[Federal Register Volume 74, Number 12 (Wednesday, January 21, 2009)]
[Rules and Regulations]
[Page 3421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1097]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 31

[TD 9440]
RIN 1545-BI39


Employer's Annual Federal Tax Return and Modifications to the 
Deposit Rules; Correction

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Correcting amendment.

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SUMMARY: This document contains corrections to final and temporary 
regulations (TD 9440) that were published in the Federal Register on 
Monday, December 29, 2008, relating to the annual filing of Federal 
employment tax returns and requirements for employment tax deposits. 
These temporary regulations relate to sections 6011 and 6302 of the 
Internal Revenue Code concerning reporting and paying income taxes 
withheld from wages and reporting and paying taxes under the Federal 
Insurance Contributions Act (FICA) (collectively, ``employment 
taxes'').

DATES: Effective Date: This correction is effective January 21, 2009, 
and is applicable on December 29, 2008.

FOR FURTHER INFORMATION CONTACT: Audra Dineen, (202) 622-4910 (not a 
toll-free number).

SUPPLEMENTARY INFORMATION:

Background

    This document contains corrections to final and temporary 
regulations (TD 9440) that were published in the Federal Register on 
Monday, December 29, 2008 (73 FR 79354) relating to the annual filing 
of Federal employment tax returns and requirements for employment tax 
deposits. The final and temporary regulations that are the subject of 
this document are under sections 6011 and 6302 of the Internal Revenue 
Code. These temporary regulations generally allow certain employers to 
file a Form 944, ``Employer's ANNUAL Federal Tax Return'', rather than 
Form 941, ``Employer's QUARTERLY Federal Tax Return''. In addition to 
rules related to Form 944, the temporary regulations provide an 
additional method for employers who file Form 941 to determine whether 
the amount of accumulated employment taxes is considered de minimis. 
The portions of this document that are final regulations provide 
necessary cross-references to the temporary regulations.

Need for Correction

    As published, final and temporary regulations (TD 9440) contain 
errors that may prove to be misleading and are in need of 
clarification.

List of Subjects in 26 CFR Part 31

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

Correction of Publication

0
Accordingly, 26 CFR part 31 is corrected by making the following 
correcting amendments:

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

0
Paragraph 1. The authority citation for part 31 continues to read, in 
part, as follows:

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


0
Par. 2. Section 31.6302-0T is amended by revising the entry for Sec.  
31.6302-1T(d)
    Example 6. to read as follows:


Sec.  31.6302-0T  Table of contents (temporary).

* * * * *


Sec.  31.6302-1T  Federal tax deposit rules for withheld income taxes 
and taxes under the Federal Insurance Contributions Act (FICA) 
attributable to payments made after December 31, 1992 (temporary).

* * * * *
    (d) * * *

    Example 6. Extension of time to deposit for employers who filed 
Form 944 for the preceding year satisfied.
* * * * *

0
Par. 3. Section 31.6302-1T is amended by revising the last sentence of 
paragraph (d)
    Example 6. to read as follows:


Sec.  31.6302-1T  Federal tax deposit rules for withheld income taxes 
and taxes under the Federal Insurance Contributions Act (FICA) 
attributable to payments made after December 31, 1992 (temporary).

* * * * *
    (d) * * *

    Example 6. * * * Pursuant to Sec.  31.6302-1T(c)(6), F will be 
deemed to have timely deposited the employment taxes due for January 
2007, and, thus, the IRS will not impose a failure-to-deposit 
penalty under section 6656 for that month.
* * * * *

LaNita Van Dyke,
Chief, Publications and Regulations Branch Legal Processing Division, 
Associate Chief Counsel, (Procedure and Administration).
 [FR Doc. E9-1097 Filed 1-16-09; 8:45 am]
BILLING CODE 4830-01-P