion of a trust) that is not a grantor trust. (10) Personal use. The term personal use means use by an individual other than in any trade or business (except for the use in the trade or business of performing ser- vices as an employee), or for the produc- tion of income. (11) Purchase. The term purchase means an acquisition that is both an acqui- sition of a vehicle for Federal income tax purposes and the acquisition of the title of the vehicle for purposes of State or other applicable law. (12) Qualified passenger vehicle loan interest (QPVLI). The term qualified pas- Bulletin No. 2026–5 477 January 26, 2026 senger vehicle loan interest or QPVLI means any interest that satisfies the requirements of paragraph (c)(1) of this section. (13) Qualified vehicle classification— (i) In general. The term qualified vehicle classification means one of the following vehicle classifications: (ii) Car. The term car means a vehicle classified in one of the classes of passen- ger vehicles listed in 40 CFR 600.315- 08(a)(1), or otherwise so classified by the Administrator of the EPA under 40 CFR 600.315-08(a). (iii) Minivan. The term minivan means a vehicle classified as a minivan under 40 CFR 600.315-08(a)(2)(iv), or otherwise so classified by the Administrator of the EPA under 40 CFR 600.315-08(a). (iv) Va n. The term van means a vehicle classified as a van under 40 CFR 600.315- 08(a)(2)(iii), or otherwise so classified by the Administrator of the EPA under 40 CFR 600.315-08(a). (v) Sport utility vehicle. The term sport utility vehicle means a vehicle classified as a small sport utility vehicle or stan- dard sport utility vehicle under 40 CFR 600.315-08(a)(2)(v) and (vi), or otherwise so classified by the Administrator of the EPA under 40 CFR 600.315-08(a). (vi) Pickup truck. The term pickup truck means a vehicle classified as a small pickup truck or standard pickup truck under 40 CFR 600.315-08(a)(2)(i) and (ii), or otherwise so classified by the Administrator of the EPA under 40 CFR 600.315-08(a). (vii) Motorcycle. The term motorcycle means a vehicle classified as a motorcycle under 40 CFR 86.402-78, or otherwise so classified by the Administrator of the EPA. (14) Secured by a first lien. The term secured by a first lien means a valid and enforceable security interest under State or other applicable law in an APV with status ahead of all other security inter- ests, other than tax liens or other similar security interests that may be given higher priority at a later date following the date of purchase and only in limited circum- stances. (15) Specified passenger vehicle loan (SPVL). The term specified passenger vehicle loan or SPVL means indebtedness that satisfies the requirements of para- graph (d)(1) of this section. (16) Vehicle identification number (VIN). The term vehicle identification number or VIN means a series of Ara- bic numbers and Roman letters that is assigned to a motor vehicle for identifica- tion purposes under 49 CFR 565.13. (c) Qualified passenger vehicle loan interest (QPVLI)—(1) In general. Inter- est is QPVLI only if the interest is paid or accrued during the taxable year on indebtedness that is an SPVL secured by a first lien on an APV and is not excluded from the definition of QPVLI (as described in paragraphs (c)(4) and (5) of this section). (2) Determining the amount of inter- est paid or accrued during a taxable year—(i) In general. Interest on an SPVL accrues on a daily basis over the term of the SPVL. The amount of QPVLI that is deductible by a taxpayer for the taxable year is determined under the taxpayer’s overall method of accounting for Fed- eral income tax purposes (either the cash receipts and disbursements method or an accrual method) or an applicable special method of accounting. For purposes of section 163(h)(4), the amount of QPVLI includes all interest payable with respect to the amount financed under an SPVL (that is, the amount of indebtedness that qualifies for purposes of determining whether indebtedness is an SPVL under paragraph (d)(2) of this section). (ii) Allocation of payments. In general, a payment on an SPVL is treated first as a payment of interest to the extent inter- est has accrued and remains unpaid on the SPVL as of the date the payment is due, and second, to the extent of any excess, as a payment of principal. See §§1.446-2(e) and 1.1275-2(a) for rules on allocating payments between interest and principal. For purposes of this paragraph (c)(2)(ii), a simple interest calculation may be used to determine the amount of interest that has accrued and remains unpaid on an SPVL when a payment on the SPVL is made. Under this simple interest calculation, interest accrues daily over the term of the SPVL based on its outstanding principal balance and the annual percentage rate or interest rate provided in the retail install- ment sales contract or other contract evi- dencing the SPVL. (3) Determining whether the SPVL is secured by a first lien on an APV—(i) In general. In order for interest paid or accrued on an SPVL to be QPVLI, the SPVL must be secured by a first lien (as defined in paragraph (b)(14) of this sec- tion) on the APV financed by the SPVL at the time the interest is paid or accrued. (ii) Exception for substitute vehicle due to unforeseen intervening event. In the case of an SPVL secured by a first lien on an APV that is replaced at a later time with a substitute vehicle that is an APV due to an unforeseen intervening event (for example, a defective APV is required to be replaced under State or other appli- cable law or an APV is required to be replaced under an insurance product), and as a result the SPVL is secured by a first lien on that substitute vehicle, the sub- stitute vehicle is considered the initially purchased APV for purposes of this para- graph (c)(3) and for purposes of paragraph (c)(5) of this section. (4) Interest that is not QPVLI. QPVLI does not include any amount paid or accrued on any of the following: (i) A loan to finance fleet sales. (ii) A loan incurred for the purchase of a commercial vehicle that is not used for personal purposes. (iii) Any lease financing. (iv) A loan to finance the purchase of a vehicle with a salvage title. (v) A loan to finance the purchase of a vehicle intended to be used for scrap or parts. (5) VIN requirement. Interest paid or accrued by the taxpayer during the taxable year on an SPVL is not treated as QPVLI and may not be deducted under section 163(h)(4) unless the taxpayer reports the VIN of the purchased APV on the Fed- eral tax return for the taxable year in the manner prescribed by the Internal Reve- nue Service in guidance published in the Internal Revenue Bulletin or in forms and instructions. (6) Examples. The rules of paragraphs (c)(1), (c)(3) and (c)(4)(iii) of this section are illustrated by the following examples: (i) Example 1: Lease financing—(A) Facts. Dealer is located in State Y. Dealer purchases an APV from the manufacturer and sells the car to Leas- ing Company. Leasing Company leases the car to A for a 120-month period in a transaction that is a lease for State Y purposes. At the end of the lease term, A has the option to purchase the car for a nominal amount. For Federal income tax purposes, the lease agreement is properly viewed as a sale. A makes lease payments during the taxable year. January 26, 2026 478 Bulletin No. 2026–5 (B) Analysis. A’s lease payments are made under a lease financing transaction and do not qualify as QPVLI. Additionally, notwithstanding that the lease agreement is properly viewed as a sale for Federal income tax purposes, the transaction is not a pur- chase (as defined in paragraph (b)(11) of this section) and therefore the lease is not an SPVL. Accordingly, no amounts paid under the lease are QPVLI. (ii) Example 2: Defective vehicle replaced—(A) Facts. A, a resident of State X, incurs an SPVL to purchase Vehicle 1. The SPVL is secured by a first lien on Vehicle 1. After purchase, A discovers Vehi- cle 1 is defective. Under State X law that requires the replacement of new vehicles with serious defects, the manufacturer replaces defective Vehicle 1 with Vehicle 2. As a result, the SPVL is secured by a first lien on Vehicle 2. Vehicle 