[Federal Register Volume 82, Number 134 (Friday, July 14, 2017)]
[Notices]
[Pages 32602-32606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14823]


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DEPARTMENT OF THE TREASURY


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Multiple IRS Information Collection Requests

AGENCY: Departmental Offices, U.S. Department of the Treasury.

ACTION: Notice.

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SUMMARY: The Department of the Treasury will submit the following 
information collection requests to the Office of Management and Budget 
(OMB) for review and clearance in accordance with the Paperwork 
Reduction Act of 1995, on or after the date of publication of this 
notice. The public is invited to submit comments on these requests.

DATES: Comments should be received on or before August 14, 2017 to be 
assured of consideration.

ADDRESSES: Send comments regarding the burden estimate, or any other 
aspect of the information collection, including suggestions for 
reducing the burden, to (1) Office of Information and Regulatory 
Affairs, Office of Management and Budget, Attention: Desk Officer for 
Treasury, New Executive Office Building, Room 10235, Washington, DC 
20503, or email at [email protected] and (2) Treasury PRA 
Clearance Officer, 1750 Pennsylvania Ave. NW., Suite 8142, Washington, 
DC 20220, or email at [email protected].

FOR FURTHER INFORMATION CONTACT: Copies of the submissions may be 
obtained from Jennifer Leonard by emailing [email protected], calling 
(202) 622-0489, or viewing the entire information collection request at 
www.reginfo.gov.

SUPPLEMENTARY INFORMATION: 

Internal Revenue Service (IRS)

    Title: TD 8612 (PS-102-88)--Income, Gift and Estate Tax.
    OMB Control Number: 1545-1360.

[[Page 32603]]

    Type of Review: Extension without change of a currently approved 
collection.
    Abstract: This regulation concerns the availability of the gift and 
estate tax marital deduction when the donee spouse or the surviving 
spouse is not a United States citizen. The regulation provides guidance 
to individuals or fiduciaries: (1) For making a qualified domestic 
trust election on the estate tax return of a decedent whose surviving 
spouse is not a United States citizen in order that the estate may 
obtain the marital deduction, and (2) for filing the annual returns 
that such an election may require.
    Form: None.
    Affected Public: Individuals or Households.
    Estimated Total Annual Burden Hours: 6,150.

    Title: Renewable Electricity, Refined Coal, and Indian Coal 
Production Credit.
    OMB Control Number: 1545-1362.
    Type of Review: Revision of a currently approved collection.
    Abstract: Filers claiming the general business credit for 
electricity produced from certain renewable resources under Internal 
Revenue Code sections 38 and 45 must file Form 8835.
    Form: 8835.
    Affected Public: Businesses or other for-profits.
    Estimated Total Annual Burden Hours: 8,720.

    Title: Consent To Extend the Time To Assess Tax Under Section 367--
Gain Recognition Agreement.
    OMB Control Number: 1545-1395.
    Type of Review: Extension without change of a currently approved 
collection.
    Abstract: Form 8838 is used to extend the statute of limitations 
for U.S. persons who transfer stock or securities to a foreign 
corporation. The form is filed when the transferor makes a gain 
recognition agreement. This agreement allows the transferor to defer 
the payment of tax on the transfer. The IRS uses Form 8838 so that it 
may assess tax against the transferor after the expiration of the 
original statute of limitations.
    Form: 8838.
    Affected Public: Businesses or other for-profits.
    Estimated Total Annual Burden Hours: 5,482.

    Title: PS-268-82 (TD 8696) Definitions Under Subchapter S of the 
Internal Revenue Code.
    OMB Control Number: 1545-1462.
    Type of Review: Extension without change of a previously approved 
collection.
    Abstract: The regulations provide definitions and special rules 
under Code section 1377 which affect S corporations and their 
shareholders.
    Form: None.
    Affected Public: Businesses or other for-profits.
    Estimated Total Annual Burden Hours: 1,000.

    Title: TD 8960 (Final)--Deductibility, Substantiation, and 
Disclosure of Certain Charitable Contributions.
    OMB Control Number: 1545-1464.
    Type of Review: Extension without change of a currently approved 
collection.
    Abstract: The final regulation provides guidance regarding the 
allowance of certain charitable contribution deductions, the 
substantiation requirements for charitable contributions of $250 or 
more, and the disclosure requirements for quid pro quo contributions of 
$75 or more. These regulations will affect donee organizations and 
individuals and entities that make payments to donee organizations.
    Form: None.
    Affected Public: Individuals or Households.
    Estimated Total Annual Burden Hours: 1,957,000.

