80_FR_13341 80 FR 13292 - Reporting of Original Issue Discount on Tax-Exempt Obligations; Basis and Transfer Reporting by Securities Brokers for Debt Instruments and Options

80 FR 13292 - Reporting of Original Issue Discount on Tax-Exempt Obligations; Basis and Transfer Reporting by Securities Brokers for Debt Instruments and Options

DEPARTMENT OF THE TREASURY
Internal Revenue Service

Federal Register Volume 80, Issue 49 (March 13, 2015)

Page Range13292-13295
FR Document2015-05654

In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations relating to information reporting by brokers for transactions involving debt instruments and options, including the reporting of original issue discount (OID) and acquisition premium on tax-exempt obligations, the treatment of certain holder elections for reporting a taxpayer's adjusted basis in a debt instrument, and transfer reporting for section 1256 options and debt instruments. The text of those regulations also serves as the text of these proposed regulations.

Federal Register, Volume 80 Issue 49 (Friday, March 13, 2015)
[Federal Register Volume 80, Number 49 (Friday, March 13, 2015)]
[Proposed Rules]
[Pages 13292-13295]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05654]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[REG-143040-14]
RIN 1545-BM59


Reporting of Original Issue Discount on Tax-Exempt Obligations; 
Basis and Transfer Reporting by Securities Brokers for Debt Instruments 
and Options

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of proposed rulemaking by cross-reference to temporary 
regulations.

-----------------------------------------------------------------------

SUMMARY: In the Rules and Regulations section of this issue of the 
Federal Register, the IRS is issuing temporary regulations relating to 
information reporting by brokers for transactions involving debt 
instruments and options, including the reporting of original issue 
discount (OID) and acquisition premium on tax-exempt obligations, the 
treatment of certain holder elections for reporting a taxpayer's 
adjusted basis in a debt instrument, and transfer reporting for section 
1256 options and debt instruments. The text of those regulations also 
serves as the text of these proposed regulations.

DATES: Written or electronic comments must be received by June 11, 
2015.

ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG-143040-14), Room 
5203, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, 
Washington, DC 20044. Submissions may be hand-delivered Monday through 
Friday between the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (REG-
143040-14), Courier's Desk, Internal Revenue Service, 1111 Constitution 
Avenue NW., Washington, DC, or sent electronically via the Federal 
eRulemaking Portal at www.regulations.gov (IRS REG-143040-14).

FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, 
Pamela Lew, (202) 317-7053; concerning submissions of comments, Regina 
Johnson, (202) 317-6901 (not toll-free numbers).

SUPPLEMENTARY INFORMATION: 

[[Page 13293]]

Paperwork Reduction Act

    Section 1.6049-10T, which is published elsewhere in this issue of 
the Federal Register, requires a payor to report OID and acquisition 
premium on tax-exempt obligations acquired on or after January 1, 2017. 
This information is required to enable the IRS to verify that a 
taxpayer is reporting the correct amount of tax-exempt interest each 
year for alternative minimum tax and other purposes. In addition, 
because this information is used to report a taxpayer's adjusted basis 
in a debt instrument under section 6045(g), this information is 
required to enable the IRS to verify that a taxpayer is reporting the 
correct amount of gain or loss upon the sale of a tax-exempt 
obligation. The burden for the collection of information contained in 
Sec.  1.6049-10T and the corresponding proposed regulations in this 
document will be reflected in the burden on Form 1099-OID (OMB control 
number 1545-0117) when revised to request the additional information in 
the regulations.
    Upon the transfer of a covered security, section 6045A and Sec.  
1.6045A-1 require the transferring broker to provide to the transferee 
broker a transfer statement containing certain information relating to 
the security. This transfer statement generally provides the transferee 
broker the information needed to determine a customer's adjusted basis 
and whether any gain or loss with respect to the security is long-term, 
short-term, or ordinary as required by section 6045(g). Prior to the 
publication of Sec.  1.6045A-1T in this issue of the Federal Register, 
a broker did not have to provide a transfer statement for a section 
1256 option. In addition, a broker did not have to provide the last 
date on or before the transfer date that the broker made an adjustment 
for a particular item relating to a debt instrument. Section 1.6045A-
1T, however, now requires a broker to transfer this information for a 
section 1256 option transferred on or after January 1, 2016, and for a 
debt instrument transferred on or after June 30, 2015.
    The collection of information contained in section 1.6045A-1 
relating to the furnishing of information in connection with the 
transfer of securities has been reviewed and approved by the Office of 
Management and Budget in accordance with the Paperwork Reduction Act of 
1995 (44 U.S.C. 3507(d)) under control number 1545-2186. The collection 
of information in Sec.  1.6045A-1T and the corresponding proposed 
regulations in this document is necessary to allow brokers that effect 
sales of transferred section 1256 options and debt instruments that are 
covered securities to determine and report the adjusted basis of these 
securities in compliance with section 6045(g). This collection of 
information is required to comply with the provisions of section 403 of 
the Energy Improvement and Extension Act of 2008, Division B of Public 
Law 110-343 (122 Stat. 3765, 3854 (2008)) (the Act). The collection of 
information contained in Sec.  1.6045A-1T is an increase in the total 
annual burden under control number 1545-2186. The likely respondents 
are brokers transferring section 1256 options and debt instruments that 
are covered securities.
    Estimated total annual reporting burden is 3,333 hours.
    Estimated average annual burden per respondent is 2 hours.
    Estimated average burden per response is 4 minutes.
    Estimated number of respondents is 7,500.
    Estimated total frequency of responses is 200,000.
    The collection of information is required to comply with the 
provisions of section 403 of the Act.
    The holder of a debt instrument is permitted to make a number of 
elections that affect how basis is computed. To minimize the need for 
reconciliation between information reported by a broker to both a 
customer and the IRS and the amounts reported on the customer's tax 
return, a broker is required to take into account certain specified 
elections in reporting information to the customer. A customer, 
therefore, must provide certain information concerning an election to 
the broker in a written notification. A written notification includes a 
writing in electronic format. See Sec.  1.6045-1(n)(5).
    The collection of information contained in Sec.  1.6045-1(n)(5) 
relating to the furnishing of information by a customer to a broker in 
connection with the sale or transfer of a debt instrument that is a 
covered security has been reviewed and approved by the Office of 
Management and Budget in accordance with the Paperwork Reduction Act of 
1995 (44 U.S.C. 3507(d)) under control number 1545-2186. Under Sec.  
1.6045-1T(n)(11)(i)(A), which is published elsewhere in this issue of 
the Federal Register, unlike the rule in current Sec.  1.6045-1(n)(5) 
adopted in 2013, a broker must not take into account the election under 
Sec.  1.1272-3 in reporting a customer's adjusted basis in a debt 
instrument. Therefore, a customer is no longer required to notify the 
broker that the customer has made or revoked an election under Sec.  
1.1272-3. This change represents a decrease in the total annual burden 
under OMB control number 1545-2186. In addition, under Sec.  1.6045-
1T(n)(11)(i)(B), a broker must take into account the election under 
section 1276(b)(2) unless the customer timely notifies the broker that 
the customer has not make the election. The temporary regulations 
reverse the assumption in current Sec.  1.6045-1(n)(5) adopted in 2013. 
Because the section 1276(b)(2) election results in a more taxpayer-
favorable result than the default ratable method for accruing market 
discount in most cases, it is anticipated that more customers will want 
to use this method and these customers will no longer need to notify 
their brokers that they have made the election. As a result, this 
change represents a decrease in the total annual burden under OMB 
control number 1545-2186.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a valid 
control number assigned by the Office of Management and Budget.
    Books or records relating to a collection of information must be 
retained as long as their contents may become material in the 
administration of any internal revenue law. Generally, tax returns and 
tax return information are confidential, as required by section 6103.