2 is an APV with respect to A, as the original use of Vehicle 2 commences with A, and the vehicle meets all other requirements of an APV as described in paragraph (e) of this section. The SPVL continues to be in effect with no changes other than the substitution of Vehicle 1 for Vehicle 2 occurring under State X law. A continues making payments under the terms of the SPVL. (B) Analysis. The interest paid or accrued on the SPVL that is now secured by Vehicle 2 is QPVLI. The SPVL is secured by a first lien on the APV that was purchased as a result of the incurred SPVL at the time that interest is paid or accrued. As Vehicle 1 was replaced with Vehicle 2, an APV, due to an unfore- seen intervening event and the SPVL is secured by a first lien on Vehicle 2, Vehicle 2 is considered the initially purchased APV. (d) Specified passenger vehicle loan (SPVL)—(1) In general. Indebtedness is an SPVL only if the indebtedness is incurred by the taxpayer after December 31, 2024, for the purchase of an APV for personal use, and is secured by a first lien on that APV. (2) Indebtedness incurred for the pur- chase of an APV—(i) In general. For purposes of paragraph (d)(1) of this sec- tion, indebtedness is an SPVL only to the extent the indebtedness is incurred for the purchase of an APV and, if part of the same purchase transaction, for any other items or amounts customarily financed in an APV purchase transaction and that are directly related to the purchased APV. Items or amounts customarily financed in an APV purchase transaction and that are directly related to the purchased APV include, for example, vehicle service plans, extended warranties, sales taxes, and vehicle-related fees. (ii) Indebtedness that is not incurred for the purchase of an APV. To the extent any indebtedness is not incurred by a taxpayer for the purchase of an APV or for any other items or amounts cus- tomarily financed in an APV purchase transaction that are directly related to the purchased APV, such indebtedness is not an SPVL even if it is incurred as part of a purchase transaction for an APV. For example, indebtedness incurred for the repayment of negative equity on a loan secured by a trade-in vehicle, to pur- chase collision and liability insurance, or to purchase any property or services unrelated to an APV (for example, a trailer or a boat) is not incurred by a tax- payer for the purchase of an APV or for any other items or amounts customarily financed in an APV purchase transaction that are directly related to the purchased APV, and as a result is not an SPVL. In addition, indebtedness is not incurred by a taxpayer for the purchase of an APV or for any other items or amounts custom- arily financed in an APV purchase trans- action and that are directly related to the purchased APV to the extent the indebt- edness relates to cash proceeds that the taxpayer receives from the lender. (iii) Allocation of indebtedness—(A) In general. Except as provided in para- graph (d)(2)(iii)(B) of this section, if a taxpayer incurs indebtedness described in both paragraphs (d)(2)(i) and (ii) of this section as part of the same transaction, the indebtedness must be allocated between the indebtedness described in paragraph (d)(2)(i) of this section and the indebt- edness described in paragraph (d)(2)(ii) of this section. Only the portion of the indebtedness allocated to the indebtedness described in paragraph (d)(2)(i) of this sec- tion is an SPVL. In such cases, payments of interest and principal are allocated to the portion of the indebtedness described in paragraph (d)(2)(i) of this section and the portion of the indebtedness described in paragraph (d)(2)(ii) of this section on a pro rata basis. (B) Allocation of down payment. For purposes of determining the portion of the indebtedness described in paragraph (d) (2)(ii) of this section, any down payment (or other consideration provided by the taxpayer at the time of the purchase trans- action for an APV) is applied first against any negative equity and any other amounts that are not incurred for the purchase of the APV or for other items customarily financed in an APV purchase transaction and that directly relate to the purchase of the APV. (3) Related party indebtedness. Any indebtedness owed to a person who is related to the taxpayer within the meaning of section 267(b) or section 707(b)(1) of the Code is not an SPVL. (4) Refinancing of an SPVL. If a tax- payer refinances an SPVL (refinanced loan), the resulting indebtedness (new loan) is an SPVL if the new loan is secured by a first lien on the APV with respect to which the refinanced loan was incurred. The amount of the new loan that is an SPVL is limited to the outstanding balance of the refinanced loan as of the date of the refinancing. A taxpayer allo- cates principal and interest between the amount of the new loan that is an SPVL and the remaining portion of the indebt- edness on a pro rata basis. For purposes of this paragraph (d)(4), if there is a change in obligor as part of the refinancing, the new loan is not an SPVL with regard to any subsequent obligor unless the refi- nancing is in connection with a change in obligor by reason of the obligor’s death within the meaning of paragraph (d)(5) (ii) of this section. (5) Whether the SPVL was incurred by the taxpayer—(i) In general. Except as provided in paragraph (d)(5)(ii) of this section, indebtedness is an SPVL only if that indebtedness was originally incurred by the taxpayer. For example, if an indi- vidual incurs an SPVL and subsequently ceases to be an obligor and another indi- vidual becomes the obligor on the indebt- edness, the indebtedness is not an SPVL with respect to the other individual. (ii) Exception for a change in obligor by reason of the death of an obligor— (A) In general. If a change in obligor is by reason of the death of an obligor of an SPVL, then the indebtedness is treated as an SPVL with respect to the new obligor. (B) Change in obligor by reason of the death of an obligor. For purposes of paragraph (d)(5)(ii)(A) of this section, a change in obligor by reason of death includes the following: (1) The succession to ownership of an APV subject to an SPVL by— (i) The deceased obligor’s estate; (ii) A surviving joint owner of the APV; or (iii) The surviving beneficiary desig- nated by contract, a transfer on death pro- vision, or by operation of law. Bulletin No. 2026–5 479 January 26, 2026 (2) A distribution of an APV subject to an SPVL by— (i) A deceased obligor’s estate to a leg- atee or heir; or (ii) A trust that is made to a trust bene- ficiary by reason of death as described in this paragraph (d)(5)(ii). (3) Any refinancing of an SPVL in con- nection with a transfer by reason of death as described in this paragraph (d)(5)(ii). (C) Not a change in obligor by reason of the death of an obligor. A change in obligor by reason of death as described in this paragraph (d)(5)(ii) does not include changes resulting from the following: (1) A sale, exchange, or other disposi- tion of an APV by a decedent’s estate or trust, other than a distribution described in paragraph (d)(5)(ii)(B)(2) of this section. (2) Any disposition of an APV by an individual who received the APV by rea- son of death (unless that disposition is by reason of that individual’s death and the change in obligor is described in para- graph (d)(5)(ii)(B) of this section). (6) Examples. The rules of paragraphs (d)(2) and (4) of this section are illustrated by the following examples in which A is an individual who incurs indebtedness to purchase an APV for personal use: (i) Example 1: Vehicle-related purchases—(A) Facts. A finances the purchase of an APV for per- sonal use by incurring a loan. The loan is secured by a first lien on the APV. The retail installment sales contract, which evidences the loan, indicates that the total amount financed is equal to the sum of the APV purchase price, the cost for an extended warranty, sales tax, title and registration fees, and a dealer doc- ument fee. (B) Analysis. All of the amount financed under the loan is incurred for the purchase of an APV and for other items or amounts customarily financed in an APV purchase transaction and that directly