    Title: Certain Transfers of Domestic Stock or Securities by U.S. 
Persons to Foreign Corporations--INTL-9-95 (TD 8702--Final).
    OMB Control Number: 1545-1478.
    Type of Review: Extension without change of a currently approved 
collection.
    Abstract: Transfers of stock or securities by U.S. persons in tax-
free transactions are treated as taxable transactions when the acquirer 
is a foreign corporation, unless an exception applies (section 367(a)). 
Under the regulations, no U.S. person will qualify for an exception 
unless the U.S. target company complies with certain reporting 
requirements.
    Form: None.
    Affected Public: Businesses or other for-profits.
    Estimated Total Annual Burden Hours: 1,000.

    Title: TD 8855--Communications Excise Tax; Prepaid Telephone Cards 
(Previously REG-118620-97).
    OMB Control Number: 1545-1628.
    Type of Review: Extension without change of a previously approved 
collection.
    Abstract: Carriers must keep certain information documenting their 
sales of prepaid telephone cards to other carriers to avoid 
responsibility for collecting tax. The regulations provide rules for 
the application of the communication excise tax to prepaid telephone 
cards.
    Form: None.
    Affected Public: Businesses or other for-profits.
    Estimated Total Annual Burden Hours: 34.

    Title: Paid Preparer's Due Diligence Checklist.
    OMB Control Number: 1545-1629.
    Type of Review: Extension without change of a currently approved 
collection.
    Abstract: Form 8867 helps preparer's meet the due diligence 
requirements of Code section 6695(g), which was added by section 
1085(a)(2) of the Taxpayer Relief Act of 1997. Paid preparer's of 
Federal income tax returns or claims for refund involving the earned 
income credit (EIC) must meet the due diligence requirements in 
determining if the taxpayer is eligible for the EIC and the amount of 
the credit. Failure to do so could result in a $510 penalty for each 
failure. Completion of Form 8867 is one of the due diligence 
requirements.
    Form: 8867.
    Affected Public: Businesses or other for-profits.
    Estimated Total Annual Burden Hours: 17,824,793.

    Title: TD 8853 (Final), Recharacterizing Financing Arrangements 
Involving Fast-Pay Stock.
    OMB Control Number: 1545-1642.
    Type of Review: Extension without change of a currently approved 
collection.
    Abstract: Section 1.7701(I)-3 recharacterizes fast-pay 
arrangements. Certain participants in such arrangements must file a 
statement that includes the name of the corporation that issued the 
fast-pay stock, and (to the extent the filing taxpayer knows or has 
reason to know) the terms of the fast-pay stock, the date on which it 
was issued, and the names and taxpayer identification numbers of any 
shareholders of any class of stock that is not traded on an established 
securities market.
    Form: None.
    Affected Public: Businesses or other for-profits.
    Estimated Total Annual Burden Hours: 50.

    Title: Request for Recovery of Overpayments Under Arbitrage Rebate 
Provisions.
    OMB Control Number: 1545-1750.
    Type of Review: Extension without change of a currently approved 
collection.
    Abstract: Under Treasury Regulations section 1.148-3(i), bond 
issuers may recover an overpayment of arbitrage

[[Page 32604]]

rebate paid to the United States under Internal Revenue Code section 
148. Form 8038-R is used to request recovery of any overpayment of 
arbitrage rebate made under the arbitrage rebate provisions.
    Form: 9038-R.
    Affected Public: State, Local, and Tribal Governments.
    Estimated Total Annual Burden Hours: 2,458.

    Title: Revenue Procedure 2008-38, Revenue Procedure 2008-39, 
Revenue Procedure 2008-40, Revenue Procedure 2008-41, Revenue Procedure 
2008-42.
    OMB Control Number: 1545-1752.
    Type of Review: Extension without change of a currently approved 
collection.
    Abstract: RP 2008-40 allows issuers of life insurance contracts 
that have failed to meet the definition of life insurance contract 
under section 7702 or to satisfy the requirements of section 101(f) of 
the IRC to cure these contracts so that they do not fail section 7702 
or section 101(f). RP 2008-38 allows issuers of variable contracts that 
have failed to meet the diversification requirements of section 817(h) 
to cure these contracts so that they do not fail section 817(h). RP 
2008-39 allows issuers of life insurance contracts whose contracts have 
failed to meet the tests of section 7702A to cure these contracts that 
have inadvertently become modified endowment contracts. Rev. Proc. 
2008-41 provides a procedure by which an issuer of a variable contract 
may remedy an inadvertent failure of a variable contract to meet the 
diversification requirements of section 817(h). RP 2008-42 provides 
guidance.
    Form: None.
    Affected Public: Businesses or other for-profits.
    Estimated Total Annual Burden Hours: 5,950.

