[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)]
[Rules and Regulations]
[Pages 33441-33448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15209]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 1 and 31
[TD 9821]
RIN 1545-BN13
Return Due Date and Extended Due Date Changes
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Final and temporary regulations.
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SUMMARY: This document contains final and temporary regulations that
update the due dates and extensions of time to file certain tax returns
and information returns. The dates are updated to reflect the new
statutory requirements set by section 2006 of the Surface
Transportation and Veterans Health Care Choice Improvement Act of 2015
and section 201 of the Protecting Americans from Tax Hikes Act of 2015.
These regulations affect taxpayers who file Form W-2 (series, except
Form W-2G), Form W-3, Form 990 (series), Form 1099-MISC, Form 1041,
Form 1041-A, Form 1065, Form 1120 (series), Form 4720, Form 5227, Form
6069, Form 8804, or Form 8870.
DATES: Effective Date: These regulations are effective July 20, 2017.
Applicability Date: For dates of applicability, see Sec. Sec.
1.1446-3T(g)-(h), 1.6012-6T(c)-(d), 1.6031(a)-1T(f)-(g), 1.6032-1T(b)-
(c), 1.6033-2T(k)-(l), 1.6041-2T(d)-(e), 1.6041-6T(c)-(d), 1.6072-
2T(g)-(h), 1.6081-1T(c)-(d), 1.6081-2T(h)-(i), 1.6081-3T(g)-(h),
1.6081-5T(f)-(g), 1.6081-6T(g)-(h), 1.6081-9T(f)-(g), and 31.6071(a)-
1T(g)-(h). For additional information, see the dates of applicability
section of this preamble.
FOR FURTHER INFORMATION CONTACT: Concerning these temporary
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
These updates to the regulations reflect changes in tax return due
dates enacted by section 2006 of the Surface Transportation and
Veterans Health Care Choice Improvement Act of 2015 (the Surface
Transportation Act), Public Law 114-41, 129 Stat. 443 (2015), as well
as changes to information return due dates enacted by section 201 of
the Protecting Americans from Tax Hikes Act of 2015 (PATH Act), Public
Law 114-113, Div. Q, 129 Stat. 2242 (2015).
Prior to amendment by the Surface Transportation Act, section
6072(a) provided that the income tax returns of partnerships (generally
Form 1065, ``U.S. Return of Partnership Income''), trusts and estates
(generally Form 1041, ``U.S. Income Tax Return for Estates and
Trusts''), and individuals (generally Form 1040, ``U.S. Individual
Income Tax Return'') were due on the fifteenth day of the fourth month
following the close of the taxable year (April 15 for calendar-year
taxpayers). Section 6072(b) generally provided that the income tax
returns of corporations (most forms in the Form 1120 series) were due
on the fifteenth day of the third month following the close of the
taxable year (March 15 for calendar-year taxpayers).
Under section 6081(a), the Secretary generally has authority to
grant a reasonable extension of time of up to six months for filing any
return, statement, or other document (longer in the case of taxpayers
who are abroad). Additionally, prior to amendment by the Surface
Transportation Act, section 6081(b) provided for a three-month
automatic extension of time to file for all corporations.
Immediately prior to the enactment of the Surface Transportation
Act, Sec. 1.6081-2 provided an automatic five-month extension of time
to file Form 1065 and Form 8804, ``Annual Return for Partnership
Withholding Tax (Section 1446),'' Sec. 1.6081-3 provided a six-month
automatic extension of time to file the income tax return of all
corporations (three months longer than the minimum three-month
automatic extension), and Sec. 1.6081-6 provided an automatic five-
month extension of time to file Form 1041, such that the extended due
date of these returns was the fifteenth day of the ninth month after
the close of the taxable year (September 15 for calendar-year
taxpayers). Section 1.6081-4 provided an automatic six-month extension
of time to file individual income tax returns, such that the extended
due date of an individual's return was the fifteenth day of the tenth
month after the close of the taxable year (October 15 for calendar-year
taxpayers).
The amendments to section 6072(b) of the Internal Revenue Code made
by section 2006(a) of the Surface Transportation Act change the due
date for filing an income tax return by a C corporation from the
fifteenth day of the third month following the close of the taxable
year (March 15 for calendar-year taxpayers) to the fifteenth day of the
fourth month following the close of the taxable year (April 15 for
calendar-year taxpayers). The amendments also change the due date for
filing an income tax return by a partnership from the fifteenth day of
the fourth month following the close of the taxable year (April 15 for
calendar-year taxpayers) to the fifteenth day of the third month
following the close of the taxable year (March 15 for calendar-year
taxpayers). Generally these amendments apply to returns for taxable
years beginning after December 31, 2015. However, for any C corporation
with a taxable year ending on June 30, these amendments apply to
returns for taxable years beginning after December 31, 2025.
Section 2006(b) of the Surface Transportation Act provides that for
taxable years beginning after December 31, 2015, the Secretary of the
Treasury, or the Secretary's designee, shall modify appropriate
regulations regarding the due dates of certain returns and the maximum
extensions of time to file certain returns, as specified in that
section.
Section 2006(c) of the Surface Transportation Act generally changes
the automatic extension of time to file the tax return of a C
corporation provided by section 6081(b) from three months to six
months. However, there are exceptions for C corporations with taxable
years that begin before January 1, 2026. These statutory exceptions are
(1) if a C corporation files for a calendar year, the automatic
extension is five months; and (2) if the C corporation files
[[Page 33442]]
for a taxable year that ends on June 30, the automatic extension is
seven months. These amendments apply to income tax returns for taxable
years beginning after December 31, 2015.
Prior to enactment of the PATH Act, the due dates for filing forms
in the Form W-2 series, Form W-3, and Form 1099-MISC on paper were
either February 28 or the last day of February of the calendar year
following the calendar year for which the information was being
reported. See Sec. 1.6041-2(a)(3)(ii) (Form W-2 not subject to FICA);
Sec. 31.6071(a)-1(a)(3)(i) (Form W-2 subject to FICA); and Sec.
