[Federal Register Volume 59, Number 141 (Monday, July 25, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-17569] [[Page Unknown]] [Federal Register: July 25, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [INTL-0066-92] RIN 1545-AS68 Change From the Dollar Approximate Separate Transactions Method (DASTM) to the Profit and Loss Method of Accounting AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: This document contains proposed Income Tax Regulations that would require a qualified business unit (QBU) using the dollar approximate separate transactions method of accounting (DASTM) to change its functional currency when the local currency ceases to be hyperinflationary. These regulations provide rules for taxpayers to determine when a change from DASTM is required and provide guidance on required adjustments relating to the change in method. DATES: Comments and requests for a public hearing must be received by September 23, 1994. ADDRESSES: Send submissions to: CC:DOM:CORP:T:R (INTL-0066-92), room 5228, Internal Revenue Service, POB 7604, Ben Franklin Station, Washington, DC 20044. FOR FURTHER INFORMATION CONTACT: Jacob Feldman or Teresa B. Hughes, (202) 622-3870 (not a toll free call). SUPPLEMENTARY INFORMATION: Background This document contains proposed amendments to the Income Tax Regulations (26 CFR part 1) under section 985 of the Internal Revenue Code of 1986. The proposed regulations would require a qualified business unit that uses the dollar approximate separate transactions method to change its functional currency and its method of accounting to the profit and loss method when the QBU is no longer operating in an environment that has a hyperinflationary currency. Explanation of Provisions Proposed Sec. 1.985-1(b)(2)(ii)(E) provides that a QBU required to use the dollar as its functional currency pursuant to Sec. 1.985- 1(b)(2) or a QBU that has elected to use the dollar as its functional currency pursuant to Sec. 1.985-2 must redetermine its functional currency if for three consecutive taxable years the currency of the QBU's economic environment is not a hyperinflationary currency. The change in functional currency is treated as made with the consent of the Commissioner, and the adjustments required under Sec. 1.985-5 must be made in connection with the change. The IRS believes it appropriate to require a QBU that is no longer operating in a hyperinflationary environment to stop using the dollar to compute its income or loss or earnings and profits because of the general preference expressed in section 985(b) to use the currency of the QBU's economic environment for this purpose. A three year measurement period for determining non-hyperinflationary status was thought desirable to avoid frequent changes in functional currency for QBUs operating in borderline hyperinflationary environments. Comments are requested as to whether the three year period is appropriate. Special Analyses It has been determined that this notice of proposed rulemaking is not a significant regulatory action as defined in EO 12866. Therefore, a regulatory assessment is not required. It also has been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) and the Regulatory Flexibility Act (5 U.S.C. chapter 6) do not apply to these regulations, and, therefore, a Regulatory Flexibility Analysis is not required. Pursuant to section 7805(f) of the Internal Revenue Code, this notice of proposed rulemaking will be submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small business. Comments and Requests for a Public Hearing Before these proposed regulations are adopted as final regulations, consideration will be given to any written comments (preferably a signed original and eight (8) copies) that are submitted timely to the IRS. All comments will be available for public inspection and copying. A public hearing may be scheduled if requested in writing by a person that timely submits written comments. If a public hearing is scheduled, notice of the date, time, and place for the hearing will be published in the Federal Register. Drafting Information The principal authors of these proposed regulations are Jacob Feldman and Teresa B. Hughes of the Office of Associate Chief Counsel (International), within the Office of Chief Counsel, IRS. Other personnel from the IRS and Treasury Department participated in their development. List of Subjects in 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. Proposed Amendment to the Regulations Accordingly, 26 CFR part 1 is proposed to be amended as follows: PART 1--INCOME TAXES Paragraph 1. The authority citation for part 1 continues to read in part as follows: Authority: 26 U.S.C. 7805 * * *. Par. 2. In Sec. 1.985-1, paragraph (b)(2)(ii)(E) is added to read as follows: Sec. 1.985-1 Functional currency. * * * * * (b) * * * (2) * * * (ii) * * * (E) Change in functional currency when currency ceases to be hyperinflationary--(1) In general. A QBU that has been required to use the dollar as its functional currency under paragraph (b)(2) of this section, or has elected to use the dollar as its functional currency under paragraph (b)(2)(ii)(B)(2) of this section or Sec. 1.985-2, must change its functional currency as of the first day of the first taxable year that follows three consecutive taxable years in which the currency of its economic environment, determined under paragraph (c)(2) of this section, is not a hyperinflationary currency. The functional currency of the QBU for such year shall be determined in accordance with paragraph (c) of this section. For purposes of Sec. 1.985-4, the change is considered to be made with the consent of the Commissioner. See Sec. 1.985-5 for adjustments that are required upon a change in functional currency. (2) Effective date. Section 1.985-1(b)(2)(ii)(E) is effective for taxable years beginning after the date which is 30 days after the publication of final regulations in the Federal Register. Margaret Milner Richardson, Commissioner of Internal Revenue. [FR Doc. 94-17569 Filed 7-22-94; 8:45 am] BILLING CODE 4830-01-U