    Title: TD 9327 (Final)--Disclosure of Returns and Return 
Information in Connection With Written Contracts or Agreements for the 
Acquisition of Property and Services for Tax Administration.
    OMB Control Number: 1545-1821.
    Type of Review: Extension without change of a currently approved 
collection.
    Abstract: Final regulation clarifies that redisclosures of returns 
and return information by contractors to agents or subcontractors are 
permissible, and that the penalty provisions, written notification 
requirements, and safeguard requirements are applicable to these agents 
and subcontractors. Section 301.6103(n)-1(e)(3) of the regulations 
require that before the execution of a contract or agreement for the 
acquisition of property or services under which returns or return 
information will be disclosed, the contract or agreement must be made 
available to the IRS.
    Form: None.
    Affected Public: State, Local, and Tribal Governments.
    Estimated Total Annual Burden Hours: 250.

    Title: Entry of Taxable Fuel (REG-120616-03; TD 9346).
    OMB Control Number: 1545-1897.
    Type of Review: Extension without change of a currently approved 
collection.
    Abstract: Treasury Decision 9346 contains final regulations 
relating to the tax on the entry of taxable fuel (gasoline, diesel 
fuel, and kerosene), into the United States. The final regulations 
affect enterers of taxable fuel, other importers, and certain sureties.
    Section 4081(a)(1)(A)(iii) imposes a tax on the entry into the 
United States of any taxable fuel, for consumption, use, or 
warehousing. This collection of information allows certain importers of 
record and sureties to avoid liability for the tax on the entry of 
taxable fuel into the United
    States. Section 48.4081 3(c)(2)(iii) provides that if an importer 
of record has an unexpired notification certificate (as described in 
Sec.  48.4081 5) from the enterer and has no reason to believe that any 
information in the notification certificate is false, the importer of 
record will not be liable for the tax on the entry of taxable fuel. 
Section 48.4081-3(c)(2)(iv) provides that a Customs bond posted with 
respect to the importation of fuel will not be charged for the tax 
imposed on the entry of fuel if the enterer is a taxable fuel 
registrant. If a surety has an unexpired notification certificate (as 
described in Sec.  48.4081-5) from the enterer and has no reason to 
believe that any information in the notification certificate is false, 
the surety bond will not be charged for the tax imposed on the entry of 
taxable fuel.
    Form: None.
    Affected Public: Businesses or other for-profits.
    Estimated Total Annual Burden Hours: 281.

    Title: Revenue Procedure 2004-47, Simplified Alternate Procedure 
for Making Late Reverse QTIP Election.
    OMB Control Number: 1545-1898.
    Type of Review: Extension without change of a currently approved 
collection.
    Abstract: This revenue procedure provides a simplified alternate 
procedure (in lieu of requesting a letter ruling) for certain executors 
of estates and trustees of trusts to request relief to make a late 
reverse qualified terminable interest property (QTIP) election under 
section 2652 of the Code.
    Form: None.
    Affected Public: Individuals or Households.
    Estimated Total Annual Burden Hours: 54.

    Title: Revenue Procedure 2007-35--Statistical Sampling for Purposes 
of Section 199.
    OMB Control Number: 1545-2072.
    Type of Review: Extension without change of a currently approved 
collection.
    Abstract: The revenue procedure provides for determining when 
statistical sampling may be used for purposes of Internal Revenue Code 
section 199, which provides a deduction for income attributable to 
domestic production activities, and establishes acceptable statistical 
sampling methodologies. The collection of information in the revenue 
procedure involves a recordkeeping requirement for taxpayers that use 
statistical sampling under section 199.
    Form: None.
    Affected Public: Businesses or other for-profits.
    Estimated Total Annual Burden Hours: 2,400.

