81_FR_18749 81 FR 18687 - Proposed Collection; Comment Request for the Annual Return/Report of Employee Benefit Plan

81 FR 18687 - Proposed Collection; Comment Request for the Annual Return/Report of Employee Benefit Plan

DEPARTMENT OF THE TREASURY
Internal Revenue Service

Federal Register Volume 81, Issue 62 (March 31, 2016)

Page Range18687-18691
FR Document2016-07217

The Department of the Treasury, 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, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning the Annual Return/Report of Employee Benefit Plan.

Federal Register, Volume 81 Issue 62 (Thursday, March 31, 2016) 
[Federal Register Volume 81, Number 62 (Thursday, March 31, 2016)]
[Notices]
[Pages 18687-18691]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07217]


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

DEPARTMENT OF THE TREASURY

Internal Revenue Service


Proposed Collection; Comment Request for the Annual Return/Report 
of Employee Benefit Plan

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice and request for comments.

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

SUMMARY: The Department of the Treasury, 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, Public Law 104-13 (44 U.S.C. 
3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning 
the Annual Return/Report of Employee Benefit Plan.

DATES: Written comments should be received on or before May 31, 2016 to 
be assured of consideration.

ADDRESSES: Direct all written comments to Tuawana Pinkston, Internal 
Revenue Service, Room 6129, 1111 Constitution Avenue NW., Washington, 
DC 20224.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the forms and instructions should be directed to R. Joseph 
Durbala at Internal Revenue Service, Room 6129, 1111 Constitution 
Avenue NW., Washington, DC 20224, or through the internet at 
[email protected].

SUPPLEMENTARY INFORMATION:
    Title: Annual Return/Report of Employee Benefit Plan.
    OMB Number: 1545-1610.
    Form Number: 5500 and Schedules.
    Abstract: The Annual Return/Report of Employee Benefit Plan is an 
annual information return filed by employee benefit plans. The IRS uses 
this information for a variety of matters, including ascertainment 
whether a qualified retirement plan appears to conform to requirements 
under the Internal Revenue Code or whether the plan should be audited 
for compliance.
    Current Actions: PBGC, the Department of Labor (DOL), and the 
Internal Revenue Service (IRS) work together to produce the Form 5500 
Annual Return/Report for Employee Benefit Plan and Form 5500-SF Short 
Form Annual Return/Report for Small Employee Benefit Plan (Form 5500 
Series), through which the regulated public can satisfy the combined 
reporting/filing requirements applicable to employee benefit plans. The 
IRS produces Form 5500-SUP, a paper-only form, that is used by certain 
sponsors and administrators of retirement plans to satisfy certain of 
the reporting requirements of section 6058 of the Internal Revenue 
Code. Form 5500-SUP should be used only if certain IRS compliance 
questions are not answered electronically on the Form 5500 or Form 
5500-SF.

[[Page 18688]]

[GRAPHIC] [TIFF OMITTED] TN31MR16.009


[[Page 18689]]


[GRAPHIC] [TIFF OMITTED] TN31MR16.010


[[Page 18690]]


[GRAPHIC] [TIFF OMITTED] TN31MR16.011


[[Page 18691]]


[GRAPHIC] [TIFF OMITTED] TN31MR16.012

    The aforementioned changes will generate a decrease in burden by 
20,000 hours and decrease the estimated number of filers by 16,000 per 
year. The paper submission of this form will generate 500 responses and 
208 burden hours per year.
    Type of Review: Revision of a currently approved collection.
    Affected Public: Business or other for-profit organizations, 
individuals and households, not-for profit institutions, and farms.
    Estimated Number of Respondents: 806,500.
    Estimated Time per Respondent: 23 minutes.
    Estimated Total Annual Burden Hours: 320,208.
    The following paragraph applies to all of the collections of 
information covered by this notice:
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless the collection of 
information displays a valid OMB control number. 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 26 U.S.C. 6103.
    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 shall 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: March 24, 2016.
Tuawana Pinkston,
IRS, Reports Clearance Officer.
[FR Doc. 2016-07217 Filed 3-30-16; 8:45 am]
BILLING CODE 4830-01-P

