Rev. Proc. 2026-20, October 6, 2026

On October 6, 2026, the Internal Revenue Service (IRS) and the Department of the Treasury issued Revenue Procedure 2026-20, which describes an administrative safe harbor for State law trusts holding digital assets. Under this guidance, an arrangement formed as a trust under applicable State law that otherwise qualifies as an investment trust under Treas. Reg. § 301.7701-4(c) and as a grantor trust under I.R.C. §§ 671 and 677 may stake its digital assets without jeopardizing its classification as a trust for Federal income tax purposes.

Revenue Procedure 2026-20 expressly “clarifies, modifies, and supersedes Rev. Proc. 2025-31, 2025-48 I.R.B. 743, to address requests received by the Department of the Treasury (Treasury Department) and the Internal Revenue Service (IRS) for additional guidance on certain aspects of Rev. Proc. 2025-31.” Following the release of the 2025 safe harbor, taxpayers and practitioners sought crucial technical clarifications regarding:

• The specific proof-of-stake protocols covered under the safe harbor;

• The requirement that the Securities and Exchange Commission (SEC) approve trust disclosures;

• The utilization of multiple custodians in the staking workflow;

• The required scope and extent of contractually mandated slashing protection;

• The operational unstaking and sale of digital assets in anticipation of trust distributions;

• The requirement for consistent tax treatment of staking rewards;

• Whether liquidity transactions treated by the trust as borrowing digital assets qualify as contingent liquidity arrangements; and

• The exact scope of the safe harbor and the operational application of the transition grace period for existing trusts that had previously authorized staking activities.

In response, Rev. Proc. 2026-20 provides an updated, definitive regulatory roadmap while extending a limited six-month grace period from October 6, 2026, for existing trusts to amend their governing instruments and operational procedures to align with the revised safe harbor requirements.

End Tax Penalties on American Hostages Act, H.R. 9496, 119th Cong. (2026)

On September 30, 2026, Congress completed final passage of H.R. 9496, titled the “End Tax Penalties on American Hostages Act,” sending the measure to the President for signature. Passed by the House of Representatives under suspension of the rules on September 15, 2026, and subsequently passed by the Senate without amendment by unanimous consent on September 30, 2026, H.R. 9496 enacts significant statutory relief for U.S. nationals wrongfully detained or held hostage abroad.

The primary structural mechanism of H.R. 9496 is the addition of Section 7511 to Chapter 77 of the Internal Revenue Code of 1986 (IRC). Under new IRC § 7511, federal tax filing and payment deadlines are retroactively postponed, and associated interest, penalties, and additions to tax are systematically abated or refunded for individuals verified as hostages or wrongful detainees. Furthermore, the legislation establishes an administrative refund program allowing released captives, their spouses, or their dependents to claim refunds of penalties and interest paid for taxable years dating back to January 1, 2021, supported by dedicated extensions of the IRC § 6511 period of limitations.

For Certified Public Accountants (CPAs), Enrolled Agents (EAs), and tax controversy professionals, IRC § 7511 introduces a standardized administrative paradigm that removes affected taxpayers from traditional IRS penalty collection procedures, aligns Treasury databases with interagency intelligence lists, and creates a specialized refund remedy for historic tax liabilities.

Trump Accounts, 91 Fed. Reg. 63200 (Sept. 30, 2026) (codified at 26 C.F.R. pt. 1) (TD 10056)

Trump Accounts, 91 Fed. Reg. 63215 (proposed Sept. 30, 2026) (to be codified at 26 C.F.R. pt. 1) (CC-00226466-26)

U.S. Dep’t of the Treasury, Press Release SB-0642: Treasury Announces the Completion of Automatic Enrollment Today for Trump Accounts (Oct. 1, 2026)

Executive Summary and Scope of Treasury Announcement

On October 1, 2026, the Department of the Treasury issued Press Release SB-0642, officially announcing the nationwide completion of automatic enrollment for Trump accounts under Internal Revenue Code (IRC) Section 530A. Enacted pursuant to Section 70204 of Public Law 119-21, 139 Stat. 72 (July 4, 2025), commonly known as the One, Big, Beautiful Bill Act (OBBBA), Section 530A establishes specialized, tax-advantaged traditional Individual Retirement Accounts (IRAs) maintained for eligible minors during a statutorily defined growth period ending on December 31 of the calendar year in which the beneficiary attains age 17.