relate to the purchased APV within the meaning of para- graph (d)(2)(i) of this section. Accordingly, the loan is an SPVL and all of the interest on the loan may be deductible as QPVLI. (ii) Example 2: Non-vehicle-related purchase— (A) Facts. A incurs indebtedness to finance the pur- chase of both an APV and a trailer. The indebtedness is secured by a first lien on the APV. The price of the trailer is added to the amount financed as part of the retail installment sales contract that includes the purchase price of the APV. (B) Analysis. The indebtedness attributable to the purchase price of the trailer included in the amount financed under the retail installment sales contract is not incurred for the purchase of an APV or for any other items or amounts customarily financed in an APV purchase transaction and that directly relate to the purchased APV within the meaning of paragraph (d)(2)(i) of this section and therefore this indebted- ness is not included in an SPVL under paragraph (d) (2)(ii) of this section. In accordance with the allo- cation rules in paragraph (d)(2)(iii) of this section, A must allocate the portion of the indebtedness that is allocable to the purchase price of the trailer to indebtedness described in paragraph (d)(2)(ii) of this section that is not an SPVL. Thus, none of the interest that is attributable to that portion of the indebtedness is QPVLI. The remaining portion of the indebtedness is allocated to indebtedness described in paragraph (d)(2)(i) of this section that is an SPVL. (iii) Example 3: Vehicle refinanced—(A) Facts. A incurs indebtedness (Loan 1) to finance the pur- chase of an APV, and in a subsequent taxable year in which A is eligible to deduct QPVLI, A refinances Loan 1 by incurring new indebtedness of $38,000 (Loan 2), which is secured by a first lien on the APV. At the time of refinancing, the APV has a fair market value of $38,000 and Loan 1 has an outstanding bal- ance of $30,000. The Loan 2 proceeds of $38,000 are used to first repay the $30,000 Loan 1 balance, with the remaining $8,000 going to A as cash proceeds. (B) Analysis. Of the $38,000 amount financed by Loan 2, $8,000 is the amount of the resulting indebt- edness that exceeds the amount of such refinanced indebtedness within the meaning of paragraph (d)(4) of this section. Only $30,000 of the $38,000 balance of Loan 2 is an SPVL per the rule in paragraph (d) (4) of this section. Thus, none of the interest attribut- able to the $8,000 portion of Loan 2 is interest that is deductible as QPVLI. (iv) Example 4: Negative equity and down pay- ment—(A) Facts. A finances the purchase of an APV that costs $40,000, and trades in a previously owned vehicle subject to an existing vehicle loan with $6,000 of negative equity. A makes a down payment of $4,000 as part of the APV purchase transaction, incurring indebtedness of $42,000 ($40,000 plus $6,000 minus $4,000). (B) Analysis. The $6,000 of negative equity is not an item or amount customarily financed in an APV purchase transaction that is directly related to the purchased APV within the meaning of paragraph (d)(2)(i) of this section. In accordance with the allo- cation rules in paragraph (d)(2)(iii) of this section, A must allocate the $42,000 of indebtedness between indebtedness described in paragraph (d)(2)(i) of this section and indebtedness described in paragraph (d) (2)(ii) of this section. For purposes of determining the portion of the indebtedness described in para- graph (d)(2)(ii) of this section, the down payment of $4,000 is allocated against the $6,000 of negative equity. As a result, of the $42,000 of indebtedness incurred by A, $40,000 of the indebtedness incurred is indebtedness incurred for the purchase of an APV as described in paragraph (d)(2)(i) of this section and $2,000 is indebtedness not incurred for the purchase of an APV as described in paragraph (d)(2)(ii) of this section. (e) Applicable passenger vehicle (APV)—(1) In general. A vehicle is an APV only if— (i) The original use of the vehicle com- mences with the taxpayer (as described in paragraph (e)(2)(i) of this section); (ii) The vehicle is manufactured pri- marily for use on public streets, roads, and highways (not including a vehicle oper- ated exclusively on a rail or rails); (iii) The vehicle has at least 2 wheels; (iv) The vehicle is in a qualified vehicle classification (as defined in paragraph (b) (13) of this section); (v) The vehicle is treated as a motor vehicle for purposes of title II of the Clean Air Act; (vi) The vehicle has a gross vehicle weight rating of less than 14,000 pounds; and (vii) The final assembly (as defined in paragraph (b)(3) of this section) of the vehicle occurs within the United States (as described in paragraph (e)(3) of this section). (2) Determining whether original use commences with the taxpayer—(i) In gen- eral. Original use of a vehicle commences with the first person that takes delivery of the vehicle after the vehicle is sold, reg- istered, or titled. In the case of a dealer, original use of a vehicle does not com- mence with the dealer unless the dealer registers or titles the vehicle. In the case of a purchaser that is not a dealer and that incurs indebtedness to purchase a vehicle, original use of the vehicle does not com- mence with that purchaser unless the vehi- cle is treated as a new vehicle under the loan documentation. (ii) Vehicle return exception. If a pur- chaser that is not a dealer returns a vehicle to a seller within 30 days of taking deliv- ery of the vehicle, then that purchaser will not be considered the first person that takes delivery of the vehicle after the vehicle is sold, registered, or titled for purposes of paragraph (e)(2)(i) of this section, and, accordingly, original use of the vehicle does not commence with that purchaser. (iii) Examples. The rules of paragraphs (e)(1)(i) and (e)(2) of this section are illus- trated by the following examples: (A) Example 1: Demonstrator vehicles regis- tered and titled in dealer’s name—(1) Facts. Dealer operates in State X. Dealer purchases and takes delivery of a new vehicle from the manufacturer and designates this vehicle as a demonstrator vehicle. State X law requires a dealer to title and register the vehicle in its name. Accordingly, Dealer titles and registers the vehicle in its name and uses the vehicle as a demonstrator vehicle. (2) Analysis. Original use of the vehicle com- mences with Dealer. Dealer is the first person that takes delivery of the vehicle after it is sold, regis- tered, or titled. Accordingly, the vehicle will not be considered an APV by a subsequent purchaser of the January 26, 2026 480 Bulletin No. 2026–5 vehicle, and interest paid or accrued by a subsequent purchaser on indebtedness incurred for the purchase of the vehicle is not QPVLI. (B) Example 2: Demonstrator vehicles not reg- istered and titled in dealer’s name—(1) Facts. The facts are the same as in paragraph (e)(2)(iii)(A) of this section (Example 1), except that Dealer operates in State Y. State Y law does not require a dealer to title and register a demonstrator vehicle in its name. Accordingly, Dealer does not title and register the vehicle in its name and uses the vehicle as a demon- strator vehicle. (2) Analysis. Original use of the vehicle does not commence with Dealer. Dealer is not the first per- son that takes delivery of the vehicle after it is sold, registered, or titled. Original use of the vehicle may commence with a subsequent purchaser of the vehi- cle if the vehicle is treated as a new vehicle under the loan documentation for the loan incurred by that subsequent purchaser to purchase the vehicle. (C) Example 3: Cancelled sale—(1) Facts. A, an individual, enters into a contract to purchase a special-order vehicle from a dealer in State Z that is estimated to be delivered in one month. State Z law provides that the vehicle is not required to be titled and registered until A takes delivery of the vehicle. A cancels the order under the sales contract prior to the delivery occurring. (2) Analysis. Original use of the vehicle does not commence with A. A is not the first person that takes delivery of the vehicle after it is sold, registered, or