1.6041-6 (Form 1099-MISC). The due date for filing these information
returns electronically was March 31 of the calendar year following the
calendar year for which the information was being reported. See section
6071(b) prior to amendment by the PATH Act.
Section 201(a) and (c) of the PATH Act amended section 6071(b) and
added new section 6071(c) to change the due date for information
returns in the Form W-2 series, Form W-3, and ``any returns or
statements required by the Secretary to report nonemployee
compensation.'' Nonemployee compensation is currently reportable in box
7 of Form 1099-MISC. The amendments are effective for information
returns for calendar years beginning after 2015. Under new section
6071(c), the new due date for returns in the Form W-2 series, Form W-3,
and Forms 1099-MISC that report nonemployee compensation is January 31
of the calendar year following the calendar year for which the
information is being reported, regardless of whether the returns are
filed on paper or electronically. The due date for information returns
on Forms 1099-MISC that do not report nonemployee compensation remains
unchanged.
Explanation of Provisions
I. Section 2006 of the Surface Transportation Act
A. Partnership and Corporate Tax Returns
These temporary regulations amend Sec. 1.6072-2 to account for the
due dates for the income tax returns of C corporations specified by
section 2006(a) of the Surface Transportation Act. Under Sec. 1.6072-
2T, except in the case of a C corporation that has a taxable year that
ends on June 30, the last date for filing the income tax return of a C
corporation is the fifteenth day of the fourth month following the
close of the taxable year.
Additionally, Sec. 1.6081-3T conforms to amended section 6081(b)
by providing a seven-month automatic extension of time to file the
income tax return of any C corporation with a taxable year that ends on
June 30 and before January 1, 2026. Prior to the Surface Transportation
Act and these temporary regulations, Sec. 1.6081-3 relied on the
Secretary's authority under section 6081(a) to provide for a six-month
automatic extension of time to file for all corporations, despite
section 6081(b) only requiring an automatic three-month extension.
Similarly, these temporary regulations provide a six-month automatic
extension of time to file a return for all corporations, except for C
corporations that have a tax year that ends on June 30 and before
January 1, 2026.
As a matter of administrative necessity, the return for a short
period (within the meaning of section 443) that ends on any day in June
is treated as if it is the return for a taxable year ending on June 30
for purposes of the last date for filing the income tax return of a C
corporation under Sec. 1.6072-2 and the duration of the extension of
time to file the income tax return of a C corporation under Sec.
1.6081-3.
Section 2006(b)(1) of the Surface Transportation Act specifies a
maximum extension of time to file of six months for partnerships filing
Form 1065. Accordingly, Sec. 1.6081-2T provides that partnerships may
obtain an automatic six-month extension of time to file Forms 1065 and
8804 if the partnership files an application in accordance with Sec.
1.6081-2(b).
B. Form 1041, ``U.S. Income Tax Return for Estates and Trusts''
Section 2006(b)(2) of the Surface Transportation Act requires the
Secretary to amend appropriate regulations to provide that the maximum
extension of time for the returns of trusts filing Form 1041 is five
and one-half months (ending on September 30 in the case of calendar-
year filers). Section 1.6081-6(a)(1) provides an automatic five-month
extension of time for a non-bankruptcy estate or a trust to file this
return, provided that the estate or trust files an application in
accordance with Sec. 1.6081-6(b). To implement section 2006(b)(2) of
the Surface Transportation Act and provide consistency for automatic
extensions for non-bankruptcy estates and trusts filing Form 1041,
Sec. 1.6081-6T(a)(1) provides both non-bankruptcy estates and trusts
an automatic five and one-half month extension of time to file a Form
1041, provided that the estate or trust files an application in
accordance with Sec. 1.6081-6(b). These regulations do not amend Sec.
1.6081-6(a)(2), which addresses bankruptcy estates filing Form 1041.
C. Exempt Organizations
Section 2006(b)(4) through (b)(8) of the Surface Transportation Act
requires the Secretary to modify appropriate regulations to provide a
maximum six-month automatic extension of time to file returns of tax
exempt organizations that were eligible for an automatic extension
under Sec. 1.6081-9 (except Form 1041-A, ``U.S. Information Return-
Trust Accumulation of Charitable Amounts,'' which section 2006 of the
Surface Transportation Act does not address). These returns are those
in the Form 990 series (Form 990, ``Return of Organization Exempt From
Income Tax,'' Form 990-BL, ``Information and Initial Excise Tax Return
for Black Lung Benefit Trusts and Certain Related Persons,'' Form 990-
EZ, ``Short Form Return of Organization Exempt From Income Tax,'' Form
990-PF, ``Return of Private Foundation,'' and Form 990-T, ``Exempt
Organization Business Tax Return''), Form 4720, ``Return of Certain
Excise Taxes Under Chapters 41 and 42 of the Internal Revenue Code,''
Form 5227, ``Split-Interest Trust Information Return,'' Form 6069,
``Return of Excise Tax on Excess Contributions to Black Lung Benefit
Trust Under Section 4953 and Computation of Section 192 Deduction,''
and Form 8870, ``Information Return for Transfers Associated With
Certain Personal Benefit Contracts.''
Section 1.6081-9 provided a six-month automatic extension of time
to file the Form 990-T, but provided only a three-month automatic
extension of time to file the other forms (including the Form 1041-A).
To implement the Surface Transportation Act and for consistency, Sec.
1.6081-9T provides an automatic six-month extension of time to file all
of these forms if the exempt organization files an application in
accordance with Sec. 1.6081-9(b).
Also, for administrative convenience and to provide filers of Form
1120-POL, ``U.S. Tax Return for Certain Political Organizations,'' with
an automatic extension of time to file that is consistent with the
automatic extension of time to file applicable to other exempt
organization returns identified above, the automatic extension of time
to file Form 1120-POL is removed from the forms eligible for an
extension of time to file under Sec. 1.6081-3 and added to the forms
eligible for a six-month extension of time to file under Sec. 1.6081-
9T.
