us-irs-notices-irb-2026-38-pdf•Internal Revenue Bulletin 2026-38 (PDF rendition): IRS Notices
Internal Revenue Bulletin 2026-38 (PDF rendition): IRS Notices
us-irs-notices-irb-2026-38-pdfInternal Revenue Bulletin 2026-38 (PDF rendition): IRS NoticesGuidance
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Bulletin No. 2026–38 September 14, 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. EMPLOYEE PLANS Notice 2026-51, page 314. This notice sets forth updates on the corporate bond monthly yield curve, the corresponding spot segment rates for July 2026 used under § 417(e)(3)(D), the 24-month aver- age segment rates applicable for August 2026, and the 30-year Treasury rates, as reflected by the application of § 430(h)(2)(C)(iv). REG-107855-25, page 333. These proposed regulations would revise procedures under § 1.430(d)-1 for determining the target normal cost and fund- ing target as part of calculating the minimum required con- tributions for most single-employer defined benefit pension plans. These proposed regulations address which plan terms are taken into account in the actuarial valuation of a plan for a plan year, and what “plan-related expenses” must be included in determining the minimum required contribution for the plan year. The proposed regulations would also make other minor amendments to conform this regulation to changes in other regulations. INCOME TAX CC-00349938-26, page 317. The proposed regulations would provide guidance regarding eligible investments, which are the only assets in which Trump account funds may be invested before the first day of the cal- endar year in which the account beneficiary attains age 18. The proposed regulations would affect account beneficiaries and trustees of Trump accounts. REG-117130-25, page 343. These proposed regulations provide for the exclusion of certain income from the calculation of deduction eligible income for the deduction of foreign-derived deduction eligi- ble income. REG-119882-25, page 355. These proposed regulations would provide that the refunded portion of certain refundable Federal income tax credits available to individuals is a “Federal public benefit” under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) that cannot be paid to aliens who are not qualified aliens under PRWORA. These regulations would affect taxpayers claiming the adoption tax credit, the American opportunity tax credit, the child tax credit, and the earned income credit. This document also provides public notice of changes regarding eligibility for the refunded portion of such Federal income tax credits under PRWORA. Finding Lists begin on page ii. 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. September 14, 2026 Bulletin No. 2026–38 Part III Update for Weighted Average Interest Rates, Yield Curves, and Segment Rates Notice 2026-51 This notice provides guidance on the corporate bond monthly yield curve, the corresponding spot segment rates used under § 417(e)(3), and the 24-month aver- age segment rates under § 430(h)(2) of the Internal Revenue Code. In addition, this notice provides guidance as to the inter- est rate on 30-year Treasury securities under § 417(e)(3)(A)(ii)(II) as in effect for plan years beginning before 2008 and the 30-year Treasury weighted average rate under § 431(c)(6)(E)(ii)(I). YIELD CURVE AND SEGMENT RATES Section 430 specifies the minimum funding requirements that apply to sin- gle-employer plans (except for CSEC plans under § 414(y)) pursuant to § 412. Section 430(h)(2) specifies the interest rates that must be used to determine a plan’s target normal cost and funding target. Under this provision, present value is generally determined using three 24-month average interest rates (“segment rates”), each of which applies to cash flows during speci- fied periods. To the extent provided under § 430(h)(2)(C)(iv), these segment rates are adjusted by the applicable percentage of the 25-year average segment rates for the period ending September 30 of the year preceding the calendar year in which the plan year begins. 1 However, an elec- tion may be made under § 430(h)(2)(D) (ii) to use the monthly yield curve in place of the segment rates. Section 1.430(h)(2)-1(d) provides rules for determining the monthly cor- porate bond yield curve, and § 1.430(h) (2)-1(c) provides rules for determining the 24-month average corporate bond segment rates used to compute the target normal cost and the funding target. Con- sistent with the methodology specified in § 1.430(h)(2)-1(d), the monthly corporate bond yield curve derived from July 2026 data is in Table 2026-7 at the end of this notice. The spot first, second, and third segment rates for the month of July 2026 are, respectively, 4.62, 5.62, and 6.51. The 24-month average segment rates determined under § 430(h)(2)(C)(i) through (iii) must be adjusted pursuant to § 430(h)(2)(C)(iv) to be within the appli- cable minimum and maximum percent- ages of the corresponding 25-year aver- age segment rates. Those percentages are 95% and 105% for plan years beginning in 2025 and 2026. For this purpose, any 25-year average segment rate that is less than 5% is deemed to be 5%. The 25-year average segment rates for plan years beginning in 2025 and 2026 were pub- lished in Notice 2024-67, 2024-41 I.R.B. 726 and Notice 2025-47, 2025-40 I.R.B. 441, respectively. 24-MONTH AVERAGE CORPORATE BOND SEGMENT RATES The three 24-month average corporate bond segment rates applicable for August 2026 without adjustment for the 25-year average segment rate limits are as follows: 24-Month Average Segment Rates Without 25-Year Average Adjustment Applicable Month First Segment Second Segment Third Segment August 2026 4.35 5.28 5.96 The adjusted 24-month average seg- ment rates set forth in the chart below reflect § 430(h)(2)(C)(iv) of the Code. The 24-month averages applicable for August 2026, adjusted to be within the applicable minimum and maximum percentages of the corresponding 25-year average seg- ment rates in accordance with § 430(h)(2) (C)(iv), are as follows: Adjusted 24-Month Average Segment Rates For Plan Years Beginning InApplicable MonthFirst SegmentSecond SegmentThird Segment 2025August 20264.755.285.96 2026August 20264.755.255.96 30-YEAR TREASURY SECURITIES INTEREST RATES Section 431 specifies the minimum funding requirements that apply to multi- employer plans pursuant to § 412. Section 431(c)(6)(B) specifies a minimum amount for the full-funding limitation described in § 431(c)(6)(A), based on the plan’s current liability. Section 431(c)(6)(E)(ii)(I) pro- vides that the interest rate used to calculate current liability for this purpose must be no more than 5 percent above and no more than 10 percent below the weighted aver- age of the rates of interest on 30-year Trea- 1 Pursuant to § 433(h)(3)(A), the third segment rate determined under § 430(h)(2)(C) is used to determine the current liability of a CSEC plan (which is used to calculate the minimum amount of the full funding limitation under § 433(c)(7)(C)). September 14, 2026 314 Bulletin No. 2026–38 sury securities during the four-year period ending on the last day before the beginning of the plan year. Notice 88-73, 1988-2 C.B. 383, provides guidelines for determining the weighted average interest rate. The rate of interest on 30-year Treasury securities for July 2026 is 5.10 percent. The Service determined this rate as the average of the daily determinations of yield on the 30-year Treasury bond maturing in May 2056. For plan years beginning in August 2026, the weighted average of the rates of interest on 30-year Treasury securities and the permis- sible range of rates used to calculate current liability are as follows: Treasury Weighted Average Rates For Plan Years Beginning In30-Year Treasury Weighted AveragePermissible Range 90% to 105% August 20264.594.13 to 4.82 MINIMUM PRESENT VALUE SEGMENT RATES In general, the applicable interest rates under § 417(e)(3)(D) are segment rates computed without regard to a 24-month average. Section 1.417(e)-1(d)(3) pro- vides guidelines for determining the min- imum present value segment rates. Pursu- ant to that section, the minimum present value segment rates determined for July 2026 are as follows: Minimum Present Value Segment Rates Month First Segment Second Segment Third Segment July 2026 4.62 5.62 6.51 DRAFTING INFORMATION The principal author of this notice is Tom Morgan of the Office of Associ- ate Chief Counsel (Employee Benefits, Exempt Organizations, and Employment Taxes). However, other personnel from the IRS participated in the development of this guidance. For further information regarding this notice, contact Mr. Morgan at 202-317-6700 or Tony Montanaro at 626-927-1475 (not toll-free calls). Bulletin No. 2026–38 315 September 14, 2026 September 14, 2026 316 Bulletin No. 2026–38 Table 2026-7 Monthly Yield Curve for July 2026 Derived from July 2026 Data MaturityYieldMaturityYieldMaturityYieldMaturityYieldMaturityYield 0.54.1620.56.0940.56.5660.56.6880.56.74 1.04.3321.06.1141.06.5661.06.6881.06.74 1.54.4721.56.1341.56.5761.56.6881.56.74 2.04.5822.06.1642.06.5762.06.6882.06.74 2.54.6622.56.1842.56.5862.56.6982.56.74 3.04.7223.06.2043.06.5863.06.6983.06.74 3.54.7623.56.2243.56.5863.56.6983.56.74 4.04.7924.06.2444.06.5964.06.6984.06.75 4.54.8324.56.2644.56.5964.56.6984.56.75 5.04.8825.06.2845.06.5965.06.6985.06.75 5.54.9325.56.3045.56.6065.56.7085.56.75 6.04.9826.06.3246.06.6066.06.7086.06.75 6.55.0426.56.3446.56.6066.56.7086.56.75 7.05.1027.06.3547.06.6167.06.7087.06.75 7.55.1627.56.3747.56.6167.56.7087.56.75 8.05.2228.06.3948.06.6168.06.7088.06.75 8.55.2828.56.4048.56.6268.56.7188.56.75 9.05.3429.06.4149.06.6269.06.7189.06.76 9.55.4029.56.4249.56.6269.56.7189.56.76 10.05.4530.06.4350.06.6370.06.7190.06.76 10.55.5130.56.4450.56.6370.56.7190.56.76 11.05.5531.06.4551.06.6371.06.7191.06.76 11.55.6031.56.4651.56.6471.56.7191.56.76 12.05.6432.06.4652.06.6472.06.7292.06.76 12.55.6832.56.4752.56.6472.56.7292.56.76 13.05.7233.06.4853.06.6473.06.7293.06.76 13.55.7633.56.4853.56.6573.56.7293.56.76 14.05.7934.06.4954.06.6574.06.7294.06.76 14.55.8234.56.5054.56.6574.56.7294.56.76 15.05.8535.06.5055.06.6575.06.7295.06.77 15.55.8735.56.5155.56.6675.56.7395.56.77 16.05.9036.06.5156.06.6676.06.7396.06.77 16.55.9236.56.5256.56.6676.56.7396.56.77 17.05.9537.06.5257.06.6677.06.7397.06.77 17.55.9737.56.5357.56.6677.56.7397.56.77 18.05.9938.06.5358.06.6778.06.7398.06.77 18.56.0138.56.5458.56.6778.56.7398.56.77 19.06.0339.06.5459.06.6779.06.7399.06.77 19.56.0539.56.5559.56.6779.56.7499.56.77 20.06.0740.06.5560.06.6880.06.74100.06.77 Bulletin No. 2026–38 317 September 14, 2026 Part IV Notice of Proposed Rulemaking Guidance on Eligible Investments for Trump Accounts CC-00349938-26 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemak- ing. SUMMARY: This document contains proposed regulations relating to Trump accounts. The proposed regulations would provide guidance regarding eligi- ble investments, which are the only assets in which Trump account funds may be invested before the first day of the calen- dar year in which the account beneficiary attains age 18. The proposed regulations would affect account beneficiaries and trustees of Trump accounts. DATES: Written or electronic comments and requests for a public hearing must be received by October 20, 2026. ADDRESSES: Commenters are strongly encouraged to submit public comments electronically via the Federal eRulemak- ing Portal at https://www.regulations.gov (indicate IRS and CC-00349938-26) by following the online instructions for sub- mitting comments. In accordance with 5 U.S.C. 553(b)(4), a summary of this pro- posed rule is also available on the Federal eRulemaking Portal. Requests for a public hearing must be submitted as prescribed in the “Comments and Requests for a Public Hearing” section. 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 sub- mitted to the IRS’s public docket. Send paper submissions to: CC:PA:01:PR (CC- 00349938-26), room 5503, Internal Reve- nue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044. FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, Justin R. Karlin at (202) 317- 6842; concerning submissions of com- ments or a public hearing, the Publications and Regulations Section at (202) 317- 6091 (not toll-free numbers) or by email at publichearings@irs.gov (preferred). SUPPLEMENTARY INFORMATION: Authority This document contains proposed reg- ulations under section 530A of the Inter- nal Revenue Code (Code) that would amend the Income Tax Regulations (26 CFR part 1). The proposed regulations are issued under the express delegation of authority provided in section 530A(b) (3)(A)(iv), which authorizes the Secretary of the Treasury or the Secretary’s delegate (Secretary) to specify criteria (in addition to those listed in section 530A(b)(3)(A)) that a mutual fund or exchange traded fund must meet to be an eligible invest- ment. The proposed regulations are also issued under the express delegation of authority under section 530A(g)(3), which provides that in selecting the trustee of a Trump account created or organized by the Secretary, the Secretary shall take into account the costs imposed by the trustee on the account or the account ben- eficiary. Finally, the proposed regulations are issued under the express delegation of authority under 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 I. Statutory provisions Section 70204 of Public Law 119-21, 139 Stat. 72 (July 4, 2025), commonly referred to as the One, Big, Beautiful Bill Act, added new sections 530A, 128, and 6434 to the Code. Section 530A provides for the establishment of a Trump account for an eligible individual. Section 128 pro- vides rules for employer contributions to a Trump account. Section 6434 provides rules for a one-time $1,000 pilot program contribution by the Secretary to the Trump account of an eligible child with respect to whom an election is made under section 6434. A Trump account is an individual retire- ment account (as defined in section 408(a)) (IRA) not designated as a Roth IRA that is established for the exclusive benefit of an eligible individual (as defined in section 530A(b)(2)) or such eligible individual’s beneficiaries under section 530A. Special rules apply to the Trump account during the period that begins when an initial Trump account is first established for an account beneficiary (as defined in section 530A(b)(4)) and ends on December 31 of the calendar year in which the account beneficiary reaches the age of 17 (the growth period). The special rules concern contributions, investments, distributions, and reporting. After the growth period, most of the special rules no longer apply, and the rules under section 408 governing traditional IRAs generally apply. The definition of a Trump account in section 530A(b)(1)(C)(iii) provides that the written governing instrument creat- ing the Trump account must meet several requirements, one of which is that no part of the account funds will be invested in any asset other than an eligible investment during the growth period. Section 530A(b)(3)(A) provides that the term eligible investment means any mutual fund or exchange traded fund that tracks the returns of a qualified index, does not use leverage, does not have annual fees and expenses of more than 0.1 percent of the balance of the investment in the fund, and meets such other criteria as the Secretary determines appropriate for purposes of section 530A. Section 530A(b)(3)(B) provides that the term qualified index means the Stan- dard and Poor’s 500 stock market index, or any other index that is comprised of equity investments in primarily United September 14, 2026 318 Bulletin No. 2026–38 States (U.S.) companies, and for which regulated futures contracts (as defined in section 1256(g)(1)) are traded on a quali- fied board or exchange (as defined in sec- tion 1256(g)(7)). Section 530A(b)(3)(B) provides that such term shall not include any industry or sector-specific index, but may include an index based on market capitalization. II. Published guidance Notice 2025-68, 2025-52 IRB 856, informed taxpayers that the Treasury Department and the IRS intend to pro- pose regulations on Trump accounts. The notice described guidance expected to be included in the proposed regulations in the form of answers to specific ques- tions, including questions about eligible investments. Notice 2025-68 requested comments, with a comment period that ended February 20, 2026, and comments received in response to the notice are dis- cussed below. On March 9, 2026, the Treasury Department and the IRS published a notice of proposed rulemaking (REG- 117270-25) in the Federal Register (91 FR 11194) on the general requirements for Trump accounts, certain definitions relating to Trump accounts, rules regard- ing the election to open an initial Trump account, and rules regarding the respon- sible party for the initial Trump account. On the same day, the Treasury Department and the IRS also published a notice of pro- posed rulemaking (REG-117002-25) in the Federal Register (91 FR 11203) on making an election under section 6434 for the Trump account of an eligible child to receive a $1,000 pilot program con- tribution. This document proposes rules regarding eligible investments that imple- ment section 530A(b)(1)(C)(iii) and (b) (3). The Treasury Department and the IRS anticipate proposing other rules under sec- tion 530A at a future date. Explanation of Provisions Proposed § 1.530A-3 would pro- vide guidance relating to eligible invest- ments for Trump accounts. The guidance includes proposed definitions related to eligible investments, rules for determin- ing whether an investment is an eligible investment, and rules on how a trustee 1 of a Trump account ensures that a Trump account meets requirements concerning eligible investments. I. Determining whether an investment is an eligible investment Proposed § 1.530A-3(b) would pro- vide definitions of terms for purposes of section 530A(b)(1)(C)(iii) and (b)(3). The definitions of eligible investment in proposed § 1.530A-3(b)(1) and quali- fied index in proposed § 1.530A-3(b)(5) restate the definitions in section 530A(b) (3)(A) and (B). A. Form of entity Under section 530A(b)(3)(A), an eli- gible investment must be either a mutual fund or an exchange traded fund (ETF). Neither mutual fund nor ETF is defined in the Code. Notice 2025-68, in question and answer (Q&A) D-1, contained definitions of both terms intended to be consistent with their ordinary meanings. One stakeholder recommended that the definition of ETF be revised so that it would include ETF share classes of mutual funds. The Treasury Department and the IRS agree with the recommenda- tion because ETF share classes are within the category of investments ordinarily referred to as ETFs. Under proposed § 1.530A-3(b)(2), an ETF would be defined as a domestic cor- poration (including a regulated invest- ment company (RIC)) that is registered under the Investment Company Act of 1940, Public Law 76-768, 54 Stat. 789 (the 1940 Act), as amended, and that is either (i) an “exchange-traded fund” as defined for purposes of the 1940 Act in 17 C.F.R. § 270.6c-11(a)(1) or (ii) an entity that operates in substantially the same manner as an exchange-traded fund but that is not described in 17 C.F.R. § 270.6c-11(a)(1), such as a unit invest- ment trust or ETF share class of a mutual fund operating as an ETF under exemp- tive relief granted by the Securities and Exchange Commission. Like Notice 2025-68, proposed § 1.530A-3(b)(4) would provide that the term mutual fund means a domestic cor- poration (including a RIC) that is regis- tered under the 1940 Act as an open-end company (as defined in 15 U.S.C. § 80a- 5(a)(1)) and that is not an ETF. Proposed § 1.530A-3(b)(3) would define the term investment fund to mean a mutual fund or an ETF. B. Tracks the returns of a qualified index Section 530A(b)(3)(A)(i) provides that, to be an eligible investment, a mutual fund or ETF must track the returns of a qualified index. Notice 2025- 68 (Q&A D-2) stated that a mutual fund or ETF tracks the returns of an index if its investment objective is to provide investment results that, before fees and expenses, replicate the performance of the index, and the fund holds investments that are reasonably expected to accom- plish that objective (by, for example, holding shares of all of the stocks that are constituents of the index in proportion to their weightings). A stakeholder recommended that guidance emphasize that the standard is a requirement to seek to replicate index returns, rather than to eliminate all devi- ations of fund performance from index performance. The Treasury Department and the IRS confirm that the reference to the fund’s objective is intended to require a fund to seek to replicate the returns of an index. The stakeholder also recommended clarifying that an investment fund intend- ing to replicate the returns of an index is not always required to hold all the under- lying stocks included in its chosen index. An investment fund may hold less than all of the components of an index and still closely track the index’s returns. The Treasury Department and the IRS agree that tracking the returns of an index does not require holding each component of the index. The example in the notice was illustrative and not an additional require- ment, and proposed § 1.530A-3(c)(1) would acknowledge the possibility of tracking the returns of an index by holding less than all of its components. 1 A reference to a trustee includes a custodian of an IRA that is a section 408(h) custodial account. Bulletin No. 2026–38 319 September 14, 2026 Notice 2025-68 (Q&A D-2) also described investment objectives and strat- egies that are not consistent with tracking the returns of an index: an objective to provide investment results inverse to the performance of the index or a strategy to outperform or perform differently from the index. As examples of the latter, the notice described funds that increase or decrease exposure to some index constituents based on the judgment of advisors, or that hold assets in some or all market conditions intended to decrease or increase the vol- atility, risk, or current income associated with the index. Stakeholders have asked whether actively managed investment funds pur- suing a strategy other than seeking to replicate the performance of a particular index can be eligible investments. Invest- ing Trump account funds in an investment fund that does not track the returns of an index would be directly contrary to sec- tion 530A(b)(3)(A)(i). These proposed regulations would follow section 530A(b) (3)(A)(i), under which an investment fund that is actively managed is not an eligible investment. One stakeholder expressed concern that the discretion exercised by managers or advisors of typical index funds would prevent those funds from being eligible investments under the standards described in the notice. Managers or advisors exer- cise discretion in pursuing their objective to replicate the returns of an index, includ- ing determining which index components to hold and when to execute trades. The stakeholder suggested that the language of the notice describing increased or decreased exposure to index constituents based on the judgment of advisors might be read as disqualifying an investment based on these or similar exercises of dis- cretion. The Treasury Department and the IRS acknowledge this concern. Accord- ingly, proposed § 1.530A-3(c)(2) would exclude the reference to the discretion of advisors, so that advisors can make nec- essary decisions in pursuit of a fund’s objective to replicate the performance of an index. The stakeholder also suggested that the reference to strategies used to “outper- form” an index be eliminated as unneces- sary in light of the more general reference to strategies used to “perform differently” from the index. The word “outperform” is intended to clarify that an objective to per- form differently from an index includes an objective to outperform the index. There- fore, the proposed regulations do not reflect this suggestion. One stakeholder asked for clarification regarding whether an investment fund may engage in securities lending to gen- erate additional income while still being considered to track the returns of an index. Income from securities lending may be viewed as inconsistent with the general principle in proposed § 1.530A-3(c)(2) that an eligible investment may not use a strategy to perform differently from the relevant index, because securities lending generally increases the current income of the fund. Securities lending, however, appears to be consistent with the language and purposes of section 530A(b)(3). The statute does not mention securities lend- ing, but securities lending by investment funds is common. Moreover, an investment fund may engage in securities lending in a way that allows the fund to retain all of the eco- nomic benefits and burdens associated with the affected security. Section 1058(b) describes conditions under which a secu- rities lending transaction is treated as a nonrecognition transaction to the lender. An investment fund that engages in secu- rities lending continues to provide inves- tors with passive participation in the per- formance of the index, so long as the fund retains its economic exposure to the secu- rities lent. Therefore, proposed § 1.530A- 3(c)(3) would provide, as an exception to the general rule in proposed § 1.530A- 3(c)(2), that an investment fund does not fail to track the returns of an index because the investment fund engages in securities lending transactions so long as the fund retains full economic exposure to the securities lent. Stakeholders requested clarification regarding whether a fund of funds may be an eligible investment. A fund of funds is an investment fund that invests in other investment funds (acquired funds). One stakeholder recommended that a fund of funds tracking multiple indices through its acquired funds be treated as tracking the returns of a qualified index. Section 530A(b)(3)(A)(i) requires an eligible investment to track the returns of “a qual- ified index” (emphasis added). A fund of funds that tracks multiple indices is not described in section 530A(b)(3)(A)(i). Providing rules to allow an eligible invest- ment to track multiple indices would also add unnecessary complexity. Therefore, these proposed regulations would not treat any fund, including a fund of funds, that replicates the returns of multiple indices as an eligible investment. However, noth- ing in these proposed regulations would preclude a fund of funds from being an eligible investment if it tracks a single index and meets all of the other require- ments in section 530A(b)(3). C. Does not use leverage Section 530A(b)(3)(A)(ii) provides that, to be an eligible investment, a mutual fund or ETF must not use leverage. Notice 2025-68 (Q&A D-3) stated that a mutual fund or ETF is considered to use leverage if, as a result of the fund’s use of borrow- ings, derivatives, or other strategies that are economically equivalent to borrow- ings, a percentage change in the level of an index tends to cause a materially greater percentage change in the value of the fund’s portfolio. A stakeholder suggested that the lever- age standard is unnecessary, because any fund using leverage as described in Q&A D-3 would also be failing to track the returns of an index under Q&A D-2. The stakeholder also explained that investment funds may use borrowing or their equiva- lents to gain efficient exposure to only a portion of the underlying index and that this practice, if assessed in isolation, may lead to material variations in the portfo- lio as compared to the performance of the underlying index. The stakeholder suggested that leverage should disqualify an investment fund only if the fund’s bor- rowings or economic equivalents in their totality is inconsistent with the fund’s investment objective of seeking to track the returns of a qualified index. The Treasury Department and the IRS recognize that the requirements in section 530A(b)(3)(A) to track the returns of an index and not to use leverage are closely related, and that in Notice 2025-68, the standard for leverage (Q&A D-3) substan- tially overlaps with the standard for track- ing the returns of an index (Q&A D-2). September 14, 2026 320 Bulletin No. 2026–38 The alternative standard proposed by the stakeholder, however, would deprive the leverage provision of any significance because any fund excluded for use of leverage under that alternative standard would also be excluded for not tracking the returns of a qualified index. The Trea- sury Department and the IRS, however, agree with the stakeholder that the stat- utory exclusion of funds using leverage should not be read to restrict the trans- actions that regular index funds (those not seeking to multiply or magnify index changes) typically use to gain efficient exposure to an index. The statutory exclu- sion of investment funds that use leverage should be read to exclude the higher-risk leveraged funds that are less suitable for many Trump account beneficiaries. There- fore, these proposed regulations would define leverage by reference to increased risk. Proposed § 1.530A-3(d)(1) would provide that an investment fund is con- sidered to use leverage if the fund uses borrowings, derivatives, or other strat- egies that are economically equivalent to borrowings in a way that materially increases the risk of loss associated with an investment in the investment fund. Under this standard, as under Notice 2025-68, an investment fund uses lever- age if, as a result of borrowings or deriv- atives or another economic equivalent, a change in the level of the index the returns of which the fund seeks to rep- licate tends to cause a materially greater proportional change in the net value of the fund’s portfolio. Consistent with the stakeholder’s recommendation, this stan- dard requires an inquiry into risk associ- ated with the fund as a whole and not one transaction in isolation. Notice 2025-68 explained that bor- rowings and derivatives not entered into to multiply or magnify index returns gen- erally would not be treated as leverage. The notice included as examples borrow- ings to provide liquidity for redemptions or for purchases of portfolio securities in connection with investment flows into the fund, and entering into derivatives as part of a fund’s strategy to replicate the perfor- mance of an index. Like Notice 2025-68, these proposed regulations would describe uses of bor- rowings and derivatives that would not be expected to constitute the use of leverage for purposes of section 530A(b)(3)(A)(ii). Under the proposed regulations, however, whether any use of borrowings or deriva- tives constitutes the use of leverage would depend on whether it materially increases risk of loss. Proposed § 1.530A-3(d)(2) would provide that an investment fund is not considered to use leverage merely because it borrows or uses derivatives as part of its strategy to replicate the per- formance of an index, so long as the bor- rowings or derivatives do not materially increase the risk of loss associated with an investment in the investment fund. Thus, an investment fund is not considered to use leverage merely because the fund incurs short-term borrowings to provide liquidity for redemptions or to purchase portfolio securities in connection with investment flows into the fund or because the fund uses derivatives to gain synthetic exposure to certain index components. For an investment fund that engages in securities lending, proposed § 1.530A- 3(d)(2) would provide that the investment fund’s obligation to return collateral to the borrower of the securities is not treated as leverage so long as the investment fund takes appropriate steps to limit the risk of loss with respect to the collateral. To limit the risk of loss with respect to cash collateral, the investment fund must hold the collateral in cash or highly liquid, conservative positions (like money mar- ket funds). To limit the risk of loss with respect to non-cash collateral, the invest- ment fund must not sell the collateral or otherwise use the collateral (for exam- ple, by pledging it) to increase the fund’s exposure to other assets. D. Qualified index Section 530A(b)(3)(B) provides that a qualified index is the Standard and Poor’s 500 stock market index, or any other index that is comprised of equity investments in primarily U.S. companies and for which regulated futures contracts (as defined in section 1256(g)(1)) are traded on a quali- fied board or exchange (as defined in sec- tion 1256(g)(7)). Section 530A(b)(3)(B) also provides that a qualified index does not include any industry or sector-specific index but may include an index based on market capitalization. Q&A D-5 in Notice 2025-68 stated that an index is considered to be comprised of equity investments if the index is com- prised entirely of stocks and similar own- ership interests in the form of partnership or membership interests. Several stakeholders requested guid- ance that would allow an index with debt instruments as components to be a qual- ified index. Section 530A(b)(3)(B)(ii) (I) requires a qualified index to be “com- prised of equity investments in primarily [U.S.] companies.” It is consistent with that statutory language for a qualified index to include some equity investments in non-U.S. companies, but not for a qual- ified index to include components other than equity investments. Accordingly, proposed § 1.530A-3(e)(5) would contain the same all-equity requirement as the notice. One stakeholder recommended that a qualified index include a total-market index. While the term total-market may have different meanings, an index that represents an equity market broadly, including large-cap, mid-cap, and small- cap companies, may be a qualified index if the index meets the requirements in proposed § 1.530A-3(e). (For example, a regulated futures contract on the index must be traded on a qualified board or exchange and the index must be com- prised of equity investments in primarily U.S. companies.) Q&A D-5 stated that a company is a U.S. company if it is domestic under sec- tion 7701(a)(4). It also included a safe har- bor under which an index would be treated as comprised of equity investments in pri- marily U.S. companies if U.S. companies represent at least 90 percent of the index based on their weightings in the index. Stakeholders suggested that the 90-per- cent standard in the safe harbor was a higher threshold than what the statutory language suggests. The Treasury Depart- ment and the IRS note that a variety of provisions in the Code use “primarily” without providing a numerical threshold. A safe harbor provides certainty for some indices, so that the Standard and Poor’s 500 stock market index is not the only index assured of meeting the standard. Thus, proposed § 1.530A-3(e)(7) would retain the 90-percent safe harbor approach of the notice. Bulletin No. 2026–38 321 September 14, 2026 Q&A D-6 in Notice 2025-68 stated that an index is industry-specific or sec- tor-specific if the inclusion of a company depends on the kind of business or indus- try in which the company is engaged. Stakeholders did not comment on that aspect of the qualified index requirement, and proposed § 1.530A-3(e)(2) would provide substantially the same rule. Under proposed § 1.530A-3(e)(1), whether an index is industry-specific or sector-spe- cific would be determined by reference to the index methodology for the index. Proposed § 1.530A-3(e)(1) would require a qualified index to have a publicly avail- able index methodology that describes the criteria for inclusion in the index and the construction of the index. Q&A D-6 also provided that environ- mental, social, and governance (ESG) indices are sector-specific. A stakeholder recommended that an index that has cri- teria for inclusion based on ESG factors not be described as a sector-specific index. The stakeholder explained that describing an ESG index as a sector-specific index may generate confusion about the mean- ing of the term as it is used in other con- texts. The Treasury Department and the IRS acknowledge that describing an ESG index as a sector-specific index could gen- erate confusion about the meaning of the term. Accordingly, proposed § 1.530A- 3(e)(3) would not describe an ESG index as a sector-specific index. Nevertheless, the Treasury Department and the IRS have determined that it is appropriate to exclude investment funds that track ESG indices because they limit exposure to companies in a way that makes them sim- ilar to sector-specific funds. Accordingly, under the authority provided in section 530A(b)(3)(A)(iv), proposed § 1.530A- 3(e)(3) would provide that any invest- ment fund that tracks the returns of an ESG index is not an eligible investment. Proposed § 1.530A-3(e)(3) would further provide that an ESG index includes any index that has, or is marketed as having, a focus on environmental, social, or gover- nance factors. Q&A D-6 also defined an index based on market capitalization, the substance of which would remain unchanged in the proposed regulations. Proposed § 1.530A-3(e)(4) would provide that an index is based on market capitalization if the inclusion of a company in the index depends on the company having a market capitalization within a specified range or over or under a specified threshold, or that meets specified ranking criteria. E. Limit on annual fees and expenses Section 530A(b)(3)(A)(iii) provides that, to be an eligible investment, a mutual fund or ETF must not have annual fees and expenses of more than 0.1 percent of the balance of the investment in the fund. Q&A D-4 in Notice 2025-68 stated that an investment fund would meet the requirements of section 530A(b)(3)(A) (iii) if the sum of its annual fees and its annual expenses is not more than 0.1 per- cent of the value of the fund’s net assets. Q&A D-4 in Notice 2025-68 described a fund’s annual fees as including any annual or recurring fees charged by the fund directly to the investor, as disclosed in a fund’s prospectus. The notice requested comments on the appropriate treatment of fees charged for transactions. A stakeholder recommended that all amounts that are not part of an investment fund’s expense ratio, including transac- tional fees such as sales charges, loads, and redemption fees, be excluded from a fund’s fees and expenses for purposes of section 530A(b)(3)(A)(iii). Excluding all fees is inconsistent with the language in section 530A(b)(3)(A)(iii), which lim- its “fees and expenses.” Both fees and expenses reduce the real returns to inves- tors. Excluding transactional fees appears to be similarly inconsistent with the lan- guage and purposes of section 530A(b) (3)(A)(iii), because an investment fund’s fees may be entirely transactional fees and such fees reduce real returns to investors. Moreover, investment funds can structure their fees in a variety of ways. A rule that excludes some fees from the limit in sec- tion 530A(b)(3)(A)(iii) based on the form of the fees would create an incentive for investment funds to charge or increase that form of fee. Therefore, the limit on fees and expenses should apply to recur- ring fees (as under the notice) and other fees (on which the notice requested com- ments). Proposed § 1.530A-3(f)(1) would pro- vide that an investment fund is not an eli- gible investment if the sum of its annual fees and annual expenses is more than 0.1 percent of the net value of its assets. Amounts charged by investment funds directly to investment fund holders are referred to as fees and addressed in pro- posed § 1.530A-3(f)(2). Amounts borne by investment fund holders indirectly in the form of costs incurred by investment funds are referred to as expenses and addressed in proposed § 1.530A-3(f)(3). Proposed § 1.530A-3(f)(2)(ii) would provide that an investment fund’s fees include all amounts that the fund charges its investment fund holders directly, with- out regard to how such amounts are com- puted, when they are imposed, or how such amounts are referred to in securities filings or marketing materials. Under pro- posed § 1.530A-3(f)(2)(i), the amount of an investment fund’s annual fees would generally be the aggregate amount of fees imposed by the investment fund during the most recent fiscal year (for purposes of the fund’s securities filings) that has appeared in the fund’s prospectus, expressed as a percentage of the investment fund’s aver- age net asset value for that fiscal year. If an investment fund’s prospectus discloses changes to the fund’s fee structure that would increase the annual fee amount, the computation must take into account the change to the fee structure. Q&A D-4 in Notice 2025-68 indicated that annual fees and annual expenses will not include any amount that is paid to a broker or intermediary and that is not specified or imposed by or on behalf of the fund. Stakeholders recommended that guid- ance clarify the treatment of charges not imposed by an investment fund, including custodial fees or fees to cover the adminis- trative and reporting costs associated with a Trump account. One stakeholder pointed out that mutual fund account fees would be treated as fees of the mutual fund, result- ing in differing treatment for mutual funds and ETFs. Another stakeholder requested clarification that amounts paid for advice or planning services are not subject to the 0.1 percent limit. The 0.1 percent limit in section 530A(b) (3)(A)(iii) is part of the definition of an eli- gible investment. The limit does not apply to trustee fees. Therefore, custodial fees or similar charges that are associated with a September 14, 2026 322 Bulletin No. 2026–38 Trump account itself rather than with any particular investment fund are analyzed as trustee fees, which are discussed later in this preamble. If an account beneficiary pays an amount to an advisor for advice on whether to open a Trump account or what investment to select, and the advice and the amount are entirely independent of any investment fund, then the amount is not within the scope of the annual fees of an investment fund. Given the definition of annual fees, a rule specifically exclud- ing an amount having no connection to any fund appears to be unnecessary and more likely to confuse than clarify the definition. A sales load, however, is part of a mutual fund’s annual fees, even though the amount charged may ultimately bene- fit a financial intermediary, because it is a cost of investing in a particular investment fund. Proposed § 1.530A-3(f)(2)(iii) would provide that amounts charged to an account beneficiary by a trustee for pro- viding an account are not treated as part of any investment fund’s annual fees but as trustee fees. A fee charged by a Trump account trustee or financial intermediary for a service, such as carrying out a pur- chase or sale of an investment fund is not considered a part of the investment fund’s fees if the fee is not charged on behalf of or at the direction of the investment fund, is not paid (directly or indirectly) to the investment fund, and is not attributable to any cost of offering the investment fund. See part IV of this Explanation of Provi- sions regarding fees and expenses charged by a Trump account trustee. Q&A D-4 in Notice 2025-68 described a fund’s annual expenses as the amount set forth in its prospectus as total annual operating expenses. Investment funds are already required to compute and report these amounts. A fund’s total annual oper- ating expenses is also used to compute the fund’s expense ratio, which is a metric that is commonly published and referred to in comparing investment funds. No comments were received regarding the approach to annual expenses in the notice, and proposed § 1.530A-3(f)(3) would pro- vide substantially the same rule. Proposed § 1.530A-3(f)(3) would pro- vide certain additional clarifications to aid in the computation of a fund’s total annual operating expenses. These include that if an investment fund’s prospectus lists total operating expenses reduced by fee waivers or expense reimbursements, the reduced amount applies for purposes of