# Announcement 2023-18: Part IV – Items of General Interest Transitional Guidance with Respect to Stock Repurchase Excise Tax

> Federal · IRS announcements · In force

URL: https://www.frixlaw.com/law-library/statutes/IRS_ANN_2023_18

## Section

- **Citation:** Announcement 2023-18
- **Heading:** Part IV – Items of General Interest Transitional Guidance with Respect to Stock Repurchase Excise Tax
- **Jurisdiction:** Federal
- **Kind:** IRS announcements
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Internal Revenue Bulletin / IRB 2023 / Announcement / Announcement 2023-18

## Text

Part IV – Items of General Interest

Transitional Guidance with Respect to Stock Repurchase Excise Tax

Announcement 2023-18

This announcement confirms that no taxpayer is required to report the new
excise tax imposed by section 4501 of the Internal Revenue Code (Code) on
repurchases of corporate stock during a covered corporation’s taxable year (stock
repurchase excise tax) on any returns filed with the Internal Revenue Service (IRS), or
to make any payments of such tax, before the time specified in forthcoming regulations.
The stock repurchase excise tax applies to repurchases made after December
31, 2022. On January 17, 2023, the Department of the Treasury (Treasury Department)
and the IRS published Notice 2023-2, 2023-3 I.R.B. 374, to provide initial guidance
regarding the application of the stock repurchase excise tax. The notice announced
that the Treasury Department and the IRS intend to issue forthcoming regulations
addressing the application of the stock repurchase excise tax. The notice describes
certain rules for determining the amount of stock repurchase excise tax owed that the
Treasury Department and the IRS intend to include in the forthcoming regulations and
provides that taxpayers may rely on these rules until the publication of the forthcoming
regulations.
Additionally, the notice describes anticipated procedures for reporting and paying
any liability for the stock repurchase excise tax that the Treasury Department and the
IRS intend to include in the forthcoming regulations
ent and the IRS intend to include in the forthcoming regulations and
provides that taxpayers may rely on these rules until the publication of the forthcoming
regulations.
Additionally, the notice describes anticipated procedures for reporting and paying
any liability for the stock repurchase excise tax that the Treasury Department and the
IRS intend to include in the forthcoming regulations. Specifically, the notice states that
the forthcoming regulations are expected to provide that (i) the stock repurchase excise
tax will be reported once per taxable year on the Form 720, Quarterly Federal Excise
Tax Return, that is due for the first full quarter after the close of the taxpayer’s taxable
year, (ii) the deadline for payment of the stock repurchase excise tax will be the same
as the filing deadline, and (iii) no extensions will be permitted for reporting or paying the
stock repurchase excise tax.
For those taxpayers with a taxable year ending after December 31, 2022, but
prior to publication of the forthcoming regulations, such regulations are expected to
provide that any liability for the stock repurchase excise tax for such taxable year will be
reported on the Form 720 that is due for the first full quarter after the date of publication
of the forthcoming regulations, and that the deadline for payment of the stock
repurchase excise tax is the same as the filing deadline. There will be no addition to tax
under section 6651(a) of the Code (or any other provision of the Code) for failure to file
a return reporting the stock repurchase excise tax, or for failure to pay the stock
repurchase excise tax, before the time specified in the forthcoming regulations
s, and that the deadline for payment of the stock
repurchase excise tax is the same as the filing deadline. There will be no addition to tax
under section 6651(a) of the Code (or any other provision of the Code) for failure to file
a return reporting the stock repurchase excise tax, or for failure to pay the stock
repurchase excise tax, before the time specified in the forthcoming regulations.
The Treasury Department and the IRS expect the forthcoming regulations will
require covered corporations to keep complete and detailed records to establish
accurately any amount of stock repurchases (including repurchases made after
December 31, 2022, but before the forthcoming regulations are published) and to retain
these records as long as their contents may become material.
DRAFTING INFORMATION
The principal author of this announcement is Samuel G. Trammell of the Office of
the Associate Chief Counsel (Corporate). For further information regarding this
announcement contact Mr. Trammell at (202) 317-6975 (not a toll-free call).

## Nearby sections

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- [Announcement 2023-12 Part III – Administrative, Procedural, and Miscellaneous](https://www.frixlaw.com/law-library/statutes/IRS_ANN_2023_12.md)
- [Announcement 2023-16 Public Hearings on Proposed Regulations to Be Conducted in Person with Telephone Option Available](https://www.frixlaw.com/law-library/statutes/IRS_ANN_2023_16.md)
- [Announcement 2023-18 Part IV – Items of General Interest Transitional Guidance with Respect to Stock Repurchase Excise Tax](https://www.frixlaw.com/law-library/statutes/IRS_ANN_2023_18.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/IRS_ANN_2023_18. Check the current official text before relying on it. Not legal advice.