The October 1 announcement marks a historic operational milestone in federal wealth-building policy. Through a single nationwide bulk election, Treasury successfully established auto accounts for more than 60 million American children who had not previously enrolled via manual opt-in elections, bringing total program coverage to approximately 73.3 million eligible minors across 44 million families. In announcing the completion of funding and account setup, Treasury Secretary Scott Bessent emphasized:

“Millions of children have already enrolled in Trump Accounts. With automatic enrollment, over 60 million more eligible children now have an account ready to be claimed... This is a transformative milestone in the Trump Administration’s effort to give every American child the opportunity to build generational wealth and jump-start their financial future.”

For tax practitioners, CPAs, and Estate Planning attorneys, the announcement shifts focus from initial account establishment to the technical administrative procedures governing how authorized parties claim these auto accounts, unlock the one-time $1,000 government seed contribution under IRC Section 6434, enable tax-free employer contributions under IRC Section 128, and navigate the dual regulatory framework created by Treasury Decision 10056 (26 CFR §§ 1.530A-1T, 1.530A-7T) and Notice of Proposed Rulemaking CC-00226466-26.

Federal Scholarship Tax Credit, Temporary Regulations, TD 10057, RIN 1545-BS17, 91 Fed. Reg. [page] (published Oct. 2, 2026) (codified at 26 C.F.R. pt. 1).

Federal Scholarship Tax Credit, Notice of Proposed Rulemaking and Notice of Public Hearing, REG-117199-25, RIN 1545-BR97, 91 Fed. Reg. [page] (prop. Oct. 2, 2026) (to be codified at 26 C.F.R. pt. 1).

On October 1, 2026, the Department of the Treasury and the Internal Revenue Service released a comprehensive regulatory package implementing the new nonrefundable Federal Scholarship Tax Credit under Internal Revenue Code (Code) Section 25F. This statutory credit was enacted by Section 70411 of Public Law 119-21, 139 Stat. 72 (July 4, 2025), commonly known as the One, Big, Beautiful Bill Act (OBBBA). Section 25F allows individual taxpayers a nonrefundable tax credit of up to $1,700 annually for qualified cash contributions made to certified scholarship granting organizations (SGOs) in taxable years ending after December 31, 2026. Concurrently, OBBBA Section 70411(b) enacted Section 139K, which excludes from gross income any scholarship amounts received by eligible students or their dependents from SGOs.

To establish the necessary administrative, operational, and procedural infrastructure prior to the January 1, 2027 effective date for taxpayer contributions, Treasury and the IRS simultaneously published Temporary Regulations under Treasury Decision 10057 (TD 10057, RIN 1545-BS17) and a Notice of Proposed Rulemaking under REG-117199-25 (RIN 1545-BR97). Published pursuant to the mandatory cross-referencing requirement of Code Section 7805(e)(1), the temporary and proposed regulations establish binding guidelines for individual contributors, SGOs, and participating States.

This technical article provides tax practitioners—CPAs, Enrolled Agents, and tax attorneys—with an exhaustive analysis of the regulatory framework. It examines the legal justifications articulated by Treasury, the structural additions and modifications to the Income Tax Regulations (26 CFR Part 1), the economic and administrative rationale underlying key choices, proposed effective dates, taxpayer reliance provisions, and a subsection-level analysis of each regulatory provision.

