[Federal Register Volume 65, Number 248 (Tuesday, December 26, 2000)]
[Proposed Rules]
[Pages 81453-81455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32568]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Parts 1, 31, 35, 36, 40, 301, 601

[REG-107176-00]
RIN 1545-AY10


Removal of Federal Reserve Banks as Federal Depositaries

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document contains proposed regulations which remove the 
Federal Reserve banks as authorized depositaries for Federal tax 
deposits. The regulations affect taxpayers who make Federal tax 
deposits using paper Federal Tax Deposit (FTD) coupons (Form 8109) at 
Federal Reserve banks.

DATES: Written or electronically generated comments and requests for a 
public hearing must be received by March 26, 2001.

ADDRESSES: Send submissions to: CC (REG-107176-00), room 5226, Internal 
Revenue Service, POB 7604, Ben Franklin Station, Washington, DC 20044. 
Submissions may be hand delivered Monday through Friday between the 
hours of 8 a.m. and 5 p.m. to: CC (REG-107176-00), Courier's Desk, 
Internal Revenue Service, 1111 Constitution Avenue, NW., Washington, 
DC. Alternatively, taxpayers may submit comments electronically via the 
Internet by selecting the ``Tax Regs'' option on the IRS Home Page, or 
by submitting comments directly to the IRS Internet site at http://
www.irs.gov/tax__regs/regslist.html.

FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, 
Brinton T. Warren, (202) 622-4940; concerning submissions of comments 
and requests for a public hearing, Treena Garrett of the Regulations 
Unit at (202) 622-7180 (not toll-free numbers).

SUPPLEMENTARY INFORMATION:

Background and Explanation of Provisions

    This document contains proposed amendments to 26 CFR parts 1, 31, 
35, 36, 40, 301, and 601 relating to Federal tax deposits under section 
6302(c) of the Internal Revenue Code (Code). Section 6302(c) provides 
that the Secretary may authorize Federal Reserve banks, and 
incorporated banks, trust companies, domestic building and loan 
associations, or credit unions that are depositaries or financial 
agents of the United States, to receive any tax imposed under the 
internal revenue laws, in such manner, at such times, and under such 
conditions as the Secretary may prescribe. Pursuant to this authority, 
various regulations provide that Federal Reserve banks, as well as 
other authorized financial institutions, may receive certain Federal 
tax deposits.
    In cooperation with the Treasury Department's Financial Management 
Service (FMS), the Federal Reserve System has been streamlining its 
Treasury Tax and Loan (TT&L) Operation to respond to the fact that the 
overwhelming majority of Federal Tax Deposits (FTDs) are now received 
electronically. The widespread adoption of electronic deposits by 
taxpayers is an important aspect of improving the efficiency, 
reliability, and cost-effectiveness of the Treasury Department's 
financial management. In general, compared to the universe of all tax 
deposits, the percentage of FTDs made with paper coupons has 
significantly declined. FTDs made with paper coupons at Federal Reserve 
banks now constitute only a tiny percentage of all tax deposits. For 
example, in Fiscal Year 1999, of the approximately 100 million Federal 
tax deposits, made by paper coupon and electronically, only about 
270,000, or less than one half of one percent, were paper coupons 
presented at Federal Reserve banks. Additionally, the number of paper 
coupons presented at Federal Reserve banks has declined over twenty-
five percent since 1997.
    The Treasury Department has developed an array of other deposit 
options that are more convenient for taxpayers to use, and more 
economical to process, than deposits with Federal Reserve banks. For 
example, taxpayers may use their touch tone telephone or personal 
computer to make deposits 24 hours a day through the Electronic Federal 
Tax Payment System (EFTPS). For those taxpayers who still prefer paper 
coupons over electronic deposits, there are now more than 10,000 
financial institutions nationwide that are designated as TT&L 
depositaries where taxpayers may make FTD deposits using paper coupons.
    In response to the declining number of deposits being made with 
paper coupons at Federal Reserve banks, the Federal Reserve Bank of St. 
Louis was selected, effective May 1, 2000, to serve as the only Federal 
Reserve bank accepting FTDs. Even after this consolidation, however, it 
is no longer cost-effective for the Federal Reserve bank in St. Louis 
to process the small number of paper coupons it receives annually. 
Accordingly, these proposed regulations remove all Federal Reserve 
banks as depositaries for Federal taxes. To mitigate any difficulties 
for those taxpayers who still do not wish to use the deposit 
alternatives discussed above, the Treasury Department has authorized a 
financial agent to receive and process FTD payments through the mail, 
thereby maintaining a mail-in alternative for taxpayers who do not have 
an account with an authorized financial institution and who do not wish 
to use EFTPS. The address for this mail-in alternative is Financial 
Agent, Federal Tax Deposit Processing, P.O. Box 970030, St. Louis, 
Missouri, 63197.

