Final regulation (T.D. 9706), was published and became effective December 12, 2014. This final regulation adopts the 2011 temporary regulations as final regulations, with certain modifications. It did not yet, however, adopt Proposed Regulation § 1.6038D-6 (which would require entities to file Form 8938). Further, the IRS did not adopt recommendations for guidance pertaining to the reasonable cause exception relating to IRC § 6038D penalties. American Bar Association Section of Real Property, Trust & Estate Law – Income and Transfer Tax Planning Group. March 19, 2015.