[[Page 33443]]
D. Surface Transportation Act Provisions Not Addressed by These
Regulations
Section 2006(b)(3) of the Surface Transportation Act requires the
Secretary to amend appropriate regulations to provide that the maximum
extension for returns of employee benefit plans filing Form 5500,
``Annual Return/Report of Employee Benefit Plan,'' is an automatic
three and one-half-month period (ending on November 15 in the case of
calendar-year plans). Section 32104 of the FAST Act, Public Law 114-94,
129 Stat. 1312 (2015), repealed section 2006(b)(3) of the Surface
Transportation Act effective for returns for taxable years beginning
after December 31, 2015, such that the provision never took effect.
Currently, Sec. 1.6081-11 provides a two and one-half month extension
of time to file Form 5500 if the administrator or sponsor files an
application in accordance with Sec. 1.6081-11(b), and these
regulations do not amend that provision.
Section 2006(b)(9) of the Surface Transportation Act requires the
Secretary to provide that the due date for Form 3520-A , ``Annual
Information Return of Foreign Trust with a US Owner,'' shall be the
fifteenth day of the third month after the close of the trust's taxable
year with a maximum extension of time to file of six months. Although
Sec. 404.6048-1(c)(1) provides that the due date of this return is the
fifteenth day of the fourth month following the close of the taxable
year, the form's instructions currently provide that the due date of
this return is the fifteenth day of the third month following the close
of the taxable year. Additionally, Sec. 301.6081-2 provides for a six-
month extension of time to file this return if the trust files an
application in accordance with Sec. 301.6081-2(b).
Section 2006(b)(10) of the Surface Transportation Act requires the
Secretary to provide that the due date for Form 3520, ``Annual Return
to Report Transactions with Foreign Trusts and Receipt of Foreign
Gifts,'' for calendar year filers shall be April 15 with a maximum
extension of time to file of six months ending on October 15. The
form's instructions currently provide that the due date of this return
is the due date of the taxpayer's income tax return (in the case of a
decedent, the decedent's estate and gift tax return), including any
extension of time to file, and there are no regulations under section
6081 providing a separate extension of time to file this return. The
due dates for the Forms 3520-A and 3520 and the extension of time to
file the Form 3520 will be addressed in a separate regulations project.
Therefore, these regulations do not affect Forms 3520-A and 3520.
Section 2006(b)(11) of the Surface Transportation Act requires that
the Secretary provide a due date of April 15 with a maximum extension
of time to file of six months, ending on October 15, and a provision
for extension rules similar to those in Sec. 1.6081-5 (extension of
time to file and pay until June 15 if taxpayer is out of the country),
for FinCEN Report 114, ``Report of Foreign Bank and Financial
Accounts.'' Further, for any taxpayer required to file this return for
the first time, section 2006(b)(11) of the Surface Transportation Act
provides that the Secretary may waive any penalty for failure to timely
request an extension.
On March 10, 2016, FinCEN published a notice of proposed rulemaking
to address the extension of time to file FinCEN Report 114 (81 FR
12613). Therefore, these regulations do not address FinCEN Report 114.
The filing date changes enacted by the Surface Transportation Act
also indirectly affect various due dates and extended due dates that,
although determined by section 6072, are often specified throughout
Title 26 of the Code of Federal Regulations by cross-reference to, or
by restating the dates in, section 6072 prior to amendment by the
Surface Transportation Act. Examples of such regulations include
Sec. Sec. 1.170A-11, 1.316-1, 1.338-10, 1.367(a)-7, 1.381(c)(14)-1,
1.468A-4, 1.468B-2, 1.547-4, 1.563-1, 1.563-2, 1.921-2, 1.923-1T,
1.925(a)-1T, 1.927(b)-1T, 1.936-1, 1.1248(f)-3, 1.1446-6, 1.6425-1,
1.6655-1, and 1.6655-7. Because the Treasury Department must prioritize
limited resources, these regulations generally do not make amendments
to update, conform, or clarify the due dates and extended due dates
referenced in such sections. To the extent that any existing
regulations (including examples) are not consistent with the due dates
specified by section 6072 (as amended by the Surface Transportation
Act), the statutory due dates control. If resources permit, the
Treasury Department and the IRS will update outdated examples and
regulatory text through future guidance projects. In the meantime,
taxpayers should refer to the relevant form instructions for guidance.
E. Miscellaneous Clarifications, Corrections, and Updates
These regulations also include some changes that correct minor
typographical errors or make clarifications or updates. The period of
underpayment of estimated tax by a corporation under section 6655 for
the section 1446 withholding tax described in Sec. 1.1446-
3(b)(2)(v)(C) is administratively tied to the due date of Form 8804.
These regulations therefore revise Sec. 1.1446-3(b)(2)(v)(C) to update
the period of underpayment for the section 1446 withholding tax.
Additionally, the due date for returns of banks with respect to common
trust funds, commonly filed on Form 1065, is administratively tied to
the due date of Form 1065, so these regulations update Sec. 1.6032-1
to clarify that the due date for these returns has changed. Similarly,
the annual return filed by a religious or apostolic association or
corporation on Form 1065 is to be filed on the due date of a
partnership return under section 6072(b), so these regulations update
Sec. 1.6033-2(e) to clarify that the due date for these returns has
changed.
II. PATH Act
These regulations also contain conforming amendments to reflect
that the due date for forms in the Form W-2 series, Form W-3, and Forms
1099-MISC that report nonemployee compensation is January 31 of the
calendar year following the calendar year for which the information is
being reported, as enacted by section 201 of the PATH Act.
Dates of Applicability
These regulations are generally applicable for returns filed on or
after the date of publication of this Treasury Decision. Many of the
amendments in these regulations, however, reflect statutory changes
that were effective for taxable years beginning after December 31,
2015, and those statutory changes, described in the background section
of this preamble, supersede regulations that are amended by this
Treasury Decision. Additionally, taxpayers may elect to apply these
regulations to returns filed for periods beginning after December 31,
2015. The election is made by filing a return by the due date or
extended due date specified in these regulations if that due date is
later than the due date specified by regulations in effect at the time
the return is filed.