section 530A(b)(3)(A)(iii). In addition, proposed § 1.530A-3(f)(3) would provide that if an investment fund has multiple share classes, annual expenses are com- puted separately for each class, based on the expenses and assets allocable to each class. II. Trustee procedures regarding eligible investments Section 530A(b)(1)(C)(iii) provides that the written governing instrument creating a Trump account must meet the requirement that no part of the account funds will be invested in any asset other than an eligible investment during the growth period. Q&A D-7 of Notice 2025-68 stated that a trustee must have procedures in place to monitor and enforce the requirements of section 530A(b)(1)(C)(iii). The Q&A stated that it is not sufficient merely for a written governing instrument of a Trump account to state the prohibition of sec- tion 530A(b)(1)(C)(iii); the trustee must comply with the prohibition. The Q&A stated that the procedures may, but are not required to, be in the written governing instrument. A stakeholder questioned whether there is authority for requiring operational compliance with the eligible investment requirements for Trump accounts. Section 530A(b)(1)(C) imposes limits by refer- ence to the written governing instrument of a Trump account, which cannot be enforced by the IRS. Therefore, the stake- holder suggests any failure by a trustee to follow the written governing instrument is a contractual violation enforceable by the account beneficiary. The Treasury Department and the IRS interpret the language of section 530A(b) (1)(C) as requiring not just specific lan- guage to be contained in the written gov- erning instrument but also as requiring operational compliance with the language set forth in the written governing instru- ment. The trustee is in the best position to ensure that an account meets requirements of section 530A(b)(1)(C), which concern contributions, distributions, and invest- ments. Thus, the trustee must structure its operations to ensure the account meets the requirements. Without such an opera- tional compliance requirement, the writ- ten instrument is not, in fact, the written governing instrument. This approach of requiring operational compliance with Code requirements in the written governing instrument is consistent with how the Treasury Department and the IRS have interpreted statutory rules for section 401(a) plans that, on their face, could be read to suggest only a require- ment that needs to be set forth in a plan document. For example, section 401(a)(9) provides that “[a] trust shall not consti- tute a qualified trust under this subsection unless the plan provides that the entire interest of each employee” will be dis- tributed in accordance with section 401(a) (9)(A) (emphasis added). The Treasury Department and the IRS have interpreted this language as requiring operational compliance in order to maintain qualified plan status under section 401(a). Proposed § 1.530A-3(g) would provide procedures for a trustee to follow to ensure that Trump account funds are invested in accordance with section 530A(b)(1)(C) (iii), including for selection of eligible investments and default eligible invest- ments, situations in which funds tempo- rarily need not be invested in an eligible investment, and monitoring of investment funds. Many of these procedures involve an account beneficiary, who generally will have another person acting on their behalf while they are a minor. Proposed § 1.530A-3(g)(2) would pro- vide that the written governing instrument must include the procedures described in proposed § 1.530A-3(g)(4), (5), and (7). Proposed § 1.530A-3(g)(3) would clarify that if an account does not comply with section 530A(b)(1)(C)(iii), taking into account the flexibility added by proposed § 1.530A-3(g), the account will cease to be a Trump account and cease to be an IRA. Q&A D-7 of Notice 2025-68 also stated that these procedures with respect to the growth period must include at least that the trustee must offer only eligible investments as investment options for a Trump account, and the trustee must select a default eligible investment and must promptly invest any uninvested funds in Bulletin No. 2026–38 323 September 14, 2026 the default eligible investment, unless directed by or on behalf of the account beneficiary to invest the funds in a differ- ent eligible investment. Stakeholders sought clarification regarding default eligible investments, including whether a trustee may have only one default eligible investment, whether any eligible investment may be the default eligible investment, and whether an account beneficiary may specify another eligible investment as the designated eligi- ble investment for that particular account beneficiary. Proposed § 1.530A-3(g)(4)(i) would provide that a trustee must limit invest- ments available for Trump account invest- ments to investment funds that the trustee has determined are eligible investments. Proposed § 1.530A-3(g)(4)(ii) would provide that a trustee must establish for each Trump account under the trustee’s administration a default eligible invest- ment in which all contributions, proceeds from sales or other dispositions, and any other amounts for investment (other than amounts addressed by proposed § 1.530A- 3(g)(4)(iii)) will be invested unless the account beneficiary specifies that the Trump account be invested in a different eligible investment for the contribution or other amount. Proposed § 1.530A-3(g)(4) (ii) also would provide that the default eli- gible investment can be a single eligible investment or a combination of eligible investments in specified proportions, and that the default eligible investment(s) must be clearly disclosed to account beneficia- ries. Proposed § 1.530A-3(g)(4)(ii) would provide that the requirement to establish a default eligible investment does not pre- clude arrangements between a trustee and the account beneficiary that give effect to different preferences on an ongoing basis. Proposed § 1.530A-3(g)(4)(iii) would provide that the trustee of a Trump account must disclose to the account beneficiary how amounts received as dividends or other distributions from eligible invest- ments will be invested unless the account beneficiary gives different instructions regarding the dividends and distributions. For example, amounts received as div- idends and distributions might be rein- vested in the same eligible investments that paid the dividends or other distribu- tions or invested in the Trump account’s default eligible investment. Proposed § 1.530A-3(g)(4)(iii) would also provide that the trustee may give effect to direc- tions from the account beneficiary that a specific distribution, or distributions gen- erally, be invested in a different way that complies with section 530A(b)(1)(C)(iii). Q&A D-8 of Notice 2025-68 stated that, during the growth period, the trust- ee’s procedures may not permit funds in a Trump account to be invested in a money market fund but may permit an amount received as a contribution, a dividend or other distribution from an eligible invest- ment, or an amount received as a result of a disposition (such as sale) of an eligi- ble investment, to be held in cash for the time reasonably necessary to complete the investment of the amount in an eligible investment. Stakeholders recommended that amounts should be permitted to be held in cash for the time reasonably necessary to complete a distribution, rollover, or pay- ment of fees. Proposed § 1.530A-3(g)(5) (i) would provide that a trustee may permit an amount received in a Trump account as cash, such as an amount received as a contribution, proceeds of a sale or other disposition, or a distribution, to be held in cash for the time reasonably necessary to complete an investment, reinvestment, distribution, rollover, payment of fees, or other transaction permitted under section 530A. Q&A D-9 of Notice 2025-68 stated that, during the growth period, the trust- ee’s procedures must require reason- able ongoing monitoring by the trustee regarding whether a fund held by a Trump account continues to be an eligible invest- ment. This Q&A also stated that in the event that a fund held by a Trump account ceases to be an eligible investment during the growth period, the Trump account will no longer be permitted to be invested in such fund. Stakeholders made a variety of recom- mendations and sought clarification with respect to the trustee’s obligation to mon- itor the status of its existing investments as eligible investments. These recommen- dations include providing a safe harbor regarding when a trustee would be treated as satisfying its obligations relating to monitoring investment funds. For exam- ple, one stakeholder recommended that trustee monitoring be based on periodic review and reliance on public disclosures. Stakeholders also recommended a 120- day grace period for a fund to regain eli- gible investment status (by, for example, adjusting its fees and expenses) or for the trustee to dispose of shares in the fund and reinvest the proceeds in an eligible invest- ment. The Treasury Department and the IRS recognize that day-to-day monitoring by a trustee regarding whether an investment fund continues to be an eligible invest- ment raises significant practical concerns. The Treasury Department and the IRS agree with stakeholders that a safe harbor requiring trustees to make periodic deter- minations regarding eligible investment status would be more administrable for trustees. Proposed § 1.530A-3(g)(6) would require that the trustee’s procedures pro- vide for monitoring of investment funds in which the trustee’s Trump accounts are invested, with an initial determination whether the investment fund is an eligible investment when the trustee first offers the investment fund to any Trump account for which it is the trustee and then subsequent periodic determinations that the invest- ment fund continues to be an eligible investment. Proposed § 1.530A-3(g)(6) would provide that the trustee may rely on an investment fund’s prospectus and other public documents required by Federal securities laws in making determinations of eligible investment status. Proposed § 1.530A-3(g)(6) would also provide that a trustee is treated as monitoring invest- ment funds in which the trustee’s Trump accounts are invested if the trustee’s peri- odic determinations occur at least once every 12 months. Proposed § 1.530A-3(g)(5)(ii) would provide that in the event an investment fund ceases to be an eligible investment, the trustee’s procedures must require the prompt sale or disposition of shares in the investment fund and the reinvestment of the proceeds in an eligible investment. Specifically, proposed § 1.530A-3(g)(5) (ii)(A) would provide that a trustee must sell or dispose of shares in the investment fund and reinvest the proceeds within 30 days of when the investment fund ceases to be an eligible investment. Proposed § 1.530A-3(g)(5)(ii)(B) would provide September 14, 2026 324 Bulletin No. 2026–38 that the time when an investment fund is treated as ceasing to be an eligible invest- ment is determined based on whether the trustee is in compliance with the monitor- ing and periodic determination require- ments in proposed § 1.530A-3(g)(6). If the trustee is not in compliance with the monitoring and periodic determination requirements in proposed § 1.530A-3(g) (6), the investment fund is treated as ceas- ing to be an eligible investment on the first day that the investment fund does not meet the requirements to be an eligi- ble investment. If the trustee is in com- pliance with the monitoring and periodic determination requirements of proposed § 1.530A-3(g)(6), the time of the trustee’s next periodic determination in accordance with proposed § 1.530A-3(g)(6) or, if earlier, the time that the trustee acquires actual knowledge that the investment is no longer an eligible investment, is treated as the time the investment fund ceases to be an eligible investment. This provision is intended to address concerns regarding the timing of identifying and then disposing of shares in an investment fund expressed in stakeholders’ requests for specific time thresholds for dispositions. Stakeholders discussed what notice a trustee should be required to provide to an account beneficiary when an invest- ment fund in which the account benefi- ciary’s funds are invested ceases to be an eligible investment. One stakeholder contemplated notice to an account ben- eficiary before the trustee reinvests the proceeds from the sale of the fund that ceases to be an eligible investment. The Treasury Department and the IRS believe that requiring notice before reinvestment unnecessarily slows down reinvestment. Proposed § 1.530A-3(g)(5)(ii) would not require notice to account beneficiaries before selling or disposing of shares in the investment fund but would require notice to account beneficiaries after reinvestment of the proceeds about how the proceeds are reinvested. Proposed § 1.530A-3(g)(7) would provide that if a trustee has adopted the required procedures but a portion of the assets in a Trump account is not invested in an eligible investment due to an administrative error by the trustee (for example, due to an oversight or mistake in applying the procedures), the trustee must sell or dispose of the assets that are not invested in an eligible investment and reinvest the proceeds in an eligible investment within 30 calendar days from the first day that portion was not invested in an eligible investment. Furthermore, the trustee must disclose to the account beneficiary the duration of the error, the assets that were held during the error period, and the amount reinvested in an eligible investment at the end of the error period. Regarding the proposed correction of administrative errors, the Treasury Department and the IRS are consider- ing providing a rule that would allow a trustee, in the case of its administrative error, to replace, to the extent needed, earnings in the account that the account would have had if the account had been properly invested in an eligible invest- ment. Such replaced earnings would not be considered contributions subject to the contribution limitation under section 530A(c)(2). Comments are requested regarding such a rule. The Treasury Department and the IRS recognize the importance of helping account beneficiaries receive the benefits of a Trump account, particularly because account beneficiaries are minors. There- fore, in addition to the proposed correction procedures included in these proposed regulations, the Treasury Department and the IRS request comments regarding other failures under section 530A(b)(1)(C) that may be appropriate for correction and pro- posed corrections for such failures (tak- ing into account that trustees must have procedures in place to prevent most such failures). The Treasury Department and the IRS intend to provide additional cor- rection procedures for trustees, as needed, to correct certain Trump account failures. Comments are additionally requested regarding whether potential Trump account corrections should be included as part of the IRA correction procedure authorized under section 305(c) of Public Law 117-328, 136 Stat. 4459 (December 29, 2022), commonly referred to as the SECURE 2.0 Act. Q&A D-10 of Notice 2025-68 stated that a trustee may permit funds in a Trump account to be invested in multiple eligible investments. The Treasury Department and the IRS confirm that a Trump account may be invested in any number of eligible investments, and proposed § 1.530A-3(g) (1) would provide that Trump account funds may be invested in one or more eli- gible investments. III. Request for Comments Regarding Stock Contributions as part of a Philanthropic Contribution The Treasury Department and the IRS intend to exercise regulatory authority conferred by section 530A(a) to issue regulations that would allow contribu- tions of readily tradable public company stock to be made to Trump accounts as part of a philanthropic contribution. The regulations would require that the stock transferred to the Treasury Department for this purpose must satisfy certain cri- teria and other requirements to be treated as a charitable contribution. All other contributions to Trump accounts would continue to have to be made in cash pursuant to section 408(a)(1), and such funds would continue to be subject to the requirement in section 530A(b)(1)(C) (iii) that they cannot be invested in any asset other than an eligible investment during the growth period. IV. Request for Comments Regarding Trustee Fees Section 530A is intended to promote long-term investing for the benefit of chil- dren. Section 530A contains provisions designed to maintain a low cost for these accounts. In particular, section 530A(b) (3)(A)(iii) limits eligible investments to those with low annual fees and expenses and section 530A(g) permits the Secretary to take into account costs imposed by the trustee on the account or the account ben- eficiary when selecting the trustee. Addi- tionally, commenters and other stake- holders have expressed concerns with the potential for fees and expenses to dimin- ish the account balances over time (espe- cially given the small initial balances and long expected holding periods). One com- menter raised the concept of expressly prohibiting additional fees because such fees are not contemplated in the statutory language. The Treasury Department and the IRS are considering ways to keep costs down Bulletin No. 2026–38 325 September 14, 2026 for these accounts, and request comments on alternative ways in which this might be achieved, including the possibility of pro- hibiting trustees from charging any fees with respect to the account beneficiary or the eligible investments held by the account beneficiary. Proposed Applicability Dates The regulations are proposed to apply to taxable years beginning on or after Jan- uary 1, 2026, except for paragraph (g) of the regulations, which is proposed to apply to taxable years beginning on or after the date of publication of the Treasury deci- sion adopting these rules as final regula- tions in the Federal Register (finalization date). In accordance with section 7805(b) (2) of the Code, the Treasury Department and the IRS intend to publish final reg- ulations within 18 months of the date of enactment of section 530A. A taxpayer or a trustee may rely on the proposed regu- lations for taxable years beginning before the finalization date if the taxpayer or trustee, respectively, follows these pro- posed regulations in their entirety and in a consistent manner. Special Analyses I. Regulatory Planning and Review 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 Memoran- dum of Agreement (MOA, July 4, 2025) between the Treasury Department and the OMB regarding review of tax regulations. OIRA has determined that the proposed rulemaking is significant under section 3(f) of Executive Order 12866 and subject to review under Executive Order 12866 and section 1(b) of the MOA. Accord- ingly, the proposed regulations have been reviewed by OMB. This proposed rule is not expected to be considered a regula- tory action under Executive Order 14192 because it does not impose any more than de minimis regulatory costs. Need for Regulation The proposed regulations would pro- vide guidance relating to eligible invest- ments for Trump accounts under section 530A. The proposed regulations would define terms related to eligible invest- ments, provide rules for determining whether an investment fund is an eligible investment, and provide procedures for a trustee of a Trump account to ensure that a Trump account meets requirements con- cerning eligible investments. The Statute and the Proposed Regulations Public Law 119-21, commonly referred to as the One, Big, Beautiful Bill Act, added new sections 530A, 128, and 6434 to the Code. Section 530A describes Trump accounts, section 128 describes certain employer contributions to Trump accounts, and section 6434 describes the Trump accounts contribution pilot pro- gram. The proposed regulations provide guidance on eligible investments in a Trump account under section 530A(b)(3). Section 530A defines a Trump account as an IRA with some special rules. Most special rules that distinguish Trump accounts from other IRAs apply only during the growth period. The first day of the growth period is the day the account is established, and the final day of the growth period is December 31 of the calendar year in which the account ben- eficiary attains age 17. The rules for tra- ditional IRAs generally apply after the growth period. A Trump account may be established for the benefit of a child prior to the calendar year in which the child attains age 18 if the child has been issued a social security number. In general, distributions from Trump accounts are not permitted during the growth period. The entire balance of a Trump account may be rolled over in a direct trustee-to-trustee transfer to a new Trump account of the account ben- eficiary. The entire balance of a Trump account may be rolled over in a direct trustee-to-trustee transfer to an ABLE account of the account beneficiary in the calendar year the account beneficiary attains age 17. Funds in a Trump account may only be invested in eligible investments during the growth period. An eligible investment generally is a mutual fund or ETF that tracks an equity index of primarily U.S. companies, such as the S&P 500 index, does not use leverage, and has annual fees and expenses of no more than 0.1 percent of the balance of the investment in the fund. Trump accounts may receive contri- butions from nonprofits, governments, employers, and individuals. In general, contributions to a Trump account are sub- ject to an annual limit of $5,000, adjusted for inflation. Governments and nonprofits may make qualified general contributions through the Treasury Department, and such con- tributions must be allocated in equal amounts to the Trump accounts of every account beneficiary in a qualified class. Qualified general contributions from gov- ernments and nonprofits through the Trea- sury Department do not count towards the $5,000 annual contribution limit. Section 128 sets rules for certain employer contributions to Trump accounts. Employers may contribute to the Trump account of an employee or an employee’s dependent. Section 128 employer contri- butions to a Trump account are excluded from the employee’s income, up to an annual limit of $2,500, adjusted for infla- tion. Section 128 employer contributions count towards the $5,000 annual contribu- tion limit. Section 6434 describes the Trump accounts contribution pilot program. In the pilot program, the Secretary will pay $1,000 to the Trump accounts of eligi- ble children. A U.S. citizen born in 2025, 2026, 2027, or 2028 who has been issued a social security number and for whom no request for a pilot program contribution has previously been processed is eligible for a pilot program contribution. Pilot pro- gram contributions do not count towards the $5,000 annual contribution limit. September 14, 2026 326 Bulletin No. 2026–38 All other contributions to a Trump account, including contributions from friends or family members, are non-de- ductible contributions (they create invest- ment in the contract) and count towards the $5,000 annual contribution limit. The proposed regulations (§ 1.530A-3) are just one piece of the implementation of section 530A; prior guidance addressed the election to open an initial Trump account (§ 1.530A-1), and future guid- ance will address other issues (§§ 1.530A- 2, 1.530A-4, 1.530A-5, 1.530A-6, and 1.530A-7). The proposed regulations would define the following terms for the purposes of implementing section 530A: ETF, mutual fund, and investment fund. For implementing section 530A, the defi- nition of ETF is taken from 17 C.F.R. §270.6c 11(a)(1), modified to include enti- ties that operate in substantially the same manner. For implementing section 530A, the definition of mutual fund is taken from 15 U.S.C. § 80a-5(a)(1), modified to exclude ETFs. An investment fund is an ETF or a mutual fund. The proposed regulations would pro- vide rules for determining whether an investment fund is an eligible invest- ment. The rules would clarify that an investment fund (1) tracks the returns of an index if it seeks to provide invest- ment results that replicate the per- formance of the index and the fund holds investments that are reasonably expected to accomplish that objective, (2) uses leverage if it uses borrowings, derivatives, or other strategies that are economically equivalent to borrowings in a way that materially increases the risk of loss associated with an invest- ment in the fund, and (3) is not an eli- gible investment if it charges annual fees and annual expenses of more than 0.1% of the net value of its assets. The rules would clarify that an investment fund is not an eligible investment if it corresponds to the returns of an ESG index. The rules would clarify that, to be a qualified index, an index (1) must have a publicly available index method- ology, (2) must not include a stock or similar ownership interest based on the industry of the issuing company, and (3) must be comprised of stocks and inter- ests in companies that are primarily domestic under section 7701(a)(4). The rules would provide a safe harbor that an index with at least 90 percent U.S. companies by index weight is consid- ered to be primarily U.S. companies. The proposed regulations would pro- vide procedures for a trustee of a Trump account to ensure that funds are invested in an eligible investment. A trustee would be required to ensure that investment funds available for a Trump account are eligible investments and that contribu- tions to a Trump account are invested in an eligible investment by default. A trustee would generally be required to ensure that an investment fund held by a Trump account that ceases to be an eligible investment is disposed and the proceeds reinvested in an eligible investment within 30 days of ceasing to be an eligible investment. However, if a trustee makes periodic determinations of whether an investment fund is an eligible investment based on public documents at least once every 12 months, then the trustee would generally be permitted to rely on the periodic determinations, and the trustee would be required to ensure that an investment fund that ceases to be an eligible investment is disposed and the proceeds reinvested within 30 days of the periodic determination. Baseline The Treasury Department and the IRS have assessed the benefits and costs of the proposed regulations relative to a no-action baseline reflecting anticipated Federal income tax-related behavior in the absence of these proposed regula- tions. Affected Entities and Taxpayers The proposed regulations are expected to affect 85 million children in 44 million families. Economic Effects of the Proposed Regulations Share of U.S. equities The proposed regulations would clar- ify how to apply the statutory requirement that investment funds held by Trump accounts track the returns of an index of equities in “primarily” U.S. companies. The proposed regulations would pro- vide a safe harbor that an index with at least 90 percent U.S. companies by index weight is considered to be “primarily” U.S. companies. Alternatives would be to provide a safe harbor with a different per- centage or no safe harbor. The 90 percent threshold is low enough to accommodate temporary changes in indexes that are generally designed to track the returns of U.S. companies and high enough to clearly align with the statutory language. A safe harbor gives trustees the legal cer- tainty they need to provide appropriate investment fund alternatives in Trump accounts. The statute explicitly allows invest- ment funds to track the Standard & Poor’s 500 (S&P 500) stock market index. The companies in the S&P 500 ended 2025 with a market capitalization of $58 trillion. There are many other indexes that satisfy the safe harbor. For example, the Center for Research in Security Prices (CRSP) U.S. total market index, which includes companies that ended 2025 with a mar- ket capitalization of $65 trillion, and the Nasdaq Composite index, which includes companies that ended 2025 with a mar- ket capitalization of $35 trillion. Trustees are likely to act cautiously by choosing indexes that do not approach the safe har- bor, so the impact of the safe harbor rela- tive to a slightly different percentage or no safe harbor is likely small. Assessment frequency The proposed regulations would clar- ify how often a trustee must determine whether an investment fund held by Trump accounts is an eligible invest- ment. The proposed regulations would allow a trustee to rely on periodic deter- minations of whether an investment fund is an eligible investment based on pub- lic documents if the trustee makes the periodic determinations at least once every 12 months. Alternatives would be to require assessment more frequently, such as quarterly, or to require continu- ous monitoring. An annual determination is frequent enough to identify changes in fund or index eligibility, while avoiding a continuous-monitoring requirement that could discourage trustees from offering Bulletin No. 2026–38 327 September 14, 2026 otherwise appropriate investment fund alternatives. A safe harbor gives trustees the legal certainty they need to adminis- ter Trump accounts without unnecessary compliance costs. Annual assessment is consistent with other significant financial reporting cycles. Public companies generally file one annual report on Form 10-K each year. Public companies also generally file quarterly reports on Form 10-Q for the first three fiscal quarters. Requiring trustees to reassess fund eligibility more often than annually could impose recur- ring review obligations that exceed what is necessary to confirm that funds remain aligned with statutory requirements. Trustees are likely to act cautiously by selecting funds and indexes that clearly satisfy the requirements, so the impact of allowing annual determinations relative to a more frequent requirement is likely small. Disposal of ineligible investments The proposed regulations would clar- ify how quickly a trustee must ensure disposal of an investment fund held by Trump accounts after the fund no lon- ger satisfies the statutory requirements (or after a periodic determination to that effect). The proposed regulations would allow a Trump account not to lose its status as a Trump account if the disposal occurs within 30 days. Alternatives would be to allow shorter or longer remediation periods or not to allow any remediation. A 30-day period is short enough to ensure that Trump accounts are not maintained in ineligible investments for an extended period and long enough to permit orderly trading and operational processing. A rea- sonable remediation period gives trustees the legal certainty they need to correct eligibility issues without forcing rushed transactions that may be impractical or disadvantageous. Correction periods in other retirement and tax contexts commonly allow time for orderly correction rather than requir- ing immediate action. For example, under IRS self-correction rules, many signifi- cant retirement plan operational failures may be corrected before the end of the third plan year after the year of the failure. The excise tax rules for prohibited trans- actions also distinguish between an initial tax of 15 percent of the amount involved and an additional 100 percent tax if the transaction is not corrected within the tax- able period. Compared with these longer correction frameworks, a 30-day disposal period is relatively prompt. Trustees are likely to act cautiously by selecting funds that clearly satisfy the requirements and by disposing of ineligible investments soon after an issue is identified, so the impact of the 30-day remediation period is likely small. Prohibition on ESG criteria The proposed regulations would spec- ify that an investment fund is not an eli- gible investment for Trump accounts if it corresponds to the returns of an ESG index. An alternative would be to permit funds that track ESG indexes. Whether funds that track ESG indexes are avail- able or not in Trump accounts has very little economic impact. A meta-analysis of ESG studies found that “ESG invest- ing returns were generally indistin- guishable from conventional investing returns”. 2 Demand for ESG indexes is a small share of the market for passively managed funds. At the end of 2025, U.S. passively managed mutual funds and ETFs held $19.4 trillion in net assets while sustainable funds, including funds that track ESG indexes, held $368 billion in net assets, according to Morningstar. 3,4 Given the small percentage of assets invested in funds that track ESG indexes, it is reasonable to believe that most adults managing Trump accounts on behalf of children would not have chosen invest- ment funds that track ESG indexes even if they were available. II. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) generally requires that a Federal agency obtain the approval of the 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 displays a valid control number. The collections of information in these proposed regulations contain third-party dis- closure and recordkeeping requirements that are necessary to ensure that no part of the account funds will be invested in any asset other than an eligible investment during the growth period as required under sec- tion 530A(b)(1)(C)(iii). These collections of information generally would be used by the IRS for tax compliance purposes and by account beneficiaries and trustees to ensure the account qualifies as a Trump account. This proposed regulation provides that beneficiaries can direct trustees how to allocate funds among eligible invest- ments. Clients being able to allocate funds within their accounts is a usual and cus- tomary business practice. Usual and cus- tomary business records are incurred as a normal course of business activities and are excluded from the definition of burden under 5 CFR 1320.3(b)(2). The proposed regulation includes third- party disclosures and associated record- keeping requirements from trustees to account beneficiaries (or “legally respon- sible parties”). IRS is soliciting feedback on these collection requirements and their associated burdens. IRS anticipates that the likely respondents are businesses and for-profit organizations. Table 1 provides a high-level description of the collection requirements and the regulatory section that include additional details. Table 2 provides the estimated burden placed on trustees for each collection requirement. 2 Whelan, Tensie, et al. ESG and Financial Performance: Uncovering the Relationship by Aggregating Evidence from 1,000 Plus Studies Published between 2015–2020. NYU Stern Center for Sustainable Business and Rockefeller Asset Management, 2021. https://www.stern.nyu.edu/sites/default/files/assets/documents/ESG%20Paper%20Aug%202021.pdf 3 Carter, David, and Jack Bullard. U.S. Fund Flows: December 2025. Morningstar, 2026. https://assets.contentstack.io/v3/assets/blt9415ea4cc4157833/bltb441ce3c78f39445/2025_US_ Fund_Flows.pdf 4 Bioy, Hortense, et al. Global Sustainable Fund Flows: Q4 and Full-Year 2025 in Review. Morningstar Sustainalytics, 2026. https://assets.contentstack.io/v3/assets/blt9415ea4cc4157833/ blt1d54e64f88b82b3b/Global_ESG_Flows_Q4_2025_Report.pdf September 14, 2026 328 Bulletin No. 2026–38 Table 1: Description of Collections OMB Control NumberCollection Type New or Revised CollectionDescription Regulatory Section with Additional Details 1545-NEWThird-party Disclosure and Recordkeeping NewWritten governing instruments26 CFR 1.530A-3(g)(2) 1545-NEWThird-party Disclosure and Recordkeeping NewDisclosure of a default eligible investment 26 CFR 1.530A-3(g)(4)(ii) 1545-NEWThird-party Disclosure and Recordkeeping NewDisclosure of how dividends are invested 26 CFR 1.530A-3(g)(4)(iii) 1545-NEWThird-party Disclosure and Recordkeeping NewDisclosure of a reinvestment due to investment ineligibility 26 CFR 1.530A-3(g)(5)(ii) 1545-NEWThird-party Disclosure and Recordkeeping NewDisclosure of a reinvestment due to administrative error 26 CFR 1.530A-3(g)(7) 1545-NEWRecordkeepingNewPeriodic determinations of account eligibility 26 CFR 1.530A-3(g)(6) Table 2: Estimated Burden Collection Estimated number of respondents Estimated frequency of responses Estimated average annual burden per response Estimated total annual burden hours 26 CFR 1.530A-3(g)(2), (g)(4)(ii), (g)(4)(iii) - Draft the written governing instruments and related disclosures (start-up/one time burden) 4,600140 hours184,000 26 CFR 1.530A-3(g)(2) - Obtaining consent on written governing instruments 4,60027,7171 minute2,124,970 26 CFR 1.530A-3(g)(6) - Periodic determination of eligible investments 4,60038 hours110,400 26 CFR 1.530A-3(g)(4)(ii) - Sending disclosure notice 4,60027,7171 minute2,124,970 26 CFR 1.530A-3(g)(4)(iii) - Sending disclosure notice 4,60027,7171 minute2,124,970 26 CFR 1.530A-3(g)(5)(ii) - Sending disclosure notice 5 127,7171 minute462 26 CFR 1.530A-3(g)(7) - Sending disclosure notice 5 127,7171 minute462 The collections contained in this notice of proposed rulemaking have been sub- mitted to the Office of Management and Budget for review in accordance with the Paperwork Reduction Act under OMB Control Number 1545-NEW. Comment- ers 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. Submit electronic submissions for the proposed information collection to the IRS via email at pra.comments@irs.gov (indicate CC-00349938-26 on the Subject line). Comments on the collection of informa- 5 Disclosure events for ineligible investments are expected to occur extremely infrequently. In any given year, it’s anticipated that less than 1% of trustees will need to issue a particular disclosure. Sending the disclosures is anticipated to be done electronically and be minimal burden on the trustee. Bulletin No. 2026–38 329 September 14, 2026 tion should be received by October 20, 2026. Comments are specifically requested concerning: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the IRS, including whether the infor- mation will have practical utility; (b) the accuracy of the estimated burden associ- ated with the proposed collection of infor- mation; (c) how the quality, utility, and clarity of the information to be collected may be enhanced; (d) how the burden of complying with the proposed collection of information may be minimized, includ- ing through the application of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. III. Regulatory Flexibility Act The Secretary hereby certifies that these proposed regulations would 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). The proposed rules would not impose a significant economic impact on any regulated entities because the regulation’s economic impact on entities is generally limited to requiring procedures to be set up by the trustee to ensure compliance with the statute and the regulation, language in the written gov- erning instrument, requiring disclosure of the default eligible investment and how dividends will be invested (or any changes thereto), making periodic (likely annual) determinations that investments are still eligible investments, and rare disclosures if a reinvestment has occurred because of an ineligible investment. Because these requirements are either one-time, rare, or limited to internal determinations, any economic impact is expected not to be significant. Additionally, the proposed regulations affect only trustees of Trump accounts, which generally should not include small entities and therefore should not affect a substantial number of small entities. Therefore, a Regulatory Flexibil- ity Act analysis is not required. Notwithstanding this certification, the Treasury Department and the IRS invite comments on the impacts these proposed regulations may have on small entities. IV. Unfunded Mandates Reform Act Section 202 of the Unfunded Man- dates 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 aggregate, 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. V. 