Background and Explanation of Provisions

    Section 6045 generally requires a broker to report gross proceeds 
upon the sale of a security. Section 6045 was amended by section 403 of 
the Act to require the reporting of adjusted basis for a covered 
security and whether any gain or loss upon the sale of the security is 
long-term or short-term. In addition, the Act added section 6045A, 
which requires certain information to be reported in connection with a 
transfer of a covered security to another broker. Section 6049 requires 
the reporting of interest payments (including accruals of OID treated 
as payments).
    On April 18, 2013, the Treasury Department and the IRS published in 
the Federal Register (TD 9616 at 78 FR 23116) final regulations under 
sections 6045 and 6045A (the 2013 final basis reporting regulations). 
After the publication of the 2013 final basis reporting regulations in 
the Federal Register, the Treasury Department and the IRS received 
written comments on certain provisions of the 2013 final basis 
reporting regulations. In response to these written comments, temporary

[[Page 13294]]

regulations in the Rules and Regulations section of this issue of the 
Federal Register amend the Income Tax Regulations (26 CFR part 1) 
relating to sections 6045, 6045A, and 6049. The temporary regulations 
(1) amend Sec.  1.6045-1(n) of the 2013 final basis reporting 
regulations to change a broker's treatment of the election to treat all 
interest as OID under Sec.  1.1272-3 and the election to accrue market 
discount based on a constant yield under section 1276(b)(2), (2) amend 
Sec.  1.6045A-1 of the 2013 final basis reporting regulations to 
require transfer statement reporting under section 6045A for section 
1256 options, (3) amend Sec.  1.6045A-1 of the 2013 final basis 
reporting regulations to require an additional item of information to 
be provided on transfer statements for debt instruments, and (4) 
require information reporting under section 6049 for OID and 
acquisition premium on tax-exempt obligations. The text of the 
temporary regulations also serves as the text of these proposed 
regulations.

Consideration of Administrative Burdens Related to Basis Reporting

    A number of commenters have indicated that compliance with basis 
reporting requirements and the use of basis and other information 
reported by brokers will require considerable resources and effort on 
the part of return preparers and information recipients. The Treasury 
Department and the IRS are continuing to review all aspects of the 
information reporting process and are exploring ways to reduce the 
compliance burden for both brokers and for information recipients.