Special Analyses
Certain IRS regulations, including these regulations, are exempt
from the requirements of Executive Order 12866, as supplemented and
reaffirmed by Executive Order 13563. Therefore, a regulatory assessment
is not required. For applicability of the Regulatory Flexibility Act,
please refer to the cross-reference notice of proposed rulemaking
published elsewhere in this issue of the Federal Register. Pursuant to
section
[[Page 33444]]
7805(f) of the Internal Revenue Code, these temporary regulations have
been submitted to the Chief Counsel for Advocacy of the Small Business
Administration for comment on the impact on small businesses.
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
26 CFR Part 1
Income taxes, Reporting and recordkeeping requirements.
26 CFR Part 31
Employment taxes, Income taxes, Penalties, Pensions, Railroad
retirement, Reporting and recordkeeping requirements, Social security,
Unemployment compensation.
Amendments to the Regulations
Accordingly, 26 CFR parts 1 and 31 are amended as follows:
PART 1--INCOME TAXES
0
Paragraph 1. The authority citation for part 1 continues to read in
part as follows:
Authority: 26 U.S.C. 7805 * * *
0
Par. 2. Revise paragraph (b)(2)(v)(C) and add paragraph (g) to Sec.
1.1446-3 to read as follows:
Sec. 1.1446-3 Time and manner of calculating and paying over the
1446 tax.
* * * * *
(b) * * *
(2) * * *
(v) * * *
(C) [Reserved]. For further guidance, see Sec. 1.1446-
3T(b)(2)(v)(C).
* * * * *
(g) [Reserved]. For further guidance, see Sec. 1.1446-3T(g).
0
Par. 3. Add Sec. 1.1446-3T to read as follows:
Sec. 1.1446-3T Time and manner of calculating and paying over the
1446 tax (temporary).
(a) [Reserved]. For further guidance, see Sec. 1.1446-3(a).
(b)(1) [Reserved]. For further guidance, see Sec. 1.1446-3(b)(1).
(2)(i) through (iv) [Reserved]. For further guidance, see Sec.
1.1446-3(b)(2)(i) through (iv).
(v)(A) through (B) [Reserved]. For further guidance, see Sec.
1.1446-3(b)(2)(v)(A) and (B).
(C) Period of underpayment. The period of the underpayment set
forth in section 6655(b)(2) shall end on the earlier of the date the
partnership is required to file Form 8804 (as provided in paragraph
(d)(1)(iii) of this section and without regard to extensions), or with
respect to any portion of the underpayment, the date on which such
portion is paid.
(c) through (f) [Reserved]. For further guidance, see Sec. 1.1446-
3(c) through (f).
(g) Applicability date. This section applies to returns filed on or
after July 20, 2017. Sections 1.1446-3 and 1.1446-7 (as contained in 26
CFR part 1, revised April 2017) apply to returns filed before July 20,
2017.
(h) Expiration date. The applicability of this section will expire
on or before July 17, 2020.
0
Par. 4. Revise paragraph (a)(1) of Sec. 1.6012-6 to read as follows:
Sec. 1.6012-6 Returns by political organizations.
(a) * * * (1) [Reserved]. For further guidance, see Sec. 1.6012-
6T(a)(1).
* * * * *
0
Par. 5. Add Sec. 1.6012-6T to read as follows:
Sec. 1.6012-6T Returns by political organizations (temporary).
(a) Requirement of return--(1) In general. For taxable years
beginning after December 31, 1974, every political organization
described in section 527(e)(1), and every fund described in section
527(f)(3) or section 527(g), and every organization described in
section 501(c) and exempt from taxation under section 501(a) shall, if
a tax is imposed on such an organization or fund by section 527(b),
make a return of income on or before the fifteenth day of the fourth
month following the close of the taxable year.
(2) [Reserved]. For further guidance, see Sec. 1.6012-6(a)(2).
(b) [Reserved]. For further guidance, see Sec. 1.6012-6(b).
(c) Applicability date. This section applies to returns filed after
July 20, 2017. Section 1.6012-6 (as contained in 26 CFR part 1, revised
April 2017) applies to returns filed before July 20, 2017.
(d) Expiration date. The applicability of this section will expire
on or before July 17, 2020.
0
Par. 6. Revise paragraph (e)(2) of Sec. 1.6031(a)-1 to read as
follows:
Sec. 1.6031(a)-1 Return of partnership income.
* * * * *
(e) * * *
(2) [Reserved]. For further guidance, see Sec. 1.6031(a)-1T(e)(2).
* * * * *
0
Par. 7. Add Sec. 1.6031(a)-1T to read as follows:
Sec. 1.6031(a)-1T Return of partnership income (temporary).
(a) through (d) [Reserved]. For further guidance, see Sec.
1.6031(a)-1(a) through (d).
(e)(1) [Reserved]. For further guidance, see Sec. 1.6031(a)-
1(e)(1).
(2) Time for filing. The return of a partnership must be filed on
or before the date prescribed by section 6072(b).
(f) Applicability date. This section applies to returns filed on or
after July 20, 2017. Section 1.6031(a)-1 (as contained in 26 CFR part
1, revised April 2017) applies to returns filed before July 20, 2017.
(g) Expiration date. The applicability of this section will expire
on or before July 17, 2020.
0
Par. 8. Revise Sec. 1.6032-1 to read as follows:
Sec. 1.6032-1 Returns of banks with respect to common trust funds.
[Reserved]. For further guidance, see Sec. 1.6032-1T.
0
Par. 9. Add Sec. 1.6032-1T to read as follows:
Sec. 1.6032-1T Returns of banks with respect to common trust funds.
(a) Every bank (as defined in section 581) maintaining a common
trust fund shall make a return of income of the common trust fund,
regardless of the amount of its taxable income. Member banks of an
affiliated group that serve as co-trustees with respect to a common
trust fund must act jointly in making a return for the fund. If a bank
maintains more than one common trust fund, a separate return shall be
made for each. No particular form is prescribed for making the return
under this section, but Form 1065 may be used if it is designated by
the bank as the return of a common trust fund. The return shall be made
for the taxable year of the common trust fund and shall be filed on or
before the date prescribed by section 6072(b) with the service center
prescribed in the relevant IRS revenue procedure, publication, form, or
instructions to the form (see Sec. 601.601(d)(2) of this chapter).