[[Page 81454]]

Proposed Effective Date

    The regulations, as proposed, apply to any deposits of Federal 
taxes made after the date of publication of a Treasury decision 
adopting these rules as final regulations in the Federal Register.

Special Analyses

    It has been determined that this notice of proposed rulemaking is 
not a significant regulatory action as defined in Executive Order 
12866. Therefore, a regulatory assessment is not required. It also has 
been determined that section 553(b) of the Administrative Procedure Act 
(5 U.S.C. chapter 5) does not apply to these regulations, and because 
the regulations do not impose a collection of information on small 
entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not 
apply. Pursuant to section 7805(f) of the Internal Revenue Code, these 
regulations will be submitted to the Chief Counsel for Advocacy of the 
Small Business Administration for comment on their impact on small 
business.

Comments and Public Hearing

    Before these proposed regulations are adopted as final regulations, 
consideration will be given to any written (a signed original and 8 
copies) and electronic comments that are submitted timely to the IRS. 
The IRS and Treasury Department request comments on the clarity of the 
proposed rules and how they can be made easier to understand. All 
comments will be available for public inspection and copying. A public 
hearing will be scheduled if requested in writing by any person that 
timely submits comments. If a public hearing is scheduled, notice of 
the date, time, and place for the public hearing will be published in 
the Federal Register.

Drafting Information

    The principal author of these regulations is Brinton T. Warren of 
the Office of Associate Chief Counsel, Procedure and Administration 
(Administrative Provisions and Judicial Practice Division). However, 
other personnel from the IRS and Treasury Department participated in 
their development.

List of Subjects

26 CFR Part 1

    Income taxes, Reporting and recordkeeping requirements.

26 CFR Part 31

    Employment taxes, Income taxes, Penalties, Pensions, Railroad 
retirement, Reporting and recordkeeping requirements, Social security, 
Unemployment compensation.

26 CFR Part 35

    Employment taxes, Income taxes, Reporting and recordkeeping 
requirements.

26 CFR Part 36

    Employment taxes, Foreign relations, Reporting and recordkeeping 
requirements, Social security.

26 CFR Part 40

    Excise taxes, Reporting and recordkeeping requirements.

26 CFR Part 301

    Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income 
taxes, Penalties, Reporting and recordkeeping requirements.

26 CFR Part 601

    Administrative practice and procedure, Freedom of information, 
Reporting and recordkeeping requirements, Taxes.

Proposed Amendments to the Regulations

    Accordingly, and under the authority of 26 U.S.C. 7805 and 5 U.S.C. 
301, 26 CFR parts 1, 31, 35, 36, 40, 301 and 601 are proposed to be 
amended as follows:

PART 1--INCOME TAXES

    Paragraph 1. The authority citation for part 1 continues to read in 
part as follows:

    Authority: 26 U.S.C. 7805 * * *


Sec. 1.6302-1  [Amended]

    Par. 2. Section 1.6302-1 is amended by removing the fifth sentence 
in paragraph (b)(1).


Sec. 1.6302-2  [Amended]

    Par. 3. Section 1.6302-2 is amended by removing the third sentence 
in paragraph (b)(1).

PART 31--EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE

    Par. 4. The authority citation for part 31 continues to read in 
part as follows:

    Authority: 26 U.S.C. 7805 * * *


Sec. 31.6302-1  [Amended]

    Par. 5. Section 31.6302-1 is amended by removing the fourth 
sentence in paragraph (i)(3).


Sec. 31.6302  [Amended]

    Par. 6. Section 31.6302(c)-3 is amended by removing the third 
sentence in paragraph (b)(2).