Federal Register / Vol. 81, No. 62 / Thursday, March 31, 2016 / Notices 18687 SUMMARY: The Department of the Estimated Total Annual Burden burden, invites the general public and Treasury, as part of its continuing effort Hours for Permanent Residence other Federal agencies to take this to reduce paperwork and respondent Applicants: 250,000 hours. opportunity to comment on proposed burden, invites the general public and The following paragraph applies to all and/or continuing information other Federal agencies to take this of the collections of information covered collections, as required by the opportunity to comment on proposed by this notice. Paperwork Reduction Act of 1995, and/or continuing information An agency may not conduct or Public Law 104–13 (44 U.S.C. collections, as required by the sponsor, and a person is not required to 3506(c)(2)(A)). Currently, the IRS is Paperwork Reduction Act of 1995, respond to, a collection of information soliciting comments concerning the Public Law 104–13 (44 U.S.C. unless the collection of information Annual Return/Report of Employee 3506(c)(2)(A)). Currently, the IRS is displays a valid OMB control number. Benefit Plan. soliciting comments concerning an Books or records relating to a collection DATES: Written comments should be existing final regulation, (TD 9679), of information must be retained as long received on or before May 31, 2016 to Information Reporting by Passport as their contents may become material be assured of consideration. Applicants. in the administration of any internal revenue law. Generally, tax returns and ADDRESSES: Direct all written comments DATES: Written comments should be tax return information are confidential, to Tuawana Pinkston, Internal Revenue received on or before May 31, 2016 to as required by 26 U.S.C. 6103. Service, Room 6129, 1111 Constitution be assured of consideration. Request for Comments: Comments Avenue NW., Washington, DC 20224. ADDRESSES: Direct all written comments submitted in response to this notice will FOR FURTHER INFORMATION CONTACT: to Tuawana Pinkston, Internal Revenue be summarized and/or included in the Requests for additional information or Service, room 6526, 1111 Constitution request for OMB approval. All copies of the forms and instructions Avenue NW., Washington, DC 20224. comments will become a matter of should be directed to R. Joseph Durbala FOR FURTHER INFORMATION CONTACT: public record. Comments are invited on: at Internal Revenue Service, Room 6129, Requests for additional information or (a) Whether the collection of 1111 Constitution Avenue NW., copies of this regulation should be information is necessary for the proper Washington, DC 20224, or through the directed to LaNita Van Dyke, Internal performance of the functions of the internet at RJoseph.Durbala@irs.gov. Revenue Service, room 6517, 1111 agency, including whether the SUPPLEMENTARY INFORMATION: Constitution Avenue NW., Washington, information shall have practical utility; Title: Annual Return/Report of DC 20224, or through the internet at (b) the accuracy of the agency’s estimate Employee Benefit Plan. Lanita.VanDyke@irs.gov. of the burden of the collection of OMB Number: 1545–1610. SUPPLEMENTARY INFORMATION: information; (c) ways to enhance the Form Number: 5500 and Schedules. Title: Information Reporting by quality, utility, and clarity of the Abstract: The Annual Return/Report Passport Applicants. information to be collected; (d) ways to of Employee Benefit Plan is an annual OMB Number: 1545–1359. minimize the burden of the collection of information return filed by employee Regulation Project Number: (TD information on respondents, including benefit plans. The IRS uses this 9679)(final). through the use of automated collection information for a variety of matters, Abstract: These final regulations techniques or other forms of information including ascertainment whether a provide information reporting rules for technology; and (e) estimates of capital qualified retirement plan appears to certain passport applicants. These final or start-up costs and costs of operation, conform to requirements under the regulations apply to certain individuals maintenance, and purchase of services Internal Revenue Code or whether the applying for passports (including to provide information. plan should be audited for compliance. renewals) and provide guidance to such Approved: March 15, 2016. Current Actions: PBGC, the individuals about the information that Tuawana Pinkston, Department of Labor (DOL), and the must be included with their passport IRS Reports Clearance Officer. Internal Revenue Service (IRS) work application. [FR Doc. 2016–07219 Filed 3–30–16; 8:45 am] together to produce the Form 5500 Current Actions: There is no change to BILLING CODE 4830–01–P Annual Return/Report for Employee the total burden of these final Benefit Plan and Form 5500–SF Short regulations. Form Annual Return/Report for Small Type of Review: Extension of a DEPARTMENT OF THE TREASURY Employee Benefit Plan (Form 5500 currently approved collection. Series), through which the regulated Affected Public: Individuals or Internal Revenue Service public can satisfy the combined households. reporting/filing requirements applicable Estimated Number of Respondents for Proposed Collection; Comment to employee benefit plans. The IRS Passport Applicants: 5,000,000. Request for the Annual Return/Report produces Form 5500–SUP, a paper-only Estimated Time Per Respondent: 6 of Employee Benefit Plan form, that is used by certain sponsors minutes. AGENCY: Internal Revenue Service (IRS), and administrators of retirement plans Estimated Total Annual Burden Treasury. to satisfy certain of the reporting Hours for Passport Applicants: 500,000. ACTION: Notice and request for requirements of section 6058 of the Estimated Number of Respondent’s comments. Internal Revenue Code. Form 5500–SUP mstockstill on DSK4VPTVN1PROD with NOTICES for Permanent Resident Applicants: should be used only if certain IRS 500,000. SUMMARY: The Department of the compliance questions are not answered Estimated Time Per Respondent: 30 Treasury, as part of its continuing effort electronically on the Form 5500 or Form minutes. to reduce paperwork and respondent 5500–SF. VerDate Sep<11>2014 19:09 Mar 30, 2016 Jkt 238001 PO 00000 Frm 00124 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1

