[Federal Register Volume 79, Number 182 (Friday, September 19, 2014)]
[Notices]
[Pages 56435-56439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22321]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service


Proposed Information Collection; Comment Request

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice and request for comments.

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SUMMARY: The Department of the Treasury, as part of its continuing 
effort to reduce paperwork and respondent burden, invites the general 
public and other Federal agencies to take this opportunity to comment 
on proposed and/or continuing information collections, as required by 
the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 
3506(c)(2)(A)).

DATES: Written comments should be received on or before November 18, 
2014 to be assured of consideration.

ADDRESSES: Direct all written comments to Christie A. Preston, Internal 
Revenue Service, Room 6129, 1111 Constitution Avenue NW., Washington, 
DC 20224.
    Please send separate comments for each specific information 
collection listed below. You must reference the information 
collection's title, form number, reporting or recordkeeping requirement 
number, and OMB number (if any) in your comment.

FOR FURTHER INFORMATION CONTACT: To obtain additional information, or 
copies of the information collection and instructions, or copies of any 
comments received, contact Elaine Christophe, at Internal Revenue 
Service, Room 6129, 1111 Constitution Avenue NW., Washington, DC 20224, 
or through the internet, at [email protected].

SUPPLEMENTARY INFORMATION: 

Request for Comments

    The Department of the Treasury and the Internal Revenue Service, as 
part of

[[Page 56436]]

their continuing effort to reduce paperwork and respondent burden, 
invite the general public and other Federal agencies to take this 
opportunity to comment on the proposed or continuing information 
collections listed below in this notice, as required by the Paperwork 
Reduction Act of 1995, (44 U.S.C. 3501 et seq.).
    Request for Comments: Comments submitted in response to this notice 
will be summarized and/or included in our request for Office of 
Management and Budget (OMB) approval of the relevant information 
collection. All comments will become a matter of public record. Please 
do not include any confidential or inappropriate material in your 
comments.
    We invite comments on: (a) Whether the collection of information is 
necessary for the proper performance of the agency's functions, 
including whether the information has practical utility; (b) the 
accuracy of the agency's estimate of the burden of the collection of 
information; (c) ways to enhance the quality, utility, and clarity of 
the information to be collected; (d) ways to minimize the burden of the 
collection of information on respondents, including the use of 
automated collection techniques or other forms of information 
technology; and (e) estimates of capital or start-up costs and costs of 
operation, maintenance, and purchase of services to provide the 
requested information.
    Currently, the IRS is seeking comments concerning the following 
forms, and reporting and recordkeeping requirements:
    (1) Title: Employer's Annual Federal Unemployment (FUTA) Tax Return 
(Form 940) and Planilla Para La Declaracion Anual Del Patrono--La 
Contribucion Federal Para El Desempleo (FUTA) (Form 940-PR).
    OMB Number: 1545-0028.
    Form Number: 940 and 940-PR.
    Abstract: Internal Revenue Code section 3301 imposes a tax on 
employers based on the first $7,000 of taxable wages paid to each 
employee. The tax is computed and reported on Forms 940 and 940-PR 
(Puerto Rico employers only). IRS uses the information on Forms 940 and 
940-PR to ensure that employers have reported and figured the correct 
FUTA wages and tax.
    Current Actions: There are changes to the previously approved 
burden of this existing collection.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses or other for-profit organizations, 
individuals, or households, and farms.
    Estimated Number of Respondents: 8,211,486.
    Estimated Time per Respondent: 71 hrs., 21 min.
    Estimated Total Annual Burden Hours: 119,299,117.
    (2) Title: Form 990-BL, Schedule A (Form 990-BL), Information and 
Initial Excise Tax Return for Black Lung Benefit Trusts and Certain 
Related Persons, and Form 6069, Return of Excise Tax on Excess 
Contributions to Black Lung Benefit Trust Under Section 4953 and 
Computation of Section 192 Deduction.
    OMB Number: 1545-0049.
    Form Number: Form 990-BL; Schedule A (Form 990-BL), and Form 6069.
    Abstract: IRS uses Form 990-BL to monitor activities of black lung 
benefit trusts, and to collect excise taxes on these trusts and certain 
related persons if they engage in proscribed activities. The tax is 
figured on Schedule A and attached to Form 990-BL. Form 6069 is used by 
coal mine operators to figure the maximum deduction to a black lung 
benefit trust. If excess contributions are made, IRS uses the form to 
figure and collect the tax on excess contributions.
    Current Actions: There are changes to the previously approved 
burden of this existing collection.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Business or other for-profit organizations, 
individuals, and not-for-profit institutions.

