[Federal Register Volume 80, Number 156 (Thursday, August 13, 2015)]
[Proposed Rules]
[Pages 48472-48473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19933]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[REG-132075-14]
RIN 1545-BM49


Extension of Time to File Certain Information Returns

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: In the Rules and Regulations section of this issue of the 
Federal Register, the IRS is issuing temporary regulations that will 
remove the automatic extension of time to file information returns on 
forms in the W-2 series (except Form W-2G). The temporary regulations 
will allow only a single 30-day non-automatic extension of time to file 
these information returns. In addition, the temporary regulations will 
update the list of information returns subject to the rules regarding 
extensions of time to file. These proposed regulations incorporate the 
temporary regulations with respect to extensions of time to file 
information returns on forms in the W-2 series (except Form W-2G). In 
addition, these proposed regulations would remove the automatic 30-day 
extension of time to file all information returns listed in the 
temporary regulation.

DATES: Written or electronic comments and requests for a public hearing 
must be received by November 12, 2015.

ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG-132075-14), Room 
5203, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, 
Washington, DC 20044. Submissions may be hand-delivered between the 
hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (REG-132075-14), Courier's 
Desk, Internal Revenue Service, 1111 Constitution Avenue NW., 
Washington, DC, or sent via the Federal eRulemaking Portal at 
www.regulations.gov (IRS REG-132075-14).

FOR FURTHER INFORMATION CONTACT: Concerning these proposed regulations, 
Jonathan R. Black, (202) 317-6845; concerning submissions of comments 
and/or requests for a hearing, Regina Johnson (202) 317-6901 (not toll-
free numbers).

SUPPLEMENTARY INFORMATION:

Background and Explanation of Provisions

    Temporary regulations Sec.  1.6081-8T in the Rules and Regulations 
section of this issue of the Federal Register will amend 26 CFR part 1 
by removing the automatic extension of time to file information returns 
on forms in the W-2 series (except Form W-2G), effective for filing 
season 2017. The temporary regulations will allow only a single 30-day 
non-automatic extension of time to file these information returns that 
the IRS may, in its discretion, grant if the IRS determines that an 
extension of time to file is warranted based on the filer's or 
transmitter's explanation attached to a Form 8809, ``Application for 
Extension of Time to File Information Returns,'' signed under penalties 
of perjury. The temporary regulations will also add Forms 3921, 3922, 
1094-C, and forms in the 1097 series to the list of information returns 
covered by Sec.  1.6081-8T(a) and clarify that Forms 1095-B and 1095-C, 
but not Form 1095-A, are covered by the rules in Sec.  1.6081-8T(a).
    These proposed regulations would remove the automatic 30-day 
extension of time to file the information returns listed in Sec.  
1.6081-8T(a) and allow only a single non-automatic extension of time to 
file all information returns listed in Sec.  1.6081-8T.
    The IRS anticipates that, as described in the temporary regulations 
with respect to forms in the W-2 series (other than Forms W-2G), under 
the proposed regulations, the IRS will grant the non-automatic 30-day 
extension of time to file information returns listed in Sec.  1.6081-
8(a) only in limited cases where the filer's or transmitter's 
explanation demonstrates that an extension of time to file is needed as 
a result of extraordinary circumstances or catastrophe, such as a 
natural disaster or fire destroying the books and records a filer needs 
for filing the information returns.
    Treasury and the IRS request comments on the appropriate timing of 
the removal of the automatic 30-day extension of time to file 
information returns covered by these proposed regulations, such as Form 
1042-S, including whether special transitional considerations should be 
given for any category or categories of forms or filers relative to 
other forms or filers. Although these regulations are proposed to be 
effective for requests for extensions of time to file information 
returns due on or after January 1 of the calendar year immediately 
following the date of publication of a Treasury decision adopting these 
rules as final regulations in the Federal Register, removal of the 
automatic 30-day extension of time to file will not apply to 
information returns (other than forms in the W-2 series except Forms W-
2G) due any earlier than January 1, 2018. Please follow the 
instructions in the ``Comments and Requests for Public Hearing'' 
portion of this preamble.
    The temporary regulations affect taxpayers who are required to file 
information returns on forms in the W-2 series (except Forms W-2G) and 
need an extension of time to file. These proposed regulations also 
affect taxpayers who need an extension of time to file any of the 
information returns listed in Sec.  1.6081-8T(a).
    The substance of the temporary regulations is incorporated in these 
proposed regulations. The preamble to the temporary regulations 
explains these amendments. These proposed regulations would also expand 
the rules in Sec.  1.6081-8T(b) to the other information returns, which 
are listed in Sec.  1.6081-8T(a).

