MLP Qualifying Income Regulations Are Finalized – Not Withdrawn by Trump Administration

On January 24, 2017, in a surprise to many, the final 7704 regulations were published in the Federal Register. Previously, on January 20, 2017, President Donald J. Trump imposed a government-wide regulatory freeze in a White House memorandum issued by the President’s Chief of Staff. The memorandum included an instruction to the heads of executive departments and agencies to immediately withdraw regulations that have been sent to the Federal Register, but not yet published, until a department or agency head appointed or designated by the President reviews and approves the regulations. Although it appeared that the 7704 regulations released by Treasury and the IRS on January 19, 2017 were subject to these instructions to be withdrawn, because they were published in the Federal Register on January 24, 2017, these regulations are now final.