titled. Original use of the vehicle may commence with a subsequent purchaser of the vehicle if the vehicle is treated as a new vehicle under the loan documentation for the loan incurred by that subse- quent purchaser to purchase the vehicle. (D) Example 4: Vehicle purchase following a lease—(1) Facts. Dealer purchases and takes deliv- ery of a new vehicle from the manufacturer for resale. Dealer does not register or title the vehicle and sells the vehicle to Leasing Company. After tak- ing delivery of the vehicle, Leasing Company titles and registers the vehicle in its name. Leasing Com- pany leases the car to A, an individual. At the end of the lease term, A exercises its option to purchase the car under its lease agreement. (2) Analysis. Original use of the vehicle does not commence with A. Original use of the vehicle com- mences with Leasing Company. Leasing Company is the first person that takes delivery of the vehicle after it is sold, registered, or titled. Original use does not commence with Dealer because Dealer did not register or title the vehicle. (E) Example 5: Returned vehicle—(1) Facts. A is a retail purchaser that purchases a vehicle from Dealer. A returns the car to Dealer 15 days after tak- ing delivery of the vehicle. (2) Analysis. Original use of the vehicle does not commence with A. Because A returned the vehicle to Dealer within 30 days of taking delivery of the vehicle, A is not considered to be the first person that takes delivery of the vehicle after it is sold, regis- tered, or titled and therefore original use does not commence with A. Original use of the vehicle may commence with a subsequent purchaser of the vehi- cle if the vehicle is treated as a new vehicle under the loan documentation for the loan incurred by that subsequent purchaser to purchase the vehicle. (3) Determining whether final assem- bly has occurred within the United States. To determine whether the final assembly of a vehicle occurred within the United States, a taxpayer may rely on— (i) The vehicle’s plant of manufacture as reported in the VIN; or (ii) The final assembly point reported on the label affixed to the vehicle as described in 49 CFR 583.5(a)(3). (f) Determination of personal use—(1) In general. A taxpayer that incurs indebt- edness to purchase an APV is considered to purchase that APV for personal use if, at the time the indebtedness is incurred, that taxpayer expects that the APV will be used for personal use by the taxpayer, the taxpayer’s spouse, or an individual that is related to the taxpayer within the meaning of section 152(c)(2) or (d)(2) of the Code, or any combination of these individuals, for more than 50 percent of the time. The taxpayer’s intent is deter- mined based on the expected use during the period the taxpayer expects to own the APV. (2) Special rules for decedents’ estates and non-grantor trusts. For purposes of determining whether a decedent’s estate or non-grantor trust that incurs indebted- ness to purchase an APV expects that the APV will be used for personal use under paragraph (f)(1) of this section, the deter- mination is based on the expected personal use by one or more of the legatees or heirs, or beneficiaries, respectively, who have a present or future interest in that decedent’s estate or non-grantor trust; the spouse of a legatee, heir, or beneficiary; or an indi- vidual that is related to a legatee, heir, or beneficiary within the meaning of section 152(c)(2) or (d)(2). (3) Examples. The rules of this para- graph (f) are illustrated by the following examples in which A is an individual: (i) Example 1: Predominant personal use—(A) Facts. At the time A incurs indebtedness to purchase an APV, A expects to use the APV for A’s personal use for 85 percent of the time. A expects to use the APV to earn income as a driver for a rideshare ser- vice for the remaining 15 percent of the time. (B) Analysis. A is considered to have purchased the APV for personal use. At the time A purchases the APV, A expects that the APV will be used for personal use more than 50 percent of the time. A’s intention to use the APV to earn income as a driver for a rideshare service for 15% of the time does not preclude A from being considered to have purchased the APV for personal use. (ii) Example 2: Predominant business use—(A) Facts. At the time A incurs indebtedness to purchase an APV, A expects to use the APV in A’s contracting business that is a sole proprietorship for 60 percent of the time. A expects to use the APV for A’s personal use for the remaining 40% of the time. (B) Analysis. A is not considered to have pur- chased the APV for personal use. At the time A pur- chases an APV, A does not expect that the APV will be used for personal use more than 50 percent of the time. (iii) Example 3: Personal use by an individual related to taxpayer—(A) Facts. At the time A incurs indebtedness to purchase an APV, A expects the APV to be used exclusively for personal use by A’s child B. (B) Analysis. A is considered to have purchased the APV for personal use. At the time A purchases the APV, A expects that the APV will be used for per- sonal use more than 50 percent of the time by B, an individual that is related to A within the meaning of section 152(c)(2) or (d)(2). (g) Independently deductible interest— (1) In general. Independently deduct- ible interest is limited to interest that is QPVLI determined under section 163(h) (4)(B)(i) (prior to the application of the dollar limitation of section 163(h)(4)(C) (i) described in paragraph (h)(1) of this section and determined without regard to this paragraph (g)) and that is otherwise deductible by the taxpayer as a different type of interest under section 163(a) or a different section of the Code. (2) Deducting independently deduct- ible interest. A taxpayer may deduct independently deductible interest paid or accrued by the taxpayer during the taxable year as QPVLI (subject to the application of the dollar limitation of section 163(h) (4)(C)(i) described in paragraph (h)(1) of this section), or alternatively, as a dif- ferent type of interest described in para- graph (g)(1) of this section (non-QPVLI), subject to any applicable limitations. The amount of independently deductible inter- est that may be deductible as QPVLI for a taxable year (before the application of the dollar limitation of section 163(h)(4) (C)(i) described in paragraph (h)(1) of this section) is reduced to the extent that the taxpayer deducts that independently deductible interest as non-QPVLI. (3) Reporting independently deduct- ible interest. If a taxpayer deducts inde- pendently deductible interest in a taxable year as non-QPVLI under paragraph (g) (2) of this section, the taxpayer must report information relating to that independently deductible interest in the manner pre- scribed by the Internal Revenue Service in Bulletin No. 2026–5 481 January 26, 2026 guidance published in the Internal Reve- nue Bulletin or in forms and instructions. (4) Examples. The rules of this para- graph (g) regarding independently deduct- ible interest are illustrated by the follow- ing examples in which A is an individual: (i) Example 1: Independently deductible inter- est—(A) Facts. During the taxable year, A paid $1,000 of interest on an SPVL that may be deduct- ible by A as $1,000 of QPVLI. During the taxable year, 40 percent of the use of the APV is attributable to A’s trade or business. A may deduct the full $1,000 as QPVLI after considering the application of the modified adjusted gross income phaseout in para- graph (h)(2) of this section as A’s modified adjusted gross income is less than $100,000. (B) Analysis. $400 (40% of $1,000) is inde- pendently deductible interest because this amount is deductible as QPVLI and as business interest under section 163(a). Assume A may deduct the full $400 as business interest after considering any applicable limitations. A may deduct the interest paid on the SPVL in multiple ways including— (1) A may deduct this $400 of interest as QPVLI. In this case, A would deduct all $1,000 of interest as QPVLI; or (2) A may deduct this $400 as business interest. In this case, A would deduct $600 as QPVLI and $400 as business interest, because