Notice 2026-23

PricewaterhouseCoopers LLP (PwC) argues that the current "presumed gain inclusion" regulation for Opportunity Zone investors lacks statutory authority and creates unnecessary tax exposure and administrative burdens. They recommend revoking this specific provision and instead providing clear guidance or self-help procedures for investors to demonstrate compliance.

Pixie's Pantry, a business, requests that the IRS add a guidance project to the 2026-2027 Priority Guidance Plan regarding medical cannabis administration technology. They argue that clear guidance is needed to help patients and plan administrators determine when non-combustion administration devices qualify as medical equipment under IRC §213(d).

The Edison Electric Institute, Nuclear Energy Institute, and Geothermal Rising Action are requesting that the Department of the Treasury update its guidance on the Section 48E Investment Tax Credit. They argue that removing the "80/20 Rule" will allow ongoing capital expenditures for geothermal, nuclear, and hydropower projects to qualify for the credit, thereby supporting the development of reliable baseload energy.

OpenAI is requesting that the IRS and Treasury modernize Treas. Reg. Section 1.41-2(b)(4) to eliminate or clarify the "primary user" requirement for computer-use costs in qualified research. They argue the current regulation is outdated for modern AI research, which relies on third-party compute infrastructure, and that the current rule creates unnecessary uncertainty for taxpayers.

The National Retail Federation (NRF) is requesting that the IRS include guidance on charitable contributions of inventory under Section 170(e)(3) in the 2026-2027 Priority Guidance Plan. They argue that clarifying the ability to recover basis as cost of goods sold would reduce recordkeeping burdens and remove disincentives for retailers making charitable donations.

Sullivan & Cromwell LLP, representing its clients, argues that the Inbound Transaction Regulations are outdated and create unnecessary tax burdens for multinational corporations domesticating in the United States. They recommend the complete removal of these regulations from the 2026-2027 Priority Guidance Plan to promote sound tax administration and encourage capital inflows.

The National Waste & Recycling Association (NWRA) is requesting that the Treasury and IRS include a project on the 2026-2027 Priority Guidance Plan to modernize the federal excise tax treatment of fuel used for auxiliary equipment (like PTO systems) in commercial vehicles. They argue that current regulations are inconsistent with the statutory purpose of highway fuel taxes and suggest adopting administrable pathways, such as safe-harbor percentages, similar to existing state models.

The Washington Refuse & Recycling Association (WRRA) is requesting that the IRS and Treasury include a project on the 2026–2027 Priority Guidance Plan to modernize federal excise tax rules for fuel used in power take-off (PTO) systems on commercial vehicles. They argue that current rules are outdated and that updated guidance would reduce compliance burdens and better reflect modern fleet technology.

The U.S. Chamber of Commerce submitted a list of recommendations for the 2026–2027 Priority Guidance Plan, requesting specific guidance on various tax provisions including depreciation, R&E expenditures, and international tax rules. They also advocate for the removal or withdrawal of several existing and proposed regulations they deem burdensome or administratively complex.

Advanced Energy United, a national industry association representing the advanced energy sector, requests that the Treasury and IRS prioritize guidance on prohibited foreign entity (PFE) restrictions for sections 45Y and 48E. They argue that current uncertainty regarding PFE status is chilling investment and urge the agency to provide clear testing frameworks, transition relief, and clarifications on minority ownership to reduce financing friction.