18688 Federal Register / Vol. 81, No. 62 / Thursday, March 31, 2016 / Notices IRS Proposed Changes on the 2016 Form 5500 Series Returns Question on the Form Proposed 2016 Compliance and Use for 2015 Form 5500s Changes 1 a. Name of trust Form 5500 a. Name of trust • This question was approved by Sch. H/1, 5500- OMB for the 2015 Form 5500 SF, 5500-EZ, b. Trust's EIN and b. Trust's EIN Series. 5500-SUP • Requiring trust identifying c. Name of trustee c. Name of trustee information will assist the IRS in or custodian or custodian discharging its basic tax compliance and enforcement responsibilities d. Trustee's or d. Trustee's or with respect to tax-favored trusts. custodian's telephone custodian's telephone • This question was on former number number Schedule P up to 2006 where it had been approved in an information collection. 2 a. Preparer's name Forms a. Preparer's name • This question was approved by (including firm name, 5500, (including firm name, if OMB for the 2015 Form 5500 5500- if applicable) and SF, applicable) and Series. address (include room 5500- address (include room • Information on Form 5500 Series or suite number) EZ, and or suite number) preparers will assist the IRS in 5500- identifying preparers who have Sup. engaged in patterns of b. Preparer's b. Preparer's telephone number telephone number noncompliance. • Preparer questions were on Form 5500 through 2009 and after 2011 where they had been approved in an information collection. 3 a. Is the plan a Form 5500 a. Is the plan a • This question seeks basic Sch R, 401(k) plan? 401(k) plan? information on the method by which 5500-SF, and D Yes D No 5500-SUP. D Yes DNo a 401(k) plan satisfied the nondiscrimination requirements for b. If /{Yes," how does If /{No," skip b. employee deferrals. This information the 401(k) plan satisfy is fundamental to IRS's ability to the nondiscrimination b. How did the plan monitor plans for compliance with requirements for satisfy the the nondiscrimination rules. employee deferrals nondiscrimination and employer requirements for matching employee deferrals contributions (as under sections applicable) under 401(k)(3) for the plan sections 401(k)(3) and year? Check all that 401(m)(2)? (See apply: instructions) D Design-based safe D Design-based safe harbor harbor method D ADP/ACPtest D /{Prior year" ADP test c. If ADP/ACP test is D /{Current year" ADP test used, did the 401(k) plan perform D N/A mstockstill on DSK4VPTVN1PROD with NOTICES ADP/ACP testing for the plan year using EN31MR16.009</GPH> VerDate Sep<11>2014 19:09 Mar 30, 2016 Jkt 238001 PO 00000 Frm 00125 Fmt 4703 Sfmt 4725 E:\FR\FM\31MRN1.SGM 31MRN1

