[Federal Register Volume 88, Number 140 (Monday, July 24, 2023)] [Notices] [Pages 47555-47559] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2023-15598] ----------------------------------------------------------------------- DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for U.S. Employment Tax Returns and Related Forms; CT-1, CT-1X, CT-2, SS-8, SS-8 (PR), W-2, W-2 AS, W-2 C, W-2 GU, W-2 VI, W-3, W-3 (PR), W-3 C, W-3 C (PR), W-3 SS, 940, 940 (PR), 940 SCH A, 940 SCH A (PR), 940 SCH R, 941, 941 (PR), 941 SCH B, 941 SCH B (PR), 941 SCH D, 941 SCH R, 941 SS, 941 X, 941 X (PR), 943, 943 (PR), 943 A, 943 A (PR), 943 SCH R, 943 X, 943 X (PR), 944, 944 X, 945, 945 A, 945 X, 2032, 2678, 8027, 8027 T, 8453 EMP, 8850, 8879 EMP, 8922, 8952, and 8974 AGENCY: Internal Revenue Service (IRS), Treasury. [[Page 47556]] ACTION: Notice and request for comments. ----------------------------------------------------------------------- SUMMARY: The Internal Revenue Service, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995 (PRA). The IRS is soliciting comments on U.S. Employment Tax Returns and related Forms. DATES: Written comments should be received on or before September 22, 2023 to be assured of consideration. ADDRESSES: Direct all written comments to Andres Garcia, Internal Revenue Service, Room 6526, 1111 Constitution Avenue NW, Washington, DC 20224, or by email [email protected]. Include 1545-0029 or U.S. Employment Tax Returns and Related Forms. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to Kerry Dennis, at (202) 317-5751, Internal Revenue Service, Room 6526, 1111 Constitution Avenue NW, Washington, DC 20224, or through the internet, at [email protected]. SUPPLEMENTARY INFORMATION: Change in PRA Approval of Forms Used by Employers Under the PRA, OMB assigns a control number to each ``collection of information'' that it reviews and approves for use by an agency. A single information collection may consist of one or more forms, recordkeeping requirements, and/or third-party disclosure requirements. Under the PRA and OMB regulations, agencies have the discretion to seek separate OMB approvals for forms, recordkeeping requirements, and third-party reporting requirements or to combine any number of forms, recordkeeping requirements, and/or third-party disclosure requirements (usually related in subject matter) under one OMB Control Number. Agency decisions on whether to group individual requirements under a single OMB Control Number or to disaggregate them and request separate OMB Control Numbers are based largely on considerations of administrative practicality. The PRA also requires agencies to estimate the burden for each collection of information. Accordingly, each OMB Control Number has an associated burden estimate. The burden estimates for each control number are displayed in (1) the PRA notices that accompany collections of information, (2) Federal Register notices such as this one, and (3) in OMB's database of approved information collections. If more than one form, recordkeeping requirement, and/or third-party disclosure requirement is approved under a single control number, then the burden estimate for that control number reflects the burden associated with all of the approved forms, recordkeeping requirements, and/or third- party disclosure requirements. As described below under the heading ``Updated Burden Estimate Methodology,'' the IRS's currently accepted burden estimate methodology is based on taxpayers' tax reporting experience taking into account, among other things, the forms and schedules used by those taxpayers and the recordkeeping and other activities needed to complete those forms. The transition of the employer-related reporting burden represents the IRS's continued effort to improve the ability of IRS to measure the burden imposed on various groups of taxpayers by the Federal tax system. While the improved methodology provides a more accurate and comprehensive description of employer reporting burden, it will not provide burden estimates on a form-by-form basis, as has been done under the previous methodology. When the prior model was developed in the mid-1980s, almost all tax returns were prepared manually, either by the taxpayer or a paid provider. In this context, it was determined that estimating burden on a form-by-form, line-by-line basis was an appropriate methodology. Employer-related returns are increasingly being prepared using software or with preparer assistance. In this current reporting environment, in