Such return shall state specifically with respect to the fund the items
of gross income and the deductions allowed by subtitle A of the Code,
shall include each participant's name and address, the participant's
proportionate share of taxable income or net loss (exclusive of gains
and losses from sales or exchanges of capital assets), the
participant's proportionate share of gains and losses from sales or
exchanges of capital assets,
[[Page 33445]]
and the participant's share of items which enter into the determination
of the tax imposed by section 56. See Sec. Sec. 1.584-2 and 1.58-5. If
the common trust fund is maintained by two or more banks that are
members of the same affiliated group, the return must also identify the
member bank in the group that has contributed each participant's
property or money to the fund. A copy of the plan of the common trust
fund must be filed with the return. If, however, a copy of such plan
has once been filed with a return, it need not again be filed if the
return contains a statement showing when and where it was filed. If the
plan is amended in any way after such copy has been filed, a copy of
the amendment must be filed with the return for the taxable year in
which the amendment was made. For the signing of a return of a bank
with respect to common trust funds, see Sec. 1.6062-1, relating to the
manner prescribed for the signing of a return of a corporation.
(b) This section applies to returns filed on or after July 20,
2017. Section 1.6032-1 (as contained in 26 CFR part 1, revised April
2017) applies to taxable years beginning before July 20, 2017.
(c) The applicability of this section will expire on or before July
17, 2020.
0
Par. 10. Revise paragraph (e) of Sec. 1.6033-2 to read as follows:
Sec. 1.6033-2 Returns by exempt organizations (taxable years
beginning after December 31, 1969) and returns by certain nonexempt
organizations (taxable years beginning after December 31, 1980).
* * * * *
(e) [Reserved]. For further guidance, see Sec. 1.6033-2T(e).
* * * * *
0
Par. 11. Add Sec. 1.6033-2T to read as follows:
Sec. 1.6033-2T Returns by exempt organizations (taxable years
beginning after December 31, 1969) and returns by certain nonexempt
organizations (taxable years beginning after December 31, 1980)
(temporary).
(a) through (d) [Reserved]. For further guidance, see Sec. 1.6033-
2(a) through (d).
(e) Time and place for filing. The annual return required by this
section shall be filed on or before the 15th day of the fifth calendar
month following the close of the period for which the return is
required to be filed. The annual return on Form 1065 required to be
filed by a religious or apostolic association or corporation shall be
filed on or before the date prescribed by section 6072(b). Each such
return shall be filed in accordance with the instructions applicable
thereto.
(f) through (j) [Reserved]. For further guidance, see Sec. 1.6033-
2(f) through (j).
(k) Applicability date. This section applies to returns filed on or
after July 20, 2017. Section 1.6033-2 (as contained in 26 CFR part 1,
revised April 2017) applies to returns filed before July 20, 2017.
(l) Expiration date. The applicability of this section will expire
on or before July 17, 2020.
0
Par. 12. Revise paragraph (a)(3)(ii) of Sec. 1.6041-2 to read as
follows:
Sec. 1.6041-2 Return of information as to payments to employees.
(a) * * *
(3) * * *
(ii) [Reserved]. For further guidance, see Sec. 1.6041-
2T(a)(3)(ii).
* * * * *
0
Par. 13. Add Sec. 1.6041-2T to read as follows:
Sec. 1.6041-2T Return of information as to payments to employees
(temporary).
(a)(1) through (2) [Reserved]. For further guidance, see Sec.
1.6041-2(a)(1) and (2).
(3)(i) [Reserved]. For further guidance, see Sec. 1.6041-
2(a)(3)(i).
(ii) Exception. In a case where an employer is not required to file
Forms W-3 and W-2 under Sec. 31.6011(a)-4 or Sec. 31.6011(a)-5 of
this chapter, returns on Forms W-3 and W-2 required under this
paragraph (a) for any calendar year shall be filed on or before January
31 of the following year.
(b) through (c) [Reserved]. For further guidance, see Sec. 1.6041-
2(b) through (c).
(d) Applicability date. This section applies to returns filed on or
after July 20, 2017. Section 1.6041-2 (as contained in 26 CFR part 1,
revised April 2017) applies to returns filed before July 20, 2017.
(e) Expiration date. The applicability of this section will expire
on or before July 17, 2020.
0
Par. 14. Revise Sec. 1.6041-6 to read as follows:
Sec. 1.6041-6 Returns made on Forms 1096 and 1099 under section 6041;
contents and time and place for filing.
[Reserved]. For further guidance, see Sec. 1.6041-6T.
0
Par. 15. Add Sec. 1.6041-6T to read as follows:
Sec. 1.6041-6T Returns made on Forms 1096 and 1099 under section
6041; contents and time and place for filing (temporary).
(a) In general. Except as provided in paragraph (b) of this
section, returns made under section 6041 on Forms 1096 and 1099 for any
calendar year shall be filed on or before February 28 (March 31 if
filed electronically) of the following year with any of the Internal
Revenue Service Centers, the addresses of which are listed in the
instructions for such forms. The name and address of the person making
the payment and the name and address of the recipient of the payment
shall be stated on Form 1099. If the present address of the recipient
is not available, the last known post office address must be given. See
section 6109 and the regulations thereunder for rules requiring the
inclusion of identifying numbers in Form 1099.
(b) Exception. Returns made on Form 1099 reporting nonemployee
compensation shall be filed on or before January 31 of the year
following the calendar year to which such returns relate.
(c) Applicability date. This section applies to returns filed on or
after July 20, 2017. Section 1.6041-6 (as contained in 26 CFR part 1,
revised April 2017) applies to returns filed before July 20, 2017.
(d) Expiration date. The applicability of this section will expire
on or before July 17, 2020.
