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B-336302 May 15, 2024 1 (2024-05-15)

handle is hein.gao/gaoqgy0001 and id is 1 raw text is: GAO U.S. GOVERNMENT ACCOUNTABILITY OFFICE
441 G St. N.W.
Washington, DC 20548
B-336302
May 15, 2024
The Honorable Ron Wyden
Chairman
The Honorable Mike Crapo
Ranking Member
Committee on Finance
United States Senate
The Honorable Jason Smith
Chairman
The Honorable Richard Neal
Ranking Member
Committee on Ways and Means
House of Representatives
Subject: Department of the Treasury, Internal Revenue Service: Transfer of Certain Credits
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
Transfer of Certain Credits (RIN: 1545-BQ64). We received the rule on April 25, 2024. It was
published in the Federal Register on April 30, 2024. 89 Fed. Reg. 34770. The effective date is
July 1, 2024.
According to IRS, this final rule concerns the election under the Inflation Reduction Act of 2022,
Pub. L. No. 117-169, 136 Stat. 1818 (Aug. 16, 2022), to transfer certain tax credits. IRS
explained that these regulations describe rules for the election to transfer eligible credits in a
taxable year, including definitions and special rules applicable to partnerships and
S corporations and regarding excessive credit transfer or recapture events. Additionally, IRS
stated that these regulations describe rules related to a required IRS pre-filing registration
process. IRS noted that these regulations affect eligible taxpayers that elect to transfer eligible
credits in a taxable year and the transferee taxpayers to which eligible credits are transferred.
Enclosed is our assessment of IRS's compliance with the procedural steps required by
section 801 (a)(1)(B)(i) through (iv) of title 5 with respect to the rule. If you have any questions
about this report or wish to contact GAO officials responsible for the evaluation work relating to
the subject matter of the rule, please contact Charlie McKiver, Assistant General Counsel, at
(202) 512-5992.
Shirley A. Jones
Managing Associate General Counsel

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