Title: National Taxpayer Advocate Enhancement Act of 2025
Bill Number: H.R. 997 (119th Congress)
Primary IRC Code Section Affected: 26 U.S.C. § 7803(c)(2)(D)(i)

Executive Summary & Legislative Status

On September 28, 2026, the United States Senate passed H.R. 997, the National Taxpayer Advocate Enhancement Act of 2025, by Unanimous Consent without amendment. This followed unanimous passage in the House of Representatives on March 31, 2025 by a roll call vote of 385–0 (Roll No. 85), following favorable reporting by the House Committee on Ways and Means (H. Rept. 119-46). The legislation has been cleared for enrolled print and sent to the President for signature.

Sponsored by Rep. Randy Feenstra (R-IA-4), H.R. 997 enacts targeted statutory amendments to Internal Revenue Code (IRC) § 7803. The primary purpose of the Act is to establish independent statutory authority for the National Taxpayer Advocate (NTA) to appoint dedicated legal counsel within the Taxpayer Advocate Service (TAS) who report directly to the NTA, thereby removing TAS legal personnel from the supervisory chain of the Treasury Legal Division and IRS Chief Counsel.

IRS Notice 2026-63, 2026-42 I.R.B. ___ (Sept. 30, 2026)

On September 30, 2026, the Internal Revenue Service released Notice 2026-63, granting comprehensive administrative tax relief under Internal Revenue Code (I.R.C.) § 7508A to individuals and entities impacted by the ongoing terroristic action in the State of Israel throughout calendar years 2025 and 2026. This administrative guidance extends statutory deadlines for time-sensitive tax compliance obligations that were due to be performed on or after September 30, 2026, and before September 30, 2027, postponing the required performance date to September 30, 2027.

The notice addresses an evolving humanitarian and security crisis, serving as the latest installment in a sequence of relief measures. The IRS previously issued Notice 2023-71, Notice 2024-72, and Notice 2025-53 to assist taxpayers affected by terroristic actions in the region. Notice 2026-63 formally bridges these prior grants of relief, establishing that for eligible taxpayers, acts previously postponed through September 30, 2026, under Notice 2025-53 are further postponed through September 30, 2027.

Fine v. Commissioner, 167 T.C. No. 13 (2026)

When representing taxpayers in protracted IRS examinations, tax practitioners frequently confront statute of limitations extensions under Internal Revenue Code (I.R.C.) § 6501(c)(4). A common procedural question arises when settlement negotiations fail: Can a taxpayer who previously executed a fixed-date extension on IRS Form 872 (Consent to Extend the Time to Assess Tax) unilaterally terminate that extension prior to its stated expiration date by sending IRS Form 872-T (Notice of Termination of Special Consent to Extend the Time to Assess Tax)?

In Fine v. Commissioner, 167 T.C. No. 13 (2026), the United States Tax Court answered this question with an emphatic “no.” Addressing an open issue in the U.S. Court of Appeals for the Eleventh Circuit, Judge Ashford held that Form 872-T applies exclusively to open-ended waivers executed on Form 872-A (Special Consent to Extend the Time to Assess Tax) and has no legal effect on a properly executed, fixed-date Form 872. Consequently, a Form 872 remains binding until its negotiated expiration date unless the IRS issues a Notice of Deficiency or the parties execute a subsequent written agreement.

For Certified Public Accountants (CPAs) and Enrolled Agents (EAs), Fine v. Commissioner serves as a critical procedural precedent. It underscores the binding nature of fixed-term waivers, highlights the strict contractual interpretative rules applied to IRS consent forms, and reinforces that strategic unhappiness with Appeals settlement progress does not permit taxpayers to alter agreed-upon extension terms.

Sevillo Fine Foods LLC v. United States, Case No. 2:25-cv-00273-DBP, 2026 U.S. Dist. LEXIS _____ (D. Utah Sept. 28, 2026)

As tax practitioners evaluating Employee Retention Credit (ERC) refund claims, CPAs and Enrolled Agents (EAs) face heightened scrutiny from both the Internal Revenue Service and federal courts regarding claims grounded in the “Suspension Test.” A significant subset of ERC claims filed during the pandemic relied on indirect supply chain disruptions, arguing that upstream bottlenecks—such as maritime port congestion—constituted a partial suspension of business operations.

