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B-332838 1 (2021-01-14)

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G      &     0       U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548


B-332838


January 14, 2021

The Honorable Chuck Grassley
Chairman
The Honorable Ron Wyden
Ranking Member
Committee on Finance
United States Senate

The Honorable Richard Neal
Chairman
The Honorable Kevin Brady
Ranking Member
Committee on Ways  and Means
House of Representatives

Subject: Department of the Treasury, Internal Revenue Service: Taxable Year of Income
        Inclusion Under an Accrual Method of Accounting and Advance Payments for Goods,
        Services, and Other Items

Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Department of the Treasury, Internal Revenue Service (IRS) entitled
Taxable Year of Income Inclusion Under an Accrual Method of Accounting and Advance
Payments  for Goods, Services, and Other Items (RINs: 1545-B068, 1545-B078). We received
the rule on January 4, 2021. It was published in the Federal Register as final regulations on
January 6, 2021. 86 Fed. Reg. 810. The stated effective date of the rule is December 30,
2020.

According to IRS, the final rule relates to the timing of income inclusion under an accrual
method of accounting, including the treatment of advance payments for goods, services, and
certain other items. IRS stated the final rule reflects changes made by the law commonly
known as the Tax Cuts and Jobs Act, Pub. L. No. 115-97, 131 Stat. 2054 (Dec. 22, 2017), and
affects taxpayers that use an accrual method of accounting and have an applicable financial
statement. IRS also stated the final rule affects taxpayer that use an accrual method of
accounting and receive advance payments.

The Congressional Review Act (CRA) requires a 60-day delay in the effective date of a major
rule from the date of publication in the Federal Register or receipt of the rule by Congress,
whichever is later. 5 U.S.C. § 801(a)(3)(A). The 60-day delay in effective date can be waived,
however, if the agency finds for good cause that delay is impracticable, unnecessary, or
contrary to the public interest, and the agency incorporates a statement of the findings and its
reasons in the rule issued. 5 U.S.C. § 808(2). IRS determined it had good cause because an

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