[[Page 48473]]

Proposed Effective/Applicability Date

    The regulations, as proposed, would apply to requests for 
extensions of time to file information returns due on or after January 
1 of the calendar year immediately following the date of publication of 
a Treasury decision adopting these rules as final regulations in the 
Federal Register.

Special Analyses

    Certain IRS regulations, including this one, are exempt from the 
requirements of Executive Order 12866, as supplemented and reaffirmed 
by Executive Order 13563. 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 proposed regulations.
    Pursuant to the Regulatory Flexibility Act (5 U.S.C. chapter 6), it 
is hereby certified that this proposed rule, if adopted, would not have 
a significant economic impact on a substantial number of small 
entities. As stated in this preamble, the proposed regulations would 
remove the automatic 30-day extension of time to file certain 
information returns (Form W-2G, 1042-S, 1094-C, 1095-B, 1095-C, 1097 
series, 1098 series, 1099 series, 3921, 3922, 5498 series, and 8027). 
Under the proposed regulations, filers and transmitters would be 
permitted to request only one 30-day extension of time to file these 
information returns by timely submitting a Form 8809, including an 
explanation of the reasons for requesting the extension and signed 
under penalty of perjury. Although the proposed regulation may 
potentially affect a substantial number of small entities, the economic 
impact on these entities is not expected to be significant because 
filers who are unable to timely file as a result of extraordinary 
circumstances or catastrophe may continue to obtain a 30-day extension 
through the Form 8809 process, which takes approximately 20 minutes to 
prepare and submit to the IRS. Pursuant to section 7805(f) of the 
Internal Revenue Code, this notice of proposed rulemaking has 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 Hearing

    Before these proposed regulations are adopted as final regulations, 
consideration will be given to any comments that are submitted timely 
to the IRS as prescribed in the preamble under the ADDRESSES heading. 
Treasury and the IRS request comments on all aspects of the proposed 
regulations. All comments submitted will be made available at 
www.regulations.gov or upon request. 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 Jonathan R. Black of 
the Office of the Associate Chief Counsel (Procedure and 
Administration).

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 continues to read as 
follows:

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

    Par. 2. Section 1.6081-8 is revised to read as follows:


Sec.  1.6081-8  Extension of time to file certain information returns.

    (a) In general. Except as provided in paragraph (e) of this 
section, a person required to file an information return (the filer) on 
forms in the W-2 series (including Forms W-2, W-2AS, W-2G, W-2GU, and 
W-2VI), 1097 series, 1098 series, 1099 series, or 5498 series, or on 
Forms 1042-S, 1094-C, 1095-B, 1095-C, 3921, 3922, or 8027, or the 
person transmitting the information return for the filer (the 
transmitter), may only request one non-automatic 30-day extension of 
time to file the information return beyond the due date for filing it. 
To make such a request, the filer or transmitter must submit an 
application for an extension of time to file in accordance with 
paragraph (b) of this section. No additional extension of time to file 
will be allowed pursuant to Sec.  1.6081-1 beyond the 30-day extension 
of time to file provided by this paragraph.
    (b) Requirements. To satisfy this paragraph (b), a filer or 
transmitter must--
    (1) Submit a complete application on Form 8809, ``Application for 
Extension of Time to File Information Returns,'' or in any other manner 
prescribed by the Commissioner, including a detailed explanation of why 
additional time is needed;
    (2) File the application with the Internal Revenue Service in 
accordance with forms, instructions, or other appropriate guidance on 
or before the due date for filing the information return; and
    (3) Sign the application under penalties of perjury.
    (c) Penalties. See sections 6652, 6693, and 6721 through 6724 for 
failure to comply with information reporting requirements on 
information returns described in paragraph (a) of this section.
    (d) No effect on time to furnish statements. An extension of time 
to file an information return under this section does not extend the 
time for furnishing a statement to the person with respect to whom the 
information is required to be reported.
    (e) Form W-2 filed on expedited basis. This section does not apply 
to an information return on a form in the W-2 series if the procedures 
authorized in Rev. Proc. 96-57 (1996-2 CB 389) (or a successor revenue 
procedure) allow an automatic extension of time to file the information 
return. See Sec.  601.601(d)(2)(ii)(b) of this chapter.
    (f) Effective/applicability date. This section applies to requests 
for extensions of time to file information returns due on or after 
January 1 of the calendar year immediately following the date of 
publication of a Treasury decision adopting these rules as final 
regulations in the Federal Register.


Sec.  1.6081-8T  [Removed]

    Par. 3. Section 1.6081-8T is removed.

John Dalrymple,
Deputy Commissioner for Services and Enforcement.
[FR Doc. 2015-19933 Filed 8-12-15; 8:45 am]
 BILLING CODE 4830-01-P