In Sevillo Fine Foods LLC v. United States, Case No. 2:25-cv-00273-DBP (D. Utah Sept. 28, 2026), Magistrate Judge Dustin B. Pead granted the government’s partial motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure, dealing a decisive blow to supply chain ERC claims predicated on generalized port delays and indirect workplace safety regulations. The District Court articulated three independent, legal grounds for dismissal:

1. Identification of a qualifying governmental order: Advisory documents and workplace safety mandates that regulate conditions of operation rather than capping throughput do not constitute orders “limiting commerce.”

2. Standard of causation: The statutory phrase “due to” in Section 2301(c)(2)(A)(ii)(I) of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) requires both factual (but-for) and proximate cause, barring claims linked through an attenuated supply chain.

3. Definition of partial suspension: Supply delays, increased costs, and capacity reductions do not equate to an operational suspension, particularly where a taxpayer maintains its workforce and revenues.

Trump Accounts, 91 Fed. Reg. 63200 (Sept. 30, 2026) (TD 10056); Trump Accounts, 91 Fed. Reg. 63215 (proposed Sept. 30, 2026) (CC-00226466-26)

The Department of the Treasury and the Internal Revenue Service have jointly issued temporary regulations (Treasury Decision 10056, RIN 1545-BS27) and a concurrent notice of proposed rulemaking (CC-00226466-26, RIN 1545-BR91) implementing Internal Revenue Code (IRC) Section 530A. Enacted under Section 70204 of Public Law 119-21, 139 Stat. 72 (July 4, 2025), commonly referred to as the One, Big, Beautiful Bill Act (OBBBA), Section 530A establishes “Trump accounts”—specialized traditional Individual Retirement Accounts (IRAs) maintained for eligible minors during a statutorily defined “growth period” ending on December 31 of the calendar year in which the beneficiary attains age 17.

Treasury and the IRS issued these dual regulations to establish an immediate, uniform, and legally sound administrative structure for account enrollment, master group trust investment, auto-account administration, and broad-based private and governmental funding through qualified general and stock contributions. The immediate release of temporary regulations under 26 CFR §§ 1.530A-1T and 1.530A-7T addresses an urgent statutory mandate: while contributions to Trump accounts were statutorily prohibited prior to July 4, 2026, accounts may now accept funds, and Treasury auto-enrollment elections are slated to commence on or about October 1, 2026. Without immediately effective rules, trustees, financial agents, and donors lacked an operative regulatory framework to execute account creation, protect taxpayer return information, and administer large-scale contributions.

Amodio v. Commissioner, T.C. Memo. 2026-96, Docket No. 9959-22L (Sept. 28, 2026)

For tax controversy practitioners, Certified Public Accountants, and Enrolled Agents, navigating the personal liability provisions of Internal Revenue Code (I.R.C.) § 6672 requires a precise understanding of the statutory standards for “willfulness” and the joint-and-several mechanisms governing the Trust Fund Recovery Penalty (TFRP). In Amodio v. Commissioner, T.C. Memo. 2026-96 (Sept. 28, 2026), Special Trial Judge Carluzzo delivered an instructive opinion examining two pivotal tax controversy issues: (1) whether a corporate officer acts “willfully” under I.R.C. § 6672(a) when, upon discovering pre-existing tax delinquencies, he uses unencumbered corporate funds to pay net wages and union benefits to maintain business operations, and (2) whether an Offer-in-Compromise (OIC) accepted by the IRS to compromise the underlying corporate employment tax debt operates to cap the individual officer’s derivative TFRP liability.

This article examines the factual matrix of Amodio, dissects the taxpayer’s statutory arguments, outlines the Tax Court’s legal analysis, and evaluates the judicial synthesis of joint-and-several tax principles against Internal Revenue Manual (IRM) administrative guidelines.