which many taxpayers' activities are no longer as directly associated with particular forms, estimating burden on a form-by-form basis is not an appropriate method of estimating taxpayer burden. The currently accepted methodology, which takes into account broader and more comprehensive taxpayer characteristics and activities, provides a much more accurate and useful estimate of taxpayer burden. Currently, there are 51 forms and 38 regulations used by employers pertaining to their employment-related reporting requirements. These include Forms CT-1, CT-1X, CT-2, SS-8, SS-8 (PR), W-2, W-2 AS, W-2 C, W-2 GU, W-2 VI, W-3, W-3 (PR), W-3 C, W-3 C (PR), W-3 SS, 940, 940 (PR), 940 SCH A, 940 SCH A (PR), 940 SCH R, 941, 941 (PR), 941 SCH B, 941 SCH B (PR), 941 SCH D, 941 SCH R, 941 SS, 941 X, 941 X (PR), 943, 943 (PR), 943 A, 943 A (PR), 943 SCH R, 943 X, 943 X (PR), 944, 944 X, 945, 945 A, 945 X, 2032, 2678, 8027, 8027 T, 8453 EMP, 8850, 8879 EMP, 8922, 8952, and 8974, and their schedules, and all the forms employers attach to employment-related tax returns (see the Appendix to this notice). For most of these forms, IRS has in the past obtained separate OMB approvals under unique OMB Control Numbers and separate burden estimates. The currently accepted methodology estimates the aggregate burden imposed on employers, based upon their reporting-related characteristics and activities. IRS therefore will seek OMB approval of all 51 employer-related tax forms as a single ``collection of information.'' The aggregate burden of these tax forms will be accounted for under OMB Control Number 1545-0029, which is currently assigned to Form 941. OMB Control Number 1545-0029 will be displayed on all employer tax forms and related information collections. As a result of this change, burden estimates for employers will now be displayed differently in PRA Notices on tax forms and other information collections, and in Federal Register notices. This new way of displaying burden is presented below under the heading ``Proposed PRA Submission to OMB.'' Updated Burden Estimate Methodology The updated burden estimate methodology revises the estimates of the levels of burden experienced by employers when complying with their Federal reporting requirements pertaining to employment related taxes. It replaces the earlier burden estimate methodology developed in the mid-1980s. Since that time, improved technology and modeling sophistication have enabled the IRS to improve the burden estimates. The new methodology provides taxpayers and the IRS with a more comprehensive understanding of the current levels of taxpayer burden. It reflects major changes over the past two decades in the way taxpayers prepare and file their returns. The new burden estimate methodology also represents a substantial step forward in the IRS's ability to assess likely impacts of administrative and legislative changes on employers. The updated burden estimate methodology focuses on the characteristics and activities of employers rather than solely focusing on the forms they file. Key determinants of taxpayer burden in the model are the number of employees, employee turnover, level of compensation, economic activity associated with [[Page 47557]] employment related credits, and frequency of filing. Indicators of tax law and administrative complexity, as reflected in the tax forms and instructions, are incorporated into the model. Tax compliance burden does not include a taxpayer's tax liability, economic inefficiencies caused by sub-optimal choices related to tax deductions or credits, or psychological costs. The previous estimates primarily focused on the number of line items of each tax form. The changes between the old and new burden estimates are due to the improved ability of the new methodology to measure burden and the expanded scope of what is measured. These changes create a one-time shift in the estimate of imposed burden. It is important to note that the difference between the legacy and revised estimates do not reflect any change in the actual burden imposed by taxpayers. Methodology Burden is defined as the time and out-of-pocket costs incurred by taxpayers to comply with their Federal tax reporting responsibilities. As has been done for individual taxpayer burden since 2005, business entity burden since 2014, and tax-exempt organization burden since 2018 both the time expended and the out-of-pocket costs for employers are estimated. The burden estimation methodology relies on surveys that