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. VI. Small Business Administration 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 business. Comments and Request for a Public Hearing Before these proposed regulations are adopted as final regulations, consid- eration will be given to any comments that are submitted timely to the IRS as prescribed in this preamble under the ADDRESSES heading. The Treasury Department and the IRS request com- ments on all aspects of the proposed regulations. Any comments submitted will be made available at https://www. regulations.gov or upon request. A public hearing will be scheduled if requested in writing by any person who submits elec- tronic or written comments. Requests for a public hearing are also encouraged to be made electronically. If a public hearing is scheduled, notice of the date and time 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 Internal Revenue Bulletin (or Cumula- tive Bulletin) and are available from the Superintendent of Documents, U.S. Gov- ernment Publishing 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 Justin R. Karlin of the Office of Associate Chief Counsel (Finan- cial Institutions and Products). However, other personnel from the Treasury Depart- ment and the IRS also participated in its development. For further information about these proposed regulations, contact Mr. Karlin at (202) 317-6842 (not a toll- free number). Lists of Subjects in 26 CFR Part 1 Income taxes, Reporting and record- keeping requirements. Proposed Amendments to the Regulations Accordingly, the Treasury Department and the IRS propose to amend 26 CFR part 1 as follows: PART 1--INCOME TAXES Paragraph 1. The authority citation for part 1 is amended by adding an entry September 14, 2026 330 Bulletin No. 2026–38 for § 1.530A-3 in numerical order to read as follows: Authority: 26 U.S.C. 7805 * * * * * * * * Section 1.530A-3 also issued under 26 U.S.C. 530A(b)(3)(A)(iv) and (g)(3). * * * * * Par. 2. Section 1.530A-3 is added to read as follows: § 1.530A-3 Trump accounts – Eligible investments. (a) Overview. Under section 530A(b) (1)(C)(iii), for an account to qualify as a Trump account, the written governing instrument creating the account may not permit any part of the account funds to be invested in any asset other than an eli- gible investment during the period that begins when the initial Trump account is established and ends on December 31 of the calendar year in which the account beneficiary attains age 17 (the growth period). Paragraph (b) of this section provides definitions related to eligible investments. Paragraph (c) of this sec- tion provides rules regarding whether an investment fund tracks the returns of an index. Paragraph (d) of this sec- tion provides rules regarding whether an investment fund uses leverage. Para- graph (e) of this section provides rules related to qualified indices. Paragraph (f) of this section provides rules for determining whether an investment fund has annual fees and expenses within the 0.1 percent limit. Paragraph (g) of this section provides procedures for a trustee of a Trump account (trustee) to ensure that no part of the account funds will be invested in any asset other than an eli- gible investment. Paragraph (h) of this section provides the applicability date of this section. (b) Definitions. The following defini- tions apply for purposes of section 530A and this section: (1) Eligible investment. The term eli- gible investment means any mutual fund or exchange traded fund that tracks the returns of a qualified index, does not use leverage, does not have annual fees and expenses of more than 0.1 percent of the balance of the investment in the fund, and meets such other criteria as the Secretary of the Treasury or the Secretary’s delegate (Secretary) determines appropriate for purposes of section 530A. (2) Exchange traded fund (ETF). The term exchange traded fund (ETF) means a domestic corporation (including a reg- ulated investment company (RIC)) that is registered under the Investment Company Act of 1940, Public Law 76-768, 54 Stat. 789 (the 1940 Act), as amended, and that is either-- (i) An “exchange-traded fund” as defined for purposes of the 1940 Act in 17 C.F.R. § 270.6c-11(a)(1); or (ii) An entity that operates in substan- tially the same manner as an exchange- traded fund but that is not described in 17 C.F.R. § 270.6c-11(a)(1), such as a unit investment trust or ETF share class of a mutual fund operating as an ETF under exemptive relief granted by the Securities and Exchange Commission. (3) Investment fund. The term invest- ment fund means a mutual fund or an ETF. (4) Mutual fund. The term mutual fund means a domestic corporation (including a RIC) that is registered under the 1940 Act as an open-end company (as defined in 15 U.S.C. § 80a-5(a)(1)) and that is not an ETF. (5) Qualified index. The term qualified index means the Standard and Poor’s 500 stock market index, or any other index that is comprised of equity investments in primarily United States companies and for which regulated futures contracts (as defined in section 1256(g)(1)) are traded on a qualified board or exchange (as defined in section 1256(g)(7)). A quali- fied index does not include any industry or sector-specific index but may include an index based on market capitalization. Paragraph (e) of this section provides rules for determining whether an index is a qualified index. (6) Regulated investment company (RIC). The term regulated investment company (RIC) means a regulated invest- ment company within the meaning of sec- tion 851(a). (c) Tracking the returns of an index-- (1) In general. For purposes of section 530A(b)(3)(A)(i) and this section, an investment fund tracks the returns of an index if the fund’s investment objective is to seek to provide investment results that, before fees and expenses, replicate the per- formance of the index, and the fund holds investments that are reasonably expected to accomplish that objective. For example, a fund may track the returns of an index by holding shares of most or all of the stocks that are constituents of the index in propor- tion to the stocks’ weightings in the index. An investment fund does not fail to track the returns of an index merely because the returns from the fund are affected by fees, expenses, trading costs, variations arising from buying and selling securities when the index changes, and similar variations incidental to operating a fund that seeks to replicate the performance of an index. (2) Investment funds that do not track the returns of an index. Except as pro- vided in paragraph (c)(3) of this section, an investment fund does not track the returns of an index if the fund uses one or more strategies to outperform or other- wise perform differently from the index. Thus, an investment fund that, in some or all market conditions, uses any strategy to decrease or increase the volatility, risk, or current income associated with the index does not track the returns of the index. For example, an investment fund that owns shares of each stock that is a component of an index and sells covered calls on some or all of those shares does not track the returns of the index, because the fund’s strategy diminishes the fund’s participa- tion in the potential appreciation in the shares and increases the fund’s current income. An investment fund that seeks to provide investment results consistent with the return on several different indices does not track the returns of an index. (3) Securities lending. An investment fund does not fail to track the returns of an index because the investment fund engages in securities lending transactions so long as the investment fund retains full economic exposure to the securities. (d) Does not use leverage--(1) In gen- eral. For purposes of section 530A(b)(3) (A)(ii) and this section, an investment fund that references an index is consid- ered to use leverage if the fund uses bor- rowings, derivatives, or other strategies that are economically equivalent to bor- rowings in a way that materially increases the risk of loss associated with an invest- ment in the investment fund (as compared to an investment in a fund that holds the index components physically and that does not borrow or use derivatives). Thus, Bulletin No. 2026–38 331 September 14, 2026 an investment fund uses leverage if, as a result of borrowings or derivatives or another economic equivalent, a change in the level of the index the returns of which the fund seeks to replicate tends to cause a materially greater proportional change in the net value of the fund’s portfolio. For example, an investment fund is consid- ered to use leverage if the fund provides investment results that correspond to the performance of an index multiplied by a number greater than one (regardless of whether the fund uses borrowings, deriv- atives, or another economic equivalent to provide such results). (2) Permitted borrowings and deriv- atives. An investment fund is not con- sidered to use leverage merely because it borrows or uses derivatives as part of its strategy to replicate the performance of an index, so long as the borrowings or derivatives do not materially increase the risk of loss associated with an invest- ment in the investment fund. Thus, an investment fund is not considered to use leverage merely because the fund incurs short-term borrowings to provide liquidity for redemptions or to purchase portfolio securities in connection with investment flows into the fund or because the fund uses derivatives to gain synthetic expo- sure to certain index components. An investment fund’s obligation to return collateral received for securities lending transactions described in paragraph (c)(3) of this section is not treated as leverage so long as the investment fund takes appro- priate steps to limit the risk of loss with respect to the collateral. To limit the risk of loss with respect to cash collateral, the investment fund must hold the collateral in cash or in highly liquid, conservative positions (like money market funds). To limit the risk of loss with respect to non- cash collateral, the investment fund must not sell the collateral or otherwise use the collateral (for example, by pledging it as collateral in another transaction) to increase the fund’s exposure to the index or other assets. (e) Qualified index--(1) In general. This paragraph (e) provides rules to deter- mine whether an index is a qualified index within the meaning of section 530A(b)(3) (B) and paragraph (b)(5) of this section. To be a qualified index, an index must have a publicly available index methodology that describes the criteria for inclusion in the index and the construction of the index. Whether an index meets the requirements in this paragraph (e) is generally deter- mined by reference to the index method- ology for the index. (2) Industry-specific and sector-spe- cific indices. For purposes of section 530A(b)(3)(B) and paragraph (b)(5) of this section, an index is industry-specific or sector-specific if inclusion of a stock or interest in the index depends on the business or industry in which the issuing company is engaged. Thus, any index that depends on industry classification codes for inclusion of a company in the index is an industry-specific or sector-specific index. Similarly, an index that includes stocks of companies operating in sev- eral related industries or sectors (such as hotels, air travel, and outdoor recreation) is an industry-specific or sector-specific index. (3) Other index-related criteria for eli- gible investments. Any investment fund that corresponds to the returns of an envi- ronmental, social, and governance (ESG) index is not an eligible investment. An ESG index includes any index that has, or is marketed as having, a focus on envi- ronmental, social, or governance factors. Any investment fund that is marketed or sold as having an investment objective to track an ESG index is not an eligible investment. (4) Market capitalization. For purposes of section 530A(b)(3)(B) and paragraph (b)(5) of this section, an index is based on market capitalization if a condition for the inclusion of a company’s stock (or other ownership interests) in the index is that the company has a market capitalization that is within a specified range or over or under a specified threshold, or that meets specified ranking criteria. Therefore, an index that meets the requirements to be a qualified index in section 530A(b)(3)(B) and this paragraph (e) does not fail to be a qualified index as a result of such a condi- tion for inclusion. (5) Equity investments. For purposes of section 530A(b)(3)(B) and paragraph (b) (5) of this section, an index is considered to be comprised of equity investments if the index is comprised entirely of stocks and similar ownership interests in the form of partnership or membership inter- ests. An index is not comprised of equity investments if it includes debt instru- ments, derivatives, or any other asset that is not an ownership interest in a company. (6) United States companies. For pur- poses of section 530A(b)(3)(B) and para- graph (b)(5) of this section, United States companies (U.S. companies) are com- panies that are domestic under section 7701(a)(4). (7) Safe harbor for indices that include interests in foreign companies. For pur- poses of section 530A(b)(3)(B) and para- graph (b)(5) of this section, an index is comprised primarily of U.S. companies if U.S. companies represent at least 90 per- cent of the index based on their weight- ings in the index. (f) Limit on annual fees and expenses--(1) In general. For purposes of section 530A(b)(3)(A)(iii) and this sec- tion, an investment fund is not an eligible investment if the sum of its annual fees (as described in paragraph (f)(2) of this sec- tion) and annual expenses (as described in paragraph (f)(3) of this section) is more than 0.1 percent of the net value of its assets. (2) Annual fees--(i) In general. Except as provided in the following sentence, the amount of an investment fund’s annual fees for purposes of section 530A(b)(3) (A)(iii) and this section is the aggregate amount of fees of the investment fund (as described in paragraph (f)(2)(ii) of this section) imposed during the most recent fiscal year (within the meaning of 17 C.F.R. § 210.1-02(k)) of the investment fund the financial data from which has appeared in the investment fund’s pro- spectus, expressed as a percentage of the investment fund’s average net asset value during that fiscal year (or a reasonable estimate). If an investment fund’s most recent prospectus discloses a change in the investment fund’s fee structure that increases the investment fund’s aggregate annual fees, the computation described in the preceding sentence must take into account the effect of such increase (or a reasonable estimate). If an investment fund has multiple share classes, annual fees are computed separately for each class, based on the fees that apply to that class and the assets allocable to that class. (ii) Fees of an investment fund. For pur- poses of section 530A(b)(3)(A)(iii) and September 14, 2026 332 Bulletin No. 2026–38 this section, an investment fund’s fees are all of the amounts that the fund charges its investment fund holders directly, with- out regard to how such amounts are com- puted, when they are imposed, or how such amounts are referred to in securities filings or marketing materials. Thus, fees include annual, periodic, transactional, and other recurring amounts charged by an investment fund. Fees also include amounts charged by an investment fund a single time, such as upon a purchase or redemption of interests in the investment fund. Fees include amounts expressed as a fixed dollar amount, as a percentage of the amount invested, or on another basis. An investment fund’s fees are disclosed in the fund’s prospectus, often under the heading “Shareholder Fees” or “Unitholder Fees” in a fee table. (iii) Fees not associated with an invest- ment fund. The 0.1 percent limit on fees and expenses in section 530A(b)(3)(A)(iii) is a requirement for an eligible investment and not for a Trump account. Fees charged by a trustee for providing an account are not treated as part of any investment fund’s annual fees but as trustee fees. A fee charged by a financial intermediary for a service, such as carrying out a pur- chase or sale of an investment fund is not considered a part of the investment fund’s fees if the fee is not charged on behalf of or at the direction of the investment fund, is not paid (directly or indirectly) to the investment fund, and is not attributable to any cost of offering the investment fund. A fee charged by a trustee for such a ser- vice would also not be considered a part of the investment fund’s fees under this paragraph. (3) Annual expenses. For purposes of section 530A(b)(3)(A)(iii) and this sec- tion, the amount of an investment fund’s annual expenses is the amount set forth as the investment fund’s total annual operating expenses in its prospectus. The amount may be stated as a percent- age of the value of the investment fund holder’s investment, or as a percentage of the net value of the fund’s net assets. If an investment fund’s prospectus lists total operating expenses reduced by fee waivers or expense reimbursements, the reduced amount applies for purposes of section 530A(b)(3)(A)(iii) and this sec- tion. If an investment fund has multiple share classes, annual expenses are com- puted separately for each class, based on the expenses and assets allocable to each class. (g) Trustee’s procedures regarding eli- gible investments--(1) In general. To meet the requirement of section 530A(b)(1) (C)(iii), a trustee must ensure that Trump account funds are invested only in one or more eligible investments during the growth period. The trustee satisfies that requirement by following the procedures provided in this paragraph (g). (2) Written governing instrument. The written governing instrument creating a Trump account must include the proce- dures provided in paragraphs (g)(4), (5), and (7) of this section. (3) Consequences of failure. Except as otherwise provided in this paragraph (g), if any funds of an account are invested in an asset other than an eligible investment (ineligible investment) during the growth period, then the account will cease to be a Trump account (and thus will also cease to be an individual retirement account (IRA) under section 408(a)) as of the first day the account holds the ineligible investment. However, if any funds of an account are invested in an asset that is an eligible investment at the time the asset is acquired but that becomes an ineligible asset during the growth period, then the account will cease to be a Trump account (and an IRA) as of the 30th day after the day that the asset ceased to be an eligible investment (taking into account paragraph (g)(5)(ii) of this section). If this paragraph (g)(3) applies to cause an account to cease to be a Trump account (and an IRA), then the account will be treated as if there were a distribution on that day of an amount equal to the fair market value of all of the assets in the account on that day. The pre- ceding sentence applies even if part of the fair market value of the account as of that day is attributable to excess contributions that may otherwise be returned tax-free under section 530A(d)(5). (4) Selection of eligible investment and default eligible investment--(i) Selec- tion of eligible investments. A trustee must limit the investment or investments available for a Trump account during the growth period to investment funds that the trustee has determined are eligible invest- ments. (ii) Default eligible investment. The trustee must establish for each Trump account under the trustee’s administration a default eligible investment in which, during the growth period, all contribu- tions, proceeds from sales or other dispo- sitions, and any other amounts for invest- ment (other than amounts addressed by paragraph (g)(4)(iii) of this section) will be invested unless the account beneficiary (as defined in section 530A(b)(4)) (or any person authorized to act on behalf of the account beneficiary under the Trump account’s written governing instrument (the responsible party)) specifies a differ- ent eligible investment for the contribu- tion or other amount. The default eligible investment for a Trump account can be a single eligible investment or a combina- tion of eligible investments in specified proportions and may be changed by the trustee from time to time. The trustee must clearly disclose to each account beneficiary the default eligible invest- ment in effect upon the establishment of the account and upon any subsequent change to the default eligible investment. The requirement to establish a default eligible investment does not preclude arrangements between the trustee and the account beneficiary that give effect to different instructions on an ongoing basis. For example, the trustee may follow instructions of an account beneficiary (or responsible party) to invest all contribu- tions or other amounts for investment in that account beneficiary’s account (or all such amounts for which another instruc- tion is not provided) in a specified eligible investment other than the trustee’s default eligible investment. (iii) Dividends and other investment fund distributions. The trustee of a Trump account must disclose to the account ben- eficiary how amounts received as divi- dends or other distributions from eligible investments will be invested unless the account beneficiary (or responsible party) gives different instructions regarding the dividends and distributions. For example, amounts received as dividends and distri- butions might be reinvested in the same eligible investments that paid the divi- dends or other distributions or invested in the Trump account’s default eligible investment. The trustee may give effect to directions from the account beneficiary Bulletin No. 2026–38 333 September 14, 2026 (or responsible party) that a specific dis- tribution, or distributions generally, be invested in a different way that complies with section 530A(b)(1)(C)(iii). (5) Situations in which funds need not be invested in an eligible investment--(i) Certain cash holdings. During the growth period, the trustee may permit an amount received in a Trump account as cash, such as an amount received as a contribution, proceeds of a sale or other disposition, or a distribution, to be held in cash for the time reasonably necessary to complete a transaction permitted under section 530A, including an investment, reinvestment, distribution of excess contribution, qual- ified rollover contribution, or qualified ABLE rollover contribution. (ii) Ceasing to be an eligible invest- ment--(A) In general. In the event an investment fund that was an eligible investment (as determined by the trustee as of the trustee’s last determination date described in paragraph (g)(6) of this sec- tion) then ceases to be an eligible invest- ment during the growth period, in order for the account to remain a Trump account, the trustee must ensure the prompt sale or disposition of shares in the investment fund and the reinvestment of the proceeds consistent with paragraph (g)(4)(ii) of this section and disclose how the proceeds were reinvested to the account benefi- ciary. A sale or disposition of shares in the investment fund and the reinvestment of the proceeds will be considered prompt if the sale or disposition and reinvestment of the proceeds occur within 30 calendar days of the investment fund ceasing to be an eligible investment. (B) Time when a fund is treated as ceasing to be an eligible investment. For purposes of this paragraph (g)(5)(ii), the time when the investment fund is treated as ceasing to be an eligible investment is determined based on whether the trustee is in compliance with the monitoring and periodic determination requirements in paragraph (g)(6) of this section. (1) If the trustee is not in compliance with the monitoring and periodic deter- mination requirements of paragraph (g) (6) of this section, the investment fund ceases to be an eligible investment on the first day that the investment fund does not meet the requirements to be an eligi- ble investment; (2) If the trustee is in compliance with the monitoring and periodic determination requirements of paragraph (g)(6) of this section, the investment fund is treated as ceasing to be an eligible investment on the earlier of the date of the next periodic determination conducted by the trustee or the date on which the trustee acquires actual knowledge that the investment is no longer an eligible investment. (6) Trustee monitoring of investment funds. During the growth period, the trustee must monitor each investment fund that the trustee makes available to Trump account beneficiaries. After mak- ing an initial determination that an invest- ment fund is an eligible investment at the time the trustee first offers the investment fund to any Trump account for which it is the trustee, the trustee must then make subsequent periodic determinations at least once every 12 months whether the investment fund continues to be an eli- gible investment. These determinations must include verifying that the annual fees and expenses of the investment fund continue to meet the requirements of sec- tion 530A(b)(3)(A)(iii) and paragraph (f) of this section. The trustee may rely on an investment fund’s prospectus and other public documents required by Federal securities laws in making determinations pursuant to this paragraph (g)(6). (7) Correction of administrative error. If a trustee has procedures in place in accordance with this paragraph (g) but a portion of the assets of a Trump account are not invested in an eligible invest- ment during the growth period due to an administrative error by the trustee (for example, due to an oversight or mistake in applying the procedures), the account will not cease to be a Trump account under paragraph (g)(3) of this section if the trustee sells or disposes of the assets that are not invested in an eligible invest- ment and reinvests the proceeds in an eligible investment consistent with para- graph (g)(4)(ii) of this section within 30 calendar days from the first day that the portion was not invested in an eligi- ble investment. Furthermore, the trustee must disclose to the account beneficiary the duration of the error, the assets that were held during the error period, and the amount reinvested in an eligible invest- ment at the end of the error period. (h) Applicability dates. This section applies to taxable years beginning on or after January 1, 2026, except for para- graph (g) of this section, which applies for taxable years beginning on or after [DATE OF PUBLICATION OF FINAL RULE]. Frank J. Bisignano, Chief Executive Officer. (Filed by the Office of the Federal Register August 20, 2026, 8:45 a.m., and published in the issue of the Federal Register for August 21, 2026, 91 FR 54280) Notice of Proposed Rulemaking Determination of Target Normal Cost and Funding target for Single-Employer Defined Benefit Plans REG-107855-25 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemak- ing. SUMMARY: This document contains proposed regulations that would modify rules in the existing regulations relating to the minimum funding requirement applicable to single-employer defined benefit pension plans. The modifications include changes to the rules relating to the determination of a plan’s target nor- mal cost and funding target and would implement certain statutory amendments that have not yet been reflected in the regulations. These proposed regulations would affect participants in, beneficiaries of, employers maintaining, and adminis- trators of single-employer defined benefit plans. DATES: Written or electronic comments and requests for a public hearing must be received by October 19, 2026. ADDRESSES: Commenters are strongly encouraged to submit public comments September 14, 2026 334 Bulletin No. 2026–38 electronically. Submit electronic submis- sions via the Federal eRulemaking Portal at https://www.regulations.gov (indicate IRS and REG-107855-25) 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 availability any comment received to its public docket. Send paper submissions to: CC:PA:01:PR (REG-107855-25), room 5203, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044. FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, Tom Morgan at (202) 317- 6700; concerning submissions of com- ments and requests for a public hearing, contact the Publications and Regulations Section at (202) 317-6901 (not a toll-free number) or by email to publichearings@ irs.gov (preferred). SUPPLEMENTARY INFORMATION: Authority The proposed regulations are issued under the delegation of authority in sec- tion 430(g)(3)(B) of the Internal Revenue Code (Code), which provides that a plan may determine the value of plan assets on the basis of the averaging of fair market values, but only if that method is permit- ted under regulations prescribed by the Secretary of the Treasury or the Secre- tary’s delegate (Secretary); and section 430(h)(3), which provides that, generally, the Secretary shall prescribe by regulation mortality tables to be used in determining any present value or making any compu- tation under section 430. In addition, the proposed regulations are issued under the delegation of author- ity in section 7805. Section 7805(a) directs the Secretary of the Treasury or his delegate to prescribe all needful rules and regulations for the enforcement of that section and other provisions of the Code, including such rules and regulations as may be necessary by reason of any alter- ation of law relating to internal revenue. Background This document contains proposed amendments to the Income Tax Regula- tions (26 CFR part 1) under section 430 of the Code, which was added by the Pension Protection Act of 2006, Public Law 109- 280, 120 Stat. 780 (2006). The proposed amendments to the regulations primarily reflect changes to section 430 of the Code made by: (1) the Worker, Retiree, and Employer Recovery Act of 2008 (WRERA ‘08), Public Law 110-458, 122 Stat. 5092 (2008); (2) the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act), Division O of the Further Consolidated Appropriations Act, 2020, Public Law 116-94, 133 Stat. 2534 (2019); and (3) the SECURE 2.0 Act of 2022 (SECURE 2.0 Act), Division T of the Consolidated Appropriations Act, 2023, Public Law 117-328, 136 Stat. 4459 (2022). A. Plan qualification timing rules under section 401(b) Section 401(b)(1), as amended by sec- tion 201 of the SECURE Act, provides that a plan is considered as satisfying the qualification requirements of section 401(a) for the period beginning with the date on which it was put into effect, or for the period beginning with the earlier of the date on which there was adopted or put into effect any amendment that caused the plan to fail to satisfy those requirements, and ending with the time prescribed by law for filing the return of the employer for his taxable year in which the plan or amendment was adopted (including exten- sions) or any later time as the Secretary may designate, if all provisions of the plan that are necessary to satisfy those require- ments are in effect by the end of that period and have been made effective for all purposes for the whole of that period. Section 401(b)(2), as added by section 201 of the SECURE Act and amended by Section 317 of the SECURE 2.0 Act, provides that if an employer adopts a plan after the close of a taxable year but before the time prescribed by law for filing the return of the employer for the taxable year (including extensions), then the employer may elect to treat the plan as having been adopted as of the last day of the taxable year. Section 401(b)(3), as added by Section 316 of the SECURE 2.0 Act, provides that if (A) an employer amends a plan to increase benefits accrued under the plan effective as of any date during the immediately preceding plan year (other than increasing the amount of match- ing contributions), (B) that amendment would not otherwise cause the plan to fail to meet any of the requirements of sec- tions 401 through 436 of the Code, and (C) that amendment is adopted before the time prescribed by law for filing the return of the employer for the taxable year (including extensions) which includes the effective date of the amendment, then the employer may elect to treat that amend- ment as having been adopted as of the last day of the plan year in which the amend- ment is effective. Section 1.401(b)-1 provides rules regarding remedial amendments under section 401(b). Under § 1.401(b)-1(a), a plan that does not satisfy the require- ments of section 401(a) on any date solely as a result of a disqualifying provision (as determined under § 1.401(b)-1(b)) is considered to have satisfied those require- ments on that date if, on or before the end of the remedial amendment period (as defined in § 1.401(b)-1(d) through (f) with respect to the disqualifying provision), all provisions of the plan that are necessary to satisfy all requirements under section 401(a) are in effect and have been made effective for all purposes for the entire remedial amendment period. The second sentence of § 1.401(b)-1(a) notes that under some facts and circumstances, it may not be possible to amend a plan retro- actively so that all provisions of the plan which are necessary to satisfy the require- ments of section 401(a) are in fact made effective for the whole remedial amend- ment period. 1 1 In these circumstances, the plan would have to be operated in accordance with the expected future amendment prior to when the amendment is adopted. Bulletin No. 2026–38 335 September 14, 2026 Pursuant to § 1.401(b)-1(d)(2), the remedial amendment period gener- ally ends with the time prescribed by law, including extensions, for filing the income tax return (or partnership return of income) of the employer for the employ- er’s taxable year in which falls the latest of: (1) the date on which the remedial amendment period begins, (2) the date on which the disqualifying provision is adopted, or (3) the date on which the dis- qualifying provision is made effective. However, under § 1.401(b)-1(d)(2), the Commissioner may extend the remedial amendment period. Revenue Procedure 2022-40, 2022-47 I.R.B. 487, extended the expiration of the remedial amendment period for a disquali- fying provision with respect to a provision of a new plan or the absence of a provision from a new plan to the last day of the sec- ond calendar year following the calendar year in which the plan is put into effect. In addition, many deadlines for plan amend- ments made pursuant to specific legisla- tive changes have been further extended in the corresponding legislation. See, for example, section 501 of the SECURE 2.0 Act. B. Minimum funding requirements and related provisions for single-employer defined benefit plans Statutory provisions Section 412 provides minimum fund- ing requirements that generally apply for pension plans (including both defined benefit pension plans and money purchase pension plans). Pursuant to section 412(a) (2)(A), section 430 specifies the mini- mum funding requirements that apply to single-employer defined benefit pension plans (including multiple-employer plans) other than CSEC plans described in sec- tion 414(y). Section 412(d)(1) provides that if the funding method or a plan year for a plan is changed, the change will take effect only if approved by the Secretary. 2 Sec- tion 412(d)(2) provides that, for purposes of section 412, any amendment applying to a plan year which is adopted no later than 2½ months after the close of the plan year (or, in the case of a multiemployer plan, no later than 2 years after the close of such plan year), does not reduce the accrued benefit of any participant deter- mined as of the beginning of the first plan year to which the amendment applies, and does not reduce the accrued benefit of any participant determined as of the time of adoption except to the extent required by the circumstances, will, at the election of the plan administrator, be deemed to have been made on the first day of the plan year. Under section 430, the minimum required contribution for a plan year is a function of the target normal cost under section 430(b)(1), shortfall amortization charge under section 430(c)(1), funding target under section 430(d)(1), waiver amortization charge under section 430(e) (1), and value of plan assets under section 430(g)(3). If the value of plan assets (less the sum of the plan’s prefunding balance and funding standard carryover balance determined under section 430(f)) is less than the funding target, section 430(a) (1) defines the minimum required con- tribution as the sum of the plan’s target normal cost and the shortfall and waiver amortization charges for the plan year. If the value of plan assets (less the sum of the plan’s prefunding balance and fund- ing standard carryover balance) equals or exceeds the funding target, section 430(a) (2) defines the minimum required contri- bution as the plan’s target normal cost for the plan year reduced (but not below zero) by the amount of any such excess. Section 430(b)(1) as amended by WRERA ‘08, provides that, except as otherwise provided in section 430(i)(2) (regarding a plan that is in at-risk sta- tus), a plan’s target normal cost for a plan year is the sum of the present value of all benefits expected to accrue or be earned under the plan during the plan year (with any increase in any benefit attributable to services performed in a preceding plan year by reason of a compensation increase during the current plan year treated as having accrued during the current plan year) and the amount of plan-related expenses expected to be paid from plan assets during the plan year, reduced by the amount of mandatory employee contribu- tions expected to be made during the plan year. Section 430(d)(1) provides that, except as otherwise provided in section 430(i)(1) (regarding a plan that is in at-risk status), a plan’s funding target for a plan year is the present value of all benefits accrued or earned under the plan as of the beginning of the plan year. Under section 430(h)(5), if, with respect to a single-employer defined ben- efit plan, the aggregate unfunded vested benefits as of the close of the preceding plan year (combined with the unfunded vested benefits for all other plans main- tained by the contributing sponsors and members of such sponsors’ controlled groups) exceeded $50 million, then cer- tain changes in actuarial assumptions must be approved by the Secretary. The changes in actuarial assumptions that require approval are changes that result in a decrease in the funding shortfall of the plan for the current plan year (determined after taking into account any changes in interest rate and mortality table) that exceeds $50 million (or that exceeds $5 million and that is 5 percent or more of the funding target of the plan before that change). Section 404(o)(6) provides that any computations under section 404(o), which relates to the deduction for contributions to a single-employer defined benefit plan, must use the same actuarial assumptions that are used for the plan year under sec- tion 430, except that the interest rate cor- ridor under section 430(h)(2)(C)(iv) does not apply, and section 404(o)(7) provides that any term used in section 404(o) which is also used in section 430 has the same meaning given to that term by section 430. Thus, except for the difference in interest rates, the funding target and target normal cost under section 430 (determined tak- ing into account plan provisions that are recognized under the rules of section 430) are also used to determine the maximum deductible contributions under section 404(o). 2 The Secretary has prescribed procedures allowing plans subject to section 412 to receive automatic approval to change their funding method in limited circumstances. See Rev. Proc. 2017-56, 2017-44 IRB 465 (applicable to single-employer plans), and Rev. Proc. 2000-40, 2000-42 IRB 357 (applicable to multiemployer plans). The Secretary has also prescribed procedures allowing plans to receive automatic approval to change their plan year if certain conditions are met. See Rev. Proc. 87-27, 1987-1 CB 769, as amended by Ann. 88-97, 1988-26 IRB 47. September 14, 2026 336 Bulletin No. 2026–38 Section 436(c)(1) provides that, gen- erally, no amendment to a defined bene- fit plan which is a single-employer plan which has the effect of increasing liabil- ities of the plan by reason of increases in benefits, establishment of new benefits, changing the rate of benefit accrual, or changing the rate at which benefits become nonforfeitable may take effect during any plan year if the adjusted funding target attainment percentage (AFTAP) for such plan year is less than 80 percent, or would be less than 80 percent taking into account the amendment. 3 However, section 436(c) (2) provides that such an amendment can take effect if the plan sponsor makes a contribution (in addition to the minimum required contribution) equal to the amount of the increase in the funding target of the plan for the plan year attributable to the amendment (if the AFTAP is less than 80 percent) or (in other cases) the amount necessary to result in an AFTAP of 80 per- cent. Regulatory provisions On October 15, 2009, final regulations regarding the determination of the target normal cost under section 430(b) and the funding target under section 430(d) were published in the Federal Register (TD 9467, 74 FR 53004). Those regulations apply to plan years beginning on or after January 1, 2010. Section 1.430(d)-1(b)(1)(i) pro- vides that, subject to the adjustments in § 1.430(d)-1(b)(1)(iii), the target normal cost of a defined benefit plan that is not in at-risk status under section 430(i) for a plan year is the present value (determined as of the valuation date) of all benefits under the plan that accrue during, are earned during, or are otherwise allocated to service for the plan year. Section 1.430(d)-1(b)(1)(iii)(A) pro- vides that the target normal cost of the plan for the plan year is adjusted (not below zero) by adding the amount of plan-related expenses expected to be paid from plan assets during the plan year and subtracting the amount of mandatory employee contributions that are expected to be made during the plan year. Section 1.430(d)-1(b)(1)(iii)(B) is reserved for a definition of plan-related expenses. Under § 1.430(d)-1(d)(1)(i), a plan’s funding target and target normal cost for a plan year generally are determined based on plan provisions that are adopted no later than the valuation date for the plan year and that take effect on or before the last day of the plan year. Section 1.430(d)-1(d)(1)(ii) provides rules regarding the impact of an election under section 412(d)(2), which is available with respect to a plan amendment adopted no later than 2½ months after the close of the plan year (including an amendment adopted during the plan year). Under § 1.430(d)-1(d)(1)(ii), if a plan admin- istrator makes the election described in section 412(d)(2) with respect to a plan amendment, then the plan amendment is treated as having been adopted on the first day of the plan year for purposes of § 1.430(d)-1(d). However, because a sec- tion 412(d)(2) election merely deems the amendment to have been made on the first day of the plan year, it does not determine when the plan amendment takes effect. Accordingly, regardless of whether a sec- tion 412(d)(2) election is made, an amend- ment is taken into account for the plan year only if it takes effect by the last day of the plan year. Section 1.430(d)-1(d)(1)(iii) provides that, for purposes of § 1.430(d)-1(d)(1), the determination of whether an amend- ment that increases benefits takes effect and when it takes effect is determined in accordance with the rules of section 436(c) and § 1.436-1(c)(5). Section 1.436- 1(c)(5) provides that, for purposes of sec- tion 436(c) and § 1.436-1(c), in the case of an amendment that increases benefits, the amendment takes effect under a plan on the first date on which any individual who is or could be a participant or benefi- ciary under the plan would obtain a legal right to the increased benefit if the individ- ual were on that date to satisfy the appli- cable requirements for entitlement to the benefit (such as the attainment of any age, performance of any service, receipt or der- ivation of any compensation, or the occur- rence of death, disability, or severance from employment). Section 1.430(d)-1(d) (1)(iii) similarly provides that in the case of an amendment that decreases benefits, the amendment takes effect under a plan on the first date on which the benefits of any individual who is or could be a partic- ipant or beneficiary under the plan would be less valuable than those benefits would be under the pre-amendment plan provi- sions if the individual were on that date to satisfy the applicable conditions for the benefits. Section 1.430(d)-1(d)(2) provides that, in the case of a plan amendment that is not required to be taken into account under the rules of § 1.430(d)-1(d)(1) because it is adopted after the valuation date for the plan year, the plan amendment must be taken into account in determining a plan’s funding target and target normal cost for the plan year if the amendment (i) takes effect by the last day of the plan year; (ii) increases the liabilities of the plan by reason of increases in current benefits, establishment of new benefits, changing the rate of benefit accrual, or changing the rate at which benefits become nonforfeit- able; and (iii) would not be permitted to take effect under a modified version of the rules of section 436(c). The modified ver- sion of the section 436(c) rules is set forth in § 1.430(d)-1(d)(2)(iii), which provides that those rules are applied by treating the increase in the target normal cost for the plan year attributable to the amendment (and all other amendments that must be taken into account solely because of the application of the rules in § 1.430(d)-1(d) (2)) as if the increase were an increase in the funding target for the plan year, and by taking into account all unpredictable con- tingent event benefits permitted to be paid for unpredictable contingent events that occurred during the current plan year and all plan amendments that took effect in the current plan year (including all amend- ments to which § 1.430(d)-1(d)(2) applies for the plan year). C. Actuarial assumptions Section 1.430(d)-1(f)(1)(i) provides that the determination of any present value or other computation under section 430 and this section must be made on 3 Section 436(c)(3) provides for a limited exception for certain benefit increases under a formula which is not based on a participant’s compensation. Bulletin No. 2026–38 337 September 14, 2026 the basis of actuarial assumptions and a funding method. Section 1.430(d)-1(f)(1) (ii) provides that actuarial assumptions established for a plan year cannot sub- sequently be changed for that plan year unless the Commissioner determines that the assumptions that were initially used are unreasonable. Similarly, a funding method established for a plan year can- not subsequently be changed for that plan year unless the Commissioner determines that the initial use of that funding method for that plan year is impermissible. Sec- tion 1.430(d)-1(f)(1)(iii) provides that generally, the actuarial assumptions and funding method for a plan year are estab- lished by the filing of an actuarial report under section 6059 (Schedule SB of Form 5500, Annual Return/Report of Employee Benefit Plan). Section 1.430(d)-1(f)(3) provides that, in the case of actuarial assumptions other than those specified in sections 430(h)(2), 430(h)(3), and 430(i), each of those actu- arial assumptions must be reasonable (tak- ing into account the experience of the plan and reasonable expectations). In addition, the actuarial assumptions (other than those specified in sections 430(h)(2), 430(h)(3), and 430(i)) must, in combination, offer the plan’s enrolled actuary’s best estimate of anticipated experience under the plan based on information determined as of the valuation date. Section 1.430(d)-1(f)(4)(ii) provides that any determination of present value or any other computation under that section must take into account the probability that future benefit payments under the plan will be made in the form of any optional form of benefit provided under the plan (includ- ing single-sum distributions), determined on the basis of the plan’s experience and other related assumptions, in accordance with § 1.430(d)-1(f)(3); and must take into account any difference in the present value of future benefit payments that results from the use of actuarial assumptions in determining the amount of benefit pay- ments in any such optional form of benefit that are different from those prescribed by section 430(h). Section 1.430(d)-1(f)(4)(iii)(A) pro- vides that, in the case of a distribution that is subject to section 417(e)(3) and that is determined using the applicable interest rates and applicable mortality table under section 417(e)(3), for purposes of apply- ing § 1.430(d)-1(f)(4)(ii), the computation of the present value of that distribution is treated as having taken into account any difference in present value that results from the use of actuarial assumptions that are different from those prescribed by section 430(h) (as required under § 1.430(d)-1(f)(4)(ii)(B)) if and only if the present value of the distribution is deter- mined in accordance with § 1.430(d)-1(f) (4)(iii). Section 1.430(d)-1(f)(4)(iii)(B) pro- vides that, generally, the present value of a distribution is determined in accordance with § 1.430(d)-1(f)(4)(iii) if that present value is determined as the present value, using special actuarial assumptions, of the annuity (either the deferred or immediate annuity) which is used under the plan to determine the amount of the distribution. Under these special assumptions, for the period beginning with the expected annu- ity starting date for the distribution, the current applicable mortality table under section 417(e)(3) that would apply to a distribution with an annuity starting date occurring on the valuation date is substi- tuted for the mortality table under section 430(h)(3) that would otherwise be used. In addition, under these special assumptions, the valuation interest rates under section 430(h)(2) are used for purposes of dis- counting the projected annuity payments from their expected payment dates to the valuation date (as opposed to the interest rates under section 417(e)(3), which the plan uses to determine the amount of the benefit). Section 1.430(d)-1(f)(4)(iii)(C) pro- vides some alternative assumptions that may be used in determining the present value of a distribution under § 1.430(d)-1(f)(4)(iii). In the case of a plan for which the generational mortal- ity tables are generally used to determine present values under section 430(d), § 1.430(d)-1(f)(4)(iii)(C) allows for the use of a 50-50 male-female blend of the annuitant mortality rates under the § 1.430(h)(3)-1(a)(4) generational mortal- ity tables in lieu of the applicable mortal- ity table under section 417(e)(3). 