Form 990-BL & Schedule A (Form 990-BL)

    Estimated Number of Respondents: 22.
    Estimated Time per Respondent: 34 hours, 15 minutes.
    Estimated Total Annual Burden Hours: 754.

Form 6069

    Estimated Number of Respondents: 0.
    Estimated Time per Respondent: 9 hours, 56 minutes.
    Estimated Total Annual Burden Hours: 0.
    (3) Title: Application for Recognition of Exemption Under Section 
521 of the Internal Revenue Code.
    OMB Number: 1545-0058.
    Form Number: 1028.
    Abstract: Farmers' cooperatives must file Form 1028 to apply for 
exemption from Federal income tax as being organizations described in 
Internal Revenue Code section 521. The information on Form 1028 
provides the basis for determining whether the applicants are exempt.
    Current Actions: There are changes being made to the burden 
previously approved by OMB.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Business or other for-profit organizations.
    Estimated Number of Respondents: 8.
    Estimated Time per Respondent: 71 hours, 53 minutes.
    Estimated Total Annual Burden Hours: 576.
    (4) Title: Dividends and Distributions.
    OMB Number: 1545-0110.
    Form Number: 1099-DIV.
    Abstract: Form 1099-DIV is used by the IRS to insure that dividends 
are properly reported as required by Internal Revenue Code section 
6042, that liquidation distributions are correctly reported as required 
by Code section 6043, and to determine whether payees are correctly 
reporting their income.
    Current Actions: There are changes to the previously approved 
burden of this existing collection.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Business or other for-profit organizations.
    Estimated Number of Responses: 87,476,600.
    Estimated Time per Response: 23 minutes.
    Estimated Total Annual Burden Hours: 34,115,874.
    (5) Title: Certain Gambling Winnings.
    OMB Number: 1545-0238.
    Form Number: Form W-2G.
    Abstract: Internal Revenue Code sections 6041, 3402(q), and 3406 
require payers of certain gambling winnings to withhold tax and to 
report the winnings to the IRS. IRS uses the information to verify 
compliance with the reporting rules and to verify that the winnings are 
properly reported on the recipient's tax return.
    Current Actions: There are changes to the previously approved 
burden of this existing collection.
    Type of Review: Revision of a currently approved collection.
    Affected Public: Businesses or other for-profit organizations, 
state or local governments, and non-profit institutions.
    Estimated Number of Responses: 10,499,700.
    Estimated Time per Response: 24 minutes.
    Estimated Total Annual Burden Hours: 4,304,877.
    (6) Title: Exemption From Withholding on Compensation for 
Independent (and Certain Dependent) Personal Services of a Nonresident 
Alien Individual.
    OMB Number: 1545-0795.
    Form Number: 8233.
    Abstract: Compensation paid to a nonresident alien individual for

[[Page 56437]]