0
Par. 16. Revise paragraphs (a) and (d)(1) and (2) of Sec. 1.6072-2 to
read as follows:
Sec. 1.6072-2 Time for filing returns of corporations.
(a) [Reserved]. For further guidance, see Sec. 1.6072-2T(a).
* * * * *
(d) * * *
(1) [Reserved]. For further guidance, see Sec. 1.6072-2T(d)(1);
and
(2) [Reserved]. For further guidance, see Sec. 1.6072-2T(d)(2).
* * * * *
0
Par. 17. Add Sec. 1.6072-2T to read as follows:
Sec. 1.6072-2T Time for filing returns of corporations (temporary).
(a) Domestic and certain foreign corporations--(1) In general--(i)
C corporations. Except as provided in paragraph (a)(2) of this section,
the income tax return required under section 6012 of a domestic C
corporation (as defined in section 1361(a)(2)) or of a foreign C
corporation having an office or place of business in the United States
shall be filed on or before the fifteenth day of the fourth month
following the close of the taxable year.
(ii) S corporations. The income tax return required under section
6012 and 6037 of an S corporation (as defined in section 1361(a)(1))
shall be filed on or before the fifteenth day of the third month
following the close of the taxable year.
[[Page 33446]]
(2) Exception. For taxable years beginning before January 1, 2026,
the income tax return of a C corporation described in paragraph
(a)(1)(i) of this section that has a taxable year that ends on June 30
shall be filed on or before the fifteenth day of the third month
following the close of the taxable year. For purposes of this paragraph
(a)(2), the return for a short period (within the meaning of section
443) that ends on any day in June shall be treated as the return for a
taxable year that ends on June 30.
(b) through (c) [Reserved]. For further guidance, see Sec. 1.6072-
2(b) and (c).
(d) introductory text [Reserved]. For further guidance, see Sec.
1.6072-2(d) introductory text.
(1) Section 521 associations. A farmers', fruit growers', or like
association, organized and operated in compliance with the requirements
of section 521 and Sec. 1.521-1; and
(2) Section 1381 corporations. For a taxable year beginning after
December 31, 1962, a corporation described in section 1381(a)(2), which
is under a valid enforceable written obligation to pay patronage
dividends (as defined in section 1388(a) and paragraph (a) of Sec.
1.1388-1) in an amount equal to at least 50 percent of its net earnings
from business done with or for its patrons, or which paid patronage
dividends in such an amount out of the net earnings from business done
with or for patrons during the most recent taxable year for which it
had such net earnings. Net earnings for this purpose shall not be
reduced by any taxes imposed by Subtitle A of the Code and shall not be
reduced by dividends paid on capital stock or other proprietary
interest.
(e) through (f) [Reserved]. For further guidance, see Sec. 1.6072-
2(e) and (f).
(g) Applicability date. This section applies to returns filed on or
after July 20, 2017. Section 1.6072-2 (as contained in 26 CFR part 1,
revised April 2017) applies to returns before July 20, 2017.
(h) Expiration date. The applicability of this section will expire
on or before July 17, 2020.
0
Par. 18. Revise paragraph (a) of Sec. 1.6081-1 to read as follows:
Sec. 1.6081-1 Extension of time for filing returns.
(a) [Reserved]. For further guidance, see Sec. 1.6081-1T(a).
* * * * *
0
Par. 19. Add Sec. 1.6081-1T to read as follows:
Sec. 1.6081-1T Extension of time for filing returns (temporary).
(a) In general. The Commissioner is authorized to grant a
reasonable extension of time for filing any return, declaration,
statement, or other document that relates to any tax imposed by
subtitle A of the Code and that is required under the provisions of
subtitle A or F of the Code or the regulations thereunder. However,
other than in the case of taxpayers who are abroad or as specified in
section 6081(b), such extensions of time shall not be granted for more
than six months, and the extension of time for filing the return of a
DISC (as defined in section 992(a)), as specified in section 6072(b),
shall not be granted. Except in the case of an extension of time
pursuant to Sec. 1.6081-5, an extension of time for filing an income
tax return shall not operate to extend the time for the payment of the
tax unless specified to the contrary in the extension. For rules
relating to extensions of time for paying tax, see Sec. 1.6161-1.
(b) [Reserved]. For further guidance, see Sec. 1.6081-1(b).
(c) Applicability date. This section applies to requests for
extension of time to file returns on or after July 20, 2017. Section
1.6081-1 (as contained in 26 CFR part 1, revised April 2017) applies to
requests for extension of time to file returns before July 20, 2017.
(d) Expiration date. The applicability of this section will expire
on or before July 17, 2020.
0
Par. 20. Revise paragraph (a)(1) of Sec. 1.6081-2 to read as follows:
Sec. 1.6081-2 Automatic extension of time to file certain returns
filed by partnerships.
(a) * * * (1) [Reserved]. For further guidance, see Sec. 1.6081-
2T(a)(1).
* * * * *
0
Par. 21. Add Sec. 1.6081-2T to read as follows:
Sec. 1.6081-2T Automatic extension of time to file certain returns
filed by partnerships (temporary).
(a) In general. (1) A partnership required to file Form 1065,
``U.S. Partnership Return of Income,'' or Form 8804, ``Annual Return
for Partnership Withholding Tax,'' for any taxable year will be allowed
an automatic six-month extension of time to file the return after the
date prescribed for filing the return if the partnership files an
application under this section in accordance with paragraph (b) of this
section. No additional extension will be allowed pursuant to Sec.
1.6081-1(b) beyond the automatic six-month extension provided by this
section. In the case of a partnership described in Sec. 1.6081-
5(a)(1), the automatic extension of time to file allowed under this
section runs concurrently with an extension of time to file granted
pursuant to Sec. 1.6081-5.
(2) [Reserved]. For further guidance, see Sec. 1.6081-2(a)(2).
(b) through (g) [Reserved]. For further guidance, see Sec. 1.6081-
2(b) through (g).
(h) Applicability date. This section applies to applications for an
automatic extension of time to file the partnership returns listed in
paragraph (a) of this section on or after July 20, 2017. Section
1.6081-2 (as contained in 26 CFR part 1, revised April 2017) applies to
applications for an automatic extension of time to file before July 20,
2017.
