Venture Funding, Ltd. - Page 16

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               thereunder, with respect to that amount of                             
               compensation.  * * *                                                   
                    (3) Exceptions.  Where property is substantially                  
               vested upon transfer, the deduction shall be allowed to                
               such person in accordance with his method of accounting                
               (in conformity with sections 446 and 461). * * *                       
          As stated by the Commissioner in the preamble to these                      
          regulations:                                                                
                    Under section 83(h) of the Code, in the case of a                 
               transfer of property to which section 83(a) applies,                   
               the person for whom services were provided may deduct                  
               an amount equal to the amount included in the service                  
               provider's gross income.  In light of the difficulty                   
               that a service recipient may have in demonstrating                     
               that an amount has actually been included in the                       
               service provider's gross income, the general rule in                   
               former �1.83-6(a)(1) permitted the deduction for the                   
               amount "includible" in the service provider's gross                    
               income.  Thus, the deduction was allowed to the service                
               recipient even if the service provider did not properly                
               report the includible amount.  Where the service                       
               provider was an employee of the service recipient,                     
               however, the special rule in �1.83-6(a)(2) provided                    
               that a deduction could be claimed only if the service                  
               recipient (employer) deducted and withheld income tax                  
               in accordance with section 3402.  The special rule was                 
               designed to ensure that the service recipient's                        
               deduction was in fact offset by a corresponding                        
               inclusion in the service provider's gross income.                      
               The special rule was limited to employer-employee                      
               situations because in other situations there was no                    
               underlying withholding requirement upon which the                      
               deduction could be conditioned.                                        
                    Taxpayers expressed concern that it was often                     
               difficult to satisfy the prerequisite that employers                   
               must deduct and withhold income tax from payments in                   
               kind as a condition for claiming a deduction.  These                   
               regulations address this concern by eliminating this                   
               prerequisite, while still ensuring consistent treatment                
               between service recipients and service providers as                    
               required by the statute.  In addition, because the                     
               deduction no longer is conditioned on withholding,                     
               there no longer is a need to have different rules for                  
               those who receive services from employees and those who                
               receive services from others.                                          



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Last modified: May 25, 2011