A must reduce its $1,000 of QPVLI by the $400 of interest deducted as business interest to determine the amount A can deduct as QPVLI. Additionally, A must report infor- mation relating to that independently deductible interest in the manner prescribed by the Internal Rev- enue Service in guidance published in the Internal Revenue Bulletin or in forms and instructions. (ii) Example 2: QPVLI limited by dollar limita- tion —(A) Facts. During the taxable year, A paid $12,000 of interest on an SPVL. During the taxable year, 30 percent of the use of the APV is attribut- able to A’s trade or business. A may deduct up to $10,000 of the interest as QPVLI after considering the application of the dollar limitation and the mod- ified adjusted gross income phaseout in paragraphs (h)(1) and (2) of this section as A’s modified adjusted gross income is less than $100,000. (B) Analysis. $3,600 (30% of $12,000) is inde- pendently deductible interest because this amount is deductible as QPVLI and as business interest under section 163(a). Assume A may deduct the full $3,600 as business interest after considering any applicable limitations. A may deduct the interest paid on the SPVL in multiple ways including— (1) A may maximize QPVLI deducted. A may deduct $10,000 of interest as QPVLI, and deduct the remaining $2,000 as business interest. Addi- tionally, A must report information relating to that independently deductible interest in the manner prescribed by the Internal Revenue Service in guid- ance published in the Internal Revenue Bulletin or in forms and instructions; or (2) A may maximize business interest deducted. A may deduct $3,600 of business interest, and the remaining $8,400 as QPVLI. A has $12,000 of interest paid on an SPVL and must reduce that by the amount of independently deductible interest of the taxpayer deducts as business interest ($3,600). Additionally, A must report information relating to that independently deductible interest in the manner prescribed by the Internal Revenue Service guidance published in the Internal Revenue Bulletin or in forms and instructions. (iii) Example 3: QPVLI limited by dollar lim- itation—(A) Facts. During the taxable year, A paid $15,000 of interest on an SPVL. During the taxable year, 20 percent of the use of the APV is attribut- able to A’s trade or business. A may deduct up to $10,000 of the interest as QPVLI after considering the application of the dollar limitation and the mod- ified adjusted gross income phaseout in paragraphs (h)(1) and (2) of this section as A’s modified adjusted gross income is less than $100,000. (B) Analysis. $3,000 (20% of $15,000) is inde- pendently deductible interest because this amount is deductible as QPVLI and as business interest under section 163(a). Assume A may deduct the full $3,000 as business interest after considering any applicable limitations. Therefore, the $3,000 is deductible as business interest or as QPVLI. If A were to deduct the $3,000 of independently deductible interest as QPVLI, the application of the dollar limitation in paragraph (h)(1) of this section would limit A’s deduction to $10,000 of the $15,000 as QPVLI. Instead, A may deduct $3,000 of interest as business interest and deduct $10,000 as QPVLI as the modi- fied adjusted gross income phaseout in paragraph (h) (2) of this section does not reduce A’s QPVLI deduc- tion amount. Additionally, A must report information relating to that independently deductible interest in the manner prescribed by the Internal Revenue Ser- vice in guidance published in the Internal Revenue Bulletin or in forms and instructions. (h) Limitations—(1) Dollar limitation. The amount taken into account as QPVLI by a taxpayer for any taxable year may not exceed $10,000 per Federal tax return regardless of filing status. (2) Modified adjusted gross income phaseout. The amount taken into account as QPVLI (after the application of the dollar limitation in paragraph (h)(1) of this section) is reduced (but not below zero) by $200 for each $1,000 (or portion thereof) by which the modified adjusted gross income of the taxpayer for the tax- able year exceeds $100,000 or, in the case of a joint Federal income tax return, by which the modified adjusted gross income exceeds $200,000. (3) Examples. The rules of this para- graph (h) are illustrated by the following examples: (i) Example 1: Dollar limitation—(A) Facts. A and B are married and file a joint Federal income tax return. A incurs an SPVL to purchase Vehicle 1. B incurs an SPVL to purchase Vehicle 2. During the taxable year, A paid $6,000 of interest on the SPVL for Vehicle 1. B paid $5,000 of interest on the SPVL for Vehicle 2. (B) Analysis. A and B can deduct no more than $10,000 as QPVLI on their joint Federal income tax return because of the dollar limitation described in paragraph (h)(1) of this section. (ii) Example 2: Modified adjusted gross income phaseout—(A) Facts. A is an individual that paid $7,000 of QPVLI on an SPVL during the taxable year and files a Federal income tax return with a fil- ing status as single. A has modified adjusted gross income of $124,200 for the taxable year. (B) Analysis. The maximum amount of QPVLI that A can deduct for the taxable year is $2,000. A’s modified adjusted gross income is greater than $100,000. Therefore, the amount of QPVLI that can be taken into account as QPVLI after the application of the dollar limitation ($7,000) must be reduced by $200 for each $1,000 (or portion thereof) that A’s modified adjusted gross income exceeds $100,000. A’s modified adjusted gross income exceeds $100,000 by $24,200. Thus, the $7,000 amount must be reduced by $5,000, which is equal to $200 x 25 ($24,200 / $1,000 = 24.2 (which is then rounded up to 25)). (i) Applicability date. This section applies to taxable years beginning after December 31, 2024, and before January 1, 2029. Par. 3. Section 1.6050AA-1 is added to read as follows: §1.6050AA-1 Information reporting of applicable passenger vehicle loan interest received in a trade or business from an individual. (a) Information reporting require- ment—(1) Overview. The information reporting requirements of section 6050AA of the Internal Revenue Code (Code) and this section apply to an interest recipient who receives at least $600 of interest on a specified passenger vehicle loan (SPVL) from a payor of record for a calendar year. See paragraph (b) of this section for defi- nitions of terms used in section 6050AA and this section. (2) Reporting requirement. Except as otherwise provided in this section, an interest recipient that receives at least $600 of interest on an SPVL for a calendar year must— (i) File an information return, as described in paragraph (f) of this section, with the Internal Revenue Service (IRS); and (ii) Furnish a statement to the payor of record, as described in paragraph (g) of this section, on the SPVL. (3) Optional reporting. An interest recipient may, but is not required to, report its receipt of less than $600 of interest on an SPVL for a calendar year. An interest January 26, 2026 482 Bulletin No. 2026–5 recipient that chooses to file a return as provided in this section and to furnish a statement as provided in this section is subject to the requirements of this section. (b) Definitions. The following defi- nitions apply for purposes of section 6050AA and this section: (1) Applicable passenger vehicle (APV). The term applicable passenger vehicle or APV has the meaning provided in §1.163-16(b)(1). (2) Calendar year for which interest is received —(i) In general. Except as pro- vided in paragraph (b)(2)(ii) of this sec- tion, the calendar year for which interest is received is the later of the calendar year in which the interest is received or the cal- endar year in which the interest properly accrues. (ii) De minimis rule. An interest recip- ient may treat interest received during the current calendar year that properly accrues by January 15 of the subsequent calendar year as interest received for the current calendar year. For example, if an interest recipient receives a monthly interest pay- ment on December 31, Year 1, that includes interest accruing for the period December 5, Year 1, to January 