[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