Special Analyses

    It has been determined that this notice of proposed rulemaking is 
not a significant regulatory action as defined in Executive Order 
12866, as supplemented by Executive Order 13563. Therefore, a 
regulatory assessment is not required. It also has been determined that 
section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) 
does not apply to these regulations.
    It is hereby certified that the collection of information in these 
regulations will not have a significant economic impact on a 
substantial number of small entities. Therefore, a Regulatory 
Flexibility Analysis under the Regulatory Flexibility Act (5 U.S.C. 
chapter 6) is not required. Any effect on small entities by the rules 
in the regulations generally flows directly from section 403 of the 
Act. In addition, it is anticipated that the requirements in the 
regulations in this document will fall only on financial services firms 
with annual receipts greater than the $38.5 million threshold and, 
therefore, on no small entities.
    Section 403(a) of the Act requires a broker to report the adjusted 
basis of a debt instrument that is a covered security. Although a 
holder of a debt instrument (customer) is permitted to make a number of 
elections that affect how basis is computed, a broker only is required 
to take into account specified elections in reporting a debt 
instrument's adjusted basis, including the election under section 
1276(b)(2) to determine accruals of market discount on a constant yield 
method. Under the 2013 final basis reporting regulations, a customer 
had to notify the broker that the customer had made the section 
1276(b)(2) election. However, Sec.  1.6045-1T(n)(11)(i)(B) requires a 
broker to take into account the election under section 1276(b)(2) in 
reporting a debt instrument's adjusted basis unless the customer timely 
notifies the broker that the customer has not made the election. The 
notification must be in writing, which includes a writing in electronic 
format. In most cases, this election results in a more taxpayer-
favorable result than the default ratable method. It is anticipated 
that this collection of information in the regulations will not fall on 
a substantial number of small entities, especially because fewer 
customers will need to notify brokers about the election. Further, the 
regulations generally implement the statutory requirements for 
reporting adjusted basis under section 403 of the Act. Moreover, any 
economic impact is expected to be minimal because it should take a 
customer no more than seven minutes to satisfy the information-sharing 
requirement in these regulations.
    Section 403(c) of the Act added section 6045A, which requires 
applicable persons to provide a transfer statement in connection with 
the transfer of custody of a covered security. Section 1.6045A-1T and 
the corresponding proposed regulations in this document effectuate the 
Act by giving the broker who receives the transfer statement the 
information necessary to determine and report adjusted basis and 
whether any gain or loss with respect to a debt instrument or section 
1256 option is long-term or short-term as required by section 6045 when 
the security is subsequently sold. Consequently, Sec.  1.6045A-1T and 
the corresponding proposed regulations in this document do not add to 
the impact on small entities imposed by the statutory provisions. 
Instead, the regulations limit the information to be reported to only 
those items necessary to effectuate the statutory scheme.
    The information required under Sec.  1.6049-10T and the 
corresponding proposed regulations in this document will enable the IRS 
to verify that a taxpayer is reporting the correct amount of tax-exempt 
interest each year for alternative minimum tax and other purposes. In 
addition, because this information is used to report a taxpayer's 
adjusted basis in a debt instrument under section 6045(g), this 
information is required to enable the IRS to verify that a taxpayer is 
reporting the correct amount of gain or loss upon the sale of a tax-
exempt obligation. Any economic impact on small entities is expected to 
be minimal because a broker already is required to determine the 
accruals of OID and acquisition premium for purposes of determining and 
reporting a customer's adjusted basis on Form 1099-B under section 
6045. Moreover, any effect on small entities by the rules in the final 
regulations flows from section 6049 and section 403 of the Act.
    Pursuant to section 7805(f) of the Internal Revenue Code, this 
notice of proposed rulemaking has been submitted to the Chief Counsel 
for Advocacy of the Small Business Administration for comment on its 
impact on small businesses.

Comments and Request for Public Hearing

    Before these proposed regulations are adopted as final regulations, 
consideration will be given to any written (a signed original and eight 
(8) copies) or electronic comments that are submitted timely to the IRS 
as prescribed in the preamble under the Addresses heading. The Treasury 
Department and the IRS welcome comments on the clarity of the proposed 
rules and how they can be made easier to understand. All comments will 
be available at www.regulations.gov for public inspection and copying. 
A public hearing may be scheduled if requested in writing by any person 
that timely submits written comments. If a public hearing is scheduled, 
notice of the date, time, and place for a public hearing will be 
published in the Federal Register.

Drafting Information

    The principal author of these regulations is Pamela Lew, Office of 
Associate Chief Counsel (Financial Institutions and Products). However, 
other personnel from the IRS and the Treasury Department participated 
in their development.

[[Page 13295]]

List of Subjects in 26 CFR Part 1

    Income Taxes, Reporting and recordkeeping requirements.

Proposed Amendments to the Regulations

    Accordingly, 26 CFR part 1 is proposed to be amended as follows:

PART 1--INCOME TAXES

0
Paragraph 1. The authority citation for part 1 is amended by adding 
entries in numerical order to read in part as follows:

    Authority:  26 U.S.C. 7805 * * *
    Section 1.6045-1(n)(11) also issued under 26 U.S.C. 6045(g). * * 
*
    Section 1.6045A-1(e) and (f) also issued under 26 U.S.C. 
6045A(a). * * *
    Section 1.6049-10 also issued under 26 U.S.C. 6049(a). * * *

0
Par. 2. Section 1.6045-1(n)(11) is added to read as follows:


Sec.  1.6045-1  Returns of information of brokers and barter exchanges.

    [The text of proposed Sec.  1.6045-1(n)(11) is the same as the text 
of Sec.  1.6045-1T(n)(11) published elsewhere in this issue of the 
Federal Register].
0
Par. 3. Sections 1.6045A-1(e) and (f) are added to read as follows:


Sec.  1.6045A-1  Statements of information required in connection with 
transfers of securities.

    [The text of proposed Sec.  1.6045A-1(e) and (f) is the same as the 
text of Sec.  1.6045A-1T(e) and (f) published elsewhere in this issue 
of the Federal Register].
0
Par. 4. Section 1.6049-10 is added to read as follows:


Sec.  1.6049-10  Reporting of original issue discount on a tax-exempt 
obligation.

[The text of proposed Sec.  1.6049-10 is the same as the text of 
Sec.  1.6049-10T published elsewhere in this issue of the Federal 
Register].

