IRS Issues Guidance on Loan Modifications

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Home > Structured Finance and Securitization > New Guidance on Loan Modifications: IRS Finalizes Rules on Issuer’s Credit Quality and Provides a Safe Harbor for REITs. New Guidance on Loan Modifications: IRS Finalizes Rules on Issuer’s Credit Quality and Provides a Safe Harbor for REITs By Anna-Liza Harris on January 7, 2011 Posted in Structured Finance and Securitization

nor does this revenue procedure provide guidance related to the extension and modification to increase the AMT credit limitation in lieu of the additional first-year depreciation deduction under.

It answers some questions but leaves many issues unresolved. On December 29, the US Internal Revenue Service (IRS) issued Notice 2018-07-Guidance under. reason of the tax reform’s new § 965 deemed.

The recent IRS guidance clarifies that loan servicers can implement modifications, such as interest rate changes, principal forgiveness and maturity extensions, at anytime without tax consequences if "based on all the facts and circumstances, the holder or servicer reasonably believes that there is a significant risk of default" upon maturity.

2 See ASC 310-20-35-9 through 11 for guidance on when a loan modification (one that does not qualify as a TDR) should be considered the pay-off of one loan and the issuance of a new loan. These modifications, as well as loan renewals, can change vintage information and, as a result, the expectations of past due levels by vintage. ABA

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If the spouse will not retroactively consent to the loan, then the correction must be effected through negotiation with the IRS in a VCP filing (or in the context of an IRS audit). A final change deals with operational defects that occur as a result of permitting a participant to obtain a number of plan loans that exceeds the number permitted by the plan’s terms.

The guidance from the IRS dovetails with January clarification from the Securities and Exchange Commission that suggested fast-tracking loan modifications would not jeopardize the so-called QSPE.

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Treasury will decide whether it is appropriate to publish guidance that permits certain modifications to commercial real estate loans. If guidance is appropriate, the IRS and Treasury intend to publish proposed amendments to the REMIC regulations permitting additional types of modifications to commercial real estate loans.

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