Rev. Rul. 2026-20, 2026-20 I.R.B. 1, September 28, 2026

Notice 2026-62, 2026-20 I.R.B. 1, September 28, 2026

In a coordinated regulatory release, the Department of the Treasury and the Internal Revenue Service issued Revenue Ruling 2026-20 alongside Notice 2026-62 to address what tax administrators describe as “novel investment fund strategies that purport to produce tax results that may be inconsistent with the purpose and proper application of the relevant federal tax rules.” Targeted at certified public accountants, enrolled agents, and corporate tax counsel, these administrative pronouncements draw a decisive boundary between conventional, long-established exchange-traded fund (ETF) operations and tax-motivated, structured transactions designed to circumvent gain recognition under Subchapter M and Subchapter C of the Internal Revenue Code (Code).

At the center of this enforcement initiative is Section 852(b)(6), a specialized nonrecognition provision applicable to regulated investment companies (RICs). While Section 852(b)(6) historically shields a RIC from recognizing gain under Section 311(b) when distributing appreciated portfolio property in redemption of its stock upon a shareholder’s demand, tax advisors have increasingly paired this provision with Section 351 corporate formation rules and partnership exchange fund mechanisms under Section 721. Through Revenue Ruling 2026-20, the IRS invokes longstanding step-transaction and substance-over-form doctrines to recharacterize so-called “Section 351 conversion transactions” as direct, taxable asset exchanges under Section 1001. Concurrently, Notice 2026-62 serves as a broad warning shot across several other atypical usages of Section 852(b)(6) and multi-position derivative strategies, signaling prospective or retroactive regulatory action, potential transaction-of-interest designations, and direct examination challenges.

Notice of Proposed Rulemaking, Election to Pay in Installments Tax on Gain from Certain Farmland Property, REG-117095-25, 91 Fed. Reg. 63812 (proposed Sept. 29, 2026)

The Department of the Treasury and the Internal Revenue Service have issued proposed regulations (REG-117095-25) implementing Internal Revenue Code (IRC) Section 1062. This statutory provision was enacted by Section 70437 of Public Law 119-21, 139 Stat. 72, 248–250 (July 4, 2025), commonly referred to as the One, Big, Beautiful Bill Act (OBBBA). The primary legislative purpose underlying Section 1062 is to facilitate the transition of agricultural real property to active, younger generations of farmers by easing the immediate capital gains tax burden associated with outright sales of farmland.

Under Section 1062(a), eligible taxpayers who recognize gain from the sale or exchange of “qualified farmland property” to a “qualified farmer” may elect to pay their “applicable net tax liability” in four equal annual installments rather than recognizing the full tax obligation in the year of disposition. The Treasury Department promulgated these proposed regulations pursuant to its general rulemaking authority under Section 7805(a), as well as specific statutory mandates under Section 1062(c)(2) (governing pass-through entity elections) and Section 1502 (governing consolidated corporate groups).

Juliet R. Singh v. United States, No. 1:25-cv-00056 (E.D.N.Y. Sept. 24, 2026)

Tax practitioners frequently encounter situationally complex client cases where taxpayers, acting without immediate legal or tax counsel, submit informal written requests to the Internal Revenue Service (IRS) explaining economic hardships or casualty events. When formal amended returns (Form 1040-X) are subsequently submitted past the standard statutory period under Internal Revenue Code (IRC) § 6511(a), the IRS routinely asserts a lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1), claiming sovereign immunity.

In Juliet R. Singh v. United States, No. 1:25-cv-00056 (E.D.N.Y. Sept. 24, 2026), United States District Judge Ann M. Donnelly issued a pivotal ruling denying the government’s motion to dismiss for lack of subject matter jurisdiction. The decision provides critical guidance for Certified Public Accountants (CPAs) and Enrolled Agents (EAs) on two distinct legal theories preserving refund jurisdiction: the Informal Claim Doctrine and statutory postponements under IRC § 7508A(d) resulting from federally declared disasters.