John Dalrymple,
Deputy Commissioner for Services and Enforcement.
[FR Doc. 2015-05654 Filed 3-12-15; 8:45 am]
 BILLING CODE P



                                                13292                     Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Proposed Rules

                                                                             Current regulations                                                          Proposed revisions to regulations

                                                If before the expiration of the 30-month period, or 7 ⁄ years where ap-
                                                                                                              12                      If before the expiration of the 30-month period, or 71⁄2 years where ap-
                                                   plicable:                                                                             plicable:
                                                      • (ii) the court issues a final order that the patent is invalid, unen-               • (ii) the district court decides that the patent is invalid, unenforce-
                                                        forceable, or not infringed, approval may be made effective on:                       able, or not infringed (including any substantive determination
                                                            — the date the court enters judgment;                                             that there is no cause of action for patent infringement or inva-
                                                      • (iii) the court issues a final order or judgment that the patent has                  lidity), the 505(b)(2) application or ANDA may be approved on:
                                                        been infringed, approval may be made effective on:                                        —(A) the date on which the court enters judgment reflecting
                                                            — the date the court determines that the patent will expire or                           the decision; or
                                                               otherwise orders                                                                   —(B) the date of a settlement order or consent decree signed
                                                      • (iv) the court grants a preliminary injunction prohibiting the appli-                        and entered by the court stating that the patent that is the
                                                        cant from engaging in the commercial manufacture or sale of the                              subject of the certification is invalid or not infringed.
                                                        drug product until the court decides the issues of patent validity                  • (iii) the district court decides that the patent has been infringed
                                                        and infringement, and if the court later decides that the patent is                   and the judgment is appealed, the 505(b)(2) application or
                                                        invalid, unenforceable, or not infringed, approval may be made                        ANDA may be approved on:
                                                        effective on:                                                                             —(A) the date on which the mandate is issued by the court of
                                                            — the date the court enters a final order or judgment that the                           appeals entering judgment that the patent is invalid or not
                                                               patent is invalid, unenforceable, or not infringed.                                   infringed; or
                                                                                                                                                  —(B) the date of a settlement order or consent decree signed
                                                                                                                                                     and entered by the court of appeals stating that the patent
                                                                                                                                                     is invalid or not infringed.
                                                                                                                                            • (iv) the district court decides that the patent has been infringed
                                                                                                                                              and the judgment is not appealed or is affirmed, the 505(b)(2)
                                                                                                                                              application or ANDA may be approved no earlier than the date
                                                                                                                                              specified by the district court in an order under 35 U.S.C.
                                                                                                                                              271(e)(4)(A).
                                                                                                                                            • (v) the district court grants a preliminary injunction prohibiting
                                                                                                                                              the applicant from engaging in the commercial manufacture or
                                                                                                                                              sale of the drug product until the court decides the issues of pat-
                                                                                                                                              ent validity and infringement:
                                                                                                                                                  — if the court later decides the patent is invalid, unenforce-
                                                                                                                                                     able, or not infringed, the 505(b)(2) application or ANDA
                                                                                                                                                     may be approved per § 314.107(b)(3)(ii).
                                                                                                                                                  —if the court decides that the patent has been infringed, the
                                                                                                                                                     505(b)(2) application or ANDA may be approved per
                                                                                                                                                     § 314.107(b)(3)(iii) or (b)(3)(iv), as applicable.
                                                                                                                                            • (vi) the patent owner or the exclusive patent licensee (or their
                                                                                                                                              representatives) agrees in writing that the 505(b)(2) application
                                                                                                                                              or ANDA may be approved any time on or after the date of the
                                                                                                                                              consent, approval may be granted on or after that date.
                                                                                                                                            • (vii) the court enters an order requiring the 30-month or 71⁄2-year
                                                                                                                                              period to be terminated, the 505(b)(2) application or ANDA may
                                                                                                                                              be approved in accordance with the court’s order.
                                                                                                                                            • (viii) the court enters an order of dismissal, with or without preju-
                                                                                                                                              dice, without a finding of infringement, the 505(b)(2) application
                                                                                                                                              or ANDA may be approved on or after the date of the order.



                                                [FR Doc. C1–2015–01666 Filed 3–12–15; 8:45 am]          ACTION: Notice of proposed rulemaking                   ADDRESSES:   Send submissions to:
                                                BILLING CODE 1505–01–D                                  by cross-reference to temporary                         CC:PA:LPD:PR (REG–143040–14), Room
                                                                                                        regulations.                                            5203, Internal Revenue Service, P.O.
                                                                                                                                                                Box 7604, Ben Franklin Station,
                                                                                                        SUMMARY:   In the Rules and Regulations                 Washington, DC 20044. Submissions
                                                DEPARTMENT OF THE TREASURY                              section of this issue of the Federal                    may be hand-delivered Monday through
                                                                                                        Register, the IRS is issuing temporary                  Friday between the hours of 8 a.m. and
                                                Internal Revenue Service                                regulations relating to information                     4 p.m. to CC:PA:LPD:PR (REG–143040–
                                                                                                        reporting by brokers for transactions                   14), Courier’s Desk, Internal Revenue
                                                26 CFR Part 1                                           involving debt instruments and options,                 Service, 1111 Constitution Avenue NW.,
                                                                                                        including the reporting of original issue               Washington, DC, or sent electronically
                                                [REG–143040–14]                                         discount (OID) and acquisition premium                  via the Federal eRulemaking Portal at
                                                                                                        on tax-exempt obligations, the treatment                www.regulations.gov (IRS REG–143040–
                                                RIN 1545–BM59                                           of certain holder elections for reporting               14).
                                                                                                        a taxpayer’s adjusted basis in a debt                   FOR FURTHER INFORMATION CONTACT:
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                Reporting of Original Issue Discount                    instrument, and transfer reporting for
                                                on Tax-Exempt Obligations; Basis and                                                                            Concerning the proposed regulations,
                                                                                                        section 1256 options and debt                           Pamela Lew, (202) 317–7053;
                                                Transfer Reporting by Securities                        instruments. The text of those
                                                Brokers for Debt Instruments and                                                                                concerning submissions of comments,
                                                                                                        regulations also serves as the text of                  Regina Johnson, (202) 317–6901 (not
                                                Options                                                 these proposed regulations.                             toll-free numbers).
                                                AGENCY: Internal Revenue Service (IRS),                 DATES:Written or electronic comments                    SUPPLEMENTARY INFORMATION:
                                                Treasury.                                               must be received by June 11, 2015.