5, Year 2, the interest recipient may treat the entire interest pay- ment as received in Year 1. If a portion of the interest for which a payment received in a calendar year accrues after January 15 of the subsequent calendar year, an interest recipient must report as interest received for the current calendar year only the por- tion that properly accrues by the end of the current calendar year. For example, if an interest recipient receives a monthly pay- ment that includes interest accruing for the period December 20, Year 1, through Jan- uary 20, Year 2, the interest recipient may not report as interest received for Year 1 any interest accruing after December 31, Year 1. The interest recipient must report the interest accruing after December 31, Year 1, as received for calendar Year 2. (3) Interest recipient—(i) Trade or business requirement. An interest recipi- ent is a person that is engaged in a trade or business (whether or not the trade or busi- ness of lending money) and that, in the course of that trade or business, receives interest on an SPVL. For purposes of this paragraph (b)(3)(i), if a person holds an SPVL that was originated or acquired in the course of a trade or business, the interest on the SPVL is considered to be received in the course of that trade or busi- ness. The rules of this paragraph (b)(3)(i) are illustrated by the following examples: (A) Example 1: Financing entity—(1) Facts. Car manufacturer finance subsidiary A lends money to individual B to enable B to purchase an applicable passenger vehicle. B makes a payment to A of inter- est on the SPVL. (2) Analysis. Under the rules of this paragraph (b)(3), A is an interest recipient for purposes of sec- tion 6050AA and must file an information return reporting the interest received from B. (B) Example 2: Interest not in the course of the trade or business—(1) Facts. C, a person engaged in the trade or business of being a physician, lends money to individual D to enable D to purchase an APV from car dealer A. D makes a payment to C of interest on the SPVL. (2) Analysis. C is not an interest recipient for pur- poses of section 6050AA and this paragraph (b)(3) because C will not receive the interest in the course of the trade or business of being a physician. C does not need to file an information return reporting the interest received from D. (C) Example 3: Dealer direct lending—(1) Facts. E, a corporation, operates a car dealership under the “buy here, pay here” model. E sells vehicles to retail customers and, as part of its ordinary course of busi- ness, extends financing directly to the purchasers. Customer F buys a vehicle from E and enters into a loan agreement with E for the amount necessary to buy the vehicle. F pays E $1,200 of stated interest on the indebtedness during the calendar year. (2) Analysis. Because E is engaged in the trade or business of selling automobiles and receives interest in the course of that trade or business, E is an inter- est recipient for purposes of section 6050AA and must file an information return reporting the interest received from F. (ii) Interest received on behalf of another person—(A) In general. A person that, in the course of its trade or business, receives or collects interest on an SPVL on behalf of another person (for exam- ple, the lender of record) is the interest recipient (initial recipient) for purposes of this paragraph (b)(3) with respect to the SPVL. In this case, the reporting require- ment of paragraph (a) of this section does not apply to the transfer of interest from the initial recipient to the person for which the initial recipient receives or collects the interest. For example, if financial institu- tion A collects interest on behalf of finan- cial institution B, A is the initial recipient of interest for the SPVL and is subject to the reporting requirements of section 6050AA. B is not required to report the interest received on the SPVL from A. (B) Exception. Paragraph (b)(3)(ii) (A) of this section does not apply for any period for which— (1) An initial recipient does not possess the information needed to comply with the reporting requirement of paragraph (a) of this section; and (2) The person for which the interest is received or collected would receive the interest in the course of its trade or busi- ness if the interest were paid directly to that person. (C) Application of exception. If the exception provided by paragraph (b)(3) (ii)(B) of this section applies, the person for which the interest is received or col- lected is the interest recipient with respect to interest received or collected on the SPVL. (D) Presumption. For purposes of this paragraph (b)(3)(ii), if interest is received or collected on behalf of a person other than an individual, that person is pre- sumed to receive interest in the course of its trade or business. (4) Lender of record. The lender of record is the person who, at the time the loan is originated, is named as the lender on the loan documents and whose right to receive payment from the payor of record is secured by a lien on the payor of record’s APV. An intention by the lender of record to sell or otherwise transfer the loan to a third party subsequent to the close of the transaction does not affect the determina- tion of who is the lender of record. (5) Payor of record. The payor of record on an SPVL is the person speci- fied on the books and records of the inter- est recipient as the principal borrower on the SPVL. If the books and records of the interest recipient do not indicate which borrower is the principal borrower, the interest recipient must designate a bor- rower as the principal borrower. The term person for purposes of this paragraph (b) (5) means any individual, decedent’s estate, or trust that is not a grantor trust within the meaning of §1.163-16(b)(9) (non-grantor trust). (6) Secretary. The term Secretary has the meaning provided in section 7701(a) (11) of the Code. (7) Specified passenger vehicle loan (SPVL). The term specified passenger vehicle loan or SPVL has the same mean- ing given by §1.163-16(b)(15). (c) Reporting by foreign person. An interest recipient that is not a United States person, as defined in section 7701(a)(30), Bulletin No. 2026–5 483 January 26, 2026 must report interest received on an SPVL only if it receives the interest— (1) At a location in the United States; or (2) At a location outside the United States and— (i) The interest recipient is a controlled foreign corporation, within the meaning of section 957(a) of the Code; or (ii) 50 percent or more of the gross income of the interest recipient from all sources for the three-year period ending with the close of the taxable year preced- ing the receipt of interest (or for that part of the period for which the person was in existence) was effectively connected with the conduct of a trade or business in the United States. (d) Reporting with respect to nonresi- dent alien individual, foreign decedent’s estate, or foreign non-grantor trust—(1) In general. The reporting requirement of paragraph (a) of this section does not apply if the payor of record is a nonresi- dent alien individual, a decedent’s estate that is a foreign estate within the mean- ing of section 7701(a)(31)(A), or a non- grantor trust that is a foreign trust within the meaning of section 7701(a)(31)(B). (2) Nonresident alien individual, foreign decedent’s estate, and foreign non-grantor trust. For purposes of paragraph (d)(1) of this section, an interest recipient must apply the following documentation rules to determine whether a payor of record is a nonresident alien individual, foreign dece- dent’s estate, or foreign non-grantor trust— (i) If interest is paid outside the United States, the interest recipient must satisfy the documentary evidence standard pro- vided in §1.6049-5(c) with respect to the payor of record; and (ii) If interest is paid within the United States, the interest recipient must secure from the payor of record an applica- ble Form W-8 (or a substitute form) that meets the validity and reliance require- ments described in §1.1441-1(e)(4). (3) Place of payment. For purposes of paragraph (d)(2) of this section, the place of payment