Jagannath v. Commissioner, T.C. Memo. 2026-92 (Sept. 24, 2026)

In Jagannath v. Commissioner, T.C. Memo. 2026-92 (Filed September 24, 2026), the United States Tax Court addressed the application of section 4958 intermediate sanctions excise taxes to an uncorrected transaction between a Section 501(c)(3) public charity and its founder/president. The decision serves as a stark reminder for tax practitioners regarding the strict statutory mechanics of IRC § 4958, the evidentiary burden on taxpayers under Subtitle D, and the mandatory reporting rules on Form 4720.

The petitioner, Sitaraman Jagannath, holds bachelor’s and master’s degrees in chemical engineering and worked as a chemical engineer and real estate manager. On September 9, 2015, Mr. Jagannath formed Senecura, a Tennessee non-profit corporation designed to assist indigent individuals with basic living necessities. On September 29, 2015, the Internal Revenue Service (IRS) issued Letter 5436 approving Senecura’s exemption from corporate income tax under IRC § 501(c)(3) and granting public charity status under IRC § 170(b)(1)(A)(vi), retroactive to September 9, 2015.

Lindsey v. Commissioner, T.C. Memo. 2026-94 (Sept. 24, 2026)

In federal tax controversy practice, few procedural hurdles carry as much consequence as the mailing of a Statutory Notice of Deficiency (SNOD) under Internal Revenue Code (I.R.C.) § 6212 and the strict 90-day jurisdictional petition window mandated by I.R.C. § 6213(a). For tax practitioners representing clients before the Internal Revenue Service (IRS) and the United States Tax Court, understanding how the IRS establishes proper mailing—especially when administrative recordkeeping breaks down—is vital.

In Lindsey v. Commissioner, T.C. Memo. 2026-94 (Sept. 24, 2026), the Tax Court evaluated a case where the IRS conceded it could not rely on the statutory presumption of mailing due to an incomplete U.S. Postal Service (USPS) Form 3877. Nevertheless, the court held that the Commissioner carried his burden of proving proper mailing through cumulative, circumstantial evidence. Consequently, because the taxpayer filed her petition well beyond the 90-day statutory period, the Tax Court dismissed the case for lack of jurisdiction under controlling Seventh Circuit precedent. This article provides a technical analysis of the factual background, evidentiary rulings under the Federal Rules of Evidence, procedural tax law, application to facts, and the broader legal implications of the decision.

Notice 2026-60, 2026-41 I.R.B. 1, Sept. 23, 2026

On an annual basis, the Internal Revenue Service releases administrative guidance updating the special per diem rates and list of high-cost localities utilized by taxpayers to substantiate ordinary and necessary business travel expenses. Notice 2026-60 serves as the official IRS release for the 2026–2027 fiscal year cycle, covering travel performed on or after October 1, 2026, through September 30, 2027. Specifically, Notice 2026-60 provides:

“the 2026-2027 special per diem rates for taxpayers to use in substantiating the amount of ordinary and necessary business expenses incurred while traveling away from home, specifically (1) the special transportation industry meal and incidental expenses (M&IE) rates, (2) the rate for the incidental expenses only deduction, and (3) the rates and list of high-cost localities for purposes of the high-low substantiation method.”

The administrative issuance of Notice 2026-60 is essential for employers operating accountable plans, transportation sector businesses, and qualifying tax-deductible travelers who seek to streamline compliance and avoid the administrative burden of maintaining detailed receipts for every lodging and meal expenditure.

Treasury Decision 10055, RIN 1545-BS10, Sept. 25, 2026

The Department of the Treasury and the Internal Revenue Service (IRS) have issued Final Regulations (Treasury Decision 10055, RIN 1545-BS10) amending 26 CFR Part 300 to increase the user fee charged to authorized persons requesting IRS Letter 627, commonly referred to as an estate tax closing letter. This regulatory action adopts without change the proposed regulations (REG-103193-26) published on June 2, 2026 (91 FR 32909). The final rule establishes a revised user fee of $76 per request, representing an increase from the $56 fee established in 2025.