gather data about time and out-of-pocket costs that employers spend on pre-filing and filing activities. The methodology establishes econometric relationships between tax return characteristics and reported compliance costs. The methodology controls for the substitution of time and money by monetizing time and reporting total compliance costs in dollars. This methodology better reflects taxpayer compliance burden, because in a world of electronic tax preparation, time and out-of-pocket costs are governed by the information required rather than the form on which it is ultimately reported. Importantly, even where various employers complete the same tax form lines, the new methodology differentiates the cost incurred to complete those forms based on characteristics of those employers. Key employer characteristics that serve as coefficients in the employer reporting burden model are:Number of employees Employee turnover Level of compensation Economic activity associated with employment related credits and/or benefits Frequency of filing Type of primary form filed The new burden estimate methodology uses the following classifications of employers: Strata ---------------------------------------------------------------------------------------------------------------- Percent of forms W-2 Primary form Number of W2s filed with reported benefits Reported tips ---------------------------------------------------------------------------------------------------------------- Form 941............................. 1 to 4................. None................... ANY. 5 to 19................ None................... ANY. 20 to 99............... None................... NO. 100 to 299............. None................... NO. 300 to 999............. None................... NO. Over 1000.............. None................... NO. 1 to 19................ Less Than 10%.......... NO. 20 to 99............... Less Than 10%.......... NO. 100 to 299............. Less Than 10%.......... NO. 300 to 999............. Less Than 10%.......... NO. Over 1000.............. Less Than 10%.......... NO. 1 to 19................ Greater Than 10%....... NO. 20 to 99............... Greater Than 10%....... NO. 100 to 299............. Greater Than 10%....... NO. 300 to 999............. Greater Than 10%....... NO. Over 1000.............. Greater Than 10%....... NO. 1 to 19................ ANY.................... YES. 20 to 99............... ANY.................... YES. 100 to 299............. ANY.................... YES. 300 to 999............. ANY.................... YES. Over 1000.............. ANY.................... YES. Form 944............................. ANY.................... ANY.................... ANY. Form 943............................. ANY.................... ANY.................... ANY ---------------------------------------------------------------------------------------------------------------- Proposed PRA Submission to OMB Title: U.S. Employment Tax Returns and related Forms. OMB Number: 1545-0029. Form Numbers: CT-1, CT-1X, CT-2, SS-8, SS-8 (PR), W-2, W-2 AS, W-2 C, W-2 GU, W-2 VI, W-3, W-3 (PR), W-3 C, W-3 C (PR), W-3 SS, 940, 940 (PR), 940 SCH A, 940 SCH A (PR), 940 SCH R, 941, 941 (PR), 941 SCH B, 941 SCH B (PR), 941 SCH D, 941 SCH R, 941 SS, 941 X, 941 X (PR), 943, 943 (PR), 943 A, 943 A (PR), 943 SCH R, 943 X, 943 X (PR), 944, 944 X, 945, 945 A, 945 X, 2032, 2678, 8027, 8027 T, 8453 EMP, 8850, 8879 EMP, 8922, 8952, and 8974. Abstract: These forms are used by employers to report their employment tax related activity. The data is used to verify that the items reported on the forms are correct. Current Actions: The burden estimation methodology for employment tax is being transitioned from the legacy ADL model to the Taxpayer Burden Model. The changes discussed above result in a burden hour estimate of 456,000,000 hours, a decrease in total estimated time burden of 492,967,465 hours. The newly reported total out-of-pocket costs is $18,910,000,000 and total monetized burden is $33,540,000,000. The change related to the transition of the burden estimate from the legacy Arthur D. Little Model methodology to the RAAS Taxpayer Burden Model, is a one-time change. In addition, changes are being made to the form to be current with enacted legislation. Type of Review: Revision of currently approved collections. Affected Public: Employers. [[Page 47558]] Estimated Number of Respondents: 7,128,000. Total Estimated Time: 456,000,000 hours. Estimated Time per Respondent: approximately 