is the place where the payor of record completes the acts necessary to effect payment. An amount paid by trans- fer to an account maintained by an interest recipient in the United States or by mail to a United States address is considered to be paid within the United States. (e) Amount of interest received on SPVL for calendar year. Whether an interest recipient receives $600 or more of interest on an SPVL for a calendar year is determined on an SPVL-by-SPVL basis. An interest recipient need not aggregate the interest received on all of the SPVLs of a payor of record held by the interest recipient to determine whether the $600 threshold is met. Therefore, an interest recipient need not report interest of less than $600 received on an SPVL, even though it receives a total of $600 or more of interest on all of the SPVLs of the payor of record for a calendar year. (f) Requirement to file return—(1) Form of return. An interest recipient must file a return required by paragraph (a) of this sec- tion on the form specified by the Secretary for this purpose, with Form 1096, Annual Summary and Transmittal of U.S. Informa- tion Returns. An interest recipient may use forms containing provisions substantially similar to those in the forms specified by the Secretary for this purpose if it complies with applicable revenue procedures relat- ing to those forms. An interest recipient must file a separate return for each SPVL for which it receives $600 or more of inter- est for a calendar year. (2) Information included on return. An interest recipient must include on the form specified by the Secretary for this purpose— (i) The name, address, and taxpayer identification number of the payor of record; (ii) The name, address, and taxpayer identification number of the interest recip- ient; (iii) The amount of interest received for the calendar year; (iv) The amount of outstanding princi- pal on the SPVL as of the beginning of the calendar year; (v) The date of the origination of the SPVL; (vi) The year, make, model, and vehi- cle identification number of the APV that secures the SPVL; (vii) The date the SPVL was acquired; and (viii) Any other information required by the form specified by the Secretary for this purpose or its instructions. (3) Time and place for filing return; cross-references to penalty and elec- tronic filing requirements. An interest recipient must file a return required by paragraph (a) of this section on or before February 28 (March 31 if filed electron- ically) of the year following the calen- dar year for which it receives the inter- est. An interest recipient must file the return required by paragraph (a) of this section with the IRS office designated in the instructions for the form. For provi- sions relating to the penalty provided for the failure to file a correct information return required by paragraph (a) of this section, see §301.6721-1 of this chapter. See §301.6724-1 of this chapter for the waiver of a penalty if the failure is due to reasonable cause and not due to willful neglect. See §301.6011-2(b) of this chap- ter for requirement to submit the infor- mation returns required by this section electronically. (g) Requirement to furnish statement— (1) In general. An interest recipient that must file a return under paragraph (a) of this section must furnish a statement to the payor of record. (2) Information included on statement. An interest recipient must include on the statement that it must furnish to the payor of record— (i) The information required under paragraph (f)(2) of this section; (ii) A legend that— (A) Identifies the statement as import- ant tax information that is being furnished to the IRS; and (B) Notifies the payor of record that if the payor of record is required to file a return, a negligence penalty or other sanction may be imposed if the IRS deter- mines that an underpayment of tax results because the payor of record overstated a deduction for this interest (if any) on the payor of record’s return; and (iii) A legend stating that the payor of record may be unable to deduct the full amount of SPVL interest reported on the statement; that limitations based on the payor of record’s modified adjusted gross income may apply; and that the payor of record may deduct QPVLI only to the extent the SPVL was incurred by, and the QPVLI actually paid by, the payor of record. (3) Copy of form determined by the Secretary to payor of record. An interest recipient will satisfy the requirement of January 26, 2026 484 Bulletin No. 2026–5 paragraph (g)(2)(i) of this section by fur- nishing to a payor of record a copy of the form determined by the Secretary (or sub- stitute statement that complies with appli- cable revenue procedures) containing all the information filed with the IRS and all the legends required by paragraph (f)(2) of this section. (4) Furnishing statement with other information returns. An interest recipi- ent may transmit the statement required by paragraph (g)(1) of this section to the payor of record with other information, including other information returns, as permitted by applicable revenue proce- dures. (5) Time and place for furnishing state- ment. An interest recipient must furnish a statement required by paragraph (g)(1) of this section to the payor of record on or before January 31 of the year following the calendar year for which it receives the interest. The interest recipient will be con- sidered to have furnished the statement to the payor of record if it mails the state- ment to the payor of record’s last known address. (h) Applicability date. This section applies to calendar years beginning after December 31, 2024, and before January 1, 2029. PART 301—PROCEDURE AND ADMINISTRATION Par. 4. The authority citation for part 301 continues to read in part as follows: Authority: 26 U.S.C. 7805 * * * * * Par. 5. Section 301.6011-2 is amended by revising paragraph (b)(1) to read as fol- lows: §301.6011-2 Required use of electronic form. * * * * * (b) * * * (1) If the use of Form 1042–S, Form 1094 series, Form 1095–B, Form 1095– C, Form 1097–BTC, Form 1098, Form 1098–C, Form 1098–E, Form 1098–Q, Form 1098–T, a Form to report infor- mation required under section 6050AA, Form 1099 series, Form 3921, Form 3922, Form 5498 series, Form 8027, or Form W–2G is required by the applicable regulations or revenue procedures for the purpose of making an information return, the information required by the form must be submitted electronically, except as oth- erwise provided in paragraph (c) of this section. Returns filed electronically must be made in accordance with applicable revenue procedures, publications, forms, or instructions. * * * * * Par. 6. Section 301.6721-1 is amended by: 1. Revising paragraphs (h)(3)(xxvi) and (xxvii); 2. Adding paragraph (h)(3)(xxviii); and 3. Revising paragraph (j)(2). The additions and revision read as fol- lows: §301.6721-1 Failure to file correct information returns. * * * * * (h) * * * (3) * * * (xxvi) Section 6050Y (relating to returns relating to certain life insurance contract transactions); (xxvii) Section 6050Z (relating to reports relating to long-term care pre- mium statements); or (xxviii) Section 6050AA (relating to returns relating to QPVLI received in trade or business from individuals). * * * * * (j) * * * (2) Exceptions. (i) Paragraph (h)(2)(xii) of this section applies with respect to information returns required to be filed after September 17, 2024. (ii) Paragraph (h)(2)(xxviii) of this sec- tion applies with respect to information returns required to be filed for taxable years beginning after December 31, 2024, and before January 1, 2029. Par. 7. Section 301.6722-1 is amended by: 1. Revising paragraphs (e)(2)(xxxvii) and (xxxviii); 2. Adding paragraph (e)(2)(xxxix); and 3. Revising paragraph (g)(2). The additions and revision read as fol- lows: §301.6722-1 Failure to furnish correct payee statements. * * * * * (e) * * * (2) * * * (xxxvii) Section 6226(a)(2) (regard- ing statements relating to alternative to payment of imputed underpayment by a partnership) or under any other provision of this title 26 that provides for the appli- cation of rules similar to section 6226(a) (2); (xxxviii) Section 