4 Section 1.430(d)-1(f)(4)(iii)(C) also provides that adjustments to interest rates are permit- ted to take into account the differences between the phase-in of the section 430(h) (2) segment rates under section 430(h)(2) (G) and the adjustments to the segment rates under section 417(e)(3)(D)(iii). Section 1.430(d)-1(f)(5)(i) provides that, in the case of an applicable defined benefit plan described in section 411(a) (13)(C), if the amount of a future distri- bution is based on an interest adjustment applied to the current accumulated bene- fit, then the amount of that distribution is determined by projecting the future inter- est credits or equivalent amount under the plan’s interest crediting rules using actu- arial assumptions that satisfy the require- ments of § 1.430(d)-1(f)(3). Section 1.430(d)-1(f)(5)(ii)(A) pro- vides that, in the case of an applicable defined benefit plan described in section 411(a)(13)(C), if the amount of an annuity distribution is based on either the balance of a hypothetical account maintained for a participant or the accumulated percent- age of a participant’s final average com- pensation, then the amount of that annuity distribution is calculated by converting the projected account balance (or accumu- lated percentage of final average compen- sation), in accordance with § 1.430(d)-1(f) (5)(i), to an annuity by applying the plan’s annuity conversion provisions using the rules of § 1.430(d)-1(f)(5)(ii). Section 1.430(d)-1(f)(5)(ii)(B) pro- vides that generally, if the plan bases the conversion of the projected account bal- ance (or accumulated percentage of final average compensation) to an annuity using the applicable interest rates and applica- ble mortality table under section 417(e) (3), then the amount of the annuity distri- bution is determined by dividing the pro- jected account balance (or accumulated percentage of final average compensation) 4 The applicable mortality table under section 417(e)(3) is a projected static mortality table, based on the mortality table specified for the plan year under section 430(h)(3)(A) (without regard to section 430(h)(3)(C) or (D)), modified as appropriate by the Secretary. September 14, 2026 338 Bulletin No. 2026–38 by an annuity factor corresponding to the assumed form of payment using, for the period beginning with the annuity starting date, the current applicable mortality table under section 417(e)(3) that would apply to a distribution with an annuity starting date occurring on the valuation date (in lieu of the mortality table under section 430(h)(3) that would otherwise be used) and the val- uation interest rates under section 430(h) (2) (as opposed to the interest rates under section 417(e)(3) which the plan uses to determine the amount of the annuity). Section 1.430(d)-1(f)(5)(ii)(C) pro- vides that, in determining the amount of an annuity distribution under § 1.430(d)-1(f) (5)(ii)(B), a plan is permitted to apply the optional applications of generational mortality and phase-in of interest rates described in § 1.430(d)-1(f)(4)(iii)(C). Explanation of Provisions These proposed regulations would facilitate the adoption of amendments that increase benefits. Under these proposed regulations, such amendments adopted after the end of the plan year can be taken into account in determining the actuar- ial results for a plan year which, in turn, will result in an increased deductible limit for the taxable year for the plan sponsor. These proposed regulations would also: (1) clarify the plan-related expenses that are includable in target normal cost; (2) provide rules for plans that are adopted after the end of a plan year; (3) provide rules for when certain plan amendments must be taken into account in the actuar- ial results for a plan year; (4) extend the deadline for making certain changes in actuarial assumptions or funding methods; and (5) make minor changes to the rules for actuarial assumptions to eliminate ref- erences to statutory provisions that are no longer applicable and to conform them to other regulatory provisions. A. Investment-Related Expenses Not Included in Target Normal Cost Proposed § 1.430(d)-1(b)(1)(iii)(B) would provide that plan-related expenses consist of all amounts that are expected to be paid from plan assets that are neither benefits paid to participants and beneficia- ries (treating the purchase of an annuity as the payment of benefits), nor invest- ment-related expenses described in pro- posed § 1.430(d)-1(b)(1)(iii)(C). Proposed § 1.430(d)-1(b)(1)(iii)(C) would provide that investment-related expenses consist of investment manager fees and other expenses directly related to the investment of the plan’s assets. How- ever, if the total payments from plan assets to a service provider are expected to be $5,000 or more for a plan year and con- sist of both investment-related expenses and expenses for other services (such as recordkeeping services), only those amounts that the service provider itemizes as investment management fees or other expenses directly related to the investment of the plan’s assets are treated as invest- ment-related expenses. Amounts itemized as expenses for other services are not treated as investment-related expenses. 5 An example of other services would be if the assets of the pension fund are held by a bank or trust company affiliated with the fund’s investment manager and the plan assets are used to pay custodial or trustee fees for the safekeeping of the investment assets, such as holding securities, settling trades, or collecting income. This exclu- sion means that if the total payments from plan assets to a service provider are expected to be less than $5,000, all pay- ments are treated as investment-related expenses and the service provider does not need to itemize the expenses in order for the plan to exclude these payments from target normal cost. B. Plans or Plan Amendments That Are Adopted after the End of the Plan Year Proposed § 1.430(d)-1(d)(1) would provide rules for which plan provisions are used to determine a plan’s funding tar- get and target normal cost for a plan year based on when the plan provisions were adopted and, if applicable, what election the plan administrator made. For plan provisions adopted by the plan’s valua- tion date, proposed § 1.430(d)-1(d)(1)(i) would provide that, except as otherwise provided in proposed § 1.430(d)-1(d)(1) (ii) and (iii), a plan’s funding target and target normal cost for a plan year are determined based on plan provisions that are adopted no later than the valuation date for the plan year and that take effect on or before the last day of the plan year. For example, in the case of a plan amendment adopted on or before the valuation date for the current plan year that has an effective date occurring in the current plan year, the plan amendment is taken into account in determining the funding target and the tar- get normal cost for the current plan year if it is permitted to take effect under the rules of section 436(c) for the current plan year, but the amendment is not taken into account for the current plan year if it does not take effect until a future plan year. For plan provisions adopted after the plan’s valuation date, the rules that apply are determined by the election made by the plan administrator. Pro- posed § 1.430(d)-1(d)(1)(ii)(A) would provide that if the plan administrator makes an election under section 412(d)(2) with respect to a plan amendment that is adopted no later than 2½ months after the end of the plan year, then the plan amend- ment will be taken into account in deter- mining the plan’s funding target and target normal cost for that plan year, provided that the plan amendment takes effect no later than the date it is adopted. This rule would apply even if the plan amendment were adopted during the plan year, consis- tent with prior revenue rulings. 6 Proposed § 1.430(d)-1(d)(1)(ii)(B) would provide that if an employer adopts a plan after the last day of the employ- er’s taxable year and before the due date for the employer’s income tax return for that taxable year (including extensions) and makes an election under the first sen- tence of section 401(b)(2), then the plan is treated as adopted on the last day of that taxable year. In such a case, the target nor- mal cost and funding target for the plan’s first plan year are determined based on the adopted plan provisions, provided that (1) the plan takes effect no later than the date 5 This $5,000 threshold is consistent with the reporting requirement on Form 5500, Schedule C for service providers who have rendered services to, or who had transactions with, the plan during the reporting year if the service provider received, directly or indirectly, $5,000 or more in reportable compensation in connection with services rendered or their position with the plan. 6 See, for example, Rev. Rul. 79-325, 1979-2 C.B. 190. Bulletin No. 2026–38 339 September 14, 2026 the plan is adopted; and (2) if the plan’s valuation date is before the date the plan is treated as being adopted, a section 412(d) (2) election is made. Proposed § 1.430(d)-1(d)(1)(ii)(C) would provide that if, before the due date (including extensions) for an employer’s income tax return for a taxable year, the employer adopts an amendment increas- ing benefits accrued under a plan effective as of any date during the plan year that immediately precedes the date of adop- tion, and makes an election under section 401(b)(3) with respect to the plan amend- ment, then the plan amendment is treated as having been adopted as of the last day of that preceding plan year. In such a case, the target normal cost and funding target for that preceding plan year are determined taking the plan amendment into account, provided that (1) the amend- ment takes effect no later than the date it is adopted, and (2) if the plan’s valuation date is before the date the amendment is treated as being adopted, a section 412(d) (2) election is made. Employers that make an election under either section 401(b)(2) or section 401(b) (3) should note that the deadline for mini- mum required contributions under section 430(j)(1) is 8½ months after the end of the plan year, while the deadline for adopt- ing a section 401(b)(2) or section 401(b) (3) amendment under either proposed § 1.430(d)-1(d)(1)(ii)(B) or (C) can be after that deadline, depending on the tim- ing of the plan year and the employer’s taxable year. C. Remedial Amendments Proposed § 1.430(d)-1(d)(1)(iii) would provide rules under which certain planned amendments are taken into account once plan operations are changed pursuant to those planned amendments. The exist- ing rule in § 1.430(d)-1(d)(1)(iii) would be revised as § 1.430(d)-1(d)(1)(iv) and is discussed later in part C of this Expla- nation of Provisions. Under proposed § 1.430(d)-1(d)(1)(iii)(A), if plan oper- ations are changed during a remedial amendment period (within the meaning of § 1.401(b)-1(d)) to make effective a future remedial amendment, then the provisions of the future remedial amendment would be treated as adopted on the date that the plan operations are changed. To the extent the actual remedial amendment that is adopted is different from the way the plan has been operated, the actual remedial amendment is treated as adopted when plan operations are changed to reflect the actual remedial amendment (if that change in plan operations occurs before the adoption date of the amendment). For example, this could happen in the case of a plan that is operated in accordance with a statutory change and then plan operations are updated to reflect published guidance interpreting that statutory change. Proposed § 1.430(d)-1(d)(1)(iii)(B) would provide that a plan makes effec- tive a future remedial amendment when (1) it is required to be amended to address a disqualifying provision that has been designated as such by the Commissioner pursuant to § 1.401(b)-1(b)(3), (2) the remedial amendment period with respect to that required amendment has not ended, and (3) plan operations are changed in anticipation of a proposed amendment to the plan relating to the disqualifying pro- vision. Proposed § 1.430(d)-1(d)(1)(iv) would provide substantially the same rule as existing § 1.430(d)-1(d)(1)(iii). However, proposed § 1.430(d)-1(d)(1)(iv) would not include the existing language regard- ing the effect of an election made under section 412(d)(2), as that issue would be separately addressed in proposed § 1.430(d)-1(d)(1)(ii)(A). D. Anti-Abuse Rule for Mid-Year Amendments that Increase Target Normal Cost Disproportionately Proposed § 1.430(d)-1(d)(2)(i) would modify the special rule in existing § 1.430(d)-1(d)(2) under which certain plan amendments that are not required to be taken into account under the rules of § 1.430(d)-1(d)(1), because the amend- ment is adopted after the valuation date for the plan year, must nonetheless be taken into account in determining a plan’s funding target and target normal cost for the plan year. A plan amendment would be subject to this rule if it (1) increases the liabilities of the plan by reason of increases in current benefits, establish- ment of new benefits, changing the rate of benefit accrual, or changing the rate at which benefits become nonforfeitable; (2) would not be permitted to take effect under the rules of section 436 as described in proposed § 1.430(d)-1(d)(2)(ii); and (3) would increase the target normal cost disproportionately, as described in § 1.430(d)-1(d)(2)(iii). Under proposed § 1.430(d)-1(d)(2)(i) (C), the anti-abuse rule in § 1.430(d)-1(d) (2) would apply only if the plan amend- ment increases the target normal cost disproportionately. For this purpose, pro- posed § 1.430(d)-1(d)(2)(iii) would pro- vide that a plan amendment increases the target normal cost disproportionately if the percentage increase in target normal cost as the result of the amendment is more than twice the percentage increase in the funding target as a result of the amend- ment (taking into account only the bene- fits of participants currently employed in the service of the employer). Comments are requested regarding other appropri- ate methods of measuring whether a plan amendment is considered to increase the target normal cost disproportionately, such as by comparing the present value of current year accruals with the present value of accruals in succeeding plan years. E. Change in Actuarial Assumptions or Funding Method Proposed § 1.430(d)-1(f)(1)(ii) would revise the existing rule in § 1.430(d)-1(f) (1)(ii) to address the situation in which an application to change actuarial assump- tions or funding method has been submit- ted to the Secretary, 7 but the Secretary has not yet approved the application when the assumptions or method are established for the plan year. In these situations, the proposed regulations would be amended to provide that the assumptions or fund- ing method can be changed for that plan 7 Rev. Proc. 2017-57, 2017-44 I.R.B. 474, sets forth the procedure for obtaining approval by the IRS for a change in the funding method or actuarial assumptions used for a single-employer defined benefit plan. September 14, 2026 340 Bulletin No. 2026–38 year in accordance with the Secretary’s approval of that application. F. Other Rules Regarding Actuarial Assumptions Proposed § 1.430(d)-1(f)(4)(iii) (C) would provide rules for determin- ing the present value of a distribution under § 1.430(d)-1(f)(4)(iii) that are sub- stantially the same as a rule in existing § 1.430(d)-1(f)(4)(iii)(C). However, the proposed rule would not include the exist- ing reference to the phase-in of the section 430(h)(2) segment rates that applied under section 430(h)(2)(G) for plan years begin- ning in 2008 or 2009. Proposed § 1.430(d)-1(f)(5)(i) and (f) (5)(ii)(A) are substantially the same as the corresponding provisions in the existing regulations but would make conforming edits to update the terminology used in those provisions to conform to the termi- nology used in § 1.411(a)(13)-1. Proposed § 1.430(d)-1(f)(5)(ii)(C) would provide that the option under § 1.430(d)-1(f)(4)(iii)(C) to substitute the generational mortality table may be used for purposes of determining the amount of an annuity distribution under § 1.430(d)-1(f)(5)(ii)(B). This provi- sion is substantially the same as existing § 1.430(d)-1(f)(5)(ii)(C), except that the heading would be revised to reflect that the option to adjust the present values to take into account the phase-in of segment rates under section 430(h)(2)(G) is no lon- ger applicable. Proposed Applicability Date The regulations are proposed to apply to plan years beginning on or after 6 months after the date of publication of the Treasury decision adopting these amend- ments to the regulations as final regula- tions in the Federal Register. Special Analyses I. Regulatory Planning and Review— Economic Analysis OMB’s Office of Information and Regulatory Affairs has determined that this proposed rule is not significant and is not subject to review under section 6(b) of Executive Order 12866, as amended. This proposed rule is expected to be an Executive Order 14192 deregulatory action. II. Paperwork Reduction Act This proposed rulemaking does not impose or revise any information collec- tions subject to 44 U.S.C. Chapter 35. III. Regulatory Flexibility Act The Regulatory Flexibility Act requires consideration of the regulatory impact on small businesses. It is hereby certified that these proposed regulations, if adopted, will not have a significant economic impact on a substantial number of small entities within the meaning of section 601(6) of the Regulatory Flexibility Act (5 U.S.C. chapter 6). The economic impact of these reg- ulations is not expected to be signifi- cant. These regulations are not expected to result in economically meaningful changes in behavior. They would update existing regulations in order to imple- ment statutory changes enacted after the publication of the 2009 regulations. They provide guidance for administrators and sponsors of single-employer defined ben- efit plans regarding the determination of target normal cost and the funding target. For the reasons stated, a regulatory flexibility analysis under the Regulatory Flexibility Act is not required. Notwith- standing the above, the Treasury Depart- ment and the IRS invite comments on the impact the proposed rules would have on small entities. Pursuant to section 7805(f) of the Code, this notice of proposed rulemaking will be submitted to the Chief Counsel for Advocacy of the Small Business Adminis- tration for comment on its impact on small business. IV. 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. The 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. V. Executive Order 13132: Federalism Executive Order 13132 (entitled Feder- alism) prohibits an agency from publish- ing any rule that has federalism implica- tions 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. The 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 a Public Hearing Before these proposed amendments to the final regulations are adopted as final regulations, consideration will be given to comments that are submitted timely to the IRS as prescribed in this preamble under the ADDRESSES heading. The Treasury Department and the IRS request comments on all aspects of the proposed regulations. Any comments submitted will be made available at https://www.regula- tions.gov or upon request. 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 also encouraged to be made electronically. If a public hearing is scheduled, notice of the date and time for the public hearing will be published in the Federal Register. Drafting Information The principal author of these proposed regulations is Tom Morgan of the Office of Associate Chief Counsel (Employee Benefits, Exempt Organizations, and Employment Taxes). However, other per- Bulletin No. 2026–38 341 September 14, 2026 sonnel from the Treasury Department and the IRS participated in their development. List of Subjects in 26 CFR Part 1 Income taxes, Reporting and record- keeping requirements. Proposed Amendments to the Regulations Accordingly, the Treasury Department and IRS propose to amend 26 CFR part 1 as follows: Paragraph 1. The authority citation for part 1 continues to read in part as fol- lows: Authority: 26 U.S.C. 7805 * * * * * * * * Section 1.430(d)-1 is also issued under 26 U.S.C 430(g)(3)(B) and 26 U.S.C. 430(h) (2). * * * * * Par. 2. Section 1.430(d)-1 is amended by: 1. Revising paragraph (b)(1)(iii)(B). 2. Adding paragraph (b)(1)(iii)(C). 3. Revising and republishing para- graphs (d)(1) and (2). 4. Revising paragraphs (f)(1)(ii) and (f)(4)(iii)(C). 5. Revising paragraph (f)(5)(i). 6. Revising paragraphs (f)(5)(ii)(A) and (C) and (g). The revisions and additions read as fol- lows: § 1.430(d)-1 Determination of target normal cost and funding target. * * * * * (b) * * * (1) * * * (iii) * * * (B) Plan-related expenses. For pur- poses of this paragraph (b)(1)(iii), plan-re- lated expenses consist of all amounts that are expected to be paid from plan assets that are neither benefits paid to participants or beneficiaries (treating the purchase of an annuity contract as the payment of benefits) nor investment-related expenses described in paragraph (b)(1)(iii)(C) of this section. Plan-related expenses include fees paid for professional services (such as legal, actuarial, and audit services), plan administration, and premiums paid to the Pension Benefit Guaranty Corpora- tion, among other items. (C) Investment-related expenses. Invest- ment-related expenses consist of invest- ment management fees and other expenses directly related to the investment of the plan’s assets. However, if the total pay- ments from plan assets to a service provider are expected to be $5,000 or more for a plan year and consist of investment-related expenses and expenses for other services (such as recordkeeping services), only those amounts that the service provider itemizes as investment management fees or other expenses directly related to the investment of the plan’s assets are treated as investment-related expenses. Amounts itemized as expenses for other services are not treated as investment-related expenses. * * * * * (d) Plan provisions taken into account--(1) General rule--(i) Plan pro- visions adopted by valuation date. Except as otherwise provided in paragraphs (d) (1)(ii) and (iii), and (d)(2) of this section, a plan’s funding target and target normal cost for a plan year are determined based on plan provisions that are adopted no later than the valuation date for the plan year and that take effect on or before the last day of the plan year. For example, in the case of a plan amendment adopted on or before the valuation date for the cur- rent plan year that has an effective date occurring in the current plan year, the plan amendment is taken into account in determining the funding target and the tar- get normal cost for the current plan year if it is permitted to take effect under the rules of section 436(c) for the current plan year, but the amendment is not taken into account for the current plan year if it does not take effect until a future plan year. (ii) Plan provisions adopted after val- uation date--(A) Impact of section 412(d) (2) election. If the plan administrator makes an election under section 412(d)(2) with respect to a plan amendment that is adopted no later than 2½ months after the end of a plan year, then the amendment will be taken into account in determining the plan’s funding target and target normal cost for that plan year, provided that the amend- ment takes effect no later than the date the amendment is adopted. The preceding sen- tence applies even if the plan amendment is adopted during the plan year. (B) Impact of section 401(b)(2) elec- tion. If an employer adopts a plan after the last day of the employer’s taxable year and before the due date for the employ- er’s income tax return for that taxable year (including extensions) and makes an election under the first sentence of sec- tion 401(b)(2), then the plan is treated as adopted on the last day of that taxable year. In such a case, the target normal cost and funding target for the plan’s first plan year are determined based on the adopted plan provisions, provided that-- (1) The plan takes effect no later than the date the plan is adopted; and (2) If the plan’s valuation date is before the date the plan is treated as being adopted, a section 412(d)(2) election is made. (C) Impact of section 401(b)(3) elec- tion. If, before the due date (including extensions) for an employer’s income tax return for a taxable year, the employer adopts an amendment increasing benefits accrued under a plan effective as of any date during the plan year that immediately precedes the date of adoption, and makes an election under section 401(b)(3) with respect to the plan amendment, then the plan amendment is treated as having been adopted as of the last day of that preceding plan year. In such a case, the target normal cost and funding target for that preceding plan year are determined taking the plan amendment into account, provided that-- (1) The amendment takes effect no later than the date it is adopted; and (2) If the plan’s valuation date is before the date the amendment is treated as being adopted, a section 412(d)(2) election is made. (iii) Special rule to reflect plan oper- ations during a remedial amendment period--(A) Requirement to reflect future remedial amendment. For purposes of this paragraph (d), if plan operations are changed during a remedial amend- ment period (within the meaning of § 1.401(b)-1(d)) to make effective a future remedial amendment, then the provisions of the future remedial amendment are treated as adopted on the date that the plan operations are changed. To the extent the language of the plan’s remedial amend- ment differs from the way the plan was operated at any point during the remedial amendment period, the remedial amend- September 14, 2026 342 Bulletin No. 2026–38 ment is treated as adopted only when plan operations were changed to reflect the lan- guage ultimately adopted in that amend- ment. (B) Future remedial amendment. A plan makes effective a future remedial amendment when-- (1) The plan is required to be amended to address a disqualifying provision that has been designated as such by the Com- missioner pursuant to § 1.401(b)-1(b)(3), (2) The remedial amendment period with respect to that required amendment has not ended, and (3) Plan operations are changed in anticipation of a proposed amendment to the plan relating to the disqualifying pro- vision. (iv) Determination of when an amend- ment takes effect. For purposes of this paragraph (d)(1)-- (A) The determination of whether an amendment that increases benefits takes effect and when it takes effect is made in accordance with the rules of section 436(c) and § 1.436-1(c)(5); and (B) In the case of an amendment that decreases benefits, the amendment takes effect under a plan on the first date on which the benefits of any individual who is or could be a participant or beneficiary under the plan would be less valuable than those benefits would be under the pre-amendment plan provisions if the individual were on that date to satisfy the applicable conditions for the benefits. (2) Special rule for certain amendments increasing liabilities--(i) In general. In the case of a plan amendment that takes effect by the last day of the plan year but is not required to be taken into account under the rules of paragraph (d)(1) of this section because it is adopted after the valuation date for the plan year, the plan amendment must nonetheless be taken into account in determining a plan’s funding target and target normal cost for the plan year if the plan amendment-- (A) Increases the liabilities of the plan by reason of increases in current benefits, establishment of new benefits, changing the rate of benefit accrual, or changing the rate at which benefits become nonforfeit- able; (B) Would not be permitted under sec- tion 436, as described in paragraph (d)(2) (ii) of this section; and (C) Disproportionately increases target normal cost, as described in paragraph (d) (2)(iii) of this section. (ii) Plan amendment that would not be permitted under section 436. A plan amendment is described in this paragraph (d)(2)(ii) if the plan amendment would not be permitted to take effect under the rules of section 436(c) as applied under this paragraph (d)(2)(ii). The rules of section 436(c) are applied under this paragraph (d)(2)(ii) by-- (A) Treating the increase in the target normal cost for the plan year attributable to the amendment (and all other amend- ments that must be taken into account solely because of the application of the rules in this paragraph (d)(2)) as if the increase were an increase in the funding target for the plan year; and (B) Taking into account all unpredict- able contingent event benefits permitted to be paid for unpredictable contingent events that occurred during the current plan year and all plan amendments that took effect in the current plan year (including all amendments to which this paragraph (d)(2) applies for the plan year). (iii) Plan amendment resulting in dis- proportionate increase in target normal cost. A plan amendment is described in this paragraph (d)(2)(iii) if the percentage increase in target normal cost as the result of the amendment is more than twice the percentage increase in the funding target as a result of the amendment (taking into account only the benefits of participants currently employed in the service of the employer). * * * * * (f) * * * (1) * * * (ii) Changes in actuarial assumptions and funding method. Actuarial assump- tions established for a plan year cannot subsequently be changed for that plan year unless the Secretary of the Treasury or the Secretary’s delegate (Secretary) either approves a request for a change in actuar- ial assumptions that was submitted before the actuarial assumptions were established for the plan year or determines that the assumptions that were used are unreason- able. Similarly, a funding method estab- lished for a plan year cannot subsequently be changed for that plan year unless the Secretary either approves a request for a change in funding method that was sub- mitted before the funding method was established for the plan year or determines that the use of that funding method for that plan year is impermissible. * * * * * (4) * * * (iii) * * * (C) Optional application of gener- ational mortality. In determining the present value of a distribution under this paragraph (f)(4)(iii), if the generational mortality tables under § 1.430(h)(3)-1(b) or § 1.430(h)(3)-2 are used for a plan, then an equal-weighted blend of the annu- itant mortality rates under the § 1.430(h) (3)-1(b) generational mortality tables for males and females may be used in lieu of the applicable mortality table under sec- tion 417(e)(3) that would apply to a distri- bution with an annuity starting date occur- ring on the valuation date. * * * * * (5) * * * (i) In general. In the case of a statutory hybrid plan described in § 1.411(a)(13)- 1(d)(5), if the amount of a future distri- bution is based on an interest adjustment applied to the current accumulated bene- fit, then the amount of that distribution is determined by projecting the future inter- est credits or equivalent amount under the plan’s interest crediting rules using actu- arial assumptions that satisfy the require- ments of paragraph (f)(3) of this section. Thus, if a plan provides for a single sum distribution equal to the balance of a par- ticipant’s hypothetical account under a cash balance plan, then the amount of that future distribution is equal to the projected account balance at the expected date of payment determined using actuarial assumptions that satisfy the requirements of paragraph (f)(3) of this section. (ii) * * * (A) General rule. In the case of a stat- utory hybrid plan with a lump sum-based benefit formula as described in § 1.411(a) (13)-1(d)(3), if the amount of an annuity distribution is based on either the balance of the hypothetical account maintained for a participant or the accumulated percent- age of a participant’s final average com- pensation, then the amount of that annuity distribution is calculated by converting the projected account balance (or accu- mulated percentage of final average com- Bulletin No. 2026–38 343 September 14, 2026 pensation), in accordance with paragraph (f)(5)(i) of this section, to an annuity by applying the plan’s annuity conversion provisions using the rules of this para- graph (f)(5)(ii). * * * * * (C) Optional application of genera- tional mortality. The option under para- graph (f)(4)(iii)(C) of this section to sub- stitute the generational mortality table may be used for purposes of determining the amount of an annuity distribution under paragraph (f)(5)(ii)(B) of this sec- tion. * * * * * (g) Applicability date. This section applies to plan years beginning on or after [DATE SIX MONTHS AFTER DATE OF PUBLICATION OF FINAL RULE]. For earlier plan years, taxpayers may apply either the rules of this section or the rules described in 26 C.F.R. § 1.430(d)-1 (as it appeared in the April 1, [2026], edition of 26 CFR part 1). Frank J. Bisignano, Chief Executive Officer. (Filed by the Office of the Federal Register August 19, 2026, 8:45 a.m., and published in the issue of the Federal Register for August 20, 2026, 91 FR 53803) Notice of Proposed Rulemaking Application of Section 250(b)(3)(A)(i)(VII) to Sales or Other Dispositions of Property REG-117130-25 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemak- ing. SUMMARY: This document contains proposed regulations under section 250 of the Internal Revenue Code (Code) that provide guidance on certain income of a domestic corporation that is excluded in the determination of deduction eligible income. This category of income consists of income and gain from the sale or other disposition of intangible property and any other property of a type that is subject to depreciation, amortization, or depletion. The proposed regulations would affect domestic corporations with foreign-de- rived deduction eligible income. DATES: Written or electronic comments must be received by October 5, 2026. ADDRESSES: Commenters are strongly encouraged to submit comments electron- ically via the Federal eRulemaking Portal at https://www.regulations.gov (indicate IRS and REG-117130-25) by following the online instructions for submitting comments. 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 availability any comment submitted electronically or on paper to its public docket. Send paper submissions to CC:PA:01:PR (REG- 117130-25), Room 5503, Internal Reve- nue Service, PO Box 7604, Ben Franklin Station, Washington, D.C., 20044. FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, contact Stefan A. Pruessmann or Michelle L. Ng at (202) 317-6939 (not a toll-free number); concerning submis- sions of comments and requests for a pub- lic hearing, contact the Publications and Regulations Section by email at publi- chearings@irs.gov (preferred) or by tele- phone at (202) 317-6901 (not a toll-free number). SUPPLEMENTARY INFORMATION: Authority This document contains proposed addi- tions and amendments to 26 CFR part 1 (proposed regulations) under section 250 of the Code. The provisions of the pro- posed regulations are issued pursuant to the express delegation of authority under section 250(b)(3)(A)(i)(VII) and (c). The proposed regulations are also issued pur- suant to the express delegation of author- ity under section 7805(a). Background I. Overview of Foreign-Derived Deduction Eligible Income For taxable years beginning after December 31, 2025, section 250(a)(1) allows a domestic corporation to deduct 33.34 percent of the corporation’s for- eign-derived deduction eligible income (FDDEI). FDDEI is the deduction eligible income (DEI) of any domestic corpora- tion derived in connection with (i) prop- erty sold to any person that is not a United States person and is for a foreign use, or (ii) services provided to any person, or with respect to property, not located within the United States. Section 250(b)(1). Section 250(b)(3)(A) defines DEI as the excess (if any) of a domestic corporation’s gross income determined without regard to certain categories of gross income over the expenses and deductions (including taxes), other than interest expense and research or experimental expenditures, properly allocable to such gross income. II. Changes to Foreign-Derived Deduction Eligible Income under the One, Big, Beautiful Bill Act Section 70322(a)(1) of Public Law 119- 21, 139 Stat. 72 (July 4, 2025), commonly known as the One, Big, Beautiful Bill Act (OBBBA), amended section 250(b)(3)(A) (i) to add a new category of income that is excluded from the determination of DEI. See section 250(b)(3)(A)(i)(VII). Specif- ically, for purposes of determining DEI and except as otherwise provided by the Secretary, section 250(b)(3)(A)(i)(VII) (aa) and (bb) excludes from gross income any income and gain from the sale or other disposition (including pursuant to the deemed sale or other deemed disposition or a transaction subject to section 367(d)) of intangible property (as defined in sec- tion 367(d)(4)), and any other property of a type that is subject to depreciation, amortization, or depletion by the seller, respectively. Additionally, section 70322(a)(2) of the OBBBA amended section 250(b)(5) (E) (defining the terms “sold,” “sells,” and “sale”, collectively, “sale”) to provide that section 250(b)(5)(E) does not apply for purposes of the new category of gross September 14, 2026 344 Bulletin No. 2026–38 income excluded from the determination of DEI in section 250(b)(3)(A)(i)(VII). 