    Title: Disclosure by Tax-Exempt Entity Regarding Prohibited Tax 
Shelter Transaction.
    OMB Control Number: 1545-2078.
    Type of Review: Extension without change of a currently approved 
collection.
    Abstract: Certain tax-exempt entities are required to file Form 
8886-T to disclose information for each prohibited tax shelter 
transaction to which the entity was a party.
    Form: 8886-T.
    Affected Public: Not-for-Profit institutions.
    Estimated Total Annual Burden Hours: 70,395.

    Title: Form 8879-EX, IRS e-file Signature Authorization for Forms 
720, 2290, and 8849.
    OMB Control Number: 1545-2081.
    Type of Review: Extension without change of a currently approved 
collection.
    Abstract: The Form 8879-EX, IRS e-file Signature Authorization for 
Forms 720, 2290, and 8849 is used in the Modernized e-File program. 
Form 8879-EX authorizes a taxpayer and an electronic return originator 
(ERO) to use a personal identification number (PIN) to electronically 
sign an electronic excise tax return and, if applicable, authorize an 
electronic funds withdrawal.

[[Page 32605]]

    Form: 8879-EX.
    Affected Public: Businesses or other for-profits.
    Estimated Total Annual Burden Hours: 46,800.

    Title: TD 9512 (Final)--Nuclear Decommissioning Funds.
    OMB Control Number: 1545-2091.
    Type of Review: Extension without change of a currently approved 
collection.
    Abstract: Statutory changes under section 468A of the Internal 
Revenue Code permit taxpayers that have been subject to limitations on 
contributions to qualified nuclear decommissioning funds in previous 
years to make a contribution to the fund of the previously-excluded 
amount. The final regulation provides guidance concerning the 
calculation of the amount of the contribution and the manner of making 
the contribution.
    Form: None.
    Affected Public: Businesses or other for-profits.
    Estimated Total Annual Burden Hours: 2,500.

    Title: Loss on Subsidiary Stock--REG-157711-02 (TD 9424--Final).
    OMB Control Number: 1545-2096.
    Type of Review: Extension without change of a currently approved 
collection.
    Abstract: This document contains final regulations under sections 
358, 362(e)(2), and 1502 of the Internal Revenue Code (Code). The 
regulations apply to corporations filing consolidated returns, and 
corporations that enter into certain tax-free reorganizations. The 
regulations provide rules for determining the tax consequences of a 
member's transfer (including by deconsolidation and worthlessness) of 
loss shares of subsidiary stock. In addition, the regulations provide 
that section 362(e)(2) generally does not apply to transactions between 
members of a consolidated group. Finally, the regulations conform or 
clarify various provisions of the consolidated return regulations, 
including those relating to adjustments to subsidiary stock basis.
    Form: None.
    Affected Public: Businesses or other for-profits.
    Estimated Total Annual Burden Hours: 25.

    Title: (TD 9489) REG-118412-10--Interim Final Rules for Group 
Health Plans and Health Insurance Coverage Relating to Status as a 
Grandfathered Health Plan under the Patient Protection and Affordable 
Care Act.
    OMB Control Number: 1545-2178.
    Type of Review: Revision of a currently approved collection.
    Abstract: This document contains final regulations implementing the 
rules for group health plans and health insurance coverage in the group 
and individual markets under provisions of the Patient Protection and 
Affordable Care Act regarding status as a grandfathered health plan.
    Form: None.
    Affected Public: Businesses or other for-profits.
    Estimated Total Annual Burden Hours: 2,220.

    Title: Patient Protection and Affordable Care Act Patient 
Protection Notice--Final Rule--(TD 9744).
    OMB Control Number: 1545-2181.
    Type of Review: Revision of a currently approved collection.
    Abstract: The Patient Protection Notice is used by health plan 
sponsors and issuers to notify certain individuals of their right to 
(1) choose a primary care provider or a pediatrician when a plan or 
issuer requires participants or subscribers to designate a primary care 
physician; or (2) obtain obstetrical or gynecological care without 
prior authorization.
    Form: None.
    Affected Public: Businesses or other for-profits.
    Estimated Total Annual Burden Hours: 5,173.

    Title: Form 8946, PTIN Supplemental Application for Foreign Persons 
Without a Social Security Number.
    OMB Control Number: 1545-2189.
    Type of Review: Revision of a currently approved collection.
    Abstract: Paid preparers that are nonresident aliens and cannot get 
a social security number will need to establish their identity prior to 
getting a Preparer Tax Identification Number (PTIN). Form 8946 is being 
created to assist that population with establishing their identity 
while applying for a PTIN.
    Form: 8946.
    Affected Public: Individuals or Households.
    Estimated Total Annual Burden Hours: 20,584.

