[Code of Federal Regulations]
[Title 26, Volume 12]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR1.1502-90A]

[Page 586-587]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 1_INCOME TAXES--Table of Contents
 
Sec. 1.1502-90A  Table of contents.

    The following list contains the major headings in Sec. Sec. 1.1502-
91A through 1.1502-99A:

    Sec. 1.1502-91A Application of Section 382 With Respect to a 
Consolidated Group Generally Applicable for Testing Dates Before June 
25, 1999.

(a) Determination and effect of an ownership change.
(1) In general.
(2) Special rule for post-change year that includes the change date.
(3) Cross reference.
(b) Definitions and nomenclature.
(c) Loss group.
(1) Defined.
(2) Coordination with rule that ends separate tracking.
(3) Example.
(d) Loss subgroup.
(1) Net operating loss carryovers.
(2) Net unrealized built-in loss.
(3) Loss subgroup parent.
(4) Principal purpose of avoiding a limitation.
(5) Special rules.
(6) Examples.
(e) Pre-change consolidated attribute.
(1) Defined.
(2) Example.
(f) Pre-change subgroup attribute.
(1) Defined.
(2) Example.
(g) Net unrealized built-in gain and loss.
(1) In general.
(2) Members included.
(i) Consolidated group.
(ii) Loss subgroup.
(3) Acquisitions of built-in gain or loss assets.
(4) Indirect ownership.
(h) Recognized built-in gain or loss.
(1) In general. [Reserved]
(2) Disposition of stock or an intercompany obligation of a member.
(3) Deferred gain or loss.
(4) Exchanged basis property.
(i) [Reserved]
(j) Predecessor and successor corporations.

    Sec. 1.1502-92A Ownership change of a loss group or a loss subgroup 
generally applicable for testing dates before June 25, 1999.

(a) Scope.
(b) Determination of an ownership change.
(1) Parent change method.
(i) Loss group.
(ii) Loss subgroup.
(2) Examples.
(3) Special adjustments.
(i) Common parent succeeded by a new common parent.
(ii) Newly created loss subgroup parent.
(iii) Examples.
(4) End of separate tracking of certain losses.
(c) Supplemental rules for determining ownership change.
(1) Scope.
(2) Cause for applying supplemental rule.
(3) Operating rules.
(4) Supplemental ownership change rules.
(i) Additional testing dates for the common parent (or loss subgroup 
parent).
(ii) Treatment of subsidiary stock as stock of the common parent (or 
loss subgroup parent).
(iii) 5-percent shareholder of the common parent (or loss subgroup 
parent).
(5) Examples.
(d) Testing period following ownership change under this section.
(e) Information statements.
(1) Common parent of a loss group.

[[Page 587]]

(2) Abbreviated statement with respect to loss subgroups.

    Sec. 1.1502-93A Consolidated section 382 limitation (or subgroup 
section 382 limitation) generally applicable for testing dates before 
June 25, 1999.

(a) Determination of the consolidated section 382 limitation (or 
subgroup section 382 limitation).
(1) In general.
(2) Coordination with apportionment rule.
(b) Value of the loss group (or loss subgroup).
(1) Stock value immediately before ownership change.
(2) Adjustment to value.
(3) Examples.
(c) Recognized built-in gain of a loss group or loss subgroup.
(d) Continuity of business.
(1) In general.
(2) Example.
(e) Limitations of losses under other rules.

    Sec. 1.1502-94A Coordination with section 382 and the regulations 
thereunder when a corporation becomes a member of a consolidated group 
generally applicable for corporations becoming members of a group before 
June 25, 1999.

(a) Scope.
(1) In general.
(2) Successor corporation as new loss member.
(3) Coordination in the case of a loss subgroup.
(4) End of separate tracking of certain losses.
(5) Cross-reference.
(b) Application of section 382 to a new loss member.
(1) In general.
(2) Adjustment to value.
(3) Pre-change separate attribute defined.
(4) Examples.
(c) Built-in gains and losses.
(d) Information statements.

    Sec. 1.1502-95A Rules on ceasing to be a member of a consolidated 
group (or loss subgroup) generally applicable for corporations ceasing 
to be members before June 25, 1999.

(a) In general.
(1) Consolidated group.
(2) Election by common parent.
(3) Coordination with Sec. Sec. 1.1502-91T through 1.1502-93T.
(b) Separate application of section 382 when a member leaves a 
consolidated group.
(1) In general.
(2) Effect of a prior ownership change of the group.
(3) Application in the case of a loss subgroup.
(4) Examples.
(c) Apportionment of a consolidated section 382 limitation.
(1) In general.
(2) Amount of apportionment.
(3) Effect of apportionment on the consolidated section 382 limitation.
(4) Effect on corporations to which the consolidated section 382 
limitation is apportioned.
(5) Deemed apportionment when loss group terminates.
(6) Appropriate adjustments when former member leaves during the year.
(7) Examples.
(d) Rules pertaining to ceasing to be a member of a loss subgroup.
(1) In general.
(2) Examples.
(e) Filing the election to apportion.
(1) Form of the election to apportion.
(2) Signing of the election.
(3) Filing of the election.
(4) Revocation of election.

    Sec. 1.1502-96A Miscellaneous rules generally applicable for 
testing dates before June 25, 1999.

(a) End of separate tracking of losses.
(1) Application.
(2) Effect of end of separate tracking.
(3) Continuing effect of end of separate tracking.
(4) Special rule for testing period.
(5) Limits on effects of end of separate tracking.
(b) Ownership change of subsidiary.
(1) Ownership change of a subsidiary because of options or plan or 
arrangement.
(2) Effect of the ownership change.
(i) In general.
(ii) Pre-change losses.
(3) Coordination with Sec. Sec. 1.1502-91T, 1.1502-92T, and 1.1502-94T.
(4) Example.
(c) Continuing effect of an ownership change.

    Sec. 1.1502-97A Special rules under section 382 for members under 
the jurisdiction of a court in a title 11 or similar case. [Reserved]
    Sec. 1.1502-98A Coordination with section 383 generally applicable 
for testing dates (or members joining or leaving a group) before June 
25, 1999.
    Sec. 1.1502-99A Effective dates.

(a) Effective date.
(1) In general.
(2) Anti-duplication rules for recognized built-in gain.
(b) Testing period may include a period beginning before January 1, 
1997.
(c) Transition rules.
(1) Methods permitted.
(i) In general.
(ii) Adjustments to offset excess limitation.
(iii) Coordination with effective date.
(2) Permitted methods.
(d) Amended returns.
(e) Section 383.

[T.D. 8678, 61 FR 33336, June 27, 1996. Redesignated and amended by T.D. 
8824, 64 FR 36127, July 2, 1999]

[[Page 588]]