PARTS 1, 31, 35, 36, 40, 301, 601--[AMENDED]

    Par. 7. In the list below, for each section indicated in the left 
column, remove the language in the middle column and add, if any, the 
language in the right column:

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           Section                   Remove                  Add
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1.1461-1(a), effective        a Federal reserve     an
 January 1, 2001.              bank or.
1.1502-5(a)(1)..............  commercial            financial
                               dispositary or        institution
                               Federal Reserve
                               Bank.
1.6151-1(d)(1)..............  Federal Reserve       ....................
                               Banks or.
1.6302-1(b)(1) fourth         214 or, at the        203
 sentence.                     election of the
                               corporation, to a
                               Federal Reserve
                               bank.
1.6302-1(b)(1) (as amended    the Federal Reserve   ....................
 by paragraph 2) fifth         bank or.
 sentence.
1.6302-2(a)(1)(i)...........  a Federal Reserve     an
                               bank or.
1.6302-2(a)(1)(ii)..........  a Federal Reserve     an
                               bank or.
1.6302-2(a)(1)(iv)..........  a Federal Reserve     an
                               bank or.
1.6302-2(b)(1) second         214 or, at the        203
 sentence.                     election of the
                               withholding agent,
                               to a Federal
                               Reserve bank.
1.6302-2(b)(1) (as amended    the Federal Reserve   203
 by paragraph 3) third         bank or.
 sentence.
1.6302-3(a).................  or with a Federal     ....................
                               Reserve Bank.
31.6071(a)-1(a)(1)..........  or by a Federal       ....................
                               Reserve bank.

[[Page 81455]]

 
31.6071(a)-1(c).............  a Federal Reserve     ....................
                               bank or by.
31.6151-1(b)................  Federal Reserve       ....................
                               banks and.
31.6302-1(c)(1).............  a Federal Reserve     an
                               bank or.
31.6302-1(c)(2)(i)..........  a Federal Reserve     an
                               bank or.
31.6302-1(c)(3).............  a Federal Reserve     an
                               bank or.
31.6302-1(i)(3).............  214 or, at the        203
                               election of the
                               employer, to a
                               Federal Reserve
                               bank.
31.6302-1(i)(5).............  the Federal Reserve   ....................
                               bank or.
31.6302(c)-2A(b)(1)(i)......  with a Federal        ....................
                               Reserve bank or.
31.6302(c)-2A(b)(3).........  with a Federal        ....................
                               Reserve bank or.
31.6302(c)-3(a)(1)(i).......  with a Federal        ....................
                               Reserve bank or.
31.6302(c)-3(a)(1)(ii)......  with a Federal        ....................
                               Reserve bank or.
31.6302(c)-3(a)(3)..........  with a Federal        ....................
                               Reserve bank or.
31.6302(c)-3(b)(2) second     214 or, at the        203
 sentence.                     election of the
                               employer, to a
                               Federal Reserve
                               bank.
31.6302(c)-3(b)(2) (as        the Federal Reserve   ....................
 amended by paragraph 6)       bank or.
 third sentence.
35.3405-1T(e-10)............  a Federal Reserve     ....................
                               Bank or.
36.3121(l)(10)-4............  a Federal Reserve     an
                               bank or.
40.6302(c)-1(d)(1)..........  (214) or to a         (203)
                               Federal Reserve
                               bank.
301.6302-1(a)...............  Federal Reserve       authorized financial
                               banks and             institutions
                               authorized
                               commercial banks.
301.6302-1(b)(1)............  Federal Reserve       authorized financial
                               banks or authorized   institutions
                               commercial banks.
301.6302-1(b)(2)............  Federal Reserve       authorized financial
                               banks or authorized   institutions
                               commercial banks.
301.9100-5T(c)(3)...........  Federal Reserve       ....................
                               banks and.
601.401(a)(5) heading.......  Federal Reserve       ....................
                               banks and.
601.401(a)(5)(iii) first      a Federal Reserve     an
 sentence.                     bank or.
601.401(a)(5)(iii) second     a Federal Reserve     an
 sentence.                     bank or.
601.401(a)(5)(iv)...........  a Federal Reserve     an authorized
                               bank or a financial   financial
                               institution           institution
                               authorized in
                               accordance with
                               Treasury Department
                               Circular No. 1079,
                               revised, to accept
                               remittances of
                               these taxes for
                               transmission to a
                               Federal Reserve
                               bank.
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Robert E. Wenzel,
Deputy Commissioner of Internal Revenue.
[FR Doc. 00-32568 Filed 12-22-00; 8:45 am]
BILLING CODE 4830-01-P