                                           VerDate Sep<11>2014   20:40 Mar 12, 2015   Jkt 235001   PO 00000    Frm 00005   Fmt 4702   Sfmt 4702   E:\FR\FM\13MRP1.SGM    13MRP1


                                                                          Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Proposed Rules                                          13293

                                                Paperwork Reduction Act                                 brokers that effect sales of transferred              the customer has made or revoked an
                                                   Section 1.6049–10T, which is                         section 1256 options and debt                         election under § 1.1272–3. This change
                                                published elsewhere in this issue of the                instruments that are covered securities               represents a decrease in the total annual
                                                Federal Register, requires a payor to                   to determine and report the adjusted                  burden under OMB control number
                                                report OID and acquisition premium on                   basis of these securities in compliance               1545–2186. In addition, under § 1.6045–
                                                tax-exempt obligations acquired on or                   with section 6045(g). This collection of              1T(n)(11)(i)(B), a broker must take into
                                                after January 1, 2017. This information                 information is required to comply with                account the election under section
                                                is required to enable the IRS to verify                 the provisions of section 403 of the                  1276(b)(2) unless the customer timely
                                                that a taxpayer is reporting the correct                Energy Improvement and Extension Act                  notifies the broker that the customer has
                                                amount of tax-exempt interest each year                 of 2008, Division B of Public Law 110–                not make the election. The temporary
                                                for alternative minimum tax and other                   343 (122 Stat. 3765, 3854 (2008)) (the                regulations reverse the assumption in
                                                                                                        Act). The collection of information                   current § 1.6045–1(n)(5) adopted in
                                                purposes. In addition, because this
                                                                                                        contained in § 1.6045A–1T is an                       2013. Because the section 1276(b)(2)
                                                information is used to report a
                                                                                                        increase in the total annual burden                   election results in a more taxpayer-
                                                taxpayer’s adjusted basis in a debt
                                                                                                        under control number 1545–2186. The                   favorable result than the default ratable
                                                instrument under section 6045(g), this
                                                                                                        likely respondents are brokers                        method for accruing market discount in
                                                information is required to enable the
                                                                                                        transferring section 1256 options and                 most cases, it is anticipated that more
                                                IRS to verify that a taxpayer is reporting
                                                                                                        debt instruments that are covered                     customers will want to use this method
                                                the correct amount of gain or loss upon
                                                                                                        securities.                                           and these customers will no longer need
                                                the sale of a tax-exempt obligation. The                   Estimated total annual reporting                   to notify their brokers that they have
                                                burden for the collection of information                burden is 3,333 hours.                                made the election. As a result, this
                                                contained in § 1.6049–10T and the                          Estimated average annual burden per                change represents a decrease in the total
                                                corresponding proposed regulations in                   respondent is 2 hours.                                annual burden under OMB control
                                                this document will be reflected in the                     Estimated average burden per                       number 1545–2186.
                                                burden on Form 1099–OID (OMB                            response is 4 minutes.                                  An agency may not conduct or
                                                control number 1545–0117) when                             Estimated number of respondents is                 sponsor, and a person is not required to
                                                revised to request the additional                       7,500.                                                respond to, a collection of information
                                                information in the regulations.                            Estimated total frequency of responses             unless it displays a valid control
                                                   Upon the transfer of a covered                       is 200,000.                                           number assigned by the Office of
                                                security, section 6045A and § 1.6045A–                     The collection of information is                   Management and Budget.
                                                1 require the transferring broker to                    required to comply with the provisions                  Books or records relating to a
                                                provide to the transferee broker a                      of section 403 of the Act.                            collection of information must be
                                                transfer statement containing certain                      The holder of a debt instrument is                 retained as long as their contents may
                                                information relating to the security. This              permitted to make a number of elections               become material in the administration
                                                transfer statement generally provides                   that affect how basis is computed. To                 of any internal revenue law. Generally,
                                                the transferee broker the information                   minimize the need for reconciliation                  tax returns and tax return information
                                                needed to determine a customer’s                        between information reported by a                     are confidential, as required by section
                                                adjusted basis and whether any gain or                  broker to both a customer and the IRS                 6103.
                                                loss with respect to the security is long-              and the amounts reported on the
                                                term, short-term, or ordinary as required               customer’s tax return, a broker is                    Background and Explanation of
                                                by section 6045(g). Prior to the                        required to take into account certain                 Provisions
                                                publication of § 1.6045A–1T in this                     specified elections in reporting                         Section 6045 generally requires a
                                                issue of the Federal Register, a broker                 information to the customer. A                        broker to report gross proceeds upon the
                                                did not have to provide a transfer                      customer, therefore, must provide                     sale of a security. Section 6045 was
                                                statement for a section 1256 option. In                 certain information concerning an                     amended by section 403 of the Act to
                                                addition, a broker did not have to                      election to the broker in a written                   require the reporting of adjusted basis
                                                provide the last date on or before the                  notification. A written notification                  for a covered security and whether any
                                                transfer date that the broker made an                   includes a writing in electronic format.              gain or loss upon the sale of the security
                                                adjustment for a particular item relating               See § 1.6045–1(n)(5).                                 is long-term or short-term. In addition,
                                                to a debt instrument. Section 1.6045A–                     The collection of information                      the Act added section 6045A, which
                                                1T, however, now requires a broker to                   contained in § 1.6045–1(n)(5) relating to             requires certain information to be
                                                transfer this information for a section                 the furnishing of information by a                    reported in connection with a transfer of
                                                1256 option transferred on or after                     customer to a broker in connection with               a covered security to another broker.
                                                January 1, 2016, and for a debt                         the sale or transfer of a debt instrument             Section 6049 requires the reporting of
                                                instrument transferred on or after June                 that is a covered security has been                   interest payments (including accruals of
                                                30, 2015.                                               reviewed and approved by the Office of                OID treated as payments).
                                                   The collection of information                        Management and Budget in accordance                      On April 18, 2013, the Treasury
                                                contained in section 1.6045A–1 relating                 with the Paperwork Reduction Act of                   Department and the IRS published in
                                                to the furnishing of information in                     1995 (44 U.S.C. 3507(d)) under control                the Federal Register (TD 9616 at 78 FR
                                                connection with the transfer of                         number 1545–2186. Under § 1.6045–                     23116) final regulations under sections
                                                securities has been reviewed and                        1T(n)(11)(i)(A), which is published                   6045 and 6045A (the 2013 final basis
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                                                approved by the Office of Management                    elsewhere in this issue of the Federal                reporting regulations). After the
                                                and Budget in accordance with the                       Register, unlike the rule in current                  publication of the 2013 final basis
                                                Paperwork Reduction Act of 1995 (44                     § 1.6045–1(n)(5) adopted in 2013, a                   reporting regulations in the Federal
                                                U.S.C. 3507(d)) under control number                    broker must not take into account the                 Register, the Treasury Department and
                                                1545–2186. The collection of                            election under § 1.1272–3 in reporting a              the IRS received written comments on
                                                information in § 1.6045A–1T and the                     customer’s adjusted basis in a debt                   certain provisions of the 2013 final basis
                                                corresponding proposed regulations in                   instrument. Therefore, a customer is no               reporting regulations. In response to
                                                this document is necessary to allow                     longer required to notify the broker that             these written comments, temporary