1 For purposes of section 250(b), except for paragraph (3)(A)(i)(VII) as amended by the OBBBA, the terms “sold,” “sells,” and “sale” included any lease, license, exchange, or other disposition. Section 250(b)(2)(E). Therefore, the general defi- nition of sale under section 250 (which includes leases, licenses, exchanges, or other dispositions) does not apply to sales described in section 250(b)(3)(A)(i)(VII). Section 70322(a)(3) of the OBBBA provides that the amendments to exclude income and gain from certain property sales, and the modification to the gen- eral definition of sale, apply to sales or other dispositions (including pursuant to deemed sales or other deemed dispo- sitions or transactions subject to section 367(d)) occurring after June 16, 2025. Section 70321(a) amended section 250(a)(1) by reducing the percentage of FDDEI permitted to be deducted under section 250 from 37.5 percent to 33.34 percent. Section 70322(b)(1) of the OBBBA amended section 250(b)(3)(A) (ii), which provides rules regarding the deductions properly allocable to DEI. Section 70323(b) of the OBBBA removed the deemed intangible income (DII) and deemed tangible income return (DTIR) components from the computation of for- eign-derived intangible income (FDII), replaced “foreign-derived intangible income” with “foreign-derived deduction eligible income,” and made conforming amendments to reflect the revised terms and redesignated provisions, effective for taxable years beginning after December 31, 2025. III. Notice 2025-78 On December 4, 2025, the Treasury Department and the IRS released Notice 2025-78, 2025-52 I.R.B. 874, describing rules expected to be included in forthcom- ing proposed regulations addressing the scope of certain property sales or dispo- sitions that are excluded from the deter- mination of DEI under section 250(b)(3) (A)(i)(VII), which, when finalized, would apply to sales or other dispositions occur- ring after June 16, 2025. However, Notice 2025-78 permitted taxpayers to rely on the rules described therein for sales or other dispositions occurring after June 16, 2025, and before these proposed regulations are published in the Federal Register, pro- vided taxpayers apply the rules in their entirety and in a consistent manner for all applicable taxable years. Explanation of Provisions I. Overview Consistent with Notice 2025-78, the proposed regulations would address the meaning and scope of section 250(b)(3) (A)(i)(VII), which, as noted previously, excludes from DEI income and gain from the sale or other disposition of (1) intan- gible property and (2) other property of a type subject to depreciation, amortization, or depletion by the seller. The proposed regulations would also modify certain regulations under section 250 to reflect other amendments under the OBBBA and to clarify that FDDEI remains a subset of DEI. The Treasury Department and the IRS intend to address other changes made by the OBBBA, including with respect to the deductions properly allocable to DEI and the removal of the DTIR and DII from the FDII calculation, in separate guidance. II. Excluded Property Sales Income A. In General Under proposed §1.250(b)-1(c)(15) (vii), gross DEI would be determined without regard to a new category of gross income, “excluded property sales income.” Proposed §1.250(b)-1(h) would provide rules to determine whether income and gain from the sale or dispo- sition of certain property to any person is treated as excluded property sales income. Proposed §1.250(b)-1(h)(1) would define “excluded property sales income” to mean any income and gain derived from the sale or other disposition of two categories of property: intangible property and “other excluded property.” B. Intangible Property Section 250(b)(3)(A)(i)(VII)(aa) excludes sales or dispositions of intangi- ble property, as defined in section 367(d) (4), from DEI (and, thus, from FDDEI). Existing regulations under section 250 define intangible property by reference to section 367(d)(4) and specify that, for purposes of section 250, intangible prop- erty does not include a copyrighted arti- cle as defined in §1.861-18(c)(3). See §1.250(b)-3(b)(11). Thus, for purposes of section 250, a copyrighted article includes a copy of digital content from which the work can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. See §1.861-18(c)(3). Section 3.01(3) of Notice 2025-78 used the same definition of intangible property as the existing section 250 regulations, including that this term does not include a copyrighted article as described in §1.861-18(c)(3). Proposed §1.250(b)-1(h) (1)(i) would provide the same defini- tion of intangible property by reference to §1.250(b)-3(b)(11). See proposed §1.250(b)-1(h)(1)(i). Comments in response to Notice 2025-78 requested further clarity on the treatment of software transactions in the context of intangible property and other excluded property. These comments are addressed below in part II.E of this Expla- nation of Provisions section. C. Other Excluded Property Consistent with section 3.01(4) of Notice 2025-78, the proposed regulations would generally define property of a type that is subject to depreciation, amortiza- tion, or depletion (other excluded prop- erty) as property that, in the hands of the seller, is or has been of a character sub- ject to the allowance for depreciation, or is or has been subject to an allowance for amortization or depletion. See proposed §1.250(b)-1(h)(2)(ii). Therefore, other 1 Section 250(b)(5)(E) was redesignated section 250(b)(2)(E) by section 70323(b)(2)(B)(ii) of the OBBBA for taxable years beginning after December 31, 2025. Unless otherwise indicated, references to section 250 in this preamble are with respect to section 250, as amended by the OBBBA. Bulletin No. 2026–38 345 September 14, 2026 excluded property would not include, for example, property that has always been held as inventory by the seller because such property would not be “of a charac- ter” subject to the allowance for depreci- ation. For property subject to depreciation under section 167, the proposed regula- tions would adopt the phrase “property of a character subject to the allowance for depreciation under section 167” to inter- pret the phrase “property of a type that is subject to depreciation” that appears in section 250(b)(3)(A)(i)(VII)(bb). This phrasing is adopted because it is a term of art commonly used to describe property depreciated under section 167, including by Congress in other Code provisions that reference section 167, such as sections 174A(c)(1) (Domestic research or exper- imental expenditures), 197(f)(7) (Amorti- zation of goodwill and certain other intan- gibles), 1221(a)(2) (Capital asset defined), and 1231(b)(1) (Property used in the trade or business and involuntary conversions). Consistent with section 3.01(6) of Notice 2025-78, the proposed regula- tions would generally provide that other excluded property retains its character in the hands of certain related parties if acquired pursuant to a basis-carryover transaction with a principal purpose of avoiding the application of section 250(b)(3)(A)(i)(VII)(bb). See proposed §1.250(b)-1(h)(3). A comment in response to Notice 2025- 78 requested a “remanufacturing” excep- tion, such that other excluded property would not include previously depreciated property that is materially transformed or remanufactured into property held for sale as inventory. The commenter noted that companies often lease or use high-value assets in their trade or business and later repurpose, remanufacture, or refurbish such property for sale to unrelated for- eign customers. The commenter asserted that including gain from property that reflects new investment, value creation, and foreign-market expansion as excluded property sales income is inconsistent with the treatment of inventory or newly man- ufactured property, the income and gain from which is not subject to the exclusion in section 250(b)(3)(A)(i)(VII)(bb). The commenter also recommended a depre- ciation recapture limitation for taxpayers that do not remanufacture property that would limit the portion of the gain from other excluded property to the amount that reflects previously claimed depreci- ation, with any gain above that amount remaining eligible for DEI and, there- fore, FDDEI. Recognizing concerns with related party transactions that obscure prior use or artificially qualify gain for FDDEI, the commenter supported the continued application of the related-party anti-abuse rule under section 3.01(6) of Notice 2025-78, and suggested the depre- ciation recapture limitation could be inap- plicable if the asset was acquired from a related party with a principal purpose of avoiding exclusion. The proposed regulations would not adopt the requested remanufacturing exception or the depreciation recapture limitation. The Treasury Department and the IRS are of the view that the phrase in section 250(b)(3)(A)(i)(VII)(bb), “other property of a type that is subject to depre- ciation, amortization, or depletion by the seller,” would include, for example, prop- erty that has been subject to any deprecia- tion in the hands of the seller. Thus, prop- erty previously depreciated in a trade or business and repurposed, remanufactured, or refurbished into inventory would retain its characterization as property subject to depreciation. Furthermore, the requested depreciation recapture limitation is con- trary to section 250(b)(3)(A)(i)(VII), which excludes all income and gain from the sale or other disposition of referenced property and does not suggest a limitation to depreciation recapture. As a result, the proposed regulations do not include the requested exception or limitation. D. Sales or Other Dispositions As explained in the Background section of this preamble, the general definition of “sale” for section 250 purposes does not apply for purposes of section 250(b)(3) (A)(i)(VII). Instead, and consistent with section 3.01(2) of Notice 2025-78, the proposed regulations would determine a sale or other disposition for this purpose under general Federal income tax princi- ples and include deemed sales, transac- tions subject to section 367(d), and other deemed dispositions. Accordingly, any transaction or election that is treated as a sale or other disposition of property for Federal income tax purposes (rather than a sale under the broader definition of “sale” for section 250 purposes that includes leases and licenses) would be considered a sale or other disposition under proposed §1.250(b)-1(h)(2)(iii). In order to conform to the statutory changes, the proposed regulations would remove and reserve several examples in §1.250(b)-4(d)(2)(iv)(B) that involve the sale of intangible property. E. Software Transactions Section 1.861-18 provides rules for classifying transactions involving soft- ware and other digital content for pur- poses of section 250 and certain other provisions. §1.861-18(a)(1). As explained above in part II.B of this Explanation of Provisions section, and consistent with the approach taken in the existing 250 regula- tions, Notice 2025-78 provided that intan- gible property does not include a copy- righted article as defined in §1.861-18(c) (3). Two commenters agreed with the approach to exclude copyrighted articles from intangible property in Notice 2025- 78 and requested additional examples and clarifications in the software context. Commenters requested modifying the facts in Example 1 of Notice 2025-78, which illustrates a software transaction that would be treated as a sale of intangi- ble property, to provide additional details on the form of consideration and the trans- feree’s use of the property. However, the Treasury Department and the IRS are of the view that the sale versus license deter- mination does not depend on the form of consideration or the transferee’s use of the intangible property. See Rev. Rul. 57-40, 1957-1 C.B. 266 (transfer of pat- ent with all substantial rights considered a sale regardless of whether consideration is for productivity, use or disposition of the property transferred); see also E.I. du Pont de Nemours & Co. v. United States, 432 F.2d 1052 (3d Cir. 1970). Therefore, the proposed regulations would not mod- ify the facts of Example 1. One commenter requested an addi- tional example illustrating that the sale of a copyrighted article by a domestic corpo- ration, whether through an electronic or physical medium, should not be consid- September 14, 2026 346 Bulletin No. 2026–38 ered a sale of intangible property or other excluded property, even if the domestic corporation uses the software in its own business. The commenter also requested an example illustrating that a “lease” of a copyrighted article, where the term of the arrangement to the customer is of a lim- ited duration, would not be excluded from DEI because there has been no “sale” of property. To provide the additional clar- ity requested in the software context, the proposed regulations would include the two requested examples. See proposed §1.250(b)-1(h)(4)(ii) (Example 2). The analysis in the first requested example is also illustrated by Example 4 (sale of air- planes) in proposed §1.250(b)-1(h)(4)(iv). A comment also requested an addi- tional example illustrating that income or gain from a transfer of a copy of a com- puter program with a limited duration license is not excluded from DEI. Because the comment relates to the characteriza- tion of digital content transactions under §1.861-18, it is outside the scope of the proposed regulations. Accordingly, the proposed regulations would not include the requested example. III. Clarification that FDDEI is a subset of DEI As a result of the OBBBA amend- ments to remove the DTIR and DII com- ponents from the calculation and replace “foreign-derived intangible income” with “foreign-derived deduction eligi- ble income,” the foreign-derived ratio in §1.250(b)-1(c)(13) is no longer needed to compute the deduction under section 250(a)(1). The OBBBA amendments, however, did not modify the definition of FDDEI, including the treatment of FDDEI as a subset of DEI. See section 250(b)(1) (“The term ‘foreign-derived deduction eligible income’ means...any deduction eligible income which is derived in con- nection with” certain property and ser- vices). Accordingly, the proposed regula- tions would clarify that FDDEI continues to be limited by the amount of DEI. See proposed §1.250(b)-1(c)(12). IV. Applicability Dates and Reliance The Treasury Department and the IRS expect to finalize these proposed regula- tions by January 4, 2027. Pursuant to the authority conferred by section 7805(b) (2), the proposed regulations are gener- ally proposed to apply to sales or other dispositions (as defined in proposed §1.250(b)-1(h)(2)(iii)) occurring after June 16, 2025. See proposed §1.250-1(b). However, the proposed amendment to §1.250(b)-1(c)(12) (clarifying FDDEI is a subset of DEI) would apply to taxable years beginning after December 31, 2025. Taxpayers may rely on the proposed reg- ulations for sales or other dispositions (as defined in proposed 1.250(b)-1(h)(2)(iii)) before the date final regulations are pub- lished in the Federal Register, provided the taxpayer and its related parties (within the meaning of §1.250(b)-1(c)(19)) follow the 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 determined that the proposed rulemaking is significant and subject to review under section 3(f) of Executive Order 12866 and section 1(c) of the Memorandum of Agreement. Accord- ingly, the proposed regulations have been reviewed by OMB. This rule is expected to be an Executive Order 14192 regula- tory action. A. Background The Tax Cuts and Jobs Act of 2017 (TCJA), Public Law 115-97, fundamen- tally revised the U.S. international tax system, including through the enactment of the global intangible low-taxed income (GILTI) regime under section 951A and the FDII deduction under section 250. Congress enacted these provisions in part to reduce incentives for U.S. multinational enterprises to locate or move intangible income abroad, including in low- or zero- tax foreign jurisdictions, and to neutralize tax considerations in choosing whether to serve foreign markets through U.S.-based operations or through CFCs. 2 Section 250 allows a domestic corporation a deduc- tion equal to a percentage of its FDDEI, which generally consists of DEI derived from property sold to foreign persons for foreign use, and services provided to per- sons, or with respect to property, located outside the United States. The section 250 deduction lowers the effective corporate tax rate on qualifying income. 3 As enacted in 2017, section 250(b)(3) (A)(i) excluded six categories of income from DEI, including Subpart F inclu- sions, GILTI, financial services income, dividends from controlled foreign corpo- rations, domestic oil and gas extraction income, and foreign branch income. Until the 2025 enactment of section 250(b)(3) (A)(i)(VII), section 250 did not gener- ally exclude income or gain derived from 2 See Senate Committee on the Budget, 115th Cong., Reconciliation Recommendations Pursuant to H. Con. Res. 71 (available at https://www.govinfo.gov/content/pkg/CPRT-115SPRT27718/ pdf/CPRT-115SPRT27718.pdf). The FDII provision "Reasons for change" state: “[O]ffering similar...rates for intangible income derived from serving foreign markets, whether through U.S.-based operations or through CFCs, reduces or eliminates the tax incentive to locate or move intangible income abroad, thereby limiting one margin where the Code distorts business investment decisions.” 3 Under the original TCJA version of section 250, the 37.5 percent FDII deduction rate reduced the effective U.S. corporate tax rate on FDII from 21 percent to 13.125 percent. Under current law, the 33.34 percent FDDEI deduction rate reduces the effective U.S. corporate tax rate on FDDEI from 21 percent to 14 percent. Bulletin No. 2026–38 347 September 14, 2026 sales or other dispositions of intangible property or depreciable, amortizable, or depletable business property from DEI. As a result, taxpayers could claim FDII benefits with respect to certain disposi- tions of such property. This treatment could undermine the policy objectives of the TCJA’s changes to the U.S. inter- national tax system, which were princi- pally directed toward curbing erosion of the U.S. tax base through the offshoring of property that generates ongoing for- eign-market intangible income. Section 70322(a)(1) of the OBBBA amended section 250(b)(3)(A)(i) to add a seventh category of income excluded from DEI. Specifically, section 250(b)(3) (A)(i)(VII) excludes from DEI, except as otherwise provided by the Secretary, income and gain from the sale or other disposition of: (i) intangible property within the meaning of section 367(d)(4); 4 and (ii) other property of a type that is subject to depreciation, amortization, or depletion by the seller (excluded property sales income). The exclusion addresses a narrow category of transactions where taxpayers could obtain a tax benefit for offshoring their intangible property and business operations. Section 70322(a)(2) of the OBBBA makes a conforming change to the section 250 definition of “sale.” This change pre- vents the broad section 250 definition of “sale,” which generally includes leases, licenses, exchanges, and other disposi- tions, from applying to the new income exclusion in section 250(b)(3)(A)(i)(VII). As a result, a sale or other disposition for purposes of the income exclusion in sec- tion 250(b)(3)(A)(i)(VII) does not include leases and licenses. Section 70322(a)(3) of the OBBBA provides that these statutory amendments apply to sales or other dispositions occur- ring after June 16, 2025. In addition to the Secretary’s express regulatory authority to determine the scope of the exclusion in section 250(b)(3)(A)(i)(VII), the statute grants express regulatory authority to pre- scribe regulations necessary or appropri- ate to carry out the provisions of section 250. On December 4, 2025, the Treasury Department and the IRS issued Notice 2025-78 announcing the intent to issue proposed regulations under section 250. 4 The notice provided preliminary guidance addressing the scope of excluded property sales income, and included several defini- tions and examples illustrating the appli- cation of the rules. B. Need for Proposed Regulations The proposed regulations provide guidance to taxpayers in applying section 250(b)(3)(A)(i)(VII) to the determination of the type and amount of income eligi- ble for the section 250 deduction. The Treasury Department and the IRS are of the view that regulatory guidance would provide administrable standards, reduce uncertainty, improve consistency among similarly situated taxpayers, and pre- vent inappropriate claims of FDDEI with respect to income from the disposition of intangible property and business assets that Congress excluded from DEI. C. The Proposed Regulations Consistent with Notice 2025-78, the proposed regulations provide rules to determine when income and gain from the disposition of property would be treated as excluded property sales income, including any income and gain derived from the sale or other dispo- sition of (i) intangible property, or (ii) property that in the hands of a seller: (a) is or has been treated as property that is of a character subject to the allowance for depreciation under section 167, (b) is or has been subject to an allowance for amortization, or (c) is or has been sub- ject to the allowance for depletion under section 611. In particular, as discussed in the Explanation of Provisions section of this preamble, the proposed regulations would (i) provide definitions consistent with existing statutory and regulatory provisions; (ii) pursuant to the author- ity granted to the Secretary of the Trea- sury in section 250(b)(3)(A)(i)(VII) and section 250(c), clarify that income and gain from the sale of copyrighted arti- cles and property that has always been held as inventory by the seller would not be treated as excluded property sales income, with the latter subject to a related party anti-abuse rule; and (iii) modify certain regulations under section 250 to reflect amendments under the OBBBA and clarify that FDDEI remains a subset of DEI. D. 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. E. Economic Effects of the Proposed Regulations 1. Affected taxpayers The broadest measure of taxpayers potentially affected by the proposed reg- ulations includes all taxpayers that claim an FDII deduction under section 250 on Form 1120, “U.S. Corporation Income Tax Return” (or any successor form). The Treasury Department and the IRS have determined that between 2018 and 2023, the number of Form 1120 filers that had claimed an FDII deduction has increased from 4,000 to 6,900. The estimated number of FDDEI claimants in 2026 is expected to range from 7,000 to 7,500. However, only a subset of those taxpay- ers is expected to be affected by the statu- tory change, and an even smaller subset is expected to be materially affected by the proposed regulations relative to the statu- tory baseline. 4 Section 367(d) generally applies to certain outbound transfers of intangible property by a U.S. person to a foreign corporation in an otherwise nonrecognition transaction. Section 367(d) treats the U.S. transferor as having transferred the intangible property in exchange for deemed payments contingent on the productivity, use, or disposition of the property, which are generally included in income over the useful life of the transferred intangible property. Section 250(b)(3)(A)(i)(VII) expressly includes transactions subject to section 367(d), ensuring that income arising from such outbound intangible property transfers is within the scope of the DEI exclusion. 5 See 2025-52 I.R.B. 874 at https://www.regulations.gov/document/IRS-2025-0268-0001. September 14, 2026 348 Bulletin No. 2026–38 Table 1: Approximate number of taxpayers claiming an FDII deduction, by year 6 Tax yearTotal number of taxpayers claiming FDII deduction 20184,000 20194,900 20204,700 20215,500 20226,900 20236,900 The statutory amendment excludes cer- tain categories of sales income from DEI, potentially affecting a subset of all FDII claimants, i.e., taxpayers that recognize income or gain from the sale or other dis- position of intangible property, or depre- ciable, amortizable, or depletable property used in a trade or business. Available data do not allow the Trea- sury Department and the IRS to identify the exact transactions or product types that contribute to each taxpayer’s FDII deduc- tion. However, Form 8993 reports gross FDDEI by three income categories: sales of general property, sales of intangible property, 7 and services. Table 2 uses these data to present, by industry, the number of taxpayers claiming an FDII deduction in tax year 2021 and their aggregate gross FDDEI by income category. Gross FDDEI is narrowed further by taking into account allocated and appor- tioned deductions to get to net FDDEI, the income base on which the section 250 deduction is computed. Accordingly, gross FDDEI exceeds net FDDEI, a por- tion of which becomes the final section 250 deduction amount. In tax year 2021, taxpayers reported $912 billion of aggre- gate gross FDDEI, as shown in Table 2, compared to $112 billion of aggregate section 250 deductions for FDII. 8 With these limitations in mind, the gross FDDEI data nevertheless provide useful information about the industries in which affected transactions are more likely to arise. Firms in certain indus- tries are more likely to be affected by the statute because they generate income from intangible property or use produc- tion assets that are depreciable, amortiz- able, and depletable. Firms in the Infor- mation industry (e.g., publishers and software producers) are more likely to engage in transactions involving intan- gible property. In 2021, 9 percent of all firms claiming a FDII deduction (about 500 by count) are characterized as such, and they account for 55 percent of the gross FDDEI derived from all sales of intangible property. Similarly, firms in the Manufacturing industry may be more likely to use and sell assets that are depreciable, amortizable and depletable. 9 In 2021, 31 percent of all firms claiming a FDII deduction (about 1,710 by count) are characterized as manufacturing firms, and they account for 46 percent of the gross FDDEI derived from all sales of general property. Table 2: Taxpayers claiming a FDII deduction in tax year 2021, by industry 10 Panel A: Taxpayer counts and gross FDDEI amounts IndustryCount Total gross FDDEI ($B) Gross FDDEI by type ($B) General property Intangible property Services Commodities and Trade2,080$257$167$30$60 Manufacturing1,710$343$189$76$77 Services1,020$36$4$12$20 Information500$248$45$150$53 Finance and Holding Companies190$27$3$5$19 Total5,500$912$409$273$230 6 Taxpayer counts are rounded to the nearest hundred, and based on tax filings of Forms 1120, 8993, and 1118. 7 Sales of intangible property, as reported in Form 8993, includes income from leases and licenses, which income is not subject to the exclusion in section 250(b)(3)(A)(i)(VII). 8 See https://www.irs.gov/pub/irs-soi/21it02sec250ind.xlsx. 9 For example, a domestic corporation that uses machinery in its manufacturing business may claim depreciation deductions with respect to that machinery. Income or gain from the later sale or other disposition of that machinery may be excluded from DEI under section 250(b)(3)(A)(i)(VII)(bb). 10 Taxpayer counts are rounded to the nearest ten and based on tax filings of Forms 8993 in tax year 2021. Industries are defined at the 2-digit NAICS-level and grouped as follows: Commod- ities and Trade (11, 21, 22, 42, 44, 45, 46, 48, 49, 56); Manufacturing (23, 31, 32, 33); Services (54, 61, 62, 71, 72, 81); Information (51); and Finance and Holding Companies (52, 53, 55). Total gross FDDEI amounts are aggregated using Form 8993, Part II, line 11. Bulletin No. 2026–38 349 September 14, 2026 Panel B: Shares of total IndustryCount Total gross FDDEI Gross FDDEI by type General property Intangible property Services Commodities and Trade38%28%41%11%26% Manufacturing31%38%46%28%34% Services19%4%1%4%9% Information9%27%11%55%23% Finance and Holding Companies3%3%1%2%8% The population materially affected by the proposed regulations would be nar- rower. The proposed regulations primarily affect taxpayers whose transactions raise interpretive or characterization issues addressed in the regulations. The subset of taxpayers materially affected by the pro- posed regulations, relative to the statutory baseline, likely includes taxpayers with transactions involving copyrighted arti- cles and taxpayers disposing of mixed-use property. While the Treasury Department and the IRS do not have the data or models required to precisely estimate the num- ber of taxpayers affected by the proposed regulations, they expect the proposed regulations to primarily affect taxpayers that currently claim FDII deductions on income and gain derived from signifi- cant asset disposition transactions. The proposed regulations are not expected to materially affect corporations that do not claim FDII deductions; do not engage in significant sales or other dispositions of property of a type that is subject to depre- ciation, amortization, or depletion (other excluded property); and do not engage in transactions involving the interpretive issues addressed by the proposed regula- tions. 2. Economic effects The proposed regulations are expected to provide clarity and certainty regarding the treatment of income and gains from sales of copyrighted articles (including software), and inventory. Taken together, the proposed regulations would reduce inconsistent treatment among similarly situated taxpayers, legal disputes arising from ambiguous reading of the statute, compliance costs associated with uncer- tain tax positions, and incentives to struc- ture transactions to exploit ambiguity. a. Clarify meanings of relevant terms The proposed regulations clarify two sets of terms that determine the scope of excluded property sales income under section 250(b)(3)(A)(i)(VII). First, the proposed regulations clarify that, for pur- poses of this exclusion, a “sale or other disposition” is determined under general tax principles and does not include a trans- action characterized as a lease or license. Second, the proposed regulations define other excluded property by reference to existing depreciation, amortization, deple- tion, and inventory concepts, rather than creating a new section 250-specific prop- erty classification regime. i. Clarify the meaning of “sale” The statute amends the definition of “sale” in section 250 to provide that the broad section 250 definition of sale, which includes any lease, license, exchange or other disposition, does not apply for pur- poses of the income exclusion in section 250(b)(3)(A)(i)(VII). In other words, Con- gress indicated that the income exclusion in section 250(b)(3)(A)(i)(VII) should apply only to transactions that are treated as sales or other dispositions (including deemed sales and dispositions), and not to other categories of transactions, such as those characterized as leases or licenses. Consistent with Notice 2025-78, the proposed regulations would further clarify this distinction and provide that a sale or other disposition for purposes of section 250(b)(3)(A)(i)(VII) is determined under general Federal income tax principles and includes deemed sales, deemed disposi- tions, and transactions subject to section 367(d). A transaction characterized as a lease or license under general tax princi- ples would not be treated as a sale or other disposition, and income from such trans- actions would therefore not be excluded from DEI under section 250(b)(3)(A)(i) (VII), although the income would remain subject to the other requirements and lim- itations of section 250. This clarification is expected to reduce uncertainty for taxpayers that earn income from software, technology, intellectual property, equipment leasing, and other arrangements that may involve both sale and license or lease features. It provides a clear distinction between disposition income, which Congress excluded from DEI, and income from lease or license arrangements, which may remain in DEI if it otherwise qualifies. This distinction is particularly relevant for owners of intan- gible property because taxpayers may exploit intellectual property through sev- eral different transaction forms, includ- ing outright sales, transfers of copyright rights, licenses, and transactions that are treated as services or cloud transac- tions under existing rules. Some of these transaction forms may generate the type of foreign-market income that Congress intended to encourage through the section 250 deduction, while others may involve dispositions that facilitate the offshoring of intellectual property or business assets and are therefore excluded from DEI under section 250(b)(3)(A)(i)(VII). The proposed approach allows tax- payers to apply existing general Fed- eral income tax principles to determine whether a transaction is a sale or other September 14, 2026 350 Bulletin No. 2026–38 disposition for purposes of section 250(b) (3)(A)(i)(VII). An alternative framework would be to create a separate section 250-specific characterization regime, including rules identifying particular cate- gories of transactions that would or would not qualify as sales or other dispositions. The Treasury Department and the IRS do not view this as a sound alternative. Such a regime would introduce special classifica- tion rules for a narrow purpose, increasing compliance burdens, administrative com- plexity, and disputes over economically similar transactions. It also would need to be coordinated with OBBBA’s conform- ing amendment to the section 250 defi- nition of sale, which prevents the broad, general section 250 definition of sale from applying for purposes of section 250(b)(3) (A)(i)(VII). By relying instead on general tax principles, the proposed regulations reduce the need for taxpayers to charac- terize the same transaction differently for section 250 than for other Federal income tax purposes. Accordingly, under the proposed reg- ulations, excluded property sales income does not include income or gain from the lease or license of property. This approach avoids collapsing the statu- tory distinction between a disposition of property and an ordinary lease or license arrangement. For example, treating license income as excluded sales income could cause a taxpayer earning royalties from a license of intangible property to be treated the same as a taxpayer that sells the underlying intangible property, even though the legal and economic consequences of those transactions may differ materially. This could create distor- tions among transaction forms and over- extend the exclusion beyond income and gain from sales or other dispositions of specified property. ii. Provide definitions consistent with existing statutory and regulatory provisions The proposed regulations generally define the key categories of other excluded property by reference to existing statutory and regulatory concepts. Other excluded property would include property that is not intangible property and that, in the hands of the seller, is or has been treated as prop- erty of a character subject to the allowance for depreciation under section 167, is or has been subject to an allowance for amor- tization, or is or has been subject to the allowance for depletion under section 611. Therefore, property that has always been held as inventory by the seller would not be other excluded property because such property has not been “of a character” subject to the allowance for depreciation. The proposed regulations also coordinate this definition with the existing definitions of intangible property and copyrighted articles. Using existing statutory and regulatory concepts is expected to reduce administra- tive burden. Taxpayers generally already classify property for purposes of depreci- ation, amortization, depletion, inventory accounting, and gain characterization. By relying on familiar concepts, the pro- posed regulations reduce the need for taxpayers to apply a new property clas- sification system solely for section 250. This approach also promotes consistent treatment between section 250 and other Federal income tax provisions that already determine whether property is deprecia- ble, amortizable, depletable, inventory, or intangible property. The direct definitional approach is expected to be particularly helpful for tax- payers with mixed categories of property, including manufacturers, software compa- nies, natural resource businesses, and tax- payers that hold both business-use assets and inventory. These taxpayers may sell property that is depreciable in one context but inventory in another. The proposed regulations would provide a more targeted rule by focusing on the character of the property in the hands of the seller and by distinguishing ordinary-course inventory sales from dispositions of the seller’s own depreciable, amortizable, or depletable business assets. The proposed definitions are also expected to reduce disputes over border- line property categories. Without regu- latory clarification, taxpayers could take inconsistent positions regarding whether section 250(b)(3)(A)(i)(VII)(bb) applies to fully depreciated property, amortizable property, depletable property, software, inventory, or property that changes use before sale. The proposed regulations would reduce these uncertainties by pro- viding definitions tied to established Code provisions and by adding targeted rules for related-party transfers and reclassified property. b. Clarify intangible property does not include copyrighted articles The proposed regulations would clarify that, for purposes of section 250(b)(3)(A) (i)(VII)(aa), intangible property does not include a copyrighted article. This rule distinguishes between a disposition of copyright rights, which may be excluded from DEI as a sale or other disposition of intangible property, and a sale of an article embodying copyrighted content, which is not excluded from DEI solely because the article is protected by copy- right. A copyrighted article may neverthe- less be excluded from DEI if the separate exclusion for property of a type subject to depreciation, amortization, or depletion applies. Ideally, the Treasury Department and the IRS would estimate the economic effect of this clarification using tax return data that directly identify FDDEI attributable to sales of copyrighted arti- cles. Available tax return data do not separately identify those transactions. The Treasury Department and the IRS therefore considered industry informa- tion as a proxy for identifying taxpayers more likely to engage in affected trans- actions, given that certain businesses are more likely than others to sell copy- righted articles. This proxy is necessarily imperfect: taxpayers within an industry may earn income from multiple activ- ities, and only some of those activities may involve sales of copyrighted arti- cles. Nonetheless, industry information can help assess the size of the relevant taxpayer population. Taxpayers in the Information industry are expected to be among the taxpayers most likely to be affected because they are more likely than taxpayers in other industries to sell software, digital media, publications, or other products embody- ing copyrighted content. As noted above, in 2021 approximately 500 taxpayers claiming an FDII deduction, or 9 per- cent of the total, were in the Information industry. Total gross FDDEI reported by FDII claimants in the information indus- Bulletin No. 2026–38 351 September 14, 2026 try totaled $248 billion, $150 billion of which was FDDEI from sales of intangi- ble property, which likely includes sales of copyrighted software and other digital content. The principal economic effect of this rule is expected to be increased certainty. Absent clarification, taxpayers could interpret the statutory reference to section 367(d)(4) intangible property to include copyrighted articles merely because the articles embody copyrighted content. That interpretation could create uncertainty for taxpayers that sell software copies, pub- lications, or other copyrighted products to foreign customers. The proposed regu- lations would reduce that uncertainty by applying the existing Federal income tax distinction between copyright rights and copyrighted articles. The clarification is also expected to reduce distortions across transaction forms. Producers of software and digi- tal-content products may earn revenue through multiple formats, including sales of copies, licenses, cloud transactions, services, and transfers of copyright rights. Treating sales of copyrighted articles as excluded property sales income solely because the articles embody copyright- able content could disadvantage sales of copyrighted articles relative to other trans- action forms, including certain licenses, cloud transactions, and services. That result would not align with the statutory exclusion, which is directed at disposi- tions of intangible property rather than ordinary-course sales of copyrighted arti- cles. The proposed regulations reduce this risk by preserving potential DEI treatment for qualifying foreign sales of copyrighted articles while continuing to exclude dis- positions of the underlying copyright or other section 367(d)(4) intangible prop- erty. Relative to the baseline, the proposed rule is expected to reduce inconsistent treatment among similarly situated tax- payers, reduce disputes over the charac- terization of software and digital-content transactions, and reduce incentives to structure transactions based on uncer- tainty over whether a copyrighted arti- cle is treated as intangible property. Any affected amount of income would depend on the volume of foreign sales of copy- righted articles, the extent to which those sales otherwise satisfy the FDDEI require- ments, and the extent to which taxpayers sell or otherwise dispose of copyright rights rather than copyrighted articles. c. Clarify other excluded property does not include inventory Section 250(b)(3)(A)(i)(VII)(bb), as added by OBBBA, excludes from DEI, except as otherwise provided by the Sec- retary, income and gain from the sale or other disposition of other excluded prop- erty. The proposed regulations would clar- ify that other excluded property means property that is or has been of a character subject to the allowance for depreciation, or is or has been subject to an allowance for amortization or depletion. Therefore, other excluded property would not include property that has always been held as inventory by the seller and has not been “of a character” subject to the allowance for depreciation. This inventory carveout is particularly relevant for manufacturers and other producers that use depreciable assets as means of production and sell products that may themselves be depre- ciable in the hands of the purchaser. Without this clarification, taxpayers could interpret section 250(b)(3)(A)(i) (VII)(bb) to exclude income and gain from sales of ordinary-course inventory from DEI, merely because the property sold is of a kind that could be depreciated, amortized, or depleted by the seller. For example, a manufacturer may sell aircraft, machinery, equipment, vehicles, soft- ware copies, or other business-use prod- ucts to foreign customers. Although such property may serve as means of produc- tion and therefore be of a type subject to depreciation, amortization, and depletion in the hands of the seller, income from the seller’s ordinary-course inventory sales is the type of foreign-market sales income that section 250 is generally designed to identify as potentially eligible for FDDEI treatment, provided the other statutory and regulatory requirements are satisfied. The Treasury Department and the IRS expect this clarification to reduce uncer- tainty for taxpayers engaged in manufac- turing, distribution, and other businesses that sell inventory or similar property for foreign use. In particular, this clarification avoids uncertainty in the application of the statutory exclusion. If inventory were treated as other excluded property solely because the property is of a type that could be depreciated, amortized, or depleted by the seller, then the exclusion could apply broadly to ordinary foreign-market sales of manufactured products. Such a broad exclusion could substantially narrow the category of income that would otherwise be considered as FDDEI, which would dampen the intended incentive for domes- tic corporations to serve foreign markets from the United States. The asset-by-asset approach adopted in the proposed regula- tion instead distinguishes between a sell- er’s disposition of its own business assets and the seller’s ordinary-course sales of inventory, achieving the goal of discour- aging dispositions of production assets that Congress determined should not give rise to FDDEI, while preserving the treat- ment of ordinary-course inventory sales for foreign use. The proposed regulations also include a related-party anti-abuse rule intended to prevent taxpayers from using the inventory clarification to avoid excluded property sales income treatment through related-party transactions. The inventory clarification is intended to preserve DEI treatment for legitimate ordinary-course sales of inventory to foreign custom- ers, not to permit taxpayers to avoid the statutory exclusion by moving deprecia- ble, amortizable, or depletable property through related parties or intermediary entities before sale. Under this rule, property generally retains its other excluded property charac- ter when it is transferred within a modified affiliated group in a basis-carryover trans- action, if the transfer has a principal pur- pose of avoiding the exclusion for other excluded property. Thus, a taxpayer could not avoid the income exclusion set forth in section 250(b)(3)(A)(i)(VII)(bb) merely by transferring depreciable, amortizable, or depletable property to a related party that holds the property as inventory before selling it to a foreign customer. This rule serves as a backstop to the inventory clar- ification, so that the clarification protects ordinary-course inventory sales without allowing taxpayers to convert excluded property sales income into FDDEI through related-party reclassification or similar transactions. The related party anti-abuse September 14, 2026 352 Bulletin No. 2026–38 rule is expected to reduce incentives for taxpayers to transfer depreciable property through nonrecognition or basis-carryover transactions, reclassify other excluded property through intermediary entities, or otherwise structure related-party transac- tions to convert excluded property sales income into FDDEI. Together, these rules are expected to improve consistency between the eco- nomic substance of a transaction and its treatment for DEI purposes. They may reduce tax planning activity associated with asset characterization and relat- ed-party transfers, reduce disputes over whether inventory treatment should be respected for DEI purposes, and reduce the likelihood that similarly situated taxpay- ers will take inconsistent positions. The principal compliance effect is expected to be the need for taxpayers engaging in related-party transfers, basis-carryover transactions, or inventory reclassification transactions to evaluate whether the rules apply and maintain records supporting their treatment. The economic effects of not treat- ing ordinary course inventory sales as excluded property sales income are expected to be concentrated in industries with significant foreign sales of tangible products or software and digital products, including manufacturing, transportation equipment, industrial machinery, elec- tronics, pharmaceuticals, and software. In 2021, 1,710 taxpayers from the Manufac- turing industry (broadly defined) claimed a FDII deduction, representing 31 percent of all FDII deduction claimants. Total gross FDDEI reported by FDII claimants in the Manufacturing industry totaled $343 billion, $189 billion of which was FDDEI from sales of general property, which likely includes sales of inventory or productive assets. d. Summary Based on the available models and data, the Treasury Department and the IRS estimate that the economic costs and benefits of the proposed regulations would be small. The Treasury Department and the IRS invite public comments and addi- tional data on the economic effects that would result from these proposed regula- tions. 