[Federal Register Volume 82, Number 79 (Wednesday, April 26, 2017)]
[Presidential Documents]
[Pages 19317-19318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08586]



[[Page 19315]]

Vol. 82

Wednesday,

No. 79

April 26, 2017

Part II





The President





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Executive Order 13789--Identifying and Reducing Tax Regulatory Burdens
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  Federal Register / Vol. 82 , No. 79 / Wednesday, April 26, 2017 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 19317]]

                Executive Order 13789 of April 21, 2017

                
Identifying and Reducing Tax Regulatory Burdens

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered as follows:

                Section 1. Policy. The Federal tax system should be 
                simple, fair, efficient, and pro-growth. The purposes 
                of tax regulations should be to bring clarity to the 
                already complex Internal Revenue Code (title 26, United 
                States Code) and to provide useful guidance to 
                taxpayers. Contrary to these purposes, numerous tax 
                regulations issued over the last several years have 
                effectively increased tax burdens, impeded economic 
                growth, and saddled American businesses with onerous 
                fines, complicated forms, and frustration. Immediate 
                action is necessary to reduce the burden existing tax 
                regulations impose on American taxpayers and thereby to 
                provide tax relief and useful, simplified tax guidance.

                Sec. 2. Addressing Tax Regulatory Burdens. (a) In 
                furtherance of the policy described in section 1 of 
                this order, the Secretary of the Treasury (Secretary) 
                shall immediately review all significant tax 
                regulations issued by the Department of the Treasury on 
                or after January 1, 2016, and, in consultation with the 
                Administrator of the Office of Information and 
                Regulatory Affairs, Office of Management and Budget, 
                identify in an interim report to the President all such 
                regulations that:

(i) impose an undue financial burden on United States taxpayers;

(ii) add undue complexity to the Federal tax laws; or

(iii) exceed the statutory authority of the Internal Revenue Service.

                This interim report shall be completed no later than 60 
                days from the date of this order. In conducting the 
                review required by this subsection, earlier 
                determinations of whether a regulation is significant 
                pursuant to Executive Order 12866 of September 30, 
                1993, as amended (Regulatory Planning and Review), 
                shall not be controlling.

                    (b) No later than 150 days from the date of this 
                order, the Secretary shall prepare and submit a report 
                to the President that recommends specific actions to 
                mitigate the burden imposed by regulations identified 
                in the interim report required under subsection (a) of 
                this section. The Secretary shall also publish this 
                report in the Federal Register upon submitting it to 
                the President. The Secretary shall take appropriate 
                steps to cause the effective date of such regulations 
                to be delayed or suspended, to the extent permitted by 
                law, and to modify or rescind such regulations as 
                appropriate and consistent with law, including, if 
                necessary, through notice and comment rulemaking. The 
                Secretary shall submit for publication in the Federal 
                Register a summary of the actions taken in response to 
                the report no later than 10 days following the 
                finalization of such actions. Should all such actions 
                not be finalized within 180 days following the 
                submission of the report to the President, the 
                Secretary shall submit for publication in the Federal 
                Register an initial report summarizing the actions 
                taken to that point.
                    (c) To ensure that future tax regulations adhere to 
                the policy described in section 1 of this order, the 
                Secretary and the Director of the Office of Management 
                and Budget shall review and, if appropriate, reconsider 
                the scope and implementation of the existing exemption 
                for certain tax regulations from the review process set 
                forth in Executive Order 12866 and any successor order.

[[Page 19318]]

                    (d) The Secretary shall cause section 
                32.1.5.4.7.5.3 of the Internal Revenue Manual to be 
                revised, if necessary to fulfill the directives in 
                subsection (c) of this section.

                Sec. 3. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.
                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    April 21, 2017.

[FR Doc. 2017-08586
Filed 4-25-17; 11:15 am]
Billing code 3295-F7-P