Federal Register / Vol. 81, No. 62/Thursday, March 31, 2016 / Notices 18689 the "current year testing method" for nonhighly compensated employees (Treas. Reg sections 1.401(k)— 2(a)(2)(ii) and 1.401(m)—2(a)(2)(ii))? Yes |:| No a. Check the box to Form 5500 a. What testing This question seeks basic indicate the method :;h;,dssoo- method was used to information on the method by which a used by the plan to 55'00_SUP, satisfy the coverage qualified plan satisfied the minimum satisfy the coverage requirements under coverage requirements on employee requirements under section 410(b) for the participation. This information is section 410(b): plan year? Check all fundamental to IRS‘s ability to Ratio percentage test that apply: monitor plans for compliance with the Average benefit test Ratio percentage test minimum coverage rules. Average benefit test This question was on former 8 . b. Does the plan satisfy N/A Schedule T whqre it had.been . the coverage and approved in an information collection. nondiscrimination tests b. Did the plan of sections 410(b) and satisfy the coverage 401(a)(4) by combining and nondiscrimination this plan with any other requirements of plans under the sections 410(b) and permissive aggregation 401(a)(4) for the plan rules? year by combining this |:| Yes |:| No plan with any other plan under the permissive aggregation rules? |:| Yes |:| No Were in—service Form This question should assist in 3ti§ilb}éfiéoniargade 221?10 Defined Benefit Plan or the identification of whether year? J P #/1, Money Purchase distributions to emp}oyees are being Yes D No 5500— Pension Plan only: madq before otherw1se permissible in If "Yes," enter SF, Were any distributions a defined benefit or money purchase amount 5500— made during the plan plan. EZ, and 5500— year to an employee sSUP who attained age 62 and had not separated from service? |:| Yes |:| No Did the plan trust incur unrelated Form Deleted business taxable income? 5500, |:| Yes |:| No |:| Sch N/A H/I, 5500— SF, If Yes, enter amount ____ 5500— EZ, and

18690 Federal Register / Vol. 81, No. 62 / Thursday, March 31, 2016 / Notices 5500- SUP 7 a. Has the Plan been Sch R a. If the plan is a • Whether and when a plan timely amended for all Line master and prototype received a favorable opinion letter, 23a required law changes? plan (M&P) or volume advisory letter or determination letter 5500-SF 17a submitter plan that from the IRS is a significant indicator b. Date the last Plan 5500- received a favorable of whether the form of the plan amendment/restatement SUP, IRS opinion letter or satisfies the qualification requirements for the required law Line 6a advisory letter, enter under section 40l(a). changes was 5500- EZ, the date of the letter adopted_I_1__ . Line Enter the applicable - 13a code __ (See - - and the serial number instructions for tax law changes and codes). b. If the plan is an individually-designed c. If the plan plan that received a sponsor is an adopter of favorable a pre-approved master, determination letter prototype (M&P), or from the IRS, enter the volume submitter plan date of the most that is subject to a recent determination favorable opinion or letter advisory letter from IRS, please enter the date of plan's last - opinion or advisory letter-I -I - and a letter serial number d. If the plan is an individually -designed plan and received a favorable determination letter from IRS, please enter the date of plan's last favorable determination letter I I 8 Were required minimum Form Was any plan participant a 5% • This information identifies plans to distributions made to 5% 5500-SF owner who had attained at least which special rules apply that require and age 70 Y, during the prior plan owners who have attained 5500-EZ year? minimum distributions to a participant age 70 Y, (regardless of whether or not retired), as only DYes D No regardless of whether he or she continues in employment. The required under section information will assist the IRS to 401(a)(9)? monitor plan compliance. D Yes D No D mstockstill on DSK4VPTVN1PROD with NOTICES N/A EN31MR16.011</GPH> VerDate Sep<11>2014 19:09 Mar 30, 2016 Jkt 238001 PO 00000 Frm 00127 Fmt 4703 Sfmt 4725 E:\FR\FM\31MRN1.SGM 31MRN1