(i) Expiration date. The applicability of this section will expire
on or before July 17, 2020.
0
Par. 22. Revise the introductory text of paragraph (a), redesignate
paragraph (e) as paragraph (g), revise the heading of newly
redesignated paragraph (g), and add paragraphs (e) and (f) to Sec.
1.6081-3 to read as follows:
Sec. 1.6081-3 Automatic extension of time for filing corporation
income tax returns.
(a) introductory text [Reserved]. For further guidance, see Sec.
1.6081-3T(a) introductory text.
* * * * *
(e) [Reserved]. For further guidance, see Sec. 1.6081-3T(e).
(f) [Reserved]. For further guidance, see Sec. 1.6081-3T(f).
(g) Applicability dates. * * *
0
Par. 23. Add Sec. 1.6081-3T to read as follows:
Sec. 1.6081-3T Automatic extension of time for filing corporation
income tax returns (temporary).
(a) In general. Except as provided in paragraphs (e) and (f) of
this section, a corporation or an affiliated group of corporations
filing a consolidated return will be allowed an automatic 6-month
extension of time to file its income tax return after the date
prescribed for filing the return if the following requirements are met.
(1) through (4) [Reserved]. For further guidance, see Sec. 1.6081-
3(a)(1) through (4).
(b) through (d) [Reserved]. For further guidance, see Sec. 1.6081-
3(b) through (d).
(e) Exception. In the case of any return for a taxable year of a C
corporation that ends on June 30 and begins before January 1, 2026, the
first sentence of paragraph (a) of this section shall be applied by
substituting ``7-month'' for ``6-month.'' For purposes of this
paragraph (e), the return for a short period (within the meaning of
section 443) that ends on any day in June shall
[[Page 33447]]
be treated as the return for a taxable year that ends on June 30.
(f) Cross reference. For provisions relating to extensions of time
to file Form 1120-POL, ``U.S. Income Tax Return for Certain Political
Organizations,'' see Sec. 1.6081-9.
(g) Applicability date. This section applies to requests for
extension of time to file corporation income tax returns on or after
July 20, 2017. Section 1.6081-3 (as contained in 26 CFR part 1, revised
April 2017) applies to applications for an automatic extension of time
to file before July 20, 2017.
(h) Expiration date. The applicability of this section will expire
on or before July 17, 2020.
0
Par. 24. Revise paragraph (a)(1) of Sec. 1.6081-5 to read as follows:
Sec. 1.6081-5 Extensions of time in the case of certain
partnerships, corporations and U.S. citizens and residents.
(a) * * *
(1) [Reserved]. For further guidance, see Sec. 1.6081-5T(a)(1);
* * * * *
0
Par. 25. Add Sec. 1.6081-5T to read as follows:
Sec. 1.6081-5T Extensions of time in the case of certain
partnerships, corporations and U.S. citizens and residents (temporary).
(a) introductory text [Reserved]. For further guidance, see Sec.
1.6081-5(a) introductory text.
(1) Partnerships, which are required under section 6072(b) to file
returns on the fifteenth day of the third month following the close of
the taxable year of the partnership, that keep their records and books
of account outside the United States and Puerto Rico;
(2) through (6) [Reserved]. For further guidance, see Sec. 1.6081-
5(a)(2) through (6).
(b) through (e) [Reserved]. For further guidance, see Sec. 1.6081-
5(b) through (e).
(f) This section applies to returns filed on or after July 20,
2017. Section 1.6081-5 (as contained in 26 CFR part 1, revised April
2017) applies to applications for an automatic extension of time to
file returns before July 20, 2017.
(g) The applicability of this section will expire on or before July
17, 2020.
0
Par. 26. Revise paragraph (a)(1) of Sec. 1.6081-6 to read as follows:
Sec. 1.6081-6 Automatic extension of time to file estate or trust
income tax return.
(a) * * * (1) [Reserved]. For further guidance, see Sec. 1.6081-
6T(a)(1).
* * * * *
0
Par. 27. Add Sec. 1.6081-6T to read as follows:
Sec. 1.6081-6T Automatic extension of time to file estate or trust
income tax return (temporary).
(a) In general. (1) Except as provided in paragraph (a)(2) of this
section, any estate, including but not limited to an estate defined in
section 2031, or trust required to file an income tax return on Form
1041, ``U.S. Income Tax Return for Estates and Trusts,'' will be
allowed an automatic five and one-half month extension of time to file
the return after the date prescribed for filing the return if the
estate or trust files an application under this section in accordance
with paragraph (b) of this section. No additional extension will be
allowed pursuant to Sec. 1.6081-1(b) beyond the automatic five and
one-half month extension provided by this section.
(2) [Reserved]. For further guidance, see Sec. 1.6081-6(a)(2).
(b) through (f) [Reserved]. For further guidance, see Sec. 1.6081-
6(b) through (f).
(g) Applicability date. This section applies to applications for an
automatic extension of time to file an estate or trust income tax
return on or after July 20, 2017. Section 1.6081-6 (as contained in 26
CFR part 1, revised April 2017) applies to applications for an
automatic extension of time to file a return before July 20, 2017.
(h) Expiration date. The applicability of this section will expire
on or before July 17, 2020.
0
Par. 28. Revise paragraphs (a), (b)(1) and (3), (c), (d), and (e), of
Sec. 1.6081-9 to read as follows:
Sec. 1.6081-9 Automatic extension of time to file exempt or
political organization returns.
(a) [Reserved]. For further guidance, see Sec. 1.6081-9T(a).
(b) * * *
(1) [Reserved]. For further guidance, see Sec. 1.6081-9T(b)(1);
* * * * *
(3) [Reserved]. For further guidance, see Sec. 1.6081-9T(b)(3);
and
* * * * *
(c) [Reserved]. For further guidance, see Sec. 1.6081-9T(c).
(d) [Reserved]. For further guidance, see Sec. 1.6081-9T(d).