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                                                13294                     Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Proposed Rules

                                                regulations in the Rules and Regulations                only on financial services firms with                 reported to only those items necessary
                                                section of this issue of the Federal                    annual receipts greater than the $38.5                to effectuate the statutory scheme.
                                                Register amend the Income Tax                           million threshold and, therefore, on no                  The information required under
                                                Regulations (26 CFR part 1) relating to                 small entities.                                       § 1.6049–10T and the corresponding
                                                sections 6045, 6045A, and 6049. The                        Section 403(a) of the Act requires a               proposed regulations in this document
                                                temporary regulations (1) amend                         broker to report the adjusted basis of a              will enable the IRS to verify that a
                                                § 1.6045–1(n) of the 2013 final basis                   debt instrument that is a covered                     taxpayer is reporting the correct amount
                                                reporting regulations to change a                       security. Although a holder of a debt
                                                                                                                                                              of tax-exempt interest each year for
                                                broker’s treatment of the election to treat             instrument (customer) is permitted to
                                                                                                                                                              alternative minimum tax and other
                                                all interest as OID under § 1.1272–3 and                make a number of elections that affect
                                                                                                                                                              purposes. In addition, because this
                                                the election to accrue market discount                  how basis is computed, a broker only is
                                                                                                                                                              information is used to report a
                                                based on a constant yield under section                 required to take into account specified
                                                                                                                                                              taxpayer’s adjusted basis in a debt
                                                1276(b)(2), (2) amend § 1.6045A–1 of the                elections in reporting a debt
                                                                                                                                                              instrument under section 6045(g), this
                                                2013 final basis reporting regulations to               instrument’s adjusted basis, including
                                                                                                                                                              information is required to enable the
                                                require transfer statement reporting                    the election under section 1276(b)(2) to
                                                                                                                                                              IRS to verify that a taxpayer is reporting
                                                under section 6045A for section 1256                    determine accruals of market discount
                                                                                                                                                              the correct amount of gain or loss upon
                                                options, (3) amend § 1.6045A–1 of the                   on a constant yield method. Under the
                                                                                                        2013 final basis reporting regulations, a             the sale of a tax-exempt obligation. Any
                                                2013 final basis reporting regulations to
                                                                                                        customer had to notify the broker that                economic impact on small entities is
                                                require an additional item of
                                                                                                        the customer had made the section                     expected to be minimal because a broker
                                                information to be provided on transfer
                                                                                                        1276(b)(2) election. However, § 1.6045–               already is required to determine the
                                                statements for debt instruments, and (4)
                                                                                                        1T(n)(11)(i)(B) requires a broker to take             accruals of OID and acquisition
                                                require information reporting under
                                                                                                        into account the election under section               premium for purposes of determining
                                                section 6049 for OID and acquisition
                                                                                                        1276(b)(2) in reporting a debt                        and reporting a customer’s adjusted
                                                premium on tax-exempt obligations.
                                                The text of the temporary regulations                   instrument’s adjusted basis unless the                basis on Form 1099–B under section
                                                also serves as the text of these proposed               customer timely notifies the broker that              6045. Moreover, any effect on small
                                                regulations.                                            the customer has not made the election.               entities by the rules in the final
                                                                                                        The notification must be in writing,                  regulations flows from section 6049 and
                                                Consideration of Administrative                         which includes a writing in electronic                section 403 of the Act.
                                                Burdens Related to Basis Reporting                      format. In most cases, this election                     Pursuant to section 7805(f) of the
                                                  A number of commenters have                           results in a more taxpayer-favorable                  Internal Revenue Code, this notice of
                                                indicated that compliance with basis                    result than the default ratable method.               proposed rulemaking has been
                                                reporting requirements and the use of                   It is anticipated that this collection of             submitted to the Chief Counsel for
                                                basis and other information reported by                 information in the regulations will not               Advocacy of the Small Business
                                                brokers will require considerable                       fall on a substantial number of small                 Administration for comment on its
                                                resources and effort on the part of return              entities, especially because fewer                    impact on small businesses.
                                                preparers and information recipients.                   customers will need to notify brokers
                                                The Treasury Department and the IRS                     about the election. Further, the                      Comments and Request for Public
                                                are continuing to review all aspects of                 regulations generally implement the                   Hearing
                                                the information reporting process and                   statutory requirements for reporting                    Before these proposed regulations are
                                                are exploring ways to reduce the                        adjusted basis under section 403 of the               adopted as final regulations,
                                                compliance burden for both brokers and                  Act. Moreover, any economic impact is                 consideration will be given to any
                                                for information recipients.                             expected to be minimal because it                     written (a signed original and eight (8)
                                                                                                        should take a customer no more than                   copies) or electronic comments that are
                                                Special Analyses
                                                                                                        seven minutes to satisfy the                          submitted timely to the IRS as
                                                  It has been determined that this notice               information-sharing requirement in
                                                of proposed rulemaking is not a                                                                               prescribed in the preamble under the
                                                                                                        these regulations.
                                                significant regulatory action as defined                                                                      ADDRESSES heading. The Treasury
                                                                                                           Section 403(c) of the Act added
                                                in Executive Order 12866, as                                                                                  Department and the IRS welcome
                                                                                                        section 6045A, which requires
                                                supplemented by Executive Order                         applicable persons to provide a transfer              comments on the clarity of the proposed
                                                13563. Therefore, a regulatory                          statement in connection with the                      rules and how they can be made easier
                                                assessment is not required. It also has                 transfer of custody of a covered security.            to understand. All comments will be
                                                been determined that section 553(b) of                  Section 1.6045A–1T and the                            available at www.regulations.gov for
                                                the Administrative Procedure Act (5                     corresponding proposed regulations in                 public inspection and copying. A public
                                                U.S.C. chapter 5) does not apply to these               this document effectuate the Act by                   hearing may be scheduled if requested
                                                regulations.                                            giving the broker who receives the                    in writing by any person that timely
                                                  It is hereby certified that the                       transfer statement the information                    submits written comments. If a public
                                                collection of information in these                      necessary to determine and report                     hearing is scheduled, notice of the date,
                                                regulations will not have a significant                 adjusted basis and whether any gain or                time, and place for a public hearing will
                                                economic impact on a substantial                        loss with respect to a debt instrument or             be published in the Federal Register.
                                                number of small entities. Therefore, a                  section 1256 option is long-term or                   Drafting Information
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                                                Regulatory Flexibility Analysis under                   short-term as required by section 6045
                                                the Regulatory Flexibility Act (5 U.S.C.                when the security is subsequently sold.                 The principal author of these
                                                chapter 6) is not required. Any effect on               Consequently, § 1.6045A–1T and the                    regulations is Pamela Lew, Office of
                                                small entities by the rules in the                      corresponding proposed regulations in                 Associate Chief Counsel (Financial
                                                regulations generally flows directly from               this document do not add to the impact                Institutions and Products). However,
                                                section 403 of the Act. In addition, it is              on small entities imposed by the                      other personnel from the IRS and the
                                                anticipated that the requirements in the                statutory provisions. Instead, the                    Treasury Department participated in
                                                regulations in this document will fall                  regulations limit the information to be               their development.


