On May 20, 2026, the IRS issued final regulations under Treasury Decision 10048 that permanently resolve a compliance problem that has persisted since 2020. The regulations eliminate an accelerated reporting deadline that required partnerships to furnish detailed gain and loss information to selling partners by January 31 of the year following a sale of a partnership interest, a deadline that many saw as impossible to meet in practice. Under the new rules, that information must instead be provided on or with the selling partner’s Schedule K-1 for the year of the exchange, aligning the deadline with the partnership’s normal year-end tax compliance cycle.
The reporting framework at issue is governed by IRC Section 6050K, which requires a partnership to file Form 8308, Report of a Sale or Exchange of Certain Partnership Interests, with its annual Form 1065 whenever a sale involving Section 751 assets occurs. Section 751 of the Code requires that any portion of the proceeds from the sale of a partnership interest that is attributable to the partnership’s unrealized receivables and inventory items be treated as ordinary income rather than capital gain. This bifurcated treatment ensures that assets which would produce ordinary income if sold directly by the partnership do not escape that character simply because they are transferred indirectly through a sale of the partnership interest itself. To implement these rules, Section 6050K(b) requires the partnership to furnish a statement to both the transferor and transferee containing the information reported on Form 8308.
The compliance difficulty arose from a 2020 revision to Form 8308 that added a new Part IV, which required the partnership to calculate and report the transferor partner’s specific share of gain or loss from a hypothetical deemed sale of the partnership’s Section 751 property. Final regulations issued that year, under Treasury Decision 9926, required partnerships to furnish this complex Part IV information to the selling partner by the existing January 31 deadline. Partnerships and their advisors responded with sustained objections, explaining that the calculations required for Part IV simply cannot be completed accurately until the partnership’s books have been closed for the year and all year-end accounting, allocation, and valuation work has been finalized. Acknowledging these concerns, the IRS provided temporary penalty relief for exchanges occurring in 2023 and 2024 through Notice 2024-19 and Notice 2025-2, but those measures addressed the symptom rather than the underlying regulatory problem.
The final regulations address the problem at its source by removing the provision of the prior regulations, specifically Regulation Section 1.6050K-1(c)(2), that created the accelerated furnishing requirement for Part IV. By eliminating that paragraph, the regulations decouple the Part IV information from the January 31 date entirely. Partnerships are now required to provide the detailed Section 751 gain and loss information necessary for the selling partner to calculate the ordinary income portion of the sale at the same time, and under the same deadline, as the partner’s Schedule K-1 for the year of the exchange. The final regulations adopt the proposed regulations issued in August 2025 without substantive change, as no public comments were received and no public hearing was requested on the proposed rules.
Several important reporting obligations remain unchanged. Partnerships must still furnish a statement to both the transferor and transferee partners containing the information in Parts I, II, and III of Form 8308, which includes the names, addresses, taxpayer identification numbers, and the date of the exchange. That statement is due by the later of January 31 of the year following the exchange or thirty days after the partnership receives notice of the exchange. The partnership’s obligation to file a complete Form 8308, including the Part IV calculations, with its annual Form 1065 return also remains fully in effect. The relief provided by the final regulations is precisely targeted at the deadline for furnishing the Part IV data to the selling partner and does not affect the filing obligation.
The new rules apply to returns filed for tax years ending on or after May 20, 2026. However, the regulations also provide that partnerships may elect to rely on the new rules for any exchanges that occurred on or after January 1, 2025, but before the official publication date of the final regulations. For more information about this update, contact Liskow attorneys Leon Rittenberg III, Caroline Lafourcade, and Kevin Naccari, and visit Liskow’s Tax Practice page.