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 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 col- lection of information unless it displays a valid control number assigned by the Office of Management and Budget. The collections of information in these proposed regulations include recordkeep- ing requirements that are necessary for domestic corporations to properly exclude certain income and gain from the sale or disposition of property from DEI. These collections will be used by IRS for tax compliance purposes. These proposed regulations contain rules to determine whether income and gain from the sale or disposition of certain property is excluded from DEI. Taxpayers should maintain records sufficient to sub- stantiate compliance with the exclusion rules. These recordkeeping requirements are considered general tax records under §1.6001-1(e). For PRA purposes, general tax records are already approved by OMB under 1545-0123 for business filers. III. Regulatory Flexibility Act When an agency issues a rulemaking proposal, the Regulatory Flexibility Act (5 U.S.C. chapter 6) (RFA) requires the agency to prepare and make available for public comment an initial regulatory flexi- bility analysis that will describe the impact of the proposed rule on small entities. See 5 U.S.C. 603(a). Section 605 of the RFA provides an exception to this requirement if the agency certifies that the proposed rulemaking will not have a substantial economic impact on a substantial number of small entities. A small entity is defined as a small business, small nonprofit orga- nization, or small governmental jurisdic- tion. See U.S.C. 601(3) through (6). It is hereby certified that the proposed regulations will not have a significant eco- nomic impact on a substantial number of small entities. These regulations affect domestic corporations with foreign-de- rived deduction eligible income. Although data are not readily available, the Trea- sury Department and the IRS have deter- mined that the regulations may affect a substantial number of small entities. The Treasury Department and the IRS do not expect that the proposed regulations will have a significant economic impact on affected small entities within the meaning of sections 601(3) through (6) of the RFA. The proposed regulations provide guid- ance on certain excluded property sales income from deduction eligible income under section 250 but do not change the economic impact of the existing regula- tions or impose any new costs on small entities. Notwithstanding this certifica- tion, the Treasury Department and the IRS welcome comments from the public about the impact of these regulations on small entities. IV. Submission to the Small Business Administration Pursuant to section 7805(f) of the Code, the proposed regulations have been submitted to the Chief Counsel for Advo- cacy of the Small Business Administra- tion for comment on their impact on small businesses. V. Unfunded Mandates Reform Act Section 202 of the Unfunded Man- dates 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 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 annu- ally for inflation. In 2026, that thresh- old is approximately $214 million. The 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 (Federalism) prohibits an agency from publishing any Bulletin No. 2026–38 353 September 14, 2026 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. The proposed regula- tions do not have federalism implica- tions, do not impose substantial direct compliance costs on State and local governments, and do not preempt State law within the meaning 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 written or electronic comments that are submitted timely to the IRS as prescribed in this preamble under the “ADDRESSES” heading. Comments are requested on all aspects of the pro- posed regulations. All comments will be available at http://www.regulations.gov or upon request. Pursuant to the Administrative Procedure Act at 5 U.S.C. 553(b)(4), a plain language summary of the proposed rule will also be available at http://www. regulations.gov. A public hearing will be scheduled if requested in writing by any person that timely submits written com- ments. Requests for a public hearing are encouraged to be made electronically. 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 For copies of recently issued Revenue Procedures, Revenue Rulings, Notices, and other guidance published in the Inter- nal Revenue Bulletin, please visit the IRS website at https://www.irs.gov. Drafting Information The principal authors of these reg- ulations are Stefan A. Pruessmann and Michelle L. Ng of the Office of Associate Chief Counsel (International). However, other personnel from the Treasury Depart- ment and the IRS participated in their development. List of Subjects in 26 CFR Part 1 Income Taxes, Reporting and record- keeping requirements. Proposed Amendments to the Regulations Accordingly, the Treasury Department and the IRS propose to amend 26 CFR part 1 as follows: PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 is amended by adding an entry in numerical order for §1.250(b)-1(h) to read in part as follows: Authority: 26 U.S.C. 7805 * * * * * * * * Section 1.250(b)-1(h) also issued under 26 U.S.C. 250(b)(3)(A)(i)(VII). * * * * * Par. 2. Section 1.250-0 is amended by adding an entry for §1.250(b)-1(h) to read as follows: §1.250-0 Table of contents. * * * * * §1.250(b)-1 Computation of foreign- derived intangible income (FDII). * * * * * (h) Excluded property sales income. (1) Scope. (2) Definitions. (i) Excluded seller. (ii) Other excluded property. (iii) Sale or other disposition. (3) Related party anti-abuse rule. (i) In general. (ii) Modified affiliated group. (4) Examples. * * * * * Par. 3. Section 1.250-1 is amended by adding three new sentences at the end of paragraph (b) to read as follows: §1.250-1 Introduction. * * * * * (b) * * * Sections 1.250(b)-1(c)(15) (vii), 1.250(b)-1(h), and the last two sen- tences in §1.250(b)-3(b)(16) apply to sales or other dispositions (as defined in §1.250(b)-1(h)(2)(iii)) occurring after June 16, 2025. Section 1.250(b)-1(c)(12) applies to taxable years beginning after December 31, 2025. For rules that apply to taxable years beginning on or before December 31, 2025, see §1.250(b)-1(c) (12) as contained in 26 CFR part 1 revised as of April 1, 2026. Par. 4. Section 1.250(b)-1 is amended by: 1. Adding a sentence at the end of para- graph (a); 2. Revising paragraph (c)(12); 3. Removing the second “and” from paragraph (c)(15)(v); 4. Removing the period at the end of paragraph (c)(15)(vi) and adding the lan- guage “; and” in its place; 5. Adding new paragraph (c)(15)(vii); and 6. Adding new paragraph (h). The additions and revision read as fol- lows: §1.250(b)-1 Computation of foreign- derived intangible income (FDII). (a) * * * Paragraph (h) of this section provides rules regarding excluded prop- erty sales income. * * * * * (c) * * * (12) The term foreign-derived deduc- tion eligible income or FDDEI means, with respect to a domestic corporation for a taxable year, the excess (if any, and not to exceed DEI) of the corporation’s gross FDDEI for the year, over the deductions properly allocable to gross FDDEI for the year, as determined under paragraph (d) (2) of this section. * * * * * (15) * * * (vii) Excluded property sales income (as defined in paragraph (h) of this sec- tion). * * * * * (h) Excluded property sales income.— (1) Scope. This paragraph (h) provides rules for determining “excluded prop- erty sales income,” which consists of certain income and gain excluded from DEI under section 250(b)(3)(A)(i)(VII) September 14, 2026 354 Bulletin No. 2026–38 and paragraph (c)(15)(vii) of this section. Except as provided in paragraph (h)(3) of this section, the term excluded property sales income means any income and gain derived from the sale or other disposition (as defined in paragraph (h)(2)(iii) of this section) of the following— (i) Intangible property (as defined in §1.250(b)-3(b)(11)); or (ii) Other excluded property (as defined in paragraph (h)(2)(ii) of this section). (2) Definitions. This paragraph (h)(2) provides definitions that apply for pur- poses of this paragraph (h). (i) Excluded seller. The term excluded seller means the domestic corporation or partnership (whether domestic or for- eign) that sells or otherwise disposes of intangible property or other excluded property. (ii) Other excluded property. The term other excluded property means property that is not intangible property under para- graph (h)(1)(i) of this section and that, in the hands of the excluded seller— (A) Is or has been property that is of a character subject to the allowance for depreciation under section 167; (B) Is or has been subject to an allow- ance for amortization that is not described in paragraph (h)(2)(ii)(A) of this section; or (C) Is or has been subject to the allow- ance for depletion under section 611. (iii) Sale or other disposition. The term sale or other disposition means a sale or other disposition as determined under general Federal income tax principles, including deemed sales, other deemed dispositions, and transactions subject to section 367(d). A deemed sale or other deemed disposition includes any transac- tion or election that is treated as a sale or other disposition of property for Federal income tax purposes. A sale or other dis- position does not include a transaction that would be characterized under general tax principles as a lease or license. See para- graphs (h)(4)(i)(C) and (ii)(C) of this sec- tion (Examples 1 and 2). For purposes of §§1.250(b)-3 through 1.250(b)-6, see the definition of “sale” under §1.250(b)-3(b) (16). (3) Related-party anti-abuse rule. (i) In general. Property that was other excluded property in the hands of a mem- ber of the excluded seller’s modified affil- iated group is treated as other excluded property with respect to the excluded seller, if the excluded seller acquires that property— (A) In a transaction (or series of trans- actions) in which the basis of the prop- erty is determined, in whole or in part, by reference to the basis in the hands of the member in whose hands the property was other excluded property; and (B) With a principal purpose of avoid- ing the application of section 250(b)(3) (A)(i)(VII)(bb). (ii) Modified affiliated group. Solely for purposes of this paragraph (h)(3), the term modified affiliated group has the meaning given in paragraph (c)(17) of this section but without the substitution of “more than 50 percent” for “at least 80 percent” each place it appears, and by substituting “at least 80 percent” for “more than 50 percent” for purposes of determining control within the meaning of section 954(d)(3). (4) Examples. The following examples illustrate the application of this paragraph (h). (i) Example 1: Sale of intangible proper- ty--(A) Facts. DC, a domestic corporation, owns the copyright to a computer program, Program X. DC enters into an agreement with FP, an unre- lated foreign person, under which DC grants FP an exclusive irrevocable license for the remaining term of the copyright, to copy and distribute an unlimited number of copies of Program X, prepare derivative works based upon Program X, make public performances of Program X, and publicly display Program X. FP will pay DC a royalty each year equal to y percent of net revenue derived from exploiting Program X during the year, for the remaining term of the copyright. Under gen- eral tax principles, DC is treated as having sold the copyright to Program X, notwithstanding that the agreement is labeled a license. (B) Analysis. The copyright to Program X is intangible property within the meaning of §1.250(b)-3(b)(11). Because DC has sold intangible property (the copyright) under general tax principles (including under §1.861-18(f)(1)), DC’s income or gain resulting from the sale is excluded property sales income. (C) Alternative facts - license. The facts are the same as in paragraph (h)(4)(i)(A) of this section, except the license from DC to FP is a nonexclu- sive revocable license for the remaining term of the copyright and, therefore, is treated as a license under general tax principles (including §1.861-18(f)(1)). DC’s income or gain resulting from the license is not excluded property sales income. (ii) Example 2: Sale of copyrighted article. (A) Facts. DC, a domestic corporation, owns the copyright to a computer program, Program X. DC transfers copies of Program X to unrelated foreign customers who receive the right to use the copies in perpetuity. DC also uses different copies of Program X in its own trade or business. DC has never used the copies of Program X it transfers to unrelated foreign customers in DC’s own trade or business. (B) Analysis. DC’s income or gain from the transfer of copies of Program X, whether through an electronic or physical medium, is from the sale of copyrighted articles, as defined in §1.861-18(c)(3). The copies of Program X are not intangible property because intangible property does not include copy- righted articles. See §1.250(b)-3(b)(11). The copies of Program X sold to unrelated foreign customers are not other excluded property because, in the hands of DC, those copies of Program X are not property that is of a character subject to the allowance for depre- ciation under section 167 or amortization. The fact that DC also uses copies of Program X in its business does not affect this analysis, even if DC’s internal use copies are other excluded property. Therefore, DC’s income or gain from the sales of copies of Program X to unrelated foreign customers is not excluded prop- erty sales income. (C) Alternative facts – lease of a copyrighted article. The facts are the same as in paragraph (h) (4)(ii)(A) of this section, except that the unrelated foreign customers receive the right to use the copy of Program X for a period of only two years. The trans- fers of the copies of Program X to unrelated foreign customers are properly classified as leases of copy- righted articles under §1.861-18(f)(2). Therefore, because there has been no sale or other disposition of other excluded property, DC’s income or gain from the lease of copies of Program X is not excluded property sales income. (iii) Example 3: Sale of fully depreciated prop- erty--(A) Facts. DC, a domestic corporation, holds a machine for use in its trade or business. The machine has an adjusted depreciable basis of zero because it has been fully depreciated under section 167. During the taxable year, DC sells the machine to FP, an unre- lated foreign person. (B) Analysis. In the hands of DC, the machine is treated as property that is of a character subject to the allowance for depreciation under section 167. Therefore, the machine constitutes other excluded property, and DC’s income or gain from the sale of the machine to FP is excluded property sales income. (C) Alternative facts – nonrecognition transac- tion. The facts are the same as in paragraph (h)(4) (iii)(A) of this section, except that DC acquired the machine in a nonrecognition transaction for use in DC’s trade or business and, at the time of the acquisi- tion, the machine was fully depreciated by the previ- ous owner. Notwithstanding the fact that the machine was not depreciated in the hands of DC (because it had been fully depreciated when acquired by DC), the machine is property that is of a character subject to the allowance for depreciation under section 167 in the hands of DC. Therefore, DC’s income or gain from the sale of the machine to FP is excluded prop- erty sales income. (iv) Example 4: Sales of inventory and other excluded property used in a trade or business--(A) Facts. DC, a domestic corporation, owns 100 air- planes. DC holds five of the airplanes for use in its Bulletin No. 2026–38 355 September 14, 2026 trade or business and, accordingly, the planes are property that is of a character subject to the allow- ance for depreciation under section 167. DC holds the remaining 95 airplanes in inventory. During the taxable year, DC sells to FP, an unrelated foreign person, two airplanes that DC uses in its trade or business and 35 airplanes that DC holds in inven- tory. (B) Analysis. DC’s sales of the two airplanes are sales of other excluded property because the two airplanes are property that is of a character subject to the allowance for depreciation under sec- tion 167. Therefore, DC’s income or gain from the sales of the two airplanes is excluded property sales income. DC’s sales of the 35 airplanes to FP are not sales or other dispositions of other excluded prop- erty because the 35 airplanes are held as inventory and are not property that is of a character subject to the allowance for depreciation under section 167. Therefore, DC’s income or gain from the sales of the 35 airplanes is not excluded property sales income. (v) Example 5: Sales involving members of a con- solidated group.--(A) Facts. P is the common parent of a consolidated group (as defined in §1.1502-1(h)). P owns all of the only class of stock of subsidiar- ies DC1 and DC2, which are members (as defined in §1.1502-1(b)) of the P consolidated group. DC1 owns ten airplanes that are property that is of a char- acter subject to the allowance for depreciation under section 167. In Year 1, DC1 sells all ten airplanes to DC2, recognizing $100x of gain, which is deferred. DC2 holds these airplanes in inventory. In Year 2, DC2 sells all ten airplanes to an unrelated foreign person, recognizing $85x of gains. (B) Analysis. The treatment of DC1’s and DC2’s gains on their respective sales is subject to redetermination under §1.1502-13(c) to the extent necessary to achieve single entity treatment for the group. If DC1 and DC2 were divisions of a single corporation, the ten airplanes would be, or would have been, property that is of a character subject to the allowance for depreciation under section 167. Therefore, to achieve single entity treatment, both DC1’s $100x of gain and DC2’s $85x of gains are treated in Year 2 as income or gain from the sales of other excluded property and are excluded property sales income. (vi) Example 6: Related-party anti-abuse rule- -(A) Facts. DC1 is a domestic corporation that owns an 80 percent interest in the profits and capital of a domestic partnership, PRS. Unrelated persons own the remaining interests in PRS. PRS owns all of the only class of stock of DC2, a domestic corporation. DC1 owns 20 cars that are other excluded property in the hands of DC1. With a principal purpose of avoid- ing the application of section 250(b)(3)(A)(i)(VII) (bb), DC1 transfers all 20 cars to PRS in an exchange described in section 721(a), and PRS transfers all 20 cars to DC2 in an exchange described in section 351(a). Under section 723, PRS’s basis in the cars transferred to it by DC1 is the same as DC1’s basis in the cars at the time of the transfer. Under section 362, DC2’s basis in the cars transferred to it by PRS is the same as the basis of the cars in the hands of PRS. DC2 holds the cars in inventory and recognizes gain on the subsequent sales of all 20 cars to an unrelated foreign person. (B) Analysis. DC1, PRS, and DC2 are mem- bers of a modified affiliated group for purposes of paragraph (h)(3) of this section. Because DC2 acquired property that was other excluded prop- erty in the hands of DC1, a member of DC2’s modified affiliated group for purposes of para- graph (h)(3) of this section, in a series of trans- actions in which the basis of the property was determined by reference to the basis in the hands of the transferor and with a principal purpose of avoiding the application of section 250(b)(3) (A)(i)(VII)(bb), the 20 cars are treated as other excluded property in the hands of DC2. There- fore, DC2’s gain from the sales of the 20 cars are excluded property sales income. Par. 5. Section 1.250(b)-3 is amended by adding two new sentences at the end of paragraph (b)(16) to read as follows: §1.250(b)-3 Foreign-derived deduction eligible income (FDDEI) transactions. * * * * * (b) * * * (16) * * * The definition of sale in this paragraph (b)(16) does not apply for pur- poses of §1.250(b)-1(c)(15)(vii) and (h). See §1.250(b)-1(h)(2)(iii) for the defini- tion of sale or other disposition for pur- poses of determining excluded property sales income. * * * * * Par. 6. Section 1.250(b)-4 is amended by removing and reserving paragraphs (d) (2)(iv)(B)(3) through (5), and (8), to read as follows: §1.250(b)-4 Foreign-derived deduction eligible income (FDDEI) sales. * * * * * (d) * * * (2) * * * (iv) * * * (B) * * * (3) [Reserved] (4) [Reserved] (5) [Reserved] * * * * * (8) [Reserved] * * * * * Frank J. Bisignano, Chief Executive Officer. (Filed by the Office of the Federal Register August 19, 2026, 8:45 a.m., and published in the issue of the Federal Register for August 20, 2026, 91 FR 53792) Notice of Proposed Rulemaking Application of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to the Refunded Portion of Certain Federal Refundable Tax Credits REG-119882-25 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemak- ing and notice of public hearing. SUMMARY: This document contains proposed regulations that would pro- vide that the refunded portion of certain refundable Federal income tax credits available to individuals is a “Federal pub- lic benefit” under the Personal Responsi- bility and Work Opportunity Reconcilia- tion Act of 1996 (PRWORA). As a result, aliens who are not “qualified aliens” under PRWORA would be ineligible to receive the refunded portion of these refundable credits. These regulations would generally affect taxpayers claiming the following Federal income tax credits: the adoption tax credit, the American opportunity tax credit, the child tax credit, and the earned income credit. As required by PRWORA, this document also provides notice to the public and notifies recipients of pro- posed changes regarding eligibility for the refunded portion of such Federal income tax credits under PRWORA. DATES: Written or electronic comments must be received by October 5, 2026. A public hearing on this proposed regulation has been scheduled for October 14, 2026. Requests to speak and outlines of topics to be discussed at the public hearing must be received by October 5, 2026. If no outlines are received October 5, 2026, the public hearing will be cancelled. Requests to attend the public hearing must be received by 5 p.m. ET on October 9, 2026. September 14, 2026 356 Bulletin No. 2026–38 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-119882-25) 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 the IRS’s public docket. Send paper submissions to: CC:PA:01:PR (REG-119882-25), Room 5503, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044. FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, Branch 4 of the Office of Associate Chief Counsel (Income Tax & Accounting), (202) 317-4718 (not a toll- free number); concerning submissions of comments or the public hearing, the Publications and Regulations Section at (202) 317-6901 (not toll-free numbers) or by email to publichearings@irs.gov (pre- ferred). SUPPLEMENTARY INFORMATION: Authority This notice of proposed rulemaking contains proposed amendments to the Income Tax Regulations (26 CFR part 1) under sections 23, 24, 25A, and 32 of the Internal Revenue Code (Code) under the authority of section 7805(a) of the Code, which authorizes the Secretary of the Treasury or the Secretary’s delegate (Secretary) to prescribe all needful rules and regulations for the enforcement of the Code, including all rules and regula- tions as may be necessary by reason of any alteration of law in relation to internal revenue. The proposed regulations are also issued under the authority of section 404 of PRWORA, Public Law 104-193, 110 Stat. 2105, 2267 (Aug. 22, 1996) (8 U.S.C. 1614), which requires a Federal agency administering a Federal public benefit to post information and provide general noti- fication to the public and to benefit recip- ients of the changes regarding eligibility for any such benefit pursuant to subtitle A of Title IV of PRWORA. Background I. Personal Responsibility and Work Opportunity Reconciliation Act Section 401(a) of PRWORA (8 U.S.C. 1611(a)) provides that aliens who are not qualified aliens (as that term is defined in 8 U.S.C. 1641) are not eligible for any Federal public benefit (as defined in 8 U.S.C. 1611(c)), with certain narrow exceptions. 1 Section 401(c)(1)(B) of PRWORA (8 U.S.C. 1611(c)(1)(B)) defines the term “Federal public benefit,” in relevant part, as “any retirement, welfare, health, dis- ability, public or assisted housing, postsec- ondary education, food assistance, unem- ployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of the United States or by appropriated funds of the United States.” Section 431(b) of PRWORA (8 U.S.C. 1641(b)) defines the term “qualified alien” as “an alien who, at the time the alien applies for, receives, or attempts to receive a Federal public benefit is: (1) an alien who is lawfully admitted for per- manent residence under the Immigration and Nationality Act, (2) an alien who is granted asylum under section 208 of such Act, (3) a refugee who is admitted to the United States under section 207 of such Act, (4) an alien who is paroled into the United States under section 212(d) (5) of such Act for a period of at least 1 year, (5) an alien whose deportation is being withheld under section 243(h) of such Act (as in effect immediately before the effective date of section 307 of division C of Public Law 104-208) or section 241(b)(3) of such Act (as amended by section 305(a) of division C of Public Law 104-208), (6) an alien who is granted conditional entry pursu- ant to section 203(a)(7) of such Act as in effect prior to April 1, 1980, (7) an alien who is a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980), or (8) an individual who lawfully resides in the United States in accordance with a Compact of Free Association referred to in section 1612(b)(2)(G) of [title 8].” The term “qualified alien” also includes certain aliens who have been battered or subject to extreme cruelty in the United States provided they meet certain require- ments including a substantial connection between such battery or cruelty and the need for the benefits to be provided. See 8 U.S.C. 1641(c). Section 404 of PRWORA (8 U.S.C. 1614) requires each Federal agency that administers a program to which sec- tion 1611 of title 8, United States Code, applies, to post information and provide general notification to the public and to program recipients of the changes regard- ing eligibility for such Federal public ben- efits. II. Executive Actions Prior to 2018, the Treasury Depart- ment and the IRS had not viewed tax benefits, including refundable credits, as constituting Federal public benefits under PRWORA. In 2018, the Treasury Depart- ment began to reconsider the potential applicability of PRWORA’s eligibil- ity restrictions to the refunded portions of three individual refundable income tax credits: (1) the earned income credit under section 32 (EITC), (2) the child tax credit under section 24 (CTC), and (3) the American opportunity tax credit under section 25A (AOTC). In connection with that reconsideration, the General Coun- sel’s office of the Treasury Department requested an opinion from the Office of Legal Counsel (OLC) at the Department of Justice as to whether the refundable portions of each of these three credits “may reasonably be construed as a ‘Fed- 1 8 U.S.C. 1611(b) (listing exceptions). See also A.G. Order No. 6335-2025, 90 FR 32023 (July 11, 2025) (no benefits are exempt from PRWORA other than the provision of police, fire, ambulance, transportation, sanitation, and other similar services). Bulletin No. 2026–38 357 September 14, 2026 eral public benefit’ within the meaning of PRWORA’s provision on aliens’ ineligi- bility for such benefits.” 2 On December 9, 2020, OLC sent a memorandum to the General Counsel of the Treasury Department opining that the refunded portion of the named tax credits may reasonably be construed as a “Fed- eral public benefit” for which nonquali- fied aliens are generally ineligible under PRWORA. 3 OLC reasoned that the EITC, CTC, and AOTC provide direct payments to individual taxpayers and households; are materially similar to other kinds of monetary payments that the Federal gov- ernment makes to individuals outside of the tax system; and each satisfies PRWO- RA’s definition of a Federal public benefit either as a welfare benefit, postsecondary education benefit, or other similar benefit. The 2020 OLC Opinion stated, however, that “you have not asked us to consider, and we do not reach, the question whether this is the only permissible reading of the statute.” 4 On February 19, 2025, President Trump issued Executive Order 14218, Ending Taxpayer Subsidization of Open Borders (90 FR 10581). The Executive Order directs Federal agencies, among other actions, to identify federally funded programs administered by the agency and to ensure that such programs are operating in compliance with Title IV of PRWORA. 5 Following the issuance of Executive Order 14218, the Treasury Department submitted a second request to OLC ask- ing whether the interpretation that was the subject of the 2020 OLC Opinion represents the best reading of the law, in light of Loper Bright Enterprises v. Rai- mondo, 603 U.S. 369 (2024). This second request also asked whether the refunded portions of the premium tax credit (PTC) under section 36B and the Saver’s Match under section 6433 of the Code constitute Federal public benefits. On November 19, 2025, in response, OLC issued a Memo- randum Opinion to the General Counsel of the Treasury Department concluding that the interpretation addressed in the 2020 OLC Opinion reflects the best view of the law and that the refunded portions of the credits addressed in the 2020 OLC Opinion, as well as the PTC and the Sav- er’s Match, are Federal public benefits under PRWORA. 6 III. Refunded Portion of Certain Individual Refundable Income Tax Credits as “Federal Public Benefits” A. Individual Refundable Income Tax Credits In general, a tax credit is an amount allowable as a reduction of tax liability for the purpose of computing the tax or refund due. A tax credit reduces a taxpay- er’s liability dollar for dollar. Tax credits are available to all taxpayers who meet the eligibility requirements of the partic- ular credit. If an amount allowable as a refundable credit exceeds the tax imposed by subtitle A of the Code (subtitle A) (reduced by any applicable nonrefundable credits), the amount of that excess is con- sidered to be an overpayment of tax, which the IRS may credit against any existing Federal tax liabilities of the taxpayer and must, subject to certain mandatory offsets, refund any balance to the taxpayer. Sec- tions 6401(b)(1) and 6402(a). In general, to determine the overpay- ment amount attributable to a refundable tax credit, an individual taxpayer first determines the taxpayer’s taxable income for the tax year pursuant to section 63 of the Code and calculates the amount of tax on the taxable income pursuant to section 1 of the Code. The taxpayer then adds any additions to tax under chapter 1 of the Code (chapter 1), such as excess advance payments of the PTC and repay- ment of certain other credits, and other taxes imposed by subtitle A, such as the tax on self-employment income. Once the total subtitle A income tax liability is cal- culated, the taxpayer reduces that amount by the amount of the credits allowable under subparts A, B, D and G of part IV of subchapter A of chapter 1. If this reduced tax liability amount is exceeded by the amount of any refundable tax credits under subpart C of part IV of subchapter A of chapter 1, the excess is an overpay- ment available for refund, credit, or offset. See sections 6401(b)(1) and 6402(a) of the Code. B. Adoption Tax Credit Section 23 of the Code allows an indi- vidual to claim a tax credit for qualified adoption expenses paid or incurred in connection with an eligible child. Begin- ning in 2025, under section 23(a)(4), up to $5,000 (adjusted for inflation for future years) of the credit is refundable. 7 Section 23(b)(2)(A) imposes income limitations and section 23(h) provides several adjust- ments for inflation, such as on the income limitations, the cap on qualified adoption expenses, and the cap on the refundable portion of the credit. For example, for taxable year 2025, the adoption tax credit phases out for individuals with adjusted gross income (AGI) over $259,190 and is fully eliminated for individuals with AGI of $299,190 or more. The adoption tax credit is claimed by an individual on a Federal income tax return, and Form 8839, Qualified Adop- tion Expenses. Section 23(f)(1) of the Code requires married individuals to file a joint return to claim the credit unless they meet certain requirements. Section 23(f) (2) of the Code requires the individual to 2 See Memorandum for Brian Callanan, General Counsel, Department of the Treasury, from Jennifer L. Mascott, Deputy Assistant Attorney General, Office of Legal Counsel, Re: Aliens’ Limited Eligibility for Certain Refundable Tax Credits at 1 (Dec. 9, 2020) (2020 OLC Opinion), available at www.justice.gov/olc/media/1419266/dl?inline. 3 2020 OLC Opinion at 1, 6. Although the 2020 OLC Opinion uses the term “refundable portion” instead of “refunded portion,” it is clear from the discussion on page 7 of the 2020 OLC Opin- ion that the term “refundable portion” was used to refer to the amount of the refundable portion of certain tax credits that exceeds an individual taxpayer’s income tax liability and therefore generates an overpayment. Accordingly, this notice of proposed rulemaking uses the term “refunded portion” instead of “refundable portion” for clarity. 4 Id. at 1-2. 5 Public Law 104-193, 100 Stat. 2105 (1996). Sections 400-451 of PRWORA are codified in title 8 of the United States Code (U.S.C.) at sections 1601 to 1646. 6 Memorandum Opinion for the General Counsel, Department of the Treasury, from Lanora C. Pettit, Deputy Assistant Attorney General, Office of Legal Counsel, re: Status of the Refundable Portion of Certain Tax Credits as Federal Public Benefits, 49 Op. O.L.C. __, at 2 (Nov. 19, 2025) (2025 OLC Opinion), available at www.justice.gov/olc/media/1419131/dl. 7 Section 70402 of One Big Beautiful Bill Act (OBBBA), Pub. L. No. 119-21, 139 Stat. 72 (2025), added paragraph (4) to section 23(a) of the Code, effective for taxable years beginning after December 31, 2024. September 14, 2026 358 Bulletin No. 2026–38 provide the name, age, and tax identifica- tion number (TIN) of the adopted child. C. Child Tax Credit Section 24(h)(2) of the Code allows eligible taxpayers with a qualifying child or children to claim a CTC of up to $2,200 for 2025 (adjusted for inflation for future years) per qualifying child. 8 The CTC is made up of a nonrefundable and refund- able component. If the taxpayer has insuf- ficient Federal income tax liability, the tax- payer may be eligible for the refundable portion of the CTC, generally called the Additional Child Tax Credit (ACTC). The ACTC, under section 24(d) of the Code, is generally calculated using the earned income formula. This formula allows for a refundable credit equal to 15% of the taxpayer’s earned income in excess of $2,500, up to a maximum of $1,700 per child for 2025 (adjusted for inflation for future years). Under section 24(h)(3) of the Code, the CTC (including the ACTC portion) phases out for taxpayers with modified AGI over $200,000 and mar- ried individuals who file joint returns with modified AGI over $400,000. 9 The actual modified AGI level at which the credit equals zero is dependent on the number of qualifying children of the taxpayer. The CTC is claimed by a taxpayer on a Federal income tax return and Sched- ule 8812, Credits for Qualifying Children and Other Dependents. For taxable years beginning after December 31, 2024, sec- tion 24(h)(7) of the Code requires the tax- payer to include the social security number (SSN) of the qualifying child and of the taxpayer (or, in the case of a joint return, the SSN of at least one spouse ). 10 For pur- poses of the CTC, an SSN qualifies only if it is issued—(i) to a citizen of the United States or pursuant to subclause (l) (or that portion of subclause (III) that relates to subclause (I)) of section 205(c)(2)(B)(i) of the Social Security Act (a work eligible SSN), and (ii) before the due date for such return. For taxpayers filing a joint return, only one spouse is required to have a work eligible SSN. The other spouse must have an SSN issued by the Social Security Administration or an individual taxpayer identification number (ITIN) issued by the IRS on or before the due date of the return. D. American Opportunity Tax Credit Section 25A(a)(1) of the Code allows an individual to claim a tax credit for qual- ified education expenses paid for an eligi- ble student for the first four years of post- secondary education. Section 25A(b)(1) of the Code limits the maximum annual credit to $2,500 per eligible student. Under section 25A(i) of the Code, 40% of the credit amount is refundable. Under section 25A(d) of the Code, the available credit begins to phase out when the indi- vidual’s modified AGI reaches $80,000 ($160,000 for joint filers) and is com- pletely phased out at $90,000 ($180,000 for joint filers). Under section 25A(g)(7), an individual who is a nonresident alien for any portion of the taxable year can- not claim the AOTC unless the individual elects to be treated as a U.S. resident alien under section 6013(g) or (h) of the Code. The AOTC is claimed by an individ- ual on a Federal income tax return and Form 8863, Education Credits (American Opportunity Credit and Lifetime Learning Credits). Section 25A(g)(6) of the Code requires married individuals to file a joint return to claim the AOTC, unless they meet certain requirements. For taxable years beginning after December 31, 2025, section 25A(g)(1) of the Code requires the individual to include the SSN of the individual filing the return and of the indi- vidual for whom the qualified education expenses were paid if such individual is other than the taxpayer or the taxpayer’s spouse. 11 For purposes of the AOTC, an SSN must be a work eligible SSN issued to an individual by the Social Security Administration before the due date for such return. E. Earned Income Credit Section 32(a) of the Code allows taxpayers with earned income to claim a refundable tax credit in an amount calculated using the taxpayer’s earned income and the credit percentage and income amount specified in section 32(b) of the Code. Eligibility for the credit and the amount allowed as a credit are based upon a number of fac- tors, including the taxpayer’s earned income, AGI, investment income, num- ber of qualifying children of the tax- payer as of the end of the taxpayer’s tax year, U.S. residency, and identification requirements. Section 32(c) of the Code requires the individual’s qualifying chil- dren to meet the relationship, residency, and age requirements for purposes of claiming the credit. Section 32(c) of the Code also allows individuals who meet certain age and U.S. residency require- ments to claim the EITC if they do not have qualifying children. Individuals with income above certain thresholds, which vary based on marital status and number of qualifying children, are ineligible for the EITC. Section 32(c) (1)(D) of the Code does not allow an indi- vidual who is a nonresident alien for any portion of the taxable year to claim the credit unless the individual elects to be treated as a U.S. resident under section 6013(g) or (h) of the Code. The EITC is claimed by an individual on a Federal income tax return. Section 32(d) of the Code requires married indi- viduals to file a joint return to claim the credit, unless they meet certain require- ments. If the individual is claiming the EITC for a qualifying child, the individ- ual must also file Schedule EIC, Earned Income Credit. Section 32(m) of the Code requires the individual to provide the SSN for themselves, their spouse if married, and any qualifying children. For purposes of the EITC, the SSN must be (i) issued to an individual by the Social Security Administration (other than an SSN issued pursuant to clause (II) (or the portion of clause (III) that relates to clause (II)) of section 205(c)(2)(B)(i)) of the Social Security Act), and (ii) issued on or before the due date for filing the return for the taxable year. 8 Section 24(h)(2) of the Code was made permanent by section 70104 of the OBBBA, effective for taxable years beginning after December 31, 2024. 9 The income thresholds under section 24(h)(3) were made permanent by section 70104 of the OBBBA, , effective for taxable years beginning after December 31, 2024. 10 Section 24(h)(7) of the Code was amended by section 70104 of the OBBBA, effective for taxable years beginning after December 31, 2024. 11 Section 25A(g)(1) of the Code was amended by section 70605 of the OBBBA, effective for taxable years beginning after December 31, 2024. Bulletin No. 2026–38 359 September 14, 2026 F. Premium Tax Credit Section 36B provides a PTC to applica- ble taxpayers who meet certain eligibility requirements, and who enroll themselves, or enroll a member of the taxpayer’s family, in a qualified health plan (QHP) through an Exchange. An individual is not eligible to enroll in a QHP if the individual is not, or is not reasonably expected to be for the entire period for which enrollment is sought, a citizen or national of the U.S., or an alien lawfully present in the U.S. See section 1312 of the Affordable Care Act (ACA) (42 U.S.C. 18032). 12 Section 36B(e)(1) (A) provides that if one or more individ- uals in a taxpayer’s family (including the taxpayer) are aliens not lawfully present in the U.S., the enrollment premiums and adjusted monthly premiums for the appli- cable benchmark plan otherwise taken into account in determining the taxpayer’s PTC must be reduced by the portion of such pre- miums attributable to the individuals who are aliens not lawfully present in the U.S. The OBBBA amended section 36B(e)(1) to provide that for tax years beginning after December 31, 2026, such premiums must also be reduced for aliens who are lawfully present in the U.S. but who are not eligible aliens, a narrower category of non-citizens. G. Saver’s Match Section 6433 allows certain low- and moderate-income individuals who make qualified retirement savings contributions to receive matching contributions of up to $1,000 (Saver’s Match contributions) paid by the Secretary of the Treasury or the Secretary’s delegate (Secretary) to appli- cable retirement savings vehicles for tax years beginning after December 31, 2026. Eligible individuals may elect to have matching contributions of less than $100 “treated as a credit allowed by subpart C of part IV of subchapter A of chapter 1.” Section 6433(a)(2)(B). H. Application of Federal Public Benefit Definition PRWORA defines “Federal public ben- efit”, in relevant part, to encompass cer- tain types of benefits for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of the United States or by appro- priated funds of the United States. 