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                                                                          Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Proposed Rules                                           13295

                                                List of Subjects in 26 CFR Part 1                       DEPARTMENT OF LABOR                                   studies, journal articles), commenters
                                                                                                                                                              must submit these attachments to the
                                                  Income Taxes, Reporting and                           Occupational Safety and Health                        OSHA Docket Office, Technical Data
                                                recordkeeping requirements.                             Administration                                        Center (TDC), Room N–2625, OSHA,
                                                Proposed Amendments to the                                                                                    U.S. Department of Labor, 200
                                                                                                        29 CFR Parts 1910, 1915, 1917, 1918,                  Constitution Ave. NW., Washington, DC
                                                Regulations
                                                                                                        and 1926                                              20210. These attachments must clearly
                                                  Accordingly, 26 CFR part 1 is                         [Docket No. OSHA–2014–0024]
                                                                                                                                                              identify the sender’s name, date,
                                                proposed to be amended as follows:                                                                            subject, and docket number (i.e.,
                                                                                                        RIN 1218–AC87                                         OSHA–2014–0024 so that the Agency
                                                PART 1—INCOME TAXES                                                                                           can attach them to the appropriate
                                                                                                        Updating OSHA Standards Based on                      document.
                                                ■ Paragraph 1. The authority citation
                                                                                                        National Consensus Standards; Eye                       • Regular mail, express delivery,
                                                                                                        and Face Protection                                   hand delivery, and messenger (courier)
                                                for part 1 is amended by adding entries
                                                in numerical order to read in part as                   AGENCY: Occupational Safety and Health                service. Submit comments and any
                                                                                                        Administration (OSHA), Department of                  additional material (e.g., studies, journal
                                                follows:
                                                                                                        Labor.                                                articles) to the OSHA Docket Office,
                                                  Authority: 26 U.S.C. 7805 * * *                                                                             Docket No. OSHA–2013–0024 or RIN
                                                  Section 1.6045–1(n)(11) also issued under             ACTION: Notice of proposed rulemaking.
                                                                                                                                                              1218–AC8708 Technical Data Center,
                                                26 U.S.C. 6045(g). * * *                                SUMMARY:   The Occupational Safety and                Room N–2625, OSHA, U.S. Department
                                                  Section 1.6045A–1(e) and (f) also issued              Health Administration (‘‘OSHA’’ or                    of Labor, 200 Constitution Ave. NW.,
                                                under 26 U.S.C. 6045A(a). * * *                         ‘‘Agency’’) is issuing this notice of                 Washington, DC 20210; telephone: (202)
                                                  Section 1.6049–10 also issued under 26                                                                      693–2350. (OSHA’s TTY number is
                                                                                                        proposed rulemaking to update its
                                                U.S.C. 6049(a). * * *                                                                                         (877) 889–5627)). Note that security
                                                                                                        general industry, shipyard employment,
                                                                                                        marine terminals, longshoring, and                    procedures may result in significant
                                                ■ Par. 2. Section 1.6045–1(n)(11) is                                                                          delays in receiving comments and other
                                                added to read as follows:                               construction eye and face protection
                                                                                                        standards by incorporating by reference               written materials by regular mail.
                                                § 1.6045–1 Returns of information of                    the three most recent versions of the                 Contact the OSHA Docket Office for
                                                brokers and barter exchanges.                           American National Standards Institute                 information about security procedures
                                                                                                        (‘‘ANSI’’ or ‘‘national consensus                     for delivery of materials by express
                                                  [The text of proposed § 1.6045–                                                                             delivery, hand delivery, and messenger
                                                                                                        standard’’) Occupational and
                                                1(n)(11) is the same as the text of                                                                           service. The hours of operation for the
                                                                                                        Educational Eye and Face Protection
                                                § 1.6045–1T(n)(11) published elsewhere                                                                        OSHA Docket Office are 8:15 a.m. to
                                                                                                        standard. In addition, OSHA proposes
                                                in this issue of the Federal Register].                 to change language in the construction                4:45 p.m., e.t.
