# 90 FR 28946: Regulations Under Section 382(h) Related to Built-In Gain and Loss; Withdrawal > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2025-12193 ## Section - **Citation:** 90 FR 28946 - **Heading:** Regulations Under Section 382(h) Related to Built-In Gain and Loss; Withdrawal - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Federal Register / Vol. 90 / 90 FR 28946 ## Text RBIG; and (vi) to exclude section 382 disallowed business interest carryforwards (as defined in § 1.382-2(a)(7)) as items of RBIL under section 382(h)(6)(B). The 2019 proposed regulations reflected the view that the certainty provided by the 1374 approach would streamline the calculation of built-in gains and built-in losses for taxpayers and the administration of section 382(h) for the IRS. In developing the 2019 proposed regulations, the Treasury Department and the IRS also considered the “338 approach” (as described in Notice 2003-65) to be more complex than the 1374 approach and to result in overstatements of RBIG and RBIL. The Treasury Department and the IRS received several comments in response to the 2019 proposed regulations, many of which were critical of the foregoing view. In response to the comments received, the Treasury Department and the IRS are withdrawing the 2019 proposed regulations and the 2020 proposed regulations. The Treasury Department and the IRS are continuing to study the issues addressed in the 2019 proposed regulations and expect to issue a revised notice of proposed rulemaking regarding such issues. By the terms of Notice 2003-65, taxpayers may continue to rely on the approaches set forth therein for purposes of applying section 382(h) to an ownership change that occurs prior to the effective date of temporary or final regulations under section 382(h). See Notice 2003-65, Part V. Drafting Information The principal author of this notice is Brian R. Loss of the Office of Associate Chief Counsel (Corporate). However, other personnel from the Treasury Department and the IRS participated in its development. List of Subjects in 26 CFR Part 1 Income Taxes, Reporting and recordkeeping requirements. Withdrawal of Proposed Amendments to the Regulations Under the authority of 26 U.S.C rmation The principal author of this notice is Brian R. Loss of the Office of Associate Chief Counsel (Corporate). However, other personnel from the Treasury Department and the IRS participated in its development. List of Subjects in 26 CFR Part 1 Income Taxes, Reporting and recordkeeping requirements. Withdrawal of Proposed Amendments to the Regulations Under the authority of 26 U.S.C. 7805, the notices of proposed rulemaking (REG-125710-18) that were published in the Federal Register on September 10, 2019 (84 FR 47455), and January 14, 2020 (85 FR 2061), are withdrawn. Edward T. Killen, Acting Chief Tax Compliance Officer. 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