On July 17, 2019, the US Internal Revenue Service (IRS) issued final regulations (T.D. 9872) providing guidance on the rules under Internal Revenue Code (IRC) section 50(d)(5) that require an income inclusion by the lessee in the so-called “pass-through lease” structure used with investment tax credit property. The final regulations adopt, without change, the proposed regulations issued in July 2016. Read about the final regulations in this Mayer Brown Legal Update, which discusses the IRS’ and Treasury’s response to taxpayer comments and modifications made by the final regulations to Revenue Procedure 2014-12, the safe harbor for transactions involving IRC section 47 rehabilitation credits.