independent personal services (self-employment) is generally subject to 
30% withholding or graduated rates. However, such compensation may be 
exempt from withholding because of a U.S. tax treaty or the personal 
exemption amount. Form 8233 is used to request exemption from 
withholding. Nonresident alien students, teachers, and researchers 
performing dependent personal services also use Form 8233 to request 
exemption from withholding.
    Current Actions: There are changes to the burden previously 
approved by OMB.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Individuals, business or other for-profit 
organizations, and not-for-profit institutions.
    Estimated Number of Respondents: 75,617.
    Estimated Time per Respondent: 9 hrs., 3 min.
    Estimated Total Annual Burden Hours: 684,334.
    (7) Title: Direct Deposit or Refund of $1 Million or More.
    OMB Number: 1545-1763.
    Form Number: 8302.
    Abstract: This form is used to request a deposit of a tax refund of 
$1 million or more directly into an account at any U.S. bank or other 
financial institution that accepts direct deposits.
    Current Actions: There are changes to the previously approved 
burden of this existing collection.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Business or other for-profit organizations, 
individuals or households.
    Estimated Number of Respondents: 584.
    Estimated Time per Respondent: 2 hours, 57 minutes.
    Estimated Total Annual Burden Hours: 1,729.
    (8) Title: Limitations on Net Operating Loss Carry-forwards and 
Certain Built-in Losses and Credits Following an Ownership Change of a 
Consolidated Group.
    OMB Number: 1545-1218.
    Regulation Project Number: TD 8824.
    Abstract: Section 1502 provides for the promulgation of regulations 
with respect to corporations that file consolidated income tax returns. 
Section 382 limits the amount of income that can be offset by loss 
carryovers and credits after an ownership change. These final 
regulations provide rules for applying section 382 to groups of 
corporations that file a consolidated return.
    Current Actions: There is no change to this existing regulation.
    Type of Review: Extension of currently approved collection.
    Affected Public: Business or other for-profit.
    Estimated Number of Respondents: 12,054.
    Estimated Time per Respondent: 20 minutes.
    Estimated Total Annual Burden Hours: 662.
    (9) Title: Changes With Respect to Prizes and Awards and Employee 
Achievement Awards.
    OMB Number: 1545-1100.
    Regulation Project Number: IA-111-86 (REG-209106-89)
    Abstract: This regulation requires recipients of prizes and awards 
to maintain records to determine whether a qualifying designation has 
been made in accordance with section 74(b)(3) of the Internal Revenue 
Code. The affected public is prize and award recipients who seek to 
exclude the cost of a qualifying prize or award.
    Current Actions: There is no change to this existing regulation.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Individuals or households.
    Estimated Number of Respondents: 5,100.
    Estimated Time per Respondent: 15 minutes.
    Estimated Total Annual Burden Hours: 1,275.
    (10) Title: Preparer Penalties-Manual Signature Requirement (Sec. 
1.6695-1(B)).
    OMB Number: 1545-1385.
    Regulation Project Numbers: TD 8549 (GL-238-88).
    Abstract: This regulation provides that persons who prepare U.S. 
Fiduciary income tax returns for compensation may, under certain 
conditions, satisfy the manual signature requirements by using a 
facsimile signature. However, they will be required to submit to the 
IRS a list of the names and identifying numbers of all fiduciary 
returns which are being filed with a facsimile signature.
    Current Actions: There is no change to this existing regulation.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Business or other for-profit organizations.
    Estimated Number of Respondents: 20,000.
    Estimated Time per Respondent: 1 hour, 17 min.
    Estimated Total Annual Burden Hours: 25,825.
    (11) Title: Revision of Regulations Relating to Withholding of Tax 
on Certain U.S. Source Income Paid to Foreign Persons and Revision of 
Information Reporting Regulations.
    OMB Number: 1545-1484.
    Regulation Project Number: REG-242282-97 (TD 8881-final).
    Abstract: This regulation prescribes collections of information for 
foreign persons that received payments subject to withholding under 
sections 1441, 1442, 1443, or 6114 of the Internal Revenue Code. This 
information is used to claim foreign person status and, in appropriate 
cases, to claim residence in a country with which the United States has 
an income tax treaty in effect, so that withholding at a reduced rate 
of tax may be obtained at source. The regulation also prescribes 
collections of information for withholding agents. This information is 
used by withholding agents to report to the IRS income paid to a 
foreign person that is subject to withholding under Code sections 1441, 
1442, and 1443. The regulation also requires that a foreign taxpayer 
claiming a reduced amount of withholding tax under the provisions of an 
income tax treaty must disclose its reliance upon a treaty provision by 
filing Form 8833 with its U.S. income tax return.
    Current Actions: There is no change to this existing regulation.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Business or other for-profit organizations, 
individuals or households, not-for-profit institutions, farms, and 
Federal, state, local or tribal governments.
    The burden for the reporting requirements is reflected in the 
burden of Forms W-8BEN, W-8ECI, W-8EXP, W-8IMY, 1042, 1042S, 8233, 
8833, and the income tax return of a foreign person filed for purposes 
of claiming a refund of tax.
    (12) Title: Application of the Grantor Trust Rules to Nonexempt 
Employees' Trusts.
    OMB Number: 1545-1498.
    Regulation Project Number: REG-209826-96.
    Abstract: This regulation provides rules for the application of the 
grantor trust rules to certain nonexempt employee's trusts. Under 
Section 1.671-1(h)(3)(iii) of the regulation, the overfunded amount for 
certain foreign employees' trusts will be reduced to the extent the 
taxpayer demonstrates to the Commissioner, and indicates on a statement 
attached to a timely filed Form 5471, that the overfunded amount is 
attributable to a reasonable funding exception. The IRS needs this 
information to determine accurately the portion of the trust that is 
properly treated as owned by the employer.

