November 01, 2018




November 1, 2018

Office of Associate Chief Counsel (Tax Exempt and Government Entities)
Attention: Ilya Enkishev
Internal Revenue Service (I.R.S.)
1111 Constitution Avenue, NW
Washington, DC 20224

(Notice 2018-68)
Room 5203
Internal Revenue Service
P.O. Box 7604
Ben Franklin Station
Washington, D.C. 20044

Via Federal eRulemaking Portal

RE: Comments on Notice 2018-68: Guidance on the Application of Section 162(m)

Dear Mr. Enkishev:

The U.S. Chamber of Commerce appreciates the opportunity to provide feedback on Notice 2018-68, guidance on the application of section 162(m), as published in the Internal Revenue Bulletin on September 4, 2018.

The attached chart identifies issues arising under Notice 2018-68 and provides suggested solutions as well as any additional explanation the Chamber believes would be helpful in addressing the issue. This feedback is the product of extensive conversations with a very wide array of impacted Chamber members. These comments may be considered as representing some of the most serious issues, but are not all the issues concerning Chamber members on Notice 2018-68.


Caroline L. Harris

CC: Charles P. Rettig, Commissioner, Office of the Commissioner, Internal Revenue Service,
U.S. Department of the Treasury

David J. Kautter, Assistant Secretary, Office of Tax Policy, U.S. Department of the

William M. Paul, Chief Counsel (Acting), Office of the Chief Counsel, Internal Revenue
Service, U.S. Department of the Treasury