BB 92-57 BANKING ISSUANCE Comptroller of the Currency Administrator of National Banks Type: Banking Bulletin Subject: IRS Express Determination Letters To: The Chief Executive Officers of All National Banks The Internal Revenue Service (IRS) has published revisions to its regulation section 1.166-2(d)(3) and Revenue Procedure 92-18 effective October 1, 1992. These regulations address financial institutions' election to deduct charge-offs for income tax purposes in the same year the charge-offs are recorded for regulatory purposes. To be eligible for this election, the institution must obtain an "express determination" letter from its primary regulator. The revised rules require that a bank making this election obtain the "express determination" letter in conjunction with examinations involving the loan review process that are conducted after October 1, 1992. Examining Circular 216 Supplement 1 addressing the procedures for issuing an "express determination" letter is currently being distributed to all examiners. A copy of the Examining Circular is attached. Jerilyn Gilland Acting Chief National Bank Examiner Attachment Date: October 14, 1992