IRS releases final 199A regulations for co-ops and their patrons


Authored by RSM US LLP

The IRS has released final regulations regarding the application of the section 199A deduction to cooperatives and their patrons, as well as the application of the domestic production activities deduction to certain specified agricultural and horticultural cooperatives.

The final regulations generally adopt the proposed regulations, with certain modifications – including simplified reporting requirements, modifications to certain definitions, and simplified and clarified calculations and examples.  Additionally, the final regulations remove the final and temporary regulations under former section 199 (governing the former domestic production activities deduction, or DPAD).  

These final regulations will generally affect cooperatives and their patrons that are individuals, s corporations, trusts and estates.  

The guidance will apply to tax years beginning after the date the final regulations are published in the Federal Register. However, taxpayers may rely on the final regulations before that date if they do so in their entirety.  Alternatively, taxpayers may rely on the proposed regulations for taxable years beginning on or before the date, the final regulations are published in the Federal Register, provided they apply the proposed regulations in their entirety and in a consistent manner.