IRS Unveils 'Income Taxes' Rule: Shockingly Routine Update
Published Date: 8/21/2026
Rule
Summary
No summary available.
Analyzed Economic Effects
3 provisions identified: 0 benefits, 0 costs, 3 mixed.
Dollar-QBU: Section 987 vs. Section 988 Rules
If a qualified business unit (QBU) uses the U.S. dollar as its functional currency (a "dollar QBU"), section 987 generally does not apply to that QBU and a controlled foreign corporation (CFC) that owns the dollar QBU must apply section 988 to items reflected on the QBU's books. A CFC owner may elect to apply section 987 to a dollar QBU instead, and for items treated as effectively connected income the rules specify whether gain or loss is measured in the owner's functional currency or the U.S. dollar.
Election and Mark-to-Market Rules, With Limits
The rule specifies several elections (for a CFC to apply section 987 to a dollar QBU; to use a foreign-currency mark-to-market method; to translate all items at a yearly average rate; and an annual deemed termination election) and sets conditions. Special limits include that a QBU-by-QBU deemed-termination election is allowed when the QBU's recognized section 987 loss under the election would be $1,000,000 or less, and fresh start or other taxpayers may only make certain elections if the controlled group aggregate section 987 loss does not exceed $5,000,000.
Temporary Applicability and Expiration Dates
This reinstated temporary rule section applies to certain taxable years beginning on or after December 7, 2016, with other provisions applying to taxable years beginning one year after the first day of the first taxable year following December 7, 2016, and the section's applicability expires on December 6, 2019. The CFR correction reinstates Sec. 1.987-1T as revised in the April 1, 2026 edition of Title 26.
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Key Dates
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