13 In analyzing this definition’s application to individual refundable income tax credits, OLC first examined whether the refunded portion of such credits constitutes a “ben- efit.” 14 OLC opined that the refunded por- tion of such credits is a benefit based on the ordinary meaning of the word since it results in a payment from the Federal gov- ernment to the taxpayer that goes beyond a return of money paid by the taxpayer to the Federal government. 15 OLC also opined that the refunded portion of individual refundable income tax credits provides a “payment” because it gives the taxpayer money that the tax- payer did not earn and would not have received but for the existence of the gov- ernment program. 16 OLC distinguished the refunded portion of individual refund- able income tax credits from an “ordi- nary tax refund,” which it described as a return to the taxpayer of his own money that Treasury had held until the taxpayer’s net obligations for the tax period could be settled. Finally, OLC opined that the refunded portion of an individual refund- able income tax credit is provided to an individual, household, or family eligibility unit (that is, the taxpayer, who is either an individual or the joint-filing members of a household) by an agency (the Treasury Department, through the IRS) or by appro- priated funds of the United States (namely the permanent indefinite appropriation of amounts necessary for refunding internal revenue collections in 31 U.S.C. 1324). 17 After concluding this general analysis, OLC next considered whether each of the EITC, ACTC, and AOTC falls within the kinds of benefits identified in 8 U.S.C. 1611(c)(1)(B), which are “any retire- ment, welfare, health, disability, public or assisted housing, postsecondary edu- cation, food assistance, unemployment benefit or any other similar benefit. . . .” 18 OLC opined that both the EITC and the ACTC are welfare or other similar bene- fits and that the AOTC is a postsecondary education benefit. In 2025, OLC opined that the PTC is a health or similar benefit and the Saver’s Match is a retirement or similar benefit. 19 In sum, OLC concluded that the refunded portion of the EITC, ACTC, AOTC, PTC, and Saver’s Match are “Federal public benefits” as defined in PRWORA. The Treasury Department and the IRS incorporate the reasoning and conclusions of the 2020 and 2025 OLC Opinions for purposes of these proposed regulations unless otherwise described in this preamble. The proposed regulations would apply PRWORA to the following individual refundable income tax credits: the (1) adoption tax credit, (2) CTC, (3) AOTC, and (4) EITC, collectively referred to as the “affected refundable tax credits” in this notice of proposed rulemaking. While the adoption tax credit, which was made partially refundable by the 12 The Affordable Care Act refers to the Patient Protection and Affordable Care Act (Pub. L. 111-148, enacted on March 23, 2010), as amended by the Health Care and Education Reconcilia- tion Act of 2010 (Pub. L. 111-152, enacted on March 30, 2010) and OBBBA. While the ACA does not define “lawfully present,” it is defined in regulations and includes valid nonimmigrant status holders. See 45 CFR 155.20. 13 8 U.S.C. 1611(c) defines “Federal public benefit as follows: (1) Except as provided in paragraph (2), for purposes of this chapter the term “Federal public benefit” means— (A) any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or by appropriated funds of the United States; and (B) any retirement, welfare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of the United States or by appropriated funds of the United States. 14 2020 OLC Opinion at 6-7. 15 When describing how a refundable credit may provide a payment to a taxpayer who owes less tax than the amount of the credit, the 2020 OLC Opinion relies on sections 6401(b) and 6402 of the Code. See 2020 OLC Opinion at 1. 16 Id. at 7. 17 Id. at 8. 18 2020 OLC Opinion at 11-14; 2025 OLC Opinion at 16-19. 19 2025 OLC Opinion at 2 and 18-19. 20 However, the adoption credit previously was made fully refundable by the ACA for tax years 2010 and 2011. See section 10909 of the ACA. September 14, 2026 360 Bulletin No. 2026–38 OBBBA 20 , has not been addressed by OLC, it is included in the proposed reg- ulations as a “similar benefit.” Though the list of enumerated benefits in sec- tion 401(c)(1)(B) of PRWORA does not include any items that relate to adoption, the Department of Health and Human Services (HHS) has determined that Federal adoption assistance benefits are Federal public benefits. 21 The adoption tax credit, although not identical, is suffi- ciently similar to Federal adoption assis- tance benefits in that it provides a Federal incentive to promote adoptions, and thus, it would make sense to treat it the same way for purposes of PRWORA. Accord- ingly, the proposed regulations would treat the refunded portion of the adop- tion tax credit as a Federal public benefit within the meaning of PRWORA. The proposed regulations would not apply PRWORA to the refunded portion of the PTC. Although OLC determined that the refunded portion of the PTC is a Federal public benefit for purposes of PRWORA, it stated that its conclusion does not automatically mean that all aliens who are not qualified aliens under PRWORA are ineligible to receive it, not- ing that “Congress can always supersede existing statutes, including PRWORA, with later-[en]acted laws.” 22 OLC further noted that Congress addressed restric- tions on the PTC by including specific statutory language on immigration status in two later-enacted statutes, the ACA and OBBBA. See section 36B(e) (limit- ing the PTC for the coverage of an alien to aliens lawfully present for tax years beginning before January 1, 2027, and to eligible aliens for tax years beginning after December 31, 2026). The proposed regulations would not apply PRWORA to the refunded portion of the PTC based on the view that these restrictions super- sede and override PRWORA. Under both the ACA and OBBBA, Congress specifically addressed immigration sta- tus as it relates to the computation of and eligibility for the PTC. As an example, under the ACA, Congress allowed only U.S. citizens, U.S. nationals, or “law- fully present” aliens to enroll in a QHP through an Exchange, and a taxpayer could only receive the PTC for the cov- erage of these enrollees. Congress also provided a special rule that allowed aliens lawfully present in the U.S. who were ineligible for Medicaid because of their immigration status to receive the PTC despite having household income that generally would make them ineligi- ble for the PTC. See section 36B(c)(1) (B) as in effect for taxable years begin- ning on or before December 31, 2025. Thus, for PTC purposes, Congress not only restricted the allowance of the PTC on the basis of specific immigration status, but it specifically allowed those who were ineligible for Medicaid, due to the PRWORA limitations, to receive the PTC. Under the OBBBA, Congress further restricted aliens’ eligibility for the PTC by disallowing a PTC for the coverage of aliens who are not “eligible aliens,” a narrower category than quali- fied aliens under PRWORA. See section 36B(e)(2). In addition, the OBBBA enacted a new program to be administered under the Code, the Trump Accounts Contribution Pilot Program. Although not a tax credit, section 6434 of the Code provides for a one-time, $1,000 pilot program contribu- tion paid by the Secretary into an eligible child’s Trump account. 23 Contributions under the Pilot Program are restricted to children who are U.S. citizens. See sec- tion 6434(c)(3). Accordingly, there is no need to determine whether the Trump Accounts Contribution Pilot Program is a Federal public benefit under PRWORA because, even if it is, the OBBBA pro- vision limiting account contributions to U.S. citizens would supersede and over- ride PRWORA. Finally, regarding the Saver’s Match, which is effective for tax years begin- ning in 2027, the Treasury Department and IRS intend to promulgate proposed regulations regarding the Saver’s Match separately. Explanation of Provisions I. Refunded Portion of Certain Individual Refundable Income Tax Credits Are Federal Public Benefits Under PRWORA These proposed regulations would pro- vide that PRWORA is applicable to the refunded portion of the affected refund- able tax credits. Specifically, proposed §§1.23-2(a), 1.24-3(a), 1.25A-7(a), and 1.32-4(a) each would provide that, pursu- ant to PRWORA, aliens who are not qual- ified aliens are not eligible to receive the Federal public benefit of the refunded por- tion of the affected refundable tax credits under sections 23, 24, 25A and 32, respec- tively. Proposed §1.32-4(b) would set forth definitions of the operative PRWORA terms that apply for purposes of apply- ing proposed §1.32-4(a). For example, proposed §1.32-4(b)(1) would provide that for purposes of applying PRWORA to the refunded portion of the EITC, the term “alien” has the same definition as in section 101(a) of the Immigra- tion and Nationality Act, Pub. L. No. 82-414, 66 Stat. 163, 8 U.S.C. 1101(a) (3). Proposed §1.32-4(b)(4) would pro- vide that the term “qualified alien” has the same definition as in section 431(b) of PRWORA (8 U.S.C. 1641(b)). Finally, consistent with the OLC con- clusion that the refunded portions of the affected refundable tax credits (that is, the portion that exceeds the indi- vidual’s tax liability and generates an overpayment under 26 U.S.C. 6401(b) (1)) are Federal public benefits within the meaning of 8 U.S.C. 1611(c), pro- posed §1.32-4(b)(2) would adopt this same definition of a Federal public ben- efit for purposes of applying proposed §1.32-4(a). Sections 1.23-2(b), 1.24- 3(b), and 1.25A-7(b), would adopt all of the PRWORA operative definitions applicable to the affected refundable tax credits by cross reference to §1.32- 4(b). 21 See HHS Notice 63 F.R. 41658 (August 4, 1998) (stating that HHS adoption assistance programs are generally Federal public benefits). This Notice was revised to include additional pro- grams as Federal public benefits in 2025 (90 F.R. 31232) (July 14, 2025). 22 2025 OLC Opinion at 18. 23 The Treasury Department and the IRS recently issued proposed regulations concerning section 6434. Trump Accounts Contribution Pilot Program, 91 FR 11203 (Mar. 9, 2026). Bulletin No. 2026–38 361 September 14, 2026 II. Definition of Refunded Portion of Refundable Tax Credit The proposed regulations would pro- vide that only the refunded portion of an affected refundable tax credit is a Federal public benefit. Accordingly, if the tax- payer is eligible for the affected refund- able tax credit under the Code, the pro- posed regulations would bar receipt only of the portion of the sum of those affected refundable tax credits that exceeds the income tax liability imposed by subtitle A (reduced by credits allowable under sub- parts A, B, D, and G of part IV of sub- chapter A of chapter 1). 24 Although the proposed definition of a Federal public benefit is similar to what is considered to be an overpayment in section 6401(b) (1), it is not the same because it is lim- ited to affected refundable tax credits. If the taxpayer is not a U.S. citizen, U.S. national, or qualified alien, the amount considered to be the overpayment under section 6401(b) that is available for credit, offset, or refund, which may include other refundable tax credits that are not affected refundable tax credits, would be reduced by the amount of the Federal public ben- efit. Proposed §§ 1.23-2(d), 1.24-3(d), 1.25A-7(d), and 1.32-4(d) would clarify who can receive the refunded portion of the affected refundable tax credit under PRWORA by providing that unless a tax- payer is a U.S. citizen, U.S national, or qualified alien, the taxpayer is not eligible to receive a refund, credit, or offset of the refunded portion of the affected refund- able tax credit. III. Timing of Alien Status Determination As explained in the Background sec- tion of this preamble, to be a qualified alien, an individual must fall within one of the defined categories in 8 U.S.C. 1641(b) “at the time the alien applies for, receives, or attempts to receive a Federal public benefit.” The proposed regulations would provide that an alien must be a qualified alien, for purposes of receiv- ing the refunded portion of the affected refundable tax credits, on the date the alien files a Federal income tax return first claiming the affected refundable tax credit. This rule would apply to the Fed- eral income tax return first claiming the affected refundable tax credit, which may be, for example, an early return, amended return, or late return. Using the filing date the taxpayer first claimed the credit would best align Code and tax administration concepts with PRWORA’s requirement that an alien be a qualified alien at the time the alien applies for, attempts to receive, or receives the Federal public benefit. In addition, under the Code, a taxpayer either claims or does not claim a credit, and por- tions of a single credit cannot be claimed at different times. Consequently, the date on which the taxpayer first claims the credit is the most appropriate date for determining whether the taxpayer satisfies PRWORA’s qualified alien requirement for the Federal public benefit. Accordingly, sections 1.23- 2(e), 1.24-3(e), 1.25A-7(e), and 1.32-4(e) of the proposed regulations would provide that each taxpayer claiming one or more of the affected refundable tax credits must be a U.S. citizen, U.S. national, or qual- ified alien on the date of filing an initial or amended Federal income tax return first claiming the credit for the taxable year in order to be eligible to receive the refunded portion of the tax credit. Pro- posed §§ 1.23-2(f), 1.24-3(f), 1.25A-7(f), and 1.32-4(f) would provide examples illustrating the applicability of the timing rule to the claim of the refunded portion of an affected refundable tax credit. I V. Joint Returns with Only One Spouse Meeting the Requirements Under PRWORA. The EITC, AOTC, and the adoption tax credit generally require married individu- als to file a joint return to claim the credit. The CTC does not require spouses to file a joint return, but spouses may elect to file a joint return. If married individuals filing a joint return meet the Code’s eligibility requirements of the specific refundable tax credit being claimed, and the amount of the affected refundable tax credit(s) exceeds the joint filers’ tax liability, then the pro- posed regulations would require that one of the joint filers be a U.S. citizen, U.S. national, or qualified alien to receive the joint refund, credit, or offset of the refunded portion of any of the affected refundable tax credits. See proposed §§ 1.23-2(b), 1.24-3(b), 1.25A-7(b), and 1.32-4(b)(4). V. Self-Certification Under the proposed regulations, each individual (or one spouse in the case of a joint return) claiming an affected refund- able tax credit that results in a Federal public benefit would be required to pro- vide a declaration under penalty of perjury stating that the individual is a U.S. citizen, U.S. national, or qualified alien who is eli- gible to receive the claimed refund under PRWORA. This declaration or attestation would need to be made on the appropri- ate Federal income tax return, amended tax return, or schedule as required by the IRS. The IRS intends to update forms and instructions to reflect this requirement. Under section 6061(a) of the Code, all returns and refund claims must “be signed in accordance with forms or regulations prescribed by the Secretary.” See also § 1.6061-1(a). These documents must also be “verified by a written declaration that [they are] made under the penalties of per- jury.” Section 6065 of the Code; see also §§ 1.6065-1(a), 301.6065-1, § 301.6402- 2(b)(1). An individual who fails to provide the required declaration in the manner and on the form or schedule required by the IRS would not be eligible to receive the refunded portion of any of the affected refundable tax credits claimed on the return for the taxable year. Section 7206 of the Code provides that willfully providing incorrect or untrue information on a tax return constitutes a felony. Penalties for violations of sec- tion 7206 include liability for a fine up to $100,000 and being sentenced to up to 3 years in prison. See also section 7207 of the Code. Additionally, 18 U.S.C. 1015(e) punishes as a felony any knowing false statement that one is a citizen or a national of the United States with the intent to obtain any Federal or State benefit or ser- vice. Finally, with respect to Federal pub- lic benefits, 18 U.S.C. 1001 provides that 24 If a taxpayer claims more than one of the affected refundable tax credits (for example, both ACTC and AOTC), then the “refunded portion” of the affected refundable tax credits refers to the total amount of such credits exceeding tax liability. The claimed credit amounts are added together before determining the amount of the credits exceeding tax liability. September 14, 2026 362 Bulletin No. 2026–38 it is a felony to knowingly and willfully make any materially false, fictitious, or fraudulent statement or representation in any matter within the jurisdiction of any branch of the Federal Government. Proposed Applicability Date These proposed regulations are pro- posed to apply for taxable years ending on or after the date these regulations are pub- lished as final regulations 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 Office of Management and Budget regarding review of tax regulations. OIRA has deter- mined that the proposed rulemaking is a significant regulatory action 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. The proposed rulemaking is not expected to be considered a regulatory action under Executive Order 14192 because it does not impose any more than de minimis reg- ulatory costs. A. Need for Regulation Tax credits provide a dollar-for-dollar reduction in tax liability. When a tax credit is refundable, any portion of the credit that exceeds the taxpayer’s liability may be refunded to the taxpayer. Because tax credits are typically designed to advance specific policy objectives, refundability ensures that low- and moderate-income taxpayers with little or no income tax lia- bility can still benefit, thereby supporting the intended purpose of the credit. Some individual refundable income tax credits have similar eligibility requirements, but the specific rules generally differ across credits. For example, the EITC is intended to encourage work and requires taxpayers to have earned income; the CTC, designed to support families, conditions eligibility on the presence of qualifying children; and the AOTC is aimed at reducing the cost of higher education and requires enrollment of an eligible student in an eligible institu- tion and payments of qualified expenses. The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) defines the term “Federal public benefit” as “any retirement, wel- fare, health, disability, public or assisted housing, postsecondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individ- ual, household, or family eligibility unit by an agency of the United States or by appropriated funds of the United States.” Under PRWORA, other than in limited exceptions, aliens who are not qualified aliens are not eligible for any Federal pub- lic benefits. The Treasury Department and the IRS have not previously considered individual refundable income tax credits to constitute Federal public benefits under PRWORA. In 2020, in response to the Treasury’s request for an opinion, the Office of Legal Counsel (OLC) at the Department of Justice opined (2020 Opinion) that the refunded portions of the EITC, CTC, and AOTC satisfies PRWORA’s definition of a Federal public benefit. Subsequently in November 2025, in response to the Trea- sury’s second request for an opinion, the OLC concluded in an opinion (2025 Opin- ion) that its 2020 Opinion reflects the best reading of the law and that the refunded portions of certain individual refund- able income tax credits are within the meaning of Federal public benefits under PRWORA. The proposed regulations would clar- ify how the term “Federal public benefit” as used in PRWORA applies to certain individual refundable income tax credits administered under the Code. B. The Statute and the Proposed Regulations The proposed regulations would apply PRWORA to the following four individual refundable income tax credits—the adop- tion tax credit, the CTC, the AOTC, and the EITC. Section 23 of the Code allows eligible taxpayers to claim the adoption tax credit to offset the costs of adopting a child. Beginning in tax year 2025, up to $5,000 of the credit is refundable. To claim the credit, taxpayers must include on the return the Taxpayer Identification Number (TIN) of the adopted child. Married indi- viduals must file a joint return to claim the credit unless exceptions apply. Section 24 allows eligible taxpayers to claim the CTC of up to $2,200 for tax year 2025 (adjusted for inflation thereafter) for each qualifying child. The refundable portion of the CTC is referred to as the additional child tax credit (ACTC), which is calculated as 15 percent of the taxpay- er’s earned income in excess of $2,500, up to $1,700 per qualifying child for tax year 2025 (adjusted for inflation thereaf- ter). To be eligible, the qualifying child and the taxpayer (or the taxpayer’s spouse if filing jointly) must have work eligible SSNs issued before the due date of the tax return. For married individuals filing a joint return, if only one spouse meets the work eligible SSN requirements, the other spouse must have an SSN or Indi- vidual Taxpayer Identification number (ITIN) issued on or before the due date of the return. Married individuals who file separate returns are eligible to claim the CTC, but the credit begins to phase out at a lower income level than for those filing jointly. Section 25A(a)(1) allows taxpayers to claim the AOTC for qualified education expenses paid for an eligible student for the first four years of postsecondary edu- cation. The maximum annual credit is $2,500 per student, and 40 percent of the credit amount is refundable. To be eligi- ble, the taxpayer (or the taxpayer’s spouse Bulletin No. 2026–38 363 September 14, 2026 if filing jointly) and the student (if not the taxpayer or spouse) must have work eli- gible SSNs issued before the due date of the tax return. Married individuals must file a joint return to claim the credit unless exceptions apply. Section 32 allows taxpayers with earned income to claim the EITC, which is fully refundable. The maximum EITC amount varies with the number of qualify- ing children the taxpayer has. For tax year 2025, the maximum credit amount is $649 for taxpayers with no qualifying child, $4,328 for taxpayers with one qualifying child, $7,152 for taxpayers with two qual- ifying children, and $8,046 for taxpayers with three or more qualifying children. To be eligible, the taxpayer (both spouses if filing jointly) as well as the qualifying child must have valid SSNs issued on or before the filing due date of the tax return. For the EITC, an SSN is not valid if it is issued solely to allow an individual to receive or apply for a Federal funded ben- efit. Married individuals must file a joint return to receive the credit unless excep- tions apply. Under sections 6401 and 6402 of the Code, when the amount of a refundable tax credit (under subpart C of part IV of subchapter A of chapter 1) exceeds the tax imposed by subtitle A (reduced by nonre- fundable tax credits), the amount of that excess is treated as an overpayment of tax and may be refunded to the taxpayer. Specifically, under section 6402, the IRS may credit the overpayment against any Federal tax liabilities of the taxpayer and shall, subject to certain mandatory offsets, refund any balance to the taxpayer. Under section 401(a) of PRWORA (8 U.S.C. 1611(a)), aliens who are not qual- ified aliens as defined in 8 U.S.C. 1641 are not eligible for any Federal public benefit as defined in PRWORA, with cer- tain narrow exceptions. Section 431(b) of PRWORA (8 U.S.C. 1641(b)) defines a qualified alien as an alien who, at the time the alien applies for, receives, or attempts to receive a Federal public benefit, meets certain alien status requirements, includ- ing “(1) an alien who is lawfully admitted for permanent residence under the Immi- gration and Nationality Act, (2) an alien who is granted asylum under section 208 of such Act, (3) a refugee who is admitted to the United States under section 207 of such Act, (4) an alien who is paroled into the United States under section 212(d)(5) of such Act for a period of at least 1 year, (5) an alien whose deportation is being withheld under section 243(h) of such Act (as in effect immediately before the effec- tive date of section 307 of division C of Public Law 104-208) or section 241(b)(3) of such Act (as amended by section 305(a) of division C of Public Law 104-208), (6) an alien who is granted conditional entry pursuant to section 203(a)(7) of such Act as in effect prior to April 1, 1980, (7) an alien who is a Cuban and Haitian entrant (as defined in section 501(e) of the Ref- ugee Education Assistance Act of 1980), or (8) an individual who lawfully resides in the United States in accordance with a Compact of Free Association referred to in section 1612(b)(2)(G) of [title 8].” Qualified aliens also include aliens who have been battered or subject to extreme cruelty in the United States and meet cer- tain requirements. These proposed regulations would clarify that the eligibility restrictions under PRWORA mentioned above would apply to the refunded portion of the fol- lowing four refundable tax credits—the adoption tax credit, the CTC, the AOTC, and the EITC. Furthermore, these pro- posed regulations would provide that only the refunded portion of an affected refund- able tax credit is a Federal public benefit. Accordingly, if the taxpayer is eligible for the affected refundable tax credit under the Code, these proposed regulations would bar receipt only of the portion of the sum of those affected refundable tax cred- its that exceeds the income tax liability imposed by subtitle A (reduced by credits allowable under subparts A, B, D, and G of part IV of subchapter A of chapter 1). If the taxpayer is not a U.S. citizen, U.S. national, or qualified alien, the amount considered to be the overpayment under section 6401(b) that is available for credit, offset, or refund, which may include other refundable tax credits would be reduced by the amount of the Federal public ben- efit. The proposed regulations would also establish the timing, in accordance with PRWORA, for determining the taxpay- er’s eligibility for Federal public benefits administered under the Code. Finally, the proposed regulations would clarify the application to joint returns with only one spouse meeting the status requirements under PRWORA. 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 Taxpayers The Department of the Treasury and the IRS estimate that, for tax year 2026, 49 million Federal individual income tax returns (i.e., taxpayers) will claim at least one of the four affected refundable tax credits—the adoption tax credit, the CTC, the AOTC, and the EITC. Of these taxpayers, an estimated 24 million will claim an affected refundable tax credit that results in a Federal public benefit. The Department of the Treasury and the IRS do not have data on a taxpayer’s qualified alien status with respect to PRWORA to precisely estimate the number of affected taxpayers. There is no direct data to esti- mate the number of non-qualified aliens whose claims for the affected refundable tax credits would be disallowed under the proposed regulation. A rough estimate based on data from the Social Security Administration shared with the IRS for tax administration, United States Citizen- ship and Immigration Services statistics, 25 and historical Department of Homeland Security estimates of non-immigrants residing in the U.S. 26 suggests that, of the 24 million taxpayers claiming the Fed- eral public benefit, a range of 200,000 to 700,000 taxpayers (0.8 to 2.8 percent) would likely be ineligible to receive it for tax year 2026 because they do not meet the 25 U.S. Citizenship and Immigration Services, Immigration and Citizenship Data. Available at www.uscis.gov/tools/reports-and-studies/immigration-and-citizenship-data 26 Department of Homeland Security, Office of Immigration Statistics, Population Estimates of Nonimmigrants Residing in the United States: Fiscal Years 2017-2019. Available at https:// ohss.dhs.gov/sites/default/files/2023-2/ni_population_estimates_fiscal_years_2017_-_2019v2.pdf. Accessed August 3, 2026. September 14, 2026 364 Bulletin No. 2026–38 qualified alien status requirements under PRWORA. These estimated numbers of affected taxpayers assume static behavior and do not account for potential behavioral responses to the proposed rulemaking, once finalized, that would affect whether a taxpayer claims an affected refundable tax credit or whether the claim contains a refunded portion. E. Economic Effects of the Proposed Regulations These proposed regulations would implement PRWORA’s requirements for Federal public benefits adminis- tered under the Code while minimizing taxpayer burden and other economic effects. In general, the proposed regula- tions, which would clarify the process for implementing PRWORA to the refunded portions of the affected refundable tax credits, are expected to have limited eco- nomic effects. Under the Code, taxpayers are generally required to have a valid SSN to be eligible for these credits. For tax year 2026, approximately only 200 thousand to 700 thousand taxpayers are estimated to be ineligible to receive the refund of the overpayment, have it credited against Fed- eral tax liabilities, or use it to offset non- tax liabilities, due to the proposed regu- lations. The Department of the Treasury and the IRS do not have data on a taxpay- er’s qualified alien status with respect to PRWORA to precisely estimate the dollar amount that would be disallowed under the proposed regulations. The estimated average amount of Federal public benefits for all taxpayers whose claims include the refunded portion of at least one affected refundable tax credit is $3,656 in 2026. Applying this average Federal public ben- efit for all taxpayers to the estimated range of affected taxpayers translates into an estimate of $0.7 billion to $2.6 billion of disallowed credits. In addition, these tax- payers would still be eligible to receive the nonrefunded portion of the credits if they meet eligibility requirements for the cred- its. Given the limited scope, any potential behavioral responses by affected taxpay- ers to the proposed regulations, such as changes to the extensive or intensive mar- gin of labor supply decisions, would not be expected to have a significant impact on the economy. 1. Identifying Claims of a Federal Public Benefit Under the proposed regulations, tax- payers who claim any of the four affected refundable tax credits would need to iden- tify whether their claim for the credits includes a Federal public benefit, which these proposed regulations would limit to the refunded portion of the credits. Tax software, if used by the taxpayer, is expected to automatically generate this amount based on information provided by taxpayers during the return preparation process. This would reduce the compli- ance burden for taxpayers using software to complete their tax returns. The Depart- ment of the Treasury and the IRS estimate that more than 96 percent of the Federal individual income tax returns use assis- tance from consumer or professional tax software. 2. Self-Certification of Eligibility for a Federal Public Benefit As previously explained in the pream- ble, taxpayers claiming an affected refund- able tax credit that results in a Federal public benefit would be required to pro- vide a declaration or attestation, under the penalty of perjury, stating if they are U.S. citizens, U.S. nationals, or qualified aliens under PRWORA who are eligible for the Federal public benefit claimed. Taxpayers would provide a written declaration on the Federal income tax return or on a sched- ule attached to the return, as prescribed by the IRS, stating their status eligibility for the Federal public benefit claimed. To minimize compliance burden, taxpayers would not be required to provide a sepa- rate document attesting eligibility under PRWORA. 3. Alternatives Considered a. Individuals required to self-certify eligibility status before identifying the receipt of a Federal public benefit An alternative to the aforemen- tioned self-certification process is first to require every individual who claims any of the four affected refundable tax cred- its to self-certify eligibility status and then require aliens who are not qualified aliens for Federal public benefits under PRWORA to calculate the amount of the overpayment they would not be eligible for. Relative to the self-certification process, this alternative would subject fewer taxpay- ers to the identification of overpayments but would require more individuals, including those whose claim for the affected refund- able tax credits does not have a refunded portion, to self-certify whether they are U.S. citizens, U.S. nationals, or quali- fied aliens under PRWORA. To restrict the attestation of eligibility status only to those who are required to self-certify under PRWORA, i.e., those who claim a Federal public benefit, the self-certification pro- cess would require that taxpayers claiming any of the affected refundable tax credits first identify the refunded portion of their claim and then only those whose claim has a refunded portion would self-certify eli- gibility status. Given the wide prevalence of the use of consumer or professional tax software in return preparation, the cost for this calculation of the refunded portion is expected to be insignificant for most tax- payers. b. Joint returns with one spouse meeting the PRWORA requirements For married individuals filing a joint return, under these proposed regulations, one spouse would be required to be a U.S. citizen, U.S. national, or qualified alien under PRWORA for the married individ- uals to receive the full refunded portion of the affected refundable tax credits, have it credited against the couple’s Federal tax liabilities, or use it to offset the cou- ple’s non-tax liabilities. An alternative approach would require married individ- uals with one spouse who is not a quali- fied alien to prorate the applicable credit or credits based on IRS-prescribed allo- cation rules that would account for each spouse’s eligibility status and a range of considerations specific to each credit. For example, allocations for the EITC could be based on which spouse had earned income whereas allocations for the other credits could be based on the share of qualified expenses contributed by, or other factors attributable to, each spouse. This alternative is complex because it would subject joint filers claiming the affected Bulletin No. 2026–38 365 September 14, 2026 refundable tax credits to new credit allo- cation rules and additional tax computa- tions that would not have been required otherwise. In addition, depending on the credit and the allocation rules, the IRS may lack the necessary third-party infor- mation reports to verify the spouse’s con- tributed expenses, income, or other factors used to determine the credit amount for which the qualified alien spouse is eligi- ble. To reduce taxpayer burden and poten- tial return errors, the proposed regulations provide that, for married individuals filing a joint return, if one spouse is a U.S. cit- izen, a U.S. national, or a qualified alien, then the other spouse would be treated as a qualified alien. F. Summary Based on the available data and analy- sis, the Treasury Department and the IRS estimate that the economic costs and ben- efits of the proposed regulations will be small. The Treasury Department and the IRS invite public comments on potential alternatives and additional data related to the economic effects that will result from these proposed regulations. 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 collections of information in these proposed regulations contain reporting and recordkeeping requirements that are necessary to ensure that individual refund- able income tax credits are not received by aliens who are not qualified aliens pursu- ant to PRWORA. The collections will be used by the individual taxpayers claiming one or more of the affected refundable income tax credits to certify their legal status. The IRS will use the information for tax compliance purposes. The proposed regulations include reporting requirements for taxpayers to self-certify under penalty of perjury that they are a U.S. citizen, U.S. national, or qualified alien who is eligible to receive the claimed refund as described in pro- posed §§1.23-1, 1.23-2, 1.24-2, 1.24-3, 1.25A-6, 1.25A-7, 1.32-1 and 1.32-4. Tax- payers will be able to complete this certi- fication by completing Schedule 3-A, or other form as determined by the Treasury Secretary. Schedule 3-A, or its successor form, will be filed along with their 1040 tax return. The likely respondents are individuals who file a Form 1040. For purposes of the PRA, the reporting requirements and associated burden will be included in the Paperwork Reduction Act Submissions associated with Form 1040 (OMB control number 1545-0074) and approved by the OMB in accordance with the PRA proce- dures under 5 CFR 1320.10. 