Federal Register / Vol. 81, No. 62 / Thursday, March 31, 2016 / Notices 18691 The aforementioned changes will Approved: March 24, 2016. uses Form 972 as a check to see if an generate a decrease in burden by 20,000 Tuawana Pinkston, amended return is filed by the hours and decrease the estimated IRS, Reports Clearance Officer. shareholder to include the amount in number of filers by 16,000 per year. The [FR Doc. 2016–07217 Filed 3–30–16; 8:45 am] income and to determine if the paper submission of this form will BILLING CODE 4830–01–P corporation claimed the correct amount generate 500 responses and 208 burden as a deduction on its tax return. hours per year. Current Actions: There is no change Type of Review: Revision of a DEPARTMENT OF THE TREASURY in the paperwork burden previously currently approved collection. approved by OMB. Affected Public: Business or other for- Internal Revenue Service Type of Review: Extension of a profit organizations, individuals and currently approved collection. households, not-for profit institutions, Proposed Collection; Comment Affected Public: Business or other for- and farms. Request for Information Collection profit organizations. Estimated Number of Respondents: Tools Estimated Number of Respondents: 806,500. AGENCY: Internal Revenue Service (IRS), 100. Estimated Time per Respondent: 23 Treasury. Estimated Time per Respondent: 3 minutes. ACTION: Notice and request for hrs, 51 min. Estimated Total Annual Burden comments. Estimated Total Annual Burden Hours: 320,208. Hours: 385. The following paragraph applies to all SUMMARY: The Department of the The following paragraph applies to all of the collections of information covered Treasury, as part of its continuing effort of the collections of information covered by this notice: to reduce paperwork and respondent by this notice: An agency may not conduct or burden, invites the general public and An agency may not conduct or sponsor, and a person is not required to other Federal agencies to take this sponsor, and a person is not required to respond to, a collection of information opportunity to comment on proposed respond to, a collection of information unless the collection of information and/or continuing information unless the collection of information displays a valid OMB control number. collections, as required by the displays a valid OMB control number. Books or records relating to a collection Paperwork Reduction Act of 1995, Books or records relating to a collection of information must be retained as long Public Law 104–13 (44 U.S.C. of information must be retained as long as their contents may become material 3506(c)(2)(A)). Currently, the IRS is as their contents may become material in the administration of any internal soliciting comments concerning Form in the administration of any internal revenue law. Generally, tax returns and 972, Consent of Shareholder To Include revenue law. Generally, tax returns and tax return information are confidential, Specific Amount in Gross Income. tax return information are confidential, as required by 26 U.S.C. 6103. DATES: Written comments should be as required by 26 U.S.C. 6103. Request for Comments: Comments received on or before May 31, 2016 to Request For Comments: Comments submitted in response to this notice will be assured of consideration. submitted in response to this notice will be summarized and/or included in the ADDRESSES: Direct all written comments be summarized and/or included in the request for OMB approval. All to Tuawana Pinkston, Internal Revenue request for OMB approval. All comments will become a matter of Service, Room 6526, 1111 Constitution comments will become a matter of public record. Comments are invited on: Avenue NW., Washington, DC 20224. public record. Comments are invited on: (a) Whether the collection of FOR FURTHER INFORMATION CONTACT: (a) Whether the collection of information is necessary for the proper Requests for additional information or information is necessary for the proper performance of the functions of the copies of the collection tools should be performance of the functions of the agency, including whether the directed to LaNita Van Dyke, Internal agency, including whether the information shall have practical utility; Revenue Service, Room 6517, 1111 information shall have practical utility; (b) the accuracy of the agency’s estimate Constitution Avenue NW., Washington, (b) the accuracy of the agency’s estimate of the burden of the collection of DC 20224, or through the Internet at of the burden of the collection of information; (c) ways to enhance the Lanita.VanDyke@irs.gov. information; (c) ways to enhance the quality, utility, and clarity of the SUPPLEMENTARY INFORMATION: quality, utility, and clarity of the information to be collected; (d) ways to Title: Consent of Shareholder To information to be collected; (d) ways to mstockstill on DSK4VPTVN1PROD with NOTICES minimize the burden of the collection of Include Specific Amount in Gross minimize the burden of the collection of information on respondents, including Income. information on respondents, including through the use of automated collection OMB Number: 1545–0043. through the use of automated collection techniques or other forms of information Form Number: 972. techniques or other forms of information technology; and (e) estimates of capital Abstract: Form 972 is filed by technology; and (e) estimates of capital or start-up costs and costs of operation, shareholders of corporations who agree or start-up costs and costs of operation, maintenance, and purchase of services to include a consent dividend in gross maintenance, and purchase of services EN31MR16.012</GPH> to provide information. income as a taxable dividend. The IRS to provide information. VerDate Sep<11>2014 19:09 Mar 30, 2016 Jkt 238001 PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 E:\FR\FM\31MRN1.SGM 31MRN1


Document Created: 2016-03-31 00:55:53
Document Modified: 2016-03-31 00:55:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice and request for comments.
DatesWritten comments should be received on or before May 31, 2016 to be assured of consideration.
ContactRequests for additional information or copies of the forms and instructions should be directed to R. Joseph Durbala at Internal Revenue Service, Room 6129, 1111 Constitution Avenue NW., Washington, DC 20224, or through the internet at [email protected]
FR Citation81 FR 18687 
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR