Treasury and IRS Finalize Rules on Corporate Stock Repurchase Excise Tax


The Department of the Treasury and the Internal Revenue Service (IRS) have issued final regulations that provide guidance for taxpayers and tax professionals on reporting and paying the 1 percent excise tax on corporate stock repurchases. This new regulation looks to streamline the process for corporations and ensure compliance with the tax obligations imposed by recent legislation.

The Inflation Reduction Act introduced this excise tax, which is equal to 1 percent of the aggregate fair market value of stock repurchased by certain corporations during the taxable year. The tax is subject to adjustments and applies to stock repurchases made after December 31, 2022. This move is part of broader efforts to address economic concerns and ensure that corporations contribute fairly to the tax system.

According to the final regulations, the stock repurchase excise tax must be reported on Form 720, Quarterly Federal Excise Tax Return. This form is due for the first full calendar quarter after the end of the corporation’s taxable year, and it must include Form 7208, Excise Tax on Repurchase of Corporate Stock. Form 7208 is specifically used to calculate the amount of excise tax owed on the repurchased stock.

For taxable years ending after December 31, 2022, and on or before June 30, 2024, Forms 720 and 7208 must be filed by the third quarter due date for Form 720, which is October 31, 2024. If a corporation has more than one taxable year ending within this period, it should file a single Form 720 with two separate Forms 7208 attached—one for each taxable year—by the October 31, 2024, deadline.

The regulations primarily affect publicly traded domestic corporations that repurchase their stock or whose stock is acquired by certain affiliates after December 31, 2022. They also impact certain publicly traded foreign corporations that engage in similar stock repurchase activities.

These new requirements ensure that corporations are properly documenting and paying the excise tax on stock repurchases. The Treasury and IRS’s guidance is intended to facilitate compliance and provide clear instructions for corporations to follow. The use of Form 720 and Form 7208 standardizes the reporting process, making it easier for corporations to meet their tax obligations.

The issuance of these final regulations is a significant step in implementing the excise tax on stock repurchases. It underscores the government’s commitment to enforcing tax laws and ensuring that corporations are held accountable for their financial activities. By clearly outlining the reporting and payment procedures, the Treasury and IRS aim to reduce confusion and improve compliance among affected corporations.

This development is crucial for tax professionals and corporate financial officers who must now integrate these requirements into their tax planning and reporting processes. The clear guidance provided by the Treasury and IRS will help these professionals navigate the complexities of the new excise tax and ensure that their corporations remain in compliance with federal tax laws.

For more information and to access the necessary forms, corporations and tax professionals can visit the IRS website or consult with their tax advisors. This proactive approach will help ensure timely and accurate reporting and payment of the excise tax on stock repurchases.

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Michael Guta Michael Guta is the Assistant Editor at Small Business Trends and has been with the team for 9 years. He currently manages its East African editorial team. Michael brings with him many years of content experience in the digital ecosystem covering a wide range of industries. He holds a B.S. in Information Communication Technology, with an emphasis in Technology Management.