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 26 U.S.C. 6103. These recordkeeping requirements are consid- ered general tax records under §1.6001- 1(e) and are already approved by the OMB under 1545-0074. This proposed regulation is not creating or changing the general recordkeeping requirements under §1.6001-1(e). III. Regulatory Flexibility Act The Secretary of the Treasury hereby certifies that these proposed regulations would not have a significant economic impact on a substantial number of small entities pursuant to the Regulatory Flex- ibility Act (5 U.S.C. chapter 6). The pro- posed rules would not impose any require- ment or obligation upon small entities. Accordingly, a regulatory flexibility anal- ysis under the Regulatory Flexibility Act is not required. IV. Section 7805(f) Pursuant to section 7805(f) of the Code, the proposed regulations will be submit- ted to the Chief Counsel for the Office of Advocacy of the Small Business Admin- istration for comment on their 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 (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 would not have federalism implications and would not impose substantial direct compliance costs on State and local gov- ernments or preempt State law within the meaning of the Executive order. Comments and Public Hearing Pursuant to the Administrative Proce- dure Act at 5 U.S.C. 553(b)(4), a plain language summary of these proposed reg- ulations is available on the rulemaking docket at https://www.regulations.gov. Before the proposed regulations are adopted as final regulations, consider- ation will be given to comments that are submitted timely to the IRS as prescribed in the preamble under the ADDRESSES heading. The Treasury Department and the IRS request comments on all aspects of the proposed regulations. Specifically, the Treasury Department and the IRS request comments on the proposed rule September 14, 2026 366 Bulletin No. 2026–38 of eligibility determination. All comments submitted will be available at https://www. regulations.gov or upon request. A public hearing is being held on Octo- ber 14, 2026, beginning at 10 a.m. ET at the Internal Revenue Service Building, 1111 Constitution Avenue, NW, Washing- ton, DC. Due to building security proce- dures, visitors must enter at the Consti- tution 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 immediate 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 as well as the time to be devoted to each topic by October 5, 2026. A period of ten minutes will be allocated to each person for making comments. After the deadline for receiving outlines has passed, the IRS will prepare an agenda contain- ing the schedule of speakers. Copies of the agenda will be made available free of charge at the hearing. If no outlines of the topics to be discussed at the hearing are received by October 5, 2026, the public hearing will be cancelled. If the public hearing is cancelled, a notice of cancel- lation of the public hearing will be pub- lished in the Federal Register. Individuals who want to testify in person at the public hearing must send an email to publichearings@irs.gov to have their name added to the building access list. The subject line of the email must contain the regulation number REG- 119882-25 and the language TESTIFY In Person. For example, the subject line may say: Request to TESTIFY In Person at Hearing for REG-119882-25. Individuals who want to testify by telephone 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-119882-25 and the language TESTIFY Telephonically. For example, the subject line may say: Request to TES- TIFY Telephonically at Hearing for REG- 119882-25. Individuals who want to attend the public hearing in person without testify- ing must also send an email to publichear- ings@irs.gov to have their name added to the building access list. The subject line of the email must contain the regulation number REG-119882-25 and the language ATTEND In Person. For example, the subject line may say: Request to ATTEND Hearing in Person for REG-119882-25. Requests to attend the public hearing must be received by 5:00 p.m. ET on October 9, 2026. Individuals who want to attend the pub- lic hearing telephonically without testifying must also 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-119882-25 and the language ATTEND Hearing Telephonically. For example, the subject line may say: Request to ATTEND Hearing Telephonically for REG-119882-25. Requests to attend the public hearing must be received by 5:00 p.m. ET on October 9, 2026. Hearings will be made accessible to people with disabilities. To request spe- cial assistance during the hearing, 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 at least October 8, 2026. Statement of Availability of Documents Opinions from the Office of Legal Counsel, Department of Justice, (OLC) that are cited in this preamble are avail- able by visiting the OLC website at https:// www.justice.gov/olc/opinions-main (if selected for official publication). If not selected for official publication, an opin- ion may be available at https://www.jus- tice.gov/olc/olc-foia-electronic-reading- room if it has been posted publicly by the OLC as a matter of discretion, gener- ally because it is the subject of repeated requests or of public or historical interest. The 2020 OLC Opinion cited in this pre- amble is currently available at the OLC’s electronic reading room. The 2025 OLC Opinion cited in this preamble is available at the OLC’s main opinions page. Drafting Information The principal authors of these proposed regulations are personnel from the Office of the Associate Chief Counsel (Income Tax & Accounting), IRS. However, other personnel from the Treasury Department and the IRS participated in their develop- ment. List of Subjects in 26 CFR Part 1 Income taxes, Reporting and record- keeping requirements. Proposed Amendments to the Regulations Accordingly, the Treasury Department and the IRS propose to amend 26 CFR part 1 as follows: PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 is amended by adding entries for §§ 1.23-2, 1.24-3, 1.25A-7, and 1.32-4 in numerical order to read in part as follows: Authority: 26 U.S.C. 7805 * * * * * * * * Section 1.23-2 also issued under 8 U.S.C. 1614. * * * * * Section 1.24-3 also issued under 8 U.S.C. 1614. * * * * * Section 1.25A-7 also issued under 8 U.S.C. 1614. * * * * * Section 1.32-4 also issued under 8 U.S.C. 1614. * * * * * Par. 2. Sections 1.23-1 and1.23-2 are added to read as follows: §1.23-1 [Reserved] §1.23-2 Application of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. (a) In general. Section 23 of the Inter- nal Revenue Code (Code) allows eligible individuals a credit of an amount deter- mined under section 23 (section 23 credit) against the tax imposed by subtitle A of the Code for the taxable year. This section Bulletin No. 2026–38 367 September 14, 2026 applies Title IV of PRWORA with respect to the refunded portion of the section 23 credit. See 8 U.S.C. 1611(a), (c)(1). (b) Definitions. For the definition of terms used for purposes of this section, see §1.32-4(b). (c) Refunded portion of the section 23 credit—(1) In general. The refunded portion of the section 23 credit is the por- tion of the section 23 credit determined under section 23(a)(4) that exceeds the tax imposed on the taxpayer by subtitle A of the Code (reduced by credits allowable under subparts A, B, D, and G of part IV of subchapter A of chapter 1 of the Code). (2) Multiple individual refundable income tax credits claimed. In the event the taxpayer has also claimed a refundable credit under sections 24, 25A, or 32 of the Code, or another individual refundable income tax credit for which the refunded portion is specified by the Secretary in regulations as subject to PRWORA, the taxpayer must first sum all such refund- able credits claimed, and then calculate the portion of the sum of these credits that exceeds the tax imposed on the taxpayer by subtitle A of the Code (reduced by credits allowable under subparts A, B, D, and G of part IV of subchapter A of chap- ter 1 of the Code). The refunded portion of the section 23 credit is included within this portion. (d) Federal public benefit as applied to section 23. The refunded portion of the taxpayer’s section 23 credit is a Federal public benefit. A taxpayer who satisfies the requirements of section 23 is eligible to receive the refunded portion of the sec- tion 23 credit, have it credited against the taxpayer’s unpaid tax liabilities, or have it offset against specified non-tax liabilities, only if the taxpayer is a U.S. citizen, U.S. national, or qualified alien and so declares under penalty of perjury (on the appropri- ate Federal income tax return, amended tax return, or schedule as required by the IRS). (e) Determination for eligibility of refunded portion of section 23 credit. For purposes of receiving the refunded portion of the section 23 credit, having it credited against the taxpayer’s unpaid tax liabili- ties, or having it offset against specified non-tax liabilities, a taxpayer’s status as a U.S. citizen, U.S. national, or qualified alien is determined on the date the tax- payer files the taxpayer’s return for the taxable year that first claims the section 23 credit (without regard to whether the return is deemed by the Code to be filed on another date). (f) Examples. The following examples illustrate the rules of this section. In each example below, the taxpayer meets the requirements under title 26 to claim the section 23 credit for the taxable year: (1) Example 1: Timely-filed return claiming the tax credit. The due date of taxpayer A’s return is April 15. A files A’s return for the taxable year on April 15, claiming the section 23 credit. On April 15, A is a U.S. citizen, U.S. national, or qualified alien. Because A is a U.S. citizen, U.S. national, or quali- fied alien on the date A files A’s return claiming the section 23 credit for the taxable year, A is eligible to receive the refunded portion of the section 23 credit, have it credited against A’s unpaid tax liabilities, or have it offset against A’s specified non-tax liabilities. (2) Example 2: Claiming the tax credit on an early return. The due date of taxpayer B’s return is April 15. B files B’s return on February 1, claiming the section 23 credit. On February 1, B is a U.S. cit- izen, U.S. national, or qualified alien. Accordingly, B is eligible to receive the refunded portion of the section 23 credit, have it credited against B’s unpaid tax liabilities, or have it offset against B’s specified non-tax liabilities. (3) Example 3: Claiming the tax credit on a late return. The due date of taxpayer C’s return is April 15. C does not file Form 4868, Application for Automatic Extension of Time to File U.S. Individual Income Tax Return, for the taxable year. On Novem- ber 1, within the period of limitations prescribed in section 6511 of the Code on filing a claim for refund, C files C’s return claiming the section 23 credit. On November 1, C is a U.S. citizen, U.S. national, or qualified alien. Accordingly, C is eligible to receive the refunded portion of the section 23 credit, have it credited against C’s unpaid tax liabilities, or have it offset against C’s specified non-tax liabilities. (4) Example 4: Claiming the tax credit on an amended return after a status change. The due date of taxpayer D’s return is April 15. D files D’s return for the taxable year on April 15, claiming the section 23 credit. However, on April 15, D is not a U.S. cit- izen, U.S. national, or qualified alien. Accordingly, D is not eligible to receive the refunded portion of the section 23 credit, or to have it credited against D’s unpaid tax liabilities or have it offset against D’s specified non-tax liabilities. On December 1, D becomes a U.S. citizen, U.S. national, or qualified alien. On December 15, within the period of lim- itation prescribed in section 6511 on filing a claim for refund, D files an amended return for the taxable year, updating D’s status under PRWORA. Although D is a U.S. citizen, U.S. national, or qualified alien on December 15, D was not a U.S. citizen, U.S. national, or qualified alien when D first claimed the section 23 credit, so D is not eligible to receive the refunded portion of the section 23 credit. (5) Example 5: Claiming the tax credit for the first time on an amended return after a status change. Same facts as paragraph (f)(4) of this section (Example 4), except that D did not initially claim the section 23 credit when D filed on April 15 and rather claimed this credit for the first time on an amended return filed on December 15. Since D is a U.S. cit- izen, U.S. national, or qualified alien on December 15 when D first claimed the section 23 credit, D is eligible to receive the refunded portion of the section 23 credit. (6) Example 6: Determining the Federal Public Benefit when the taxpayer claims the section 23 tax credit and no other refundable tax credits. Taxpayer E meets the section 23 requirements for a $6,120 adoption credit. The refundable amount of this credit, determined under section 23(a)(4), is $5,120. E claims no other individual refundable tax credits. E’s subtitle A tax liability, reduced by the credits allowed under subparts A, B, D, and G of part IV of subchapter A of chapter 1 of the Code, is $648. Therefore, the refunded portion of the section 23 credit is $4,472. This amount, which is the Federal public benefit, is calculated by subtracting $648 from $5,120. If E is an alien who is not a qualified alien, E is not eligible to receive the Federal public benefit of $4,472 as a refund, have it credited against the tax- payer’s unpaid tax liabilities, or have it offset against specified non-tax liabilities. (7) Example 7: Determining the Federal public benefit when the taxpayer claims multiple individ- ual refundable income tax credits. Taxpayer F meets the section 23 requirements for a $6,120 adoption credit and the section 32 requirements for a $1,054 earned income credit. The refundable amount of the section 23 credit, determined under section 23(a) (4), is $5,120. F claims no other individual refund- able income tax credits. F’s subtitle A tax liability, reduced by the credits allowed under subparts A, B, D, and G of part IV of subchapter A of chapter 1 of the Code, is $648. The sum of F’s refundable tax credits claimed under subpart C of part IV of subchapter A of chapter 1 of the Code and subject to PRWORA is $6,174. The excess of $6,174 over $648, which is $5,526, includes the refunded portion of both the section 23 credit and the section 32 credit and is the Federal public benefit. If F is an alien who is not a qualified alien, F is not eligible to receive the Federal public benefit of $5,526 as a refund, have it credited against the taxpayer’s unpaid tax liabilities, or have it offset against specified non-tax liabilities. (8) Example 8: Determining the Federal Pub- lic Benefit when the taxpayer claims an individual refundable income tax credit subject to PRWORA and a refundable income tax credit not subject to PRWORA. Taxpayer G meets the section 23 require- ments for a $6,120 adoption credit. The refundable amount of this credit, determined under section 23(a) (4), is $5,120. G also has $250 of tax withheld from wages during the taxable year and is allowed, under section 31, a credit against subtitle A tax equal to that amount. The section 31 credit is an allowable refund- able tax credit under subpart C of part IV of subchap- ter A of chapter 1 of the Code and is not subject to PRWORA. G claims no other individual refundable tax credits. G’s subtitle A tax liability, reduced by the credits allowed under subparts A, B, D, and G of part IV of subchapter A of chapter 1 of the Code, is $648. Therefore, the refunded portion of the section 23 credit is $4,472. This amount, which is the Federal public benefit, is calculated by subtracting $648 from September 14, 2026 368 Bulletin No. 2026–38 $5,120. The $250 withholding credit is not included in the calculation of a Federal public benefit and can be received as a refund, credited against the taxpay- er’s unpaid tax liabilities, or offset against specified non-tax liabilities. If G is an alien who is not a qual- ified alien, G is not eligible to receive the Federal public benefit of $4,472 as a refund, have it credited against the taxpayer’s unpaid tax liabilities, or have it offset against specified non-tax liabilities. (g) Applicability date. This section applies to taxable years ending on or after [insert date of publication of the final reg- ulations in the Federal Register]. Par. 3. Sections 1.24-2 and 1.24-3 are added to read as follows: §1.24-2 [Reserved] §1.24-3 Application of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. (a) In general. Section 24 of the Inter- nal Revenue Code (Code) allows eligible individuals a credit of an amount deter- mined under section 24 (section 24 credit) against the tax imposed by subtitle A of the Code for the taxable year. This section applies Title IV of PRWORA with respect to the refunded portion of the section 24 credit. See 8 U.S.C. 1611(a), (c)(1). (b) Definitions. For the definition of terms used for purposes of this section, see §1.32-4(b). (c) Refunded portion of the section 24 credit—(1) In general. The refunded por- tion of the section 24 credit is the portion of the section 24 credit determined under section 24(d) that exceeds the tax imposed on the taxpayer by subtitle A of the Code (reduced by credits allowable under sub- parts A, B, D, and G of part IV of subchap- ter A of chapter 1 of the Code). (2) Multiple individual refundable income tax credits claimed. In the event the taxpayer has also claimed a refundable credit under sections 23, 25A, or 32 of the Code, or another individual refundable income tax credit for which the refunded portion is specified by the Secretary in regulations as subject to PRWORA, the taxpayer must first sum all such refund- able credits claimed and then calculate the portion of the sum of these credits that exceeds the tax imposed on the taxpayer by subtitle A of the Code (reduced by credits allowable under subparts A, B, D, and G of part IV of subchapter A of chap- ter 1 of the Code). The refunded portion of the section 24 credit is included within this portion. (d) Federal public benefit as applied to section 24. The refunded portion of the section 24 credit is a Federal public ben- efit. A taxpayer who satisfies the require- ments of section 24 is eligible to receive the refunded portion of the section 24 credit, have it credited against the tax- payer’s unpaid tax liabilities, or have it offset against specified non-tax liabilities, only if the taxpayer is a U.S. citizen, U.S. national, or qualified alien and so declares under penalty of perjury (on the appropri- ate Federal income tax return, amended tax return, or schedule as required by the IRS). (e) Determination for eligibility of refunded portion of section 24 credit. For purposes of receiving the refunded portion of the section 24 credit, having it credited against the taxpayer’s unpaid tax liabili- ties, or having it offset against specified non-tax liabilities, a taxpayer’s status as a U.S. citizen, U.S. national, or qualified alien is determined on the date the tax- payer files the taxpayer’s return for the taxable year that first claims the section 24 credit (without regard to whether the return is deemed by the Code to be filed on another date). (f) Examples. The following examples illustrate the rules of this section. In each example, the taxpayer meets the require- ments under title 26 to claim the section 24 credit for the taxable year: (1) Example 1: Timely-filed return claiming the tax credit. The due date of taxpayer A’s return is April 15. A files A’s return for the taxable year on April 15, claiming the section 24 credit (for one or more qualifying children). On April 15, A is a U.S. citizen, U.S. national, or qualified alien. Because A is a U.S. citizen, U.S. national, or qualified alien on the date A files A’s return claiming the section 24 credit for the taxable year, A is eligible to receive the refunded portion of the section 24 credit, have it credited against A’s unpaid tax liabilities, or have it offset against A’s specified non-tax liabilities. (2) Example 2: Claiming the tax credit on an early return. The due date of taxpayer B’s return is April 15. B files B’s return on February 1, claiming the section 24 credit (for one or more qualifying children). On February 1, B was a U.S. citizen, U.S. national, or qualified alien. Accordingly, B is eligi- ble to receive the refunded portion of the section 24 credit, have it credited against B’s unpaid tax liabil- ities, or have it offset against B’s specified non-tax liabilities. (3) Example 3: Claiming the tax credit on a late return. The due date of taxpayer C’s return is April 15. C does not file Form 4868, Application for Automatic Extension of Time to File U.S. Individual Income Tax Return, for the taxable year. On Novem- ber 1, within the period of limitations prescribed in section 6511 of the Code on filing a claim for refund, C files C’s return claiming the section 24 credit (for one or more qualifying children). On November 1, C is a U.S. citizen, U.S. national, or qualified alien. Accordingly, C is eligible to receive the refunded portion of the section 24 credit, have it credited against C’s unpaid tax liabilities, or have it offset against C’s specified non-tax liabilities. (4) Example 4: Claiming the tax credit on an amended return after a status change. The due date of taxpayer D’s return is April 15. D files D’s return for the taxable year on April 15, claiming the section 24 credit. However, on April 15, D is not a U.S. cit- izen, U.S. national, or qualified alien. Accordingly, D is not eligible to receive the refunded portion of the section 24 credit, or to have it credited against D’s unpaid tax liabilities or have it offset against D’s specified non-tax liabilities. On December 1, D becomes a U.S. citizen, U.S. national, or qualified alien. On December 15, within the period of lim- itation prescribed in section 6511 on filing a claim for refund, D files an amended return for the taxable year, updating D’s status under PRWORA. Although D is a U.S. citizen, U.S. national, or qualified alien on December 15, D was not a U.S. citizen, U.S. national, or qualified alien when D first claimed the section 24 credit, so D is not eligible to receive the refunded portion of the section 24 credit. (5) Example 5: Claiming the tax credit for the first time on an amended return after a status change. Same facts as paragraph (f)(4) of this section (Example 4), except that D did not initially claim the section 24 credit when D filed on April 15 and rather claimed this credit for the first time on an amended return filed on December 15. Since D is a U.S. cit- izen, U.S. national, or qualified alien on December 15 when D first claimed the section 24 credit, D is eligible to receive the refunded portion of the section 24 credit. (6) Example 6: Determining the Federal Pub- lic Benefit when the taxpayer claims the section 24 credit and no other refundable tax credits. Taxpayer E meets the section 24 requirements for a $2,200 child tax credit. The refundable amount of this credit, determined under section 24(d), is $955. E claims no other individual refundable tax credits. E’s subtitle A tax liability, reduced by the credits allowed under subparts A, B, D, and G of part IV of subchapter A of chapter 1 of the Code, is $706. Therefore, the refunded portion of the section 24(d) credit is $249. This amount, which is the Federal public benefit, is calculated by subtracting $706 from $955. If E is an alien who is not a qualified alien, E is not eligible to receive the Federal public benefit of $249 as a refund, have it credited against the taxpayer’s unpaid tax liabilities, or have it offset against specified non- tax liabilities. (7) Example 7: Determining the Federal public benefit when the taxpayer claims multiple individual refundable income tax credits. Taxpayer F meets the section 24 requirements for a $2,200 child tax credit and the section 32 requirements for a $2,272 earned income credit. The refundable amount of the section 24 credit, determined under section 24(d), is $955. F Bulletin No. 2026–38 369 September 14, 2026 claims no other individual refundable tax credits. F’s subtitle A tax liability, reduced by the credits allowed under subparts A, B, D, and G of part IV of subchap- ter A of chapter 1 of the Code, is $706. The sum of F’s refundable tax credits claimed under subpart C of part IV of subchapter A of chapter 1 of the Code and subject to PRWORA is $3,227. The excess of $3,227 over $706, which is $2,521, includes the refunded portion of both the section 24(d) credit and the sec- tion 32 credit and is the Federal public benefit. If F is an alien who is not a qualified alien, F is not eligible to receive the Federal public benefit of $2,521 as a refund, have it credited against the taxpayer’s unpaid tax liabilities, or have it offset against specified non- tax liabilities. (8) Example 8: Determining the Federal Pub- lic Benefit when the taxpayer claims an individual refundable income tax credit subject to PRWORA and a refundable income tax credit not subject to PRWORA. Taxpayer G meets the section 24 require- ments for a $2,200 child tax credit. The refundable amount of this credit, determined under section 24(d), is $955. G also has $250 of tax withheld from wages during the taxable year and is allowed, under section 31, a credit against subtitle A tax equal to that amount. The section 31 credit is an allowable refund- able tax credit under subpart C of part IV of subchap- ter A of chapter 1 of the Code and is not subject to PRWORA. G claims no other individual refundable tax credits. G’s subtitle A tax liability, reduced by the credits allowed under subparts A, B, D, and G of part IV of subchapter A of chapter 1 of the Code, is $706. Therefore, the refunded portion of the section 24 credit is $249. This amount, which is the Federal public benefit, is calculated by subtracting $706 from $955. The $250 withholding credit is not included in the calculation of a Federal public benefit and can be received as a refund, credited against the taxpayer’s unpaid tax liabilities, or offset against specified non- tax liabilities. If G is an alien who is not a qualified alien, G is not eligible to receive the Federal public benefit of $249 as a refund, have it credited against the taxpayer’s unpaid tax liabilities, or have it offset against specified non-tax liabilities. (g) Applicability date. This section applies to taxable years ending on or after [insert date of publication of the final reg- ulations in the Federal Register]. Par. 4. Sections 1.25A-6 and 1.25A-7 are added to read as follows: §1.25A-6 [Reserved] §1.25A-7 Application of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. (a) In general. Section 25A(a)(1) of the Internal Revenue Code (Code) allows eligible individuals a credit of an amount determined under section 25A(b) and (i) (section 25A(a)(1) credit) against the tax imposed by subtitle A of the Code for the taxable year. This section applies Title IV of PRWORA with respect to the refunded portion of the section 25A(a)(1) credit. See 8 U.S.C. 1611(a), (c)(1). (b) Definitions. For the definition of terms used for purposes of this section, see §1.32-4(b). (c) Refunded portion of the section 25A(a)(1) credit—(1) In general. The refunded portion of the section 25A(a)(1) credit is the portion of the section 25A(a) (1) credit determined under section 25A(i) that exceeds the tax imposed on the tax- payer by subtitle A of the Code (reduced by credits allowable under subparts A, B, D, and G of part IV of subchapter A of chapter 1 of the Code). (2) Multiple individual refundable income tax credits claimed. In the event the taxpayer has also claimed a refundable credit under sections 23, 24, or 32 of the Code, or another individual refundable income tax credit for which the refunded portion is specified by the Secretary in regulations as subject to PRWORA, the taxpayer must first sum all such refund- able credits claimed, and then calculate the portion of the sum of these credits that exceeds the tax imposed on the taxpayer by subtitle A of the Code (reduced by credits allowable under subparts A, B, D, and G of part IV of subchapter A of chap- ter 1 of the Code). The refunded portion of the section 25A(a)(1) credit is included within this portion. (d) Federal public benefit as applied to section 25A(a)(1). The refunded por- tion of the taxpayer’s section 25A(a)(1) credit is a Federal public benefit. A tax- payer who satisfies the requirements of section 25A(a)(1) is eligible to receive the refunded portion of the section 25A(a) (1) credit, have it credited against the tax- payer’s unpaid tax liabilities, or have it offset against specified non-tax liabilities, only if the taxpayer is a U.S. citizen, U.S. national, or qualified alien and so declares under penalty of perjury (on the appropri- ate Federal income tax return, amended tax return, or schedule as required by the IRS). (e) Determination for eligibility of refunded portion of section 25A(a)(1) credit. For purposes of receiving the refunded portion of the section 25A(a)(1) credit, having it credited against the tax- payer’s unpaid tax liabilities, or having it offset against specified non-tax liabilities, a taxpayer’s status as a U.S. citizen, U.S. national, or qualified alien is determined on the date the taxpayer files the taxpay- er’s return for the taxable year that first claims the section 25A(a)(1) credit (with- out regard to whether the return is deemed by the Code to be filed on another date). (f) Examples. The following examples illustrate the rules of this section. In each example below, the taxpayer meets the requirements under title 26 to claim the section 25A(a)(1) credit for the taxable year: (1) Example 1: Timely-filed return claiming the tax credit. The due date of taxpayer A’s return is April 15. A files A’s return for the taxable year on April 15, claiming the section 25A(a)(1) credit. On April 15, A is a qualified alien within the meaning of 8 U.S.C. 1611(a). Because A was a U.S. citizen, U.S. national, or qualified alien on the date A files A’s return claiming the section 25A(a)(1) credit for the taxable year, A is eligible to receive the refunded portion of the section 25A(a)(1) credit, have it cred- ited against A’s unpaid tax liabilities, or have it offset against A’s specified non-tax liabilities. (2) Example 2: Claiming the tax credit on an early return. The due date of taxpayer B’s return is April 15. B files B’s return on February 1, claim- ing the section 25A(a)(1) credit. On February 1, B is a U.S. citizen, U.S. national, or qualified alien. Accordingly, B is eligible to receive the refunded portion of the section 25A(a)(1) credit, have it cred- ited against B’s unpaid tax liabilities, or have it offset against B’s specified non-tax liabilities. (3) Example 3: Claiming the tax credit on a late return. The due date of taxpayer C’s return is April 15. C does not file Form 4868, Application for Automatic Extension of Time to File U.S. Individual Income Tax Return, for the taxable year. On Novem- ber 1, within the period of limitations prescribed in section 6511 of the Code on filing a claim for refund, C files C’s return claiming the section 25A(a)(1) credit. On November 1, C is a U.S. citizen, U.S. national, or qualified alien. Accordingly, C is eligible to receive the refunded portion of the section 25A(a) (1) credit, to have it credited against C’s unpaid tax liabilities, or have it offset against C’s specified non- tax liabilities. (4) Example 4: Claiming the tax credit on an amended return after a status change. The due date of taxpayer D’s return is April 15. D files D’s return for the taxable year on April 15 claiming the section 25A(a)(1) credit. However, on April 15, D is not a U.S. citizen, U.S. national, or qualified alien. Accordingly, D is not eligible to receive the refunded portion of the section 25A(a)(1) credit, or to have it credited against D’s unpaid tax liabilities or have it offset against D’s specified non-tax lia- bilities. On December 1, D becomes a U.S. citizen, U.S. national, or qualified alien. On December 15, within the period of limitation prescribed in section 6511 on filing a claim for refund, D files an amended return for the taxable year, updating D’s status under PRWORA. Although D is a U.S. citizen, U.S. national, or qualified alien on December 15, D was not a U.S. citizen, U.S. national, or qualified alien September 14, 2026 370 Bulletin No. 2026–38 when D first claimed the section 25A(a)(1) credit, so D is not eligible to receive the refunded portion of the section 25A(a)(1) credit. (5) Example 5: Claiming the tax credit for the first time on an amended return after a status change. Same facts as paragraph (f)(4) of this sec- tion (Example 4), except that D did not initially claim the section 25A(a)(1) credit when D filed on April 15 and rather claimed this credit for the first time on an amended return filed on December 15. Since D is a U.S. citizen, U.S. national, or qualified alien on December 15 when D first claimed the section 25A(a)(1) credit, D is eligible to receive the refunded portion of the section 25A(a)(1) credit. (6) Example 6: Determining the Federal Public Benefit when the taxpayer claims the section 25A(a) (1) credit and no other refundable tax credits. Tax- payer E meets the section 25A(a)(1) requirements for a $2,500 American Opportunity Tax Credit. The refundable amount of this credit, determined under section 25A(i), is $1,000. E claims no other individ- ual refundable tax credits. E’s subtitle A tax liability, reduced by the credits allowed under subparts A, B, D, and G of part IV of subchapter A of chapter 1 of the Code, is $148. Therefore, the refunded portion of the section 25A(a)(1) credit is $852. This amount, which is the Federal public benefit, is calculated by subtracting $148 from $1,000. If E is an alien who is not a qualified alien, E is not eligible to receive the Federal public benefit of $852 as a refund, have it credited against the taxpayer’s unpaid tax liabilities, or have it offset against specified non-tax liabilities. (7) Example 7: Determining the Federal public benefit when the taxpayer claims multiple individual refundable income tax credits. Taxpayer F meets the section 25A(a)(1) requirements for a $2,500 Amer- ican Opportunity Tax Credit and the section 32 requirements for a $1,110 earned income credit. The refundable amount of the section 25A(a)(1) credit, determined under section 25A(i), is $1,000. F claims no other individual refundable tax credits. F’s sub- title A tax liability, reduced by the credits allowed under subparts A, B, D, and G of part IV of subchap- ter A of chapter 1 of the Code, is $812. The sum of F’s refundable tax credits claimed under subpart C of part IV of subchapter A of chapter 1 of the Code and subject to PRWORA is $2,110. The excess of $2,110 over $812, which is $1,298, includes the refunded portion of both the section 25A(a)(1) credit and the section 32 credit and is the Federal public benefit. If F is an alien who is not a qualified alien, F is not eli- gible to receive the Federal public benefit of $1,298 as a refund, have it credited against the taxpayer’s unpaid tax liabilities, or have it offset against speci- fied non-tax liabilities. (8) Example 8: Determining the Federal Pub- lic Benefit when the taxpayer claims an individual refundable income tax credit subject to PRWORA and a refundable income tax credit not subject to PRWORA. Taxpayer G meets the section 25A(a)(1) requirements for a $2,500 American Opportunity Tax Credit. The refundable amount of this credit, determined under section 25A(i), is $1,000. G also has $250 of tax withheld from wages during the tax- able year and is allowed, under section 31, a credit against subtitle A tax equal to that amount. The sec- tion 31 credit is an allowable refundable tax credit under subpart C of part IV of subchapter A of chap- ter 1 of the Code and is not subject to PRWORA. G claims no other individual refundable tax credits. G’s subtitle A tax liability, reduced by the credits allowed under subparts A, B, D, and G of part IV of subchap- ter A of chapter 1 of the Code, is $148. Therefore, the refunded portion of the section 25A(a)(1) credit is $852. This amount, which is the Federal public ben- efit, is calculated by subtracting $148 from $1,000. The $250 withholding credit is not included in the calculation of a Federal public benefit and can be received as a refund, credited against the taxpayer’s unpaid tax liabilities, or offset against specified non- tax liabilities. If G is an alien who is not a qualified alien, G is not eligible to receive the Federal public benefit of $852 as a refund, have it credited against the taxpayer’s unpaid tax liabilities, or have it offset against specified non-tax liabilities. (g) Applicability date. This section applies to taxable years ending on or after [insert date of publication of the final reg- ulations in the Federal Register]. Par. 5. Sections 1.32-1 and 1.32-4 are added to read as follows: §§1.32-1 [Reserved] §1.32-4 Application of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. (a) In general. Section 32 of the Inter- nal Revenue Code (Code) allows eligible individuals a credit of an amount deter- mined under section 32 (section 32 credit) against the tax imposed by subtitle A of the Code for the taxable year. This section applies Title IV of PRWORA with respect to the refunded portion of the section 32 credit. See 8 U.S.C. 1611(a), (c)(1). (b) Definitions. The following defini- tions apply for purposes of this section: (1) Alien. The term alien has the same meaning as provided in section 101(a) of the Immigration and Nationality Act, Public Law 82-414, 66 Stat. 163, 8 U.S.C. 1101(a)(3). (2) Federal public benefit. The term Federal public benefit has the same meaning as provided in section 401 of PRWORA, 8 U.S.C. 1611(c). (3) PRWORA. The term PRWORA means the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, 110 Stat. 2105, 2260-77, as amended. (4) Qualified alien. The term qualified alien has the same meaning as provided in section 431 of PRWORA, 8 U.S.C. 1641(b). In case of married individuals fil- ing a joint return, if one spouse is a U.S. citizen, U.S. national, or qualified alien, then the other spouse will be treated as a qualified alien for this purpose. (5) U.S. National. The term U.S. national has the same meaning as provided the term national of the United States in section 101(a) of the Immigration and Nationality Act, Public Law 82-414, 66 Stat. 163, 8 U.S.C. 1101(a)(22). (c) Refunded portion of the section 32 credit—(1) In general. The refunded por- tion of the section 32 credit is the portion of the section 32 credit that exceeds the tax imposed on the taxpayer by subtitle A of the Code (reduced by credits allowable under subparts A, B, D, and G of part IV of subchapter A of chapter 1 of the Code). (2) Multiple individual refundable income tax credits claimed. In the event the taxpayer has also claimed a refundable credit under sections 23, 24, or 25A of the Code, or another refundable income tax credit for which the refunded portion is specified by the Secretary in regulations as subject to PRWORA, the taxpayer must first sum all such refundable credits claimed, and then calculate the portion of the sum of these credits that exceeds the tax imposed on the taxpayer by subtitle A of the Code (reduced by credits allowable under subparts A, B, D, and G of part IV of subchapter A of chapter 1 of the Code). The refunded portion of the section 32 credit is included within this portion. (d) Federal public benefit as applied to section 32. The refunded portion of the taxpayer’s section 32 credit is a Federal public benefit. A taxpayer who satisfies the requirements of section 32 is eligible to receive the refunded portion of the sec- tion 32 credit, have it credited against the taxpayer’s unpaid tax liabilities, or have it offset against specified non-tax liabilities, only if the taxpayer is a U.S. citizen, U.S. national, or qualified alien and so declares under penalty of perjury (on the appropri- ate Federal income tax return, amended tax return, or schedule as required by the IRS). (e) Determination for eligibility of the refunded portion of section 32 credit. For purposes of receiving the refunded portion of the section 32 credit, having it credited against the taxpayer’s unpaid tax liabili- ties, or having it offset against specified non-tax liabilities, a taxpayer’s status as a U.S. citizen, U.S. national, or qualified Bulletin No. 2026–38 371 September 14, 2026 alien is determined on the date the tax- payer files the taxpayer’s return for the taxable year that first claims the section 32 credit (without regard to whether the return is deemed by the Code to be filed on another date). (f) Examples. The following examples illustrate the rules of this section. In each example below, the taxpayer meets the requirements under the Code to claim the section 32 credit for the taxable year: (1) Example 1: Timely-filed return claiming the tax credit. The due date of taxpayer A’s return is April 15. A files A’s return for the taxable year on April 15, claiming the section 32 credit. On April 15, A is a U.S. citizen, U.S. national, or qualified alien. Because A was a U.S. citizen, U.S. national, or quali- fied alien on the date of A files A’s return claiming the section 32 credit for the taxable year, A is eligible to receive the refunded portion of the section 32 credit, have it credited against A’s unpaid tax liabilities, or have it offset against A’s specified non-tax liabilities. (2) Example 2: Claiming the tax credit on an early return. The due date of taxpayer B’s return is April 15. B files B’s return on February 1, claiming the section 32 credit. On February 1, B is a U.S. cit- izen, U.S. national, or qualified alien. Accordingly, B is eligible to receive the refunded portion of the section 32 credit, have it credited against B’s unpaid tax liabilities, or have it offset against B’s specified non-tax liabilities. (3) Example 3: Claiming the tax credit on a late return. The due date of taxpayer C’s return is April 15. C does not file Form 4868, Application for Automatic Extension of Time to File U.S. Individual Income Tax Return, for the taxable year. On Novem- ber 1, within the period of limitations prescribed in section 6511 of the Code on filing a claim for refund, C files C’s return claiming the section 32 credit. On November 1, C is a U.S. citizen, U.S. national, or qualified alien. Accordingly, C is eligible to receive the refunded portion of the section 32 credit, to have it credited against C’s unpaid tax liabilities, or have it offset against C’s specified non-tax liabilities. (4) Example 4: Claiming the tax credit on an amended return after a status change. The due date of taxpayer D’s return is April 15. D files D’s return for the taxable year on April 15, claiming the section 32 credit. However, on April 15, D is not U.S. citi- zen, U.S. national, or a qualified alien. Accordingly, D is not eligible to receive the refunded portion of the section 32 credit, or to have it credited against D’s unpaid tax liabilities or have it offset against D’s specified non-tax liabilities. On December 1, D becomes a U.S. citizen, U.S. national, or qualified alien. On December 15, within the period of lim- itation prescribed in section 6511 on filing a claim for refund, D files an amended return for the taxable year, updating D’s status under PRWORA. Although D is a U.S. citizen, U.S. national, or qualified alien on December 15, D was not a U.S. citizen, U.S. national, or qualified alien when D first claimed the section 32 credit, so D is not eligible to receive the refunded portion of the section 32 credit. (5) Example 5: Claiming the tax credit for the first time on an amended return after a status change. Same facts as paragraph (f)(4) of this section (Example 4), except that D did not initially claim the section 32 credit when D filed on April 15 and rather claimed this credit for the first time on an amended return filed on December 15. Since D is a U.S. cit- izen, U.S. national, or qualified alien on December 15 when D first claimed the section 32 credit, D is eligible to receive the refunded portion of the section 32 credit. (6) Example 6: Determining the Federal Pub- lic Benefit when the taxpayer claims the section 32 credit and no other refundable tax credits. Taxpayer E meets the section 32 requirements for a $2,272 earned income credit. E claims no other individual refundable tax credits. E’s subtitle A tax liability, reduced by the credits allowed under subparts A, B, D, and G of part IV of subchapter A of chapter 1 of the Code, is $1,451. Therefore, the refunded portion of the section 32 credit is $821. This amount, which is the Federal public benefit, is calculated by sub- tracting $1,451 from $2,272. If E is an alien who is not a qualified alien, E is not eligible to receive the Federal public benefit of $821 as a refund, have it credited against the taxpayer’s unpaid tax liabilities, or have it offset against specified non-tax liabilities. (7) Example 7: Determining the Federal public benefit when the taxpayer claims multiple individual refundable income tax credits. Taxpayer F meets the section 32 requirements for a $2,272 earned income credit and the section 24 requirements for a $2,200 child tax credit. The refundable amount of the sec- tion 24 credit, determined under section 24(d), is $1,455. F claims no other individual refundable tax credits. F’s subtitle A tax liability, reduced by the credits allowed under subparts A, B, D, and G of part IV of subchapter A of chapter 1 of the Code, is $706. The sum of F’s refundable tax credits claimed under subpart C of part IV of subchapter A of chapter 1 of the Code and subject to PRWORA is $3,727. The excess of $3,727 over $706, which is $3,021, includes the refunded portion of both the section 32 credit and the section 24 credit and is the Federal public benefit. If F is an alien who is not a qualified alien, F is not eligible to receive the Federal public benefit of $3,021 as a refund, have it credited against the taxpayer’s unpaid tax liabilities, or have it offset against specified non-tax liabilities. (8) Example 8: Determining the Federal Pub- lic Benefit when the taxpayer claims an individual refundable income tax credit subject to PRWORA and a refundable income tax credit not subject to PRWORA. Taxpayer G meets the section 32 require- ments for a $2,272 earned income credit. G also has $250 of tax withheld from wages during the taxable year and is allowed, under section 31, a credit against subtitle A tax equal to that amount. The section 31 credit is an allowable refundable tax credit under subpart C of part IV of subchapter A of chapter 1 of the Code and is not subject to PRWORA. G claims no other individual refundable tax credits. G’s sub- title A tax liability, reduced by the credits allowed under subparts A, B, D, and G of part IV of subchap- ter A of chapter 1 of the Code, is $1,451. Therefore, the refunded portion of the section 32 credit is $821. This amount, which is the Federal public benefit, is calculated by subtracting $1,451 from $2,272. The $250 withholding credit is not included in the calcu- lation of a Federal public benefit and can be received as a refund, credited against the taxpayer’s unpaid tax liabilities, or offset against specified non-tax lia- bilities. If G is an alien who is not a qualified alien, G is not eligible to receive the Federal public benefit of $821 as a refund, have it credited against the tax- payer’s unpaid tax liabilities, or have it offset against specified non-tax liabilities. (g) Applicability date. This section applies to taxable years ending on or after [insert date of publication of the final reg- ulations in the Federal Register]. Frank J. Bisignano, Chief Executive Officer. (Filed by the Office of the Federal Register August 19, 2026, 8:45 a.m., and published in the issue of the Federal Register for August 20, 2026, 91 FR 53812) Bulletin No. 2026–38 i September 14, 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. September 14, 2026 ii Bulletin No. 2026–38 Numerical Finding List 1 Bulletin 2026–38 Announcements: 2026-11, 2026-29 I.R.B. 49 2026-12, 2026-29 I.R.B. 50 2026-13, 2026-32 I.R.B. 173 2026-14, 2026-34 I.R.B. 180 2026-15, 2026-35 I.R.B. 214 Notices: 2026-39, 2026-27 I.R.B. 1 2026-38, 2026-28 I.R.B. 30 2026-40, 2026-28 I.R.B. 33 2026-41, 2026-29 I.R.B. 39 2026-42, 2026-29 I.R.B. 41 2026-43, 2026-29 I.R.B. 42 2026-21, 2026-30 I.R.B. 51 2026-44, 2026-32 I.R.B. 143 2026-28, 2026-34 I.R.B. 177 2026-46, 2026-35 I.R.B. 182 2026-48, 2026-35 I.R.B. 185 2026-49, 2026-35 I.R.B. 198 2026-50, 2026-36 I.R.B. 242 2026-51, 2026-38 I.R.B. 314 Proposed Regulations: REG-101355-26, 2026-37 I.R.B. 249 REG-103844-26, 2026-37 I.R.B. 275 REG-115145-25, 2026-37 I.R.B. 298 CC-00349938-26, 2026-38 I.R.B. 317 REG-107855-25, 2026-38 I.R.B. 333 REG-117130-25, 2026-38 I.R.B. 343 REG-119882-25, 2026-38 I.R.B. 355 Revenue Procedures: 2026-25, 2026-29 I.R.B. 45 2026-18, 2026-30 I.R.B. 53 2026-26, 2026-31 I.R.B. 131 2026-32, 2026-32 I.R.B. 146 2026-28, 2026-33 I.R.B. 175 2026-30, 2026-35 I.R.B. 212 Revenue Rulings: 2026-12, 2026-28 I.R.B. 27 2026-13, 2026-32 I.R.B. 132 2026-14, 2026-35 I.R.B. 181 2026-15, 2026-36 I.R.B. 216 2026-16, 2026-36 I.R.B. 237 2026-17, 2026-37 I.R.B. 247 Treasury Decisions: 10051, 2026-31 I.R.B. 118 10052, 2026-31 I.R.B. 121 10050, 2026-32 I.R.B. 134 10053, 2026-36 I.R.B. 237 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2026–27 through 2026–52 is in Internal Revenue Bulletin 2025–52, dated December 21, 2025. Bulletin No. 2026–38 iii September 14, 2026 Finding List of Current Actions on Previously Published Items 1 Bulletin 2026–38 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2026–27 through 2026–52 is in Internal Revenue Bulletin 2025–52, dated December 21, 2025. 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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