    Title: Tax Credit for Employee Health Insurance Expenses of Small 
Employers.
    OMB Control Number: 1545-2198.
    Type of Review: Extension without change of a currently approved 
collection.
    Abstract: Section 45R of the Internal Revenue Code (Code) offers a 
tax credit to certain small employers that provide insured health 
coverage to their employees. Section 45R was added to the Code by 
section 1421 of the Patient Protection and Affordable Care Act, enacted 
March 23, 2010, Public Law 111-148 (as amended by section 10105(e) of 
the Patient Protection and Affordable Care Act, which was amended by 
the Health Care and Education Reconciliation Act of 2010, Pub. L. 111-
152 (124 Stat. 1029)) (collectively, the ``Affordable Care Act''). 
Eligible small employers use Form 8941 to figure the credit for small 
employer health insurance premiums for tax years.
    Form: 8941.
    Affected Public: Businesses or other for-profits.
    Estimated Total Annual Burden Hours: 34,278,346.

    Title: Reinstatement and Retroactive Reinstatement for Reasonable 
Cause (Rev. Proc. 2014-11) and Transitional Relief for Small 
Organizations (Notice 2011-43) under IRC Sec.  6033(j).
    OMB Control Number: 1545-2206.
    Type of Review: Extension without change of a currently approved 
collection.
    Abstract: This revenue procedure provides procedures for 
reinstating the tax-exempt status of organizations that have had their 
tax-exempt status automatically revoked under section 6033(j) of the 
Internal Revenue Code for failure to file required annual returns or 
notices for three consecutive years. The revenue procedure prescribes 
certain circumstances under which an organization can have its tax-
exempt status retroactively reinstated to the date of revocation. 
Notice 2011-44 is modified. Notice 2011-44 provides guidance with 
respect to applying for reinstatement of tax-exempt status and 
requesting retroactive reinstatement under sections 6033(j)(2) and (3) 
of the Internal Revenue Code for an organization that has had its tax-
exempt status automatically revoked under section 6033(j)(1) of the 
Code. The Treasury Department and the Internal Revenue Service intend 
to issue regulations under section 6033(j) that will prescribe rules 
relating to the application for reinstatement of tax-exempt status 
under section 6033(j)(2) and the request for retroactive reinstatement 
under section 6033(j)(3). Notice 2011-43 provides transitional relief 
for certain small organizations that have lost their tax-exempt status 
because they failed to file a required annual electronic notice (Form 
990-N e-Postcard) for taxable years beginning in 2007, 2008 and 2009. A 
small organization--that is, one that normally has annual gross 
receipts of not more than $50,000 in its most recently completed 
taxable year that qualifies for the transitional relief under this 
notice and applies for reinstatement of tax-exempt status by December 
31, 2012,

[[Page 32606]]

will be treated by the Internal Revenue Service as having established 
reasonable cause for its filing failures and its tax-exempt status will 
be reinstated retroactive to the date it was automatically revoked.
    Form: None.
    Affected Public: Not-for-profit institutions.
    Estimated Total Annual Burden Hours: 6,206.

    Title: Volunteer Income Tax Assistance (VITA) and Tax Counseling 
for the Elderly (TCE) Programs.
    OMB Control Number: 1545-2222.
    Type of Review: Revision of a currently approved collection.
    Abstract: The Internal Revenue Service offers free assistance with 
tax return preparation and tax counseling using specially trained 
volunteers. The Volunteer Income Tax Assistance (VITA) and Tax 
Counseling for the Elderly (TCE) programs assist seniors and 
individuals with low to moderate incomes, those with disabilities, and 
those for whom English is a second language. Using these forms will 
provide consistent information that is needed when potential VITA/TCE 
volunteers submit their interest in volunteering to represent the IRS 
when they prepare tax returns during filing season.
    Forms: 14310, 9653, 8654, 14204, 13715, and 13206.
    Affected Public: Individuals or Households, Not-for-profit 
institutions.
    Estimated Total Annual Burden Hours: 16,067.

    Authority:  44 U.S.C. 3501 et seq.

    Dated: July 11, 2017.
Jennifer P. Leonard,
Treasury PRA Clearance Officer.
[FR Doc. 2017-14823 Filed 7-13-17; 8:45 am]
 BILLING CODE 4830-01-P