The Internal Revenue Service has issued a revenue procedure that said certain losses do not need to be taken into account in determining whether a transaction is considered a “reportable transaction.”

One category of reportable transaction is a loss transaction. Generally, a loss transaction is any transaction resulting in the taxpayer claiming a loss under Section 165 of the Tax Code of (i)  at least $10 million in a single taxable year or $20 million in any combination of taxable years for corporations or partnerships with only corporations as partners (looking through any partners that are themselves partnerships), whether or not any losses flow through to one or more partners; (ii) at least $2 million in any single taxable year or $4 million in any combination of taxable years for all other partnerships, individuals, S corporations, and trusts, whether or not any losses flow through to one or more partners, shareholders, or beneficiaries; or (iii) at least $50,000 in any single taxable year for individuals or trusts, whether or not the loss flows through from an S corporation or partnership, if the loss is attributable to a Section 988 transaction.

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