(e) [Reserved]. For further guidance, see Sec. 1.6081-9T(e).
* * * * *
0
Par. 29. Add Sec. 1.6081-9T to read as follows:
Sec. 1.6081-9T Automatic extension of time to file exempt or
political organization returns (temporary).
(a) In general. An entity required to file a return on a form in
the Form 990 series (Form 990, ``Return of Organization Exempt From
Income Tax,'' Form 990-BL, ``Information and Initial Excise Tax Return
for Black Lung Benefit Trusts and Certain Related Persons,'' Form 990-
EZ, ``Short Form Return of Organization Exempt From Income Tax,'' Form
990-PF, ``Return of Private Foundation,'' and Form 990-T, ``Exempt
Organization Business Tax Return''), Form 1041-A, ``U.S. Information
Return-Trust Accumulation of Charitable Amounts,'' Form 1120-POL,
``U.S. Income Tax Return for Certain Political Organizations,'' Form
4720, ``Return of Certain Excise Taxes Under Chapters 41 and 42 of the
Internal Revenue Code,'' Form 5227, ``Split-Interest Trust Information
Return,'' Form 6069, ``Return of Excise Tax on Excess Contributions to
Black Lung Benefit Trust Under Section 4953 and Computation of Section
192 Deduction,'' and Form 8870, ``Information Return for Transfers
Associated With Certain Personal Benefit Contracts,'' will be allowed
an automatic six-month extension of time to file the return after the
date prescribed for filing if the entity files an application in
accordance with paragraph (b) of this section.
(b) introductory text [Reserved]. For further guidance, see Sec.
1.6081-9(b) introductory text.
(1) Be submitted on Form 7004, ``Application for Automatic
Extension of Time to File Certain Business Income Tax, Information, and
Other Returns'' (in the case of an extension of time to file Form 1120-
POL), Form 8868, ``Application for Automatic Extension of Time to File
an Exempt Organization Return'' (in the case of an extension of time to
file any other return listed in paragraph (a) of this section), or in
any other manner as may be prescribed by the Commissioner;
(2) [Reserved]. For further guidance, see Sec. 1.6081-9(b)(2);
(3) Show the full amount properly estimated as tentative tax for
the entity for the taxable year; and
(4) [Reserved]. For further guidance, see Sec. 1.6081-9(b)(4).
(c) Termination of automatic extension. The Commissioner may
terminate an automatic extension at any time by mailing to the entity a
notice of termination. The notice must be mailed at least 10 days prior
to the termination date designated in such notice. The notice of
termination must be mailed to the address shown on the application for
extension or to the entity's last known address. For further guidance
regarding the definition of last known address, see Sec. 301.6212-2 of
this chapter.
(d) Penalties. See sections 6651 and 6652(c) for failure to file a
return or
[[Page 33448]]
failure to pay the amount shown as tax on the return.
(e) Coordination with Sec. 1.6081-1. No extension of time will be
granted under Sec. 1.6081-1 for filing a return listed in paragraph
(a) of this section until an automatic extension has been allowed
pursuant to this section.
(f) Applicability date. This section applies to requests for
extensions of time to file returns listed in paragraph (a) of this
section on or after July 20, 2017. Sections 1.6081-3 and 1.6081-9 (as
contained in 26 CFR part 1, revised April 2017) apply to requests for
extensions before July 20, 2017.
(g) Expiration date. The applicability of this section will expire
on or before July 17, 2020.
PART 31--EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT THE
SOURCE
0
Par. 30. The authority citation for part 31 continues to read in part
as follows:
Authority: 26 U.S.C. 7805 * * *
0
Par. 31. Revise paragraph (a)(3) of Sec. 31.6071(a)-1 to read as
follows:
Sec. 31.6071(a)-1 Time for filing returns and other documents.
(a) * * *
(3) [Reserved]. For further guidance, see Sec. 31.6071(a)-
1T(a)(3).
* * * * *
0
Par. 32. Add Sec. 31.6071(a)-1T to read as follows:
Sec. 31.6071(a)-1T Time for filing returns and other documents
(temporary).
(a) Federal Insurance Contributions Act and income tax withheld
from wages and from nonpayroll payments. (1) through (2) [Reserved].
For further guidance, see Sec. 31.6071(a)-1(a)(1) and (2).
(3) Information returns--(i) General rule. Each information return
in respect of wages as defined in Federal Insurance Contributions Act
or of income tax withheld from wages as required under Sec. 31.6051-2
must be filed on or before January 31 of the year following the
calendar year for which it is made, except that, if a tax return under
Sec. 31.6011(a)-5(a) is filed as a final return for a period ending
prior to December 31, the information return must be filed on or before
the last day of the first calendar month following the period for which
the tax return is filed.
(ii) Expedited filing. If an employer who is required to make a
return pursuant to Sec. 31.6011(a)-1 or Sec. 31.6011(a)-4 is required
to make a final return on Form 941, or a variation thereof, under Sec.
31.6011(a)-6(a)(1) (relating to the final return for Federal Insurance
Contributions Act taxes and income tax withholding from wages), the
return which is required to be made under Sec. 31.6051-2 must be filed
on or before the last day of the first calendar month following the
period for which the final return is filed. The requirements set forth
in this paragraph (a)(3)(ii) do not apply to employers with respect to
employees whose wages are for domestic service in the private home of
the employer. See Sec. 31.6011(a)-1(a)(3).
(b) through (f) [Reserved]. For further guidance, see Sec.
31.6071(a)-1(b) through (f).
(g) Applicability date. This section applies to returns filed after
July 20, 2017. Section 31.6071(a)-1 (as contained in 26 CFR part 31,
revised April 2017) applies to returns filed before July 20, 2017.
(h) Expiration date. The applicability of this section will expire
on or before July 17, 2020.
Kirsten Wielobob,
Deputy Commissioner for Services and Enforcement.
Approved: July 7, 2017.
Tom West,
Tax Legislative Counsel.
[FR Doc. 2017-15209 Filed 7-18-17; 4:15 pm]
BILLING CODE 4830-01-P