[Federal Register Volume 77, Number 117 (Monday, June 18, 2012)]
[Proposed Rules]
[Page 36228]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14788]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG-100276-97]
RIN 1545-AU94
Financial Asset Securitization Investment Trusts
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Withdrawal of notice of proposed rulemaking.
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SUMMARY: This document withdraws a notice of proposed rulemaking
relating to financial asset securitization trusts (FASITs). The FASIT
provisions (sections 860H through 860L) of the Internal Revenue Code
(Code) were repealed by Public Law 108-357, effective January 1, 2005,
with a limited exception for existing FASITs.
FOR FURTHER INFORMATION CONTACT: Julanne Allen at (202) 622-3920 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
Background
Section 1621(a) of the Small Business Job Protection Act of 1996,
Public Law 104-188 (110 Stat. 1755 (1996)), amended the Code by adding
part V (sections 860H through 860L) (the FASIT provisions) to
subchapter M of chapter 1. Part V, which was effective September 1,
1997, authorized a securitization vehicle called a Financial Asset
Securitization Investment Trust (FASIT). FASITs were meant to
facilitate the securitization of debt instruments, such as credit card
receivables, home equity loans, and auto loans.
Proposed regulations providing guidance with respect to the
application of the FASIT provisions were published in the Federal
Register on February 7, 2000 (65 FR 5807). (Section 1.860E-1(c) of the
proposed regulations, governing the transfer of non-economic REMIC
residual interests, was finalized on July 18, 2002, in T.D. 9004.) In
general, the proposed regulations pertaining to FASITs are proposed to
be applicable on the date final regulations are filed with the Federal
Register. The portion of the proposed regulations containing an anti-
abuse rule and the portion of the proposed regulations implementing
special transition rules for securitization entities in existence on
August 31, 1997, were proposed to apply on February 4, 2000.
The FASIT provisions were repealed by section 835(a) of the
American Jobs Creation Act of 2004, Public Law 108-357 (118 Stat. 1418
(2004)), effective January 1, 2005. During the period of legislative
consideration of the FASIT provisions and subsequently, other
structures for loan securitizations were developed. In its discussion
of the reasons for the repeal of the FASIT provisions, the Ways and
Means Committee stated:
The Committee is aware that FASITs are not being used widely in
the manner envisioned by the Congress and, consequently, the FASIT
rules have not served the purposes for which they originally were
intended. Moreover, the Joint Committee staff's report [on its
investigation of Enron Corporation and related entities] and other
information indicate that FASITS are particularly prone to abuse and
likely are being used to facilitate tax avoidance transactions.
H.R. Rep. No. 108-548, Pt. 1, at 295 (2004) (footnote omitted).
In light of the repeal of the FASIT provisions and their limited
use, the Treasury Department and the IRS have decided to withdraw the
proposed regulations.
Drafting Information
The principal authors of this withdrawal notice are Richard LaFalce
and Julanne Allen of the Office of the Associate Chief Counsel
(Financial Institutions and Products).
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and recordkeeping requirement.
Withdrawal of Notice of Proposed Rulemaking
Accordingly, under the authority of 26 U.S.C. 7805, the notice of
proposed rulemaking (REG-100276-97) published in the Federal Register
on February 7, 2000 (65 FR 5807) is withdrawn.
Steven T. Miller,
Deputy Commissioner for Services and Enforcement.
[FR Doc. 2012-14788 Filed 6-15-12; 8:45 am]
BILLING CODE 4830-01-P