REG-209709-94 (Final-TD 8865) Amortization of Intangible Property

The collection of information in this previously approved regulation is in § 1.197–2(h)(9). This information is required in order to provide guidance on the time and manner of making the election under section 197(f)(9)(B). Under this election, the seller of a section 197 intangible may pay a tax on the sale in order to avoid the application of the antichurning rules of section 197(f)(9) to the purchaser. This information will be used to confirm the parties to the transaction, calculate any additional tax due, and notify the purchaser of the seller's election. The likely respondents are business or other for-profit institutions.

The latest form for REG-209709-94 (Final-TD 8865) Amortization of Intangible Property expires 2022-02-28 and can be found here.