                                                ■ Par. 3. Sections 1.6045A–1(e) and (f)                 eye and face protection standard to                     • Instructions. All submissions must
                                                are added to read as follows:                                                                                 include the Agency name and the OSHA
                                                                                                        make it consistent with both the general
                                                                                                                                                              docket number (i.e., OSHA Docket No.
                                                                                                        industry and maritime standards.
                                                § 1.6045A–1 Statements of information                                                                         OSHA–2014–0024). OSHA will place
                                                                                                        DATES: Submit comments on this notice                 comments and other material, including
                                                required in connection with transfers of
                                                securities.                                             of proposed rule (including comments                  any personal information, in the public
                                                                                                        on the information-collection                         docket without revision, and these
                                                  [The text of proposed § 1.6045A–1(e)                  (paperwork) determination described                   materials will be available online at:
                                                and (f) is the same as the text of                      under the section titled Procedural                   http://www.regulations.gov. Therefore,
                                                § 1.6045A–1T(e) and (f) published                       Determinations, hearing requests, and                 the Agency cautions commenters about
                                                elsewhere in this issue of the Federal                  other information) by April 13, 2015.                 submitting statements they do not want
                                                Register].                                              All submissions must bear a postmark                  made public, or submitting comments
                                                ■ Par. 4. Section 1.6049–10 is added to                 or provide other evidence of the                      that contain personal information
                                                read as follows:                                        submission date (the following section                (either about themselves or others), such
                                                                                                        titled ADDRESSES describes the available              as social security numbers, birth dates,
                                                § 1.6049–10 Reporting of original issue                 methods of making submissions).                       and medical data.
                                                discount on a tax-exempt obligation.                    ADDRESSES: Submit comments, hearing                      OSHA invites comments on all issues
                                                                                                        requests, and other information as                    related to this notice of proposed
                                                [The text of proposed § 1.6049–10 is the same
                                                                                                        follows:                                              rulemaking. The Agency also welcomes
                                                as the text of § 1.6049–10T published
                                                                                                           • Electronic. Submit comments                      comments on its findings that this
                                                elsewhere in this issue of the Federal
                                                                                                        electronically to http://                             notice of proposed rulemaking will have
                                                Register].
                                                                                                        www.regulations.gov, which is the                     no impact on the regulated community.
                                                John Dalrymple,                                         Federal eRulemaking Portal. Follow the                   • Docket. To read or download
                                                Deputy Commissioner for Services and                    instructions online for submitting                    comments or other material in the
                                                Enforcement.                                            comments.                                             docket, go to http://
                                                [FR Doc. 2015–05654 Filed 3–12–15; 8:45 am]                • Facsimile. OSHA allows facsimile                 www.regulations.gov. The electronic
                                                                                                        transmission of comments and hearing                  docket for this notice of proposed rule
                                                BILLING CODE P
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                                                                                                        requests that are 10 pages or fewer in                established at http://
                                                                                                        length (including attachments). Send                  www.regulations.gov contains most of
                                                                                                        these documents to the OSHA Docket                    the documents in the docket. Some
                                                                                                        Office at (202) 693–1648; OSHA does                   information (e.g., copyrighted material),
                                                                                                        not require hard copies of these                      however, cannot be read or downloaded
                                                                                                        documents. Instead of transmitting                    through this Web site. All submissions,
                                                                                                        facsimile copies of attachments that                  including copyrighted material, are
                                                                                                        supplement these documents (e.g.,                     accessible at the OSHA Docket Office.


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Document Created: 2015-12-18 11:41:56
Document Modified: 2015-12-18 11:41:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking by cross-reference to temporary regulations.
DatesWritten or electronic comments must be received by June 11, 2015.
ContactConcerning the proposed regulations, Pamela Lew, (202) 317-7053; concerning submissions of comments, Regina Johnson, (202) 317-6901 (not toll-free numbers).
FR Citation80 FR 13292 
RIN Number1545-BM59
CFR AssociatedIncome Taxes and Reporting and Recordkeeping Requirements

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