In January 2019, Treasury and the IRS released final regulations, T.D. XXXX, RIN 1545-BO71, which finalize the August 2018 proposed regulations with some modifications. Additionally, Rev. Proc. 2019-11 finalizes, with minor modifications, the proposed revenue procedure concerning the determination and reporting of W-2 wages contained within Notice 2018-64. The final regulations will generally be effective for tax years ending after the date the final regulations are published in the Federal Register. Anti-abuse rules included in the August 2018 proposed regulations are effective retroactively to the date of enactment of the 2017 tax act.
This roadmap highlights significant differences between the August 2018 proposed regulations and the final regulations, along with additional changes in the January 2019 proposed regulations.