§ 1.707-9 - Effective dates and transitional rules.

§ 1.707-9 Effective dates and transitional rules.

(a) Sections 1.707-3 through 1.707-6 -

(1) In general. Except as otherwise provided in this paragraph (a), §§ 1.707-3 through 1.707-6 apply to any transaction with respect to which all transfers occur on or after October 5, 2016. For any transaction with respect to which all transfers that are part of a sale of an item of property occur after April 24, 1991, and any of such transfers occurs before October 5, 2016, §§ 1.707-3 through 1.707-6 as contained in 26 CFR part 1 revised as of April 1, 2016, apply.

(2) Transfers occurring on or before April 24, 1991. Except as otherwise provided in paragraph (a)(3) of this section, in the case of any transaction with respect to which one or more of the transfers occurs on or before April 24, 1991, the determination of whether the transaction is a disguised sale of property (including a partnership interest) under section 707(a)(2) is to be made on the basis of the statute and the guidance provided regarding that provision in the legislative history of section 73 of the Tax Reform Act of 1984 (Pub. L. 98-369, 98 Stat. 494). See H.R. Rep. No. 861, 98th Cong., 2d Sess. 859-62 (1984); S. Prt. No. 169 (Vol. I), 98th Cong., 2d Sess. 223-32 (1984); H.R. Rep. No. 432 (Pt. 2), 98th Cong., 2d Sess. 1216-21 (1984).

(3) Effective date of section 73 of the Tax Reform Act of 1984. Sections 1.707-3 through 1.707-6 do not apply to any transfer of money or other consideration to which section 73(a) of the Tax Reform Act of 1984 (Pub. L. 98-369, 98 Stat. 494) does not apply pursuant to section 73(b) of that Act.

(4) Section Applicability date of § 1.707-5(a)(2) and (f) Examples (2), (3), (7), and (8).

(i) Section 1.707-5(a)(2) and (f)

Examples

(2), (3), (7), and (8

, as contained in 26 CFR part 1 revised as of April 1, 2016, apply

) apply to any transaction with respect to which all transfers occur on or after October 4, 2019. However, a partnership and its partners may apply § 1.707-5(a)(2) and (f)(2), (3), (7), and (8) to any transaction with respect to which

any

all transfers occur

before

on or after January 3, 2017.

(ii) For any transaction with respect to which

all

any transfers occur

on or after

before January 3, 2017,

see

§ 1.707-

9T

5(a)(

5).

(5) [Reserved]. For further guidance,

2) and (f), as contained in 26 CFR part 1 revised as of April 1, 2016, apply.

(iii) For any transaction with respect to which all transfers occur on or after January 3, 2017, and any of such transfers occurs before October 4, 2019, see § 1.707-9T(a)(5) as contained in 26 CFR part 1 revised as of April 1, 2019.

(b) Section 1.707-8 disclosure of certain information. The disclosure provisions described in § 1.707-8 apply to transactions with respect to which all transfers that are part of a sale of property occur after September 30, 1992.

[T.D. 8439, 57 FR 44989, Sept. 30, 1992, as amended by T.D. 9788, 81 FR 69288, Oct. 5, 2016; T.D. 9787, 81 FR 69300, Oct. 5, 2016; 83 FR 50259, Oct. 5, 2018; T.D. 9876, 84 FR 54029, Oct. 9, 2019]