6050Z (relating to reports relating to long-term care pre- mium statements); or (xxxix) Section 6050AA (relating to returns relating to QPVLI received in trade or business from individuals). * * * * * (g) * * * (2) Exceptions. (i) Paragraph (e)(2)(xxxv) of this sec- tion applies with respect to payee state- ments required to be furnished after Sep- tember 17, 2024. (ii) Paragraph (e)(2)(xxxix) of this sec- tion applies with respect to payee state- ments required to be furnished for taxable years beginning after December 31, 2024, and before January 1, 2029. Frank J. Bisignano, Chief Executive Officer. (Filed by the Office of the Federal Register Decem- ber 31, 2025, 8:45 a.m., and published in the issue of the Federal Register for January 2, 2026, 91 FR 67) Bulletin No. 2026–5 i January 26, 2026 Definition of Terms Revenue rulings and revenue procedures (hereinafter referred to as “rulings”) that have an effect on previous rulings use the following defined terms to describe the effect: Amplified describes a situation where no change is being made in a prior pub- lished position, but the prior position is being extended to apply to a variation of the fact situation set forth therein. Thus, if an earlier ruling held that a principle applied to A, and the new ruling holds that the same principle also applies to B, the earlier ruling is amplified. (Compare with modified, below). Clarified is used in those instances where the language in a prior ruling is being made clear because the language has caused, or may cause, some confu- sion. It is not used where a position in a prior ruling is being changed. Distinguished describes a situation where a ruling mentions a previously pub- lished ruling and points out an essential difference between them. Modified is used where the substance of a previously published position is being changed. Thus, if a prior ruling held that a principle applied to A but not to B, and the new ruling holds that it applies to both A and B, the prior ruling is modified because it corrects a published position. (Compare with amplified and clarified, above). Obsoleted describes a previously pub- lished ruling that is not considered deter- minative with respect to future transactions. This term is most commonly used in a ruling that lists previously published rulings that are obsoleted because of changes in laws or regulations. A ruling may also be obsoleted because the substance has been included in regulations subsequently adopted. Revoked describes situations where the position in the previously published ruling is not correct and the correct position is being stated in a new ruling. Superseded describes a situation where the new ruling does nothing more than restate the substance and situation of a previously published ruling (or rulings). Thus, the term is used to republish under the 1986 Code and regulations the same position published under the 1939 Code and regulations. The term is also used when it is desired to republish in a single ruling a series of situations, names, etc., that were previously published over a period of time in separate rulings. If the new ruling does more than restate the sub- stance of a prior ruling, a combination of terms is used. For example, modified and superseded describes a situation where the substance of a previously published ruling is being changed in part and is continued without change in part and it is desired to restate the valid portion of the previously published ruling in a new ruling that is self contained. In this case, the previously published ruling is first modified and then, as modified, is superseded. Supplemented is used in situations in which a list, such as a list of the names of countries, is published in a ruling and that list is expanded by adding further names in subsequent rulings. After the original ruling has been supplemented several times, a new ruling may be published that includes the list in the original ruling and the additions, and supersedes all prior rul- ings in the series. Suspended is used in rare situations to show that the previous published rul- ings will not be applied pending some future action such as the issuance of new or amended regulations, the outcome of cases in litigation, or the outcome of a Service study. Abbreviations The following abbreviations in current use and formerly used will appear in material published in the Bulletin. A—Individual. Acq.—Acquiescence. B—Individual. BE—Beneficiary. BK—Bank. B.T.A.—Board of Tax Appeals. C—Individual. C.B.—Cumulative Bulletin. CFR—Code of Federal Regulations. CI—City. COOP—Cooperative. Ct.D. —Court Decision. CY—County. D—Decedent. DC—Dummy Corporation. DE—Donee. Del. Order—Delegation Order. DISC—Domestic International Sales Corporation. DR—Donor. E—Estate. EE—Employee. E.O.—Executive Order. ER—Employer. ERISA—Employee Retirement Income Security Act. EX—Executor. F—Fiduciary. FC—Foreign Country. FICA—Federal Insurance Contributions Act. FISC—Foreign International Sales Company. FPH—Foreign Personal Holding Company. F.R.—Federal Register. FUTA—Federal Unemployment Tax Act. FX—Foreign corporation. G.C.M.—Chief Counsel’s Memorandum. GE—Grantee. GP—General Partner. GR—Grantor. IC—Insurance Company. I.R.B.—Internal Revenue Bulletin. LE—Lessee. LP—Limited Partner. LR—Lessor. M—Minor. Nonacq.—Nonacquiescence. O—Organization. P—Parent Corporation. PHC—Personal Holding Company. PO—Possession of the U.S. PR—Partner. PRS—Partnership. PTE—Prohibited Transaction Exemption. Pub. L.—Public Law. REIT—Real Estate Investment Trust. Rev. Proc.—Revenue Procedure. Rev. Rul.—Revenue Ruling. S—Subsidiary. S.P.R.—Statement of Procedural Rules. Stat.—Statutes at Large. T—Target Corporation. T.C.—Tax Court. T.D.—Treasury Decision. TFE—Transferee. TFR—Transferor. T.I.R.—Technical Information Release. TP—Taxpayer. TR—Trust. TT—Trustee. U.S.C.—United States Code. X—Corporation. Y—Corporation. Z—Corporation. January 26, 2026 ii Bulletin No. 2026–5 Numerical Finding List 1 Bulletin 2026–5 Announcements: 2026-01, 2026-04 I.R.B. 402 2026-02, 2026-05 I.R.B. 447 Notices: 2026-2, 2026-02 I.R.B. 304 2026-3, 2026-02 I.R.B. 307 2026-5, 2026-02 I.R.B. 309 2026-6, 2026-02 I.R.B. 313 2026-1, 2026-04 I.R.B. 365 2026-8, 2026-04 I.R.B. 368 2026-10, 2026-04 I.R.B. 378 Proposed Regulations: REG-101952-24, 2026-03 I.R.B. 345 REG-110519-25, 2026-03 I.R.B. 353 REG-132251-11; REG-134219-08, 2026-03 I.R.B. 358 REG-103430-24, 2026-05 I.R.B. 447 REG-112829-25, 2026-05 I.R.B. 452 REG-113515-25, 2026-05 I.R.B. 455 Revenue Procedures: 2026-1, 2026-01 I.R.B. 1 2026-2, 2026-01 I.R.B. 119 2026-3, 2026-01 I.R.B. 143 2026-4, 2026-01 I.R.B. 160 2026-5, 2026-01 I.R.B. 258 2026-6, 2026-02 I.R.B. 314 2026-7, 2026-02 I.R.B. 316 2026-8, 2026-04 I.R.B. 380 2026-9, 2026-04 I.R.B. 393 2026-10, 2026-04 I.R.B. 394 Revenue Rulings: 2026-1, 2026-02 I.R.B. 299 2026-2, 2026-03 I.R.B. 342 Treasury Decisions: 10042, 2026-03 I.R.B. 320 10041, 2026-04 I.R.B. 360 10039, 2026-05 I.R.B. 403 10040, 2026-05 I.R.B. 416 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2025–27 through 2025–52 is in Internal Revenue Bulletin 2024–52, dated December 22, 2024. Bulletin No. 2026–5 iii January 26, 2026 Finding List of Current Actions on Previously Published Items 1 Bulletin 2026–5 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2025–27 through 2025–52 is in Internal Revenue Bulletin 2024–52, dated December 22, 2024. Internal Revenue Service Washington, DC 20224 Official Business Penalty for Private Use, $300 INTERNAL REVENUE BULLETIN The Introduction at the beginning of this issue describes the purpose and content of this publication. The weekly Internal Revenue Bulletins are available at www.irs.gov/irb/. We Welcome Comments About the Internal Revenue Bulletin If you have comments concerning the format or production of the Internal Revenue Bulletin or suggestions for improving it, we would be pleased to hear from you. You can email us your suggestions or comments through the IRS Internet Home Page www.irs.gov) or write to the Internal Revenue Service, Publishing Division, IRB Publishing Program Desk, 1111 Constitution Ave. NW, IR-6230 Washington, DC 20224.
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