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    Current Actions: There is no change to this existing regulation.
    Type of Review: Extension of currently approved collection.
    Affected Public: Business or other for-profit organizations.
    Estimated Number of Respondents: 1,000.
    Estimated Time per Respondent: 1 hour.
    Estimated Total Annual Burden Hours: 1,000.
    (13) Title: Mark to Market Election for Commodities Dealers and 
Securities and Commodities Traders.
    OMB Number: 1545-1641.
    Revenue Procedure Number: Revenue Procedure 99-17 (Revenue 
Procedure 99-17 is modified by Revenue Procedure 99-49).
    Abstract: These revenue procedures prescribe the time and manner 
for dealers in commodities and traders in securities or commodities to 
elect to use the mark-to-market method of accounting under sections 
475(e) and (f) of the Internal Revenue Code. The collections of 
information in these revenue procedures are required by the IRS in 
order to facilitate monitoring taxpayers changing accounting methods 
resulting from making the elections under Code section 475(e) or (f).
    Current Actions: Section 6 of Revenue Procedure 99-17 is superseded 
by Section 13 of Revenue Procedure 99-49.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Business or other for-profit organizations.
    The reporting burden for the collections of information in section 
5.01--5.04 of this revenue procedure is as follows:
    Estimated Number of Respondents/Recordkeepers: 1,000.
    Estimated Time per Respondent/Recordkeeper: 30 minutes.
    Estimated Total Annual Reporting/Recordkeeping Hours: 500.
    (14) Title: Capital Gains, Partnership, Subchapter S, and Trusts 
Provisions.
    OMB Number: 1545-1654.
    Regulation Project Number: REG-106527-98 (TD 8902).
    Abstract: The regulation relates to sales, or exchanges of 
interests in partnerships, S corporations, and trusts. The regulations 
interpret the look-through provision of section 1(h), added by section 
311 of the Taxpayer Relief Act of 1997 and amended by sections 5001 and 
6005(d) of the Internal Revenue Service Restructuring and Return Act of 
1998, and explain the rules relating to the division of the holding 
period of a partnership interest. The regulations affect partnerships, 
partners, S corporations, S corporation shareholders, trusts, and 
trusts beneficiaries.
    Current Actions: There is no change to this existing regulation.
    Type of Review: Extension of currently approved collection.
    Affected Public: Businesses or other for-profit organizations, and 
state, local or tribal governments.
    The burden estimates for requirement is reflected in the burden 
estimates for: Form 1040, U.S. Individual Income Tax Return; Form 1065, 
U.S. Partnership Return of Income; Form 1041, U.S. Income Tax Return 
for Estates and Trusts; and Form 1120S, U.S. Income Tax Return for an S 
Corporation.
    (15) Title: IRA Required Minimum Distribution Reporting.
    OMB Number: 1545-1779.
    Notice Number: Notice 2002-27.
    Abstract: Notice 2002-27 (Notice 2003-2, Notice 2003-3 & Notice 
2009-9) provides guidance with respect to the reporting requirements, 
that is, data that custodians and trustees of IRAs must furnish IRA 
owners in those instances where there must be a minimum distribution 
from an individual retirement arrangement.
    Current Actions: There are no changes being made to the notice at 
this time.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Business or other for-profit organizations, and 
not-for-profit institutions.
    Estimated Number of Respondents: 78,000.
    Estimated Average Time per Respondent: 15 hours.
    Estimated Total Annual Burden Hours: 1,170,000.
    (16) Title: Dual Consolidated Loss Recapture Events.
    OMB Number: 1545-1796.
    Regulation Project Number: REG-106879-00 (TD 9084 Final).
    Abstract: This document contains final regulations under section 
1503(d) regarding the events that require the recapture of dual 
consolidated losses. These regulations are issued to facilitate 
compliance by taxpayers with the dual consolidated loss provisions. The 
regulations generally provide that certain events will not trigger 
recapture of a dual consolidated loss or payment of the associated 
interest charge. The regulations provide for the filing of certain 
agreements in such cases. This document also makes clarifying and 
conforming changes to the current regulations.
    Current Actions: There are no changes being made to this existing 
regulation.
    Type of Review: Extension of currently approved collection.
    Affected Public: Business or other for-profit organizations.
    Estimated Number of Respondents: 30.
    Estimated Time per Respondent: 2 hours.
    Estimated Total Annual Burden Hours: 60.
    (17) Title: Domestic Reinvestment and Other Guidance under Section 
965.
    OMB Number: 1545-1926.
    Regulation Project Number: Notice 2005-10, as modified by Notice 
2005-38.
    Abstract: Notice 2005-10 provides guidance concerning new section 
965 of the Internal Revenue Code (Code). It sets forth general 
principles and specific guidance on domestic reinvestment plans and on 
investments in the United States described in section 965(b)(4)(B). The 
Treasury Department and the Internal Revenue Service (IRS) intend to 
issue additional notices providing guidance concerning section 965, 
including rules relating to the foreign tax credit and expense 
allocation, rules for adjusting the calculation of the base period 
amounts to take into account mergers, acquisitions and spin-offs, and 
rules regarding controlled groups. The Treasury Department and the IRS 
expect to issue regulations that incorporate the guidance provided in 
this and the subsequent notices. Notice 2005-38 primarily addresses the 
limitations, described in section 965(b)(1), (2), and (3), on the 
amount of dividends that a corporation that is a U.S. shareholder of a 
controlled foreign corporation may treat as eligible for the dividends 
received deduction under section 965(a) (DRD or section 965(a) DRD), 
including the effects of certain transactions on such limitations.
    Current Actions: There is no change to this existing regulation.
    Type of Review: Extension of currently approved collection.
    Affected Public: Business or other for-profit organizations.
    Estimated Number of Respondents: 25,000.
    Estimated Time per Respondent: 150 hours.
    Estimated Total Annual Burden Hours: 3,750,000.
    (18) Title: Revenue Procedure Regarding Extended Period of 
Limitations for Listed Transaction Situations.
    OMB Number: 1545-1940.
    Revenue Procedure Number: Revenue Procedure 2005-26.
    Abstract: The purpose of this revenue procedure is to alert 
taxpayers to the enactment of section 6501(c)(10) of the Internal 
Revenue Code, and to provide guidance for taxpayers subject to the 
extended period of limitations on assessment under section 6501(c)(10).