An estate tax closing letter provides verification from the IRS that the estate tax return (Form 706, United States Estate and Generation-Skipping Transfer Tax Return) has been accepted, confirming either the net estate tax liability, discharge from personal liability under Internal Revenue Code (IRC) § 2204, or the final settlement of audit determinations. For estate planning professionals, tax practitioners, CPAs, and corporate fiduciaries, obtaining Letter 627 is a critical administrative step in closing probate estates, distributing assets to beneficiaries, and securing final discharge of local liability.

Williams v. Commissioner, T.C. Memo. 2026-91, (Sept. 23, 2026)

This analysis examines Williams v. Commissioner, T.C. Memo. 2026-91, a United States Tax Court decision evaluating the disallowance of significant personal casualty loss deductions, noncash charitable contributions, state and local tax (SALT) deductions, and active-duty military commuting expenses claimed as reservist travel deductions following a catastrophic natural disaster. The decision serves as a critical precedent for certified public accountants (CPAs) and enrolled agents (EAs) regarding the non-negotiable statutory substantiation standards under Internal Revenue Code (IRC) Sections 165, 170, 164, 162, and 274, as well as the procedural mechanics of Section 6662(a) accuracy-related penalties and Section 6751(b) supervisory approval requirements.

IRS Notice 2026-55, 2026-41 I.R.B. 1 (Sept. 2026).

The Department of the Treasury and the Internal Revenue Service issued Notice 2026-55 in Part III of the Internal Revenue Bulletin to request formal public and professional commentary regarding complex administrative and legal issues under Section 1400Z-2 of the Internal Revenue Code (I.R.C.). This notice directly addresses statutory modifications enacted under Section 70421 of Public Law 119-21 (139 Stat. 72, July 4, 2025), popularly known as the One, Big, Beautiful Bill Act (OBBBA).

As tax practitioners specializing in real estate transactions and capital gain deferral strategies evaluate the evolving statutory landscape, Notice 2026-55 serves as a crucial administrative benchmark. It signals the IRS’s intent to refine regulations governing Qualified Opportunity Funds (QOFs) and Qualified Opportunity Zone Businesses (QOZBs). The Treasury Department and the IRS specifically request that tax professionals “identify provisions of the § 1400Z-2 regulations or other guidance that should be retained, modified, or supplemented, and to describe in technical detail the legal analysis supporting any such changes based on the statutory text of § 1400Z-2 and other applicable provisions of the Code.”

Perkins v. Director of the Virgin Islands Bureau of Internal Revenue, No. 3:25-cv-00002 (D.V.I. Sept. 18, 2026)

Territorial tax administration frequently presents complex jurisdictional and statutory coordination questions under the “mirror code” framework. In Perkins v. Director of the Virgin Islands Bureau of Internal Revenue, the District Court of the Virgin Islands directly addressed whether the Virgin Islands Bureau of Internal Revenue (VIBIR) possesses authority to assess the 3.8% Net Investment Income Tax (NIIT) under Internal Revenue Code (I.R.C.) § 1411 against a bona fide resident of the U.S. Virgin Islands (USVI).

Resolving a motion for partial judgment on the pleadings under Federal Rule of Civil Procedure 12(c), the court held that the VIBIR’s assessment was ultra vires and void as a matter of law. This decision re-anchors territorial tax enforcement to fundamental principles of federal territorial power, administrative law, and binding Treasury regulations. For CPAs and Enrolled Agents advising high-net-worth individuals and entity structures in USVI or other mirror-code territories (such as Guam and the Commonwealth of the Northern Mariana Islands), Perkins serves as a crucial authority on the non-applicability of Chapter 2A un-mirrored taxes and the absolute binding nature of Treasury Department legislative regulations on territorial tax authorities.