Tax Analysts -- Latest News -- IRS Issues Proposed Regs on Partnership Disguised Sales Page 1 of 2 taxanalyste The steno' Orb: Tax Notes Today: Latest News IRS Issues Proposed Regs on Partnership Disguised Sales Citations: REG-119305-11 Summary by tustalysis The IRS has issued proposed regulations (REG-119305-11) under section 707 on disguised sales of property to or by a partnership, and under section 752 on the treatment of partnership liabilities. The proposed regs address deficiencies and technical ambiguities in the current section 707 regs and issues regarding the determination of partners' shares of liabilities under section 752. Comments and hearing requests are due by April 30. The current regs provide several exceptions from disguised sale treatment. The proposed regs add an example to demonstrate the application of a special rule under the debt-financed distribution exception that treats a partnership's transfer of shares of liabilities to multiple partners as a single liability. The preamble to the proposed regs also provides that the treatment of a transfer should first be determined under the debt-financed distribution exception and that any amount not excluded under the exception should be tested to see if that amount would be excluded under a different exception in reg. section 1.707-4. The proposed regs amend the exception for preformation capital expenditures to provide how the exception applies for multiple property transfers, to clarify the scope of the term "capital expenditures" for purposes of reg. section 1.707-4 and 1.707-5, and to provide a rule coordinating the exception for preformation capital expenditures and the rules regarding liabilities traceable to capital expenditures. The current regs provide for four types of qualified liabilities that are excluded from disguised sale treatment. Two types of qualified liabilities are those incurred more than two years before a transfer and those incurred within two years