[[Page 56439]]

    Current Actions: There are no changes being made to the revenue 
procedure at this time.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Individuals or households and Business or other 
for-profit institutions.
    Estimated Number of Respondents: 859
    Estimated Time per Respondent: 5 hours.
    Estimated Total Annual Burden Hours: 430.
    (19) Title: Additional First Year Depreciation Deduction.
    OMB Number: 1545-2207
    Regulation Project Number: Revenue Procedure 2011-26
    Abstract: This revenue procedure provides guidance under Sec.  
2022(a) of the Small Business Jobs Act of 2010, Public Law 111-240, 124 
Stat. 2504 (September 27, 2010) (SBJA), and Sec.  401(a) and (b) of the 
Tax Relief, Unemployment Insurance Reauthorization, and Job Creation 
Act of 2010, Public Law 111-312, 124 Stat. 3296 (December 17, 2010) 
(TRUIRJCA). Sections 2022(a) of the SBJA and 401(a) of the TRUIRJCA 
amend Sec.  168(k)(2) of the Internal Revenue Code by extending the 
placed-in-service date for property to qualify for the 50-percent 
additional first year depreciation deduction. Section 401(b) of the 
TRUIRJCA amends Sec.  168(k) by adding Sec.  168(k)(5), which 
temporarily allows a 100-percent additional first year depreciation 
deduction for certain new property.
    Current Actions: There is no change to this existing regulation.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Business or other for-profit; individuals or 
households.
    Estimated Number of Respondents: 250,000.
    Estimated Time per Respondent: 30 minutes.
    Estimated Total Annual Burden Hours: 125,000.
    The following paragraph applies to all of the collections of 
information covered by this notice:
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information, unless the collection of 
information displays a valid OMB control number. Books or records 
relating to a collection of information must be retained as long as 
their contents may become material in the administration of any 
internal revenue law. Generally, tax returns and tax return information 
are confidential, as required by 26 U.S.C. 6103.

    Dated: September 12, 2014.
Christie Preston,
IRS Reports Clearance Officer.
[FR Doc. 2014-22321 Filed 9-18-14; 8:45 am]
BILLING CODE 4830-01-P