[Federal Register Volume 72, Number 220 (Thursday, November 15, 2007)]
[Proposed Rules]
[Pages 64174-64175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22280]



[[Page 64174]]

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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[REG-104942-07]
RIN 1545-BG37


Notification Requirement for Tax-Exempt Entities Not Currently 
Required To File

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of proposed rulemaking by cross-reference to temporary 
regulations and notice of public hearing.

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SUMMARY: In the Rules and Regulations section of this issue of the 
Federal Register, the IRS is issuing temporary regulations describing 
the time and manner in which certain tax-exempt organizations not 
currently required to file an annual information return under section 
6033(a)(1) are required to submit an annual electronic notice including 
certain information required by section 6033(i)(1)(A) through (F). The 
text of those regulations also serves as the text of these proposed 
regulations.

DATES: Written or electronic comments and requests for a public hearing 
must be received by February 13, 2008.

ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG-104942-07), room 
5203, Internal Revenue Service, PO Box 7604, Ben Franklin Station, 
Washington, DC 20044. Submissions may be hand-delivered Monday through 
Friday between the hours of 8 a.m. and 4 p.m. to CC:PA: LPD:PR (REG-
104942-07), Courier's Desk, Internal Revenue Service, 1111 Constitution 
Avenue, NW., Washington, DC, or sent electronically, via the Federal 
eRulemaking Portal at www.regulations.gov (IRS-REG-104942-07).

FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, 
Monice Rosenbaum at (202) 622-6070 (not a toll-free number); concerning 
submission of comments and requests for a public hearing, Richard 
Hurst, [email protected].

SUPPLEMENTARY INFORMATION: 

Paperwork Reduction Act

    The collection of information contained in these proposed 
regulations has been reviewed by the Office of Management and Budget in 
accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)). An agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a valid control number assigned by the Office of Management and Budget.
    The information that is required to be collected for purposes of 
Sec.  1.6033-6(c) is required to be submitted on Form 990-N, 
``Electronic Notice (e-Postcard) for Tax-Exempt Organizations not 
Required To File Form 990 or 990-EZ,'' under control number 1545-2085. 
The estimated number of recordkeepers that will submit electronic 
notification is approximately 520,000. The estimated paperwork burden 
for taxpayers submitting Form 990-N is 15 minutes per taxpayer.
    Books and records relating to the collection of information must be 
retained as long as their contents may become material in the 
administration of any internal revenue law.

Background and Explanation of Provision

    Temporary regulations in the Rules and Regulations section of this 
issue of the Federal Register amend the Income Tax Regulations (26 CFR 
part 1) relating to section 6033(i)(1). The temporary regulations 
describe the time and manner in which certain tax-exempt organizations 
not currently required to file are required to provide an annual 
electronic notice including certain information set forth in the 
section 6033(i)(1)(A) through (F). The text of those regulations also 
serves as the text of these proposed regulations. The preamble to the 
temporary regulations explains the amendments.

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 has also 
been determined that section 553(b) of the Administrative Procedure Act 
(5 U.S.C. chapter 5) does not apply to these regulations. It is hereby 
certified that the collection of information in Sec.  1.6033-6T will 
not have a significant economic impact on a substantial number of small 
entities. Accordingly, a regulatory flexibility analysis under the 
Regulatory Flexibility Act (5 U.S.C. 601) (RFA) is not required.
    The effect of these proposed regulations on small entities flows 
directly from the statute these regulations implement. Section 
6033(i)(1) requires that certain entities submit annual notification, 
in electronic form, setting forth: the legal name of the organization; 
any name under which such organization operates or does business; the 
organization's mailing address and Internet Web site address (if any); 
the organization's taxpayer identification number; the name and address 
of a principal officer; and evidence of the continuing basis for the 
organization's exemption from the filing requirements under section 
6033(a)(1).
    Pursuant to section 7805(f) of the Code, this regulation as been 
submitted to the Chief Counsel for Advocacy of the Small Business 
Administration for comment on its impact on small business.

Comments and Requests for Public a Hearing

    Before the proposed regulations are adopted as final regulations, 
consideration will be given to any written comments (a signed original 
and eight (8) copies) or electronic comments that are submitted timely 
to the IRS. The IRS and Treasury Department specifically request 
comments on the clarity of the proposed rule and how it may be made 
easier to understand. Comments are requested on all aspects of the 
proposed regulations. 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 written 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 Monice Rosenbaum of 
the Office of the Associate Chief Counsel (Tax Exempt and Government 
Entities). However, other personnel from the IRS and Treasury 
Department participated in their development.

List of Subjects in 26 CFR Part 1

    Income taxes, Reporting and recordkeeping requirements.

Proposed Amendments to the Regulations

    Accordingly, 26 CFR part 1 is proposed to be amended as follows:

PART 1--INCOME TAXES

    Paragraph 1. The authority citation for part 1 is amended by adding 
an entry in numerical order to read as follows:

    Authority: 26 U.S.C. 7805 * * *
    Section 1.6033-6 also issued under 26 U.S.C. 6033(i)(1). * * *

    Par. 2. Section 1.6033-6 is proposed to be added to read as 
follows:

[[Page 64175]]

Sec.  1.6033-6  Notification requirement for entities not required to 
file an annual information return under section 6033(a)(1) (taxable 
years beginning after December 31, 2006).

    [The text of proposed Sec.  1.6033-6 is the same as the text of 
Sec.  1.6033-6T published elsewhere in this issue of the Federal 
Register].

Linda E. Stiff,
Deputy Commissioner for Services and Enforcement.
 [FR Doc. E7-22280 Filed 11-14-07; 8:45 am]
BILLING CODE 4830-01-P