81_FR_4622 81 FR 4605 - Disguised Payments for Services; Hearing

81 FR 