64 hours. Total Estimated Out-of-Pocket Costs: $18,910,000,000. Estimated Out-of-Pocket Cost per FY2020 Respondent: $2,653. Total Estimated Monetized Burden: $33,540,000,000. Estimated Monetized Burden per FY2020. Respondent: $4,705. Fiscal Year (FY) 2023 Burden Total Estimates for Employment Tax Forms, Schedules, and Regulations [FY2023] ---------------------------------------------------------------------------------------------------------------- Program Program change change due Program FY20 due to adjustment to new change due FY23 legislation to agency ---------------------------------------------------------------------------------------------------------------- Responses per year.............. * 339,405,986 (332,277,986) 0 0 ** 7,128,000 Burden in Hours................. 948,967,465 (492,967,465) 0 0 456,000,000 Time Burden in Monetized Hours.. $0 $146,265,62000 0 0 $146,265,62000 Out-of-Pocket Costs............. $0 $18,910,000,000 0 0 $18,910,000,000 Total Monetized Burden*......... $0 $33,540,000,000 0 0 $33,540,000,000 ---------------------------------------------------------------------------------------------------------------- Source: IRS:RAAS:KDA (04-15-23). * FY20 responses per year is count of all forms and schedules filed under legacy A.D. Little burden estimate methodology. ** FY23 responses per year is count of all employers under taxpayer-centric RAAS burden estimate methodology. This approach is also used for OMB 1545-0074 individuals, 1545-0123 (business entities), and 1545-0047 (tax- exempt) organizations. *** Total monetized burden = Monetized hours + Out-of-pocket costs. Note: Reported time and cost burdens are national averages and do not necessarily reflect a ``typical'' case. Most taxpayers experience lower than average burden, with taxpayer burden varying considerably by taxpayer type. Detail may not add due to rounding. Request for Comments Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency's estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: July 18, 2023. Kerry Dennis, Tax Analyst. Appendix A ------------------------------------------------------------------------ Form Title/description OMB No. ------------------------------------------------------------------------ CT-1............................. Employer's Annual 1545-0001 Railroad Retirement Tax Return. CT-1X............................ Adjusted Employer's 1545-0001 Annual Railroad Retirement Tax Return or Claim for Refund. CT-2............................. Employee 1545-0002 Representative's Quarterly Railroad Tax Return. SS-8............................. Determination of Worker 1545-0004 Status for Purposes of Federal Employment Taxes and Income Tax Withholding. SS-8 (PR)........................ Determination of 1545-0004 Employee Work Status for Purposes of Federal Employment Taxes and Income Tax (Puerto Rican Version). W-2.............................. Wage and Tax Statement.. 1545-0008 W-2 AS........................... American Samoa Wage and 1545-0008 Tax Statement. W-2 C............................ Corrected Wage and Tax 1545-0008 Statement. W-2 GU........................... Guam Wage and Tax 1545-0008 Statement. W-2 VI........................... U.S. Virgin Islands Wage 1545-0008 and Tax Statement. W-3.............................. Transmittal of Wage and 1545-0008 Tax Statements. W-3 (PR)......................... Transmittal of 1545-0008 Withholding Statements (Puerto Rican Version). W-3 C............................ Transmittal of Corrected 1545-0008 Wage and Tax Statements. W-3 C (PR)....................... Transmittal of Corrected 1545-0008 Wage and Tax Statements (Puerto Rican Version). W-3 SS........................... Transmittal of Wage and 1545-0008 Tax Statements. 940.............................. Employer's Annual 1545-0028 Federal Unemployment (FUTA) Tax Return. 940 (PR)......................... Employer's Annual 1545-0028 Federal Unemployment (FUTA) Tax Return (Puerto Rican Version). 940 SCH A........................ Multi-State Employer and 1545-0028 Credit Reduction Information. 940 SCH A (PR)................... Multi-State Employer and 1545-0028 Credit Reduction Information (Puerto Rican Version). 940 SCH R........................ Allocation Schedule for 1545-0028 Aggregate Form 940 Filers. 941.............................. Employer's Quarterly * 1545-0029 Federal Tax Return. 941 (PR)......................... Employer's Quarterly * 1545-0029 Federal Tax Return. 941 SCH B........................ Report of Tax Liability * 1545-0029 for Semiweekly Schedule Depositors. 941 SCH B (PR)................... Supplemental Record of * 1545-0029 Federal Tax Liability (Puerto Rican Version). 941 SCH D........................ Report of Discrepancies * 1545-0029 Caused by Acquisitions, Statutory Mergers, or Consolidations. 941 SCH R........................ Reconciliation for * 1545-0029 Aggregate Form 941 Filers. 941 SS........................... Employer's QUARTERLY * 1545-0029 Federal Tax Return (American Samoa, Guam, the Commonwealth of Northern Mariana Islands, and the U.S. Virgin Islands). 941 X............................ Adjusted Employer's * 1545-0029 QUARTERLY Federal Tax Return or Claim for Refund. 941 X (PR)....................... Adjusted Employer's * 1545-0029 QUARTERLY Federal Tax Return or Claim for Refund (Puerto Rico Version). 943.............................. Employer's Annual Tax 1545-0035 Return for Agricultural Employees. [[Page 47559]] 943 (PR)......................... Employer's Annual Tax 1545-0035 Return for Agricultural Employees (Puerto Rican Version). 943 A............................ Agricultural Employer's 1545-0035 Record of Federal Tax Liability. 943 A (PR)....................... Agricultural Employer's 1545-0035 Record of Federal Tax Liability (Puerto Rican Version). 943 R............................ Allocation Schedule for 1545-0035 Aggregate Form 943 Filers. 943 X............................ Adjusted Employer's 1545-0035 Annual Federal Tax Return for Agricultural Employees or Claim for Refund. 943 X (PR)....................... Adjusted Employer's 1545-0035 Annual Federal Tax Return for Agricultural Employees or Claim for Refund. 944.............................. Employer's ANNUAL 1545-2007 Federal Tax Return. 944 X............................ Adjusted Employer's 1545-2007 ANNUAL Federal Tax Return or Claim for Refund. 945.............................. Annual Return of 1545-1430 Withheld Federal Income Tax. 945 A............................ Annual Record of Federal 1545-1430 Tax Liability. 945 X............................ Adjusted ANNUAL Return 1545-1430 of Withheld Federal Income Tax or Claim for Refund. 2032............................. Contract Coverage Under 1545-0137 Title II of the Social Security Act. 2678............................. Employer/Payer 1545-0748 Appointment of Agent. 8027............................. Employer's Annual 1545-0714 Information Return of Tip Income and Allocated Tips. 8027 T........................... Transmittal of 1545-0714 Employer's Annual Information Return of Tip Income and Allocated Tips. 8453 EMP......................... Employment Tax 1545-0967 Declaration for an IRS e-file Return. 8850............................. Pre-Screening Notice and 1545-1500 Certification Request for the Work Opportunity Credit. 8879 EMP......................... IRS e-file Signature 1545-0967 Authorization for Forms 940, 940-PR, 941, 941- PR, 941-SS, 943, 943- PR, 944, and 945. 8922............................. Third-Party Sick Pay * 1545-0123 Recap. 8952............................. Application for 1545-2215 Voluntary Classification Settlement Program (VCSP). 8974............................. Qualified Small Business 1545-0029 Payroll Tax Credit for Increasing Research Activities. ------------------------------------------------------------------------ * 1545-0123 will not be discontinued. It is the Business collection and 8922 will be included in both the Business collection and the Employment Tax collection. * 1545-0029 will not be discontinued it will be the number assigned to all Forms within the employment tax collection. Appendix B ------------------------------------------------------------------------ Guidance title/description OMB No. ------------------------------------------------------------------------ 26 CFR 31.6001-1 Records in general; 26 CFR 31.6001-2 1545-0798 Additional Records under FICA; 26 CFR 31.6001-3, Additional records under Railroad Retirement Tax Act; 26 CFR 31.6001-5 Additional records.......................... Tip Reporting Alternative Commitment (TRAC) Agreement for 1545-1529 Use in the Cosmetology and Barber Industry to Employment Tax....................................................... Reg-111583-07 (TD 9405) (Final)--Employment Tax 1545-2097 Adjustments; REG-130074-11--Rules Relating to Additional Medicare Tax.............................................. ------------------------------------------------------------------------ [FR Doc. 2023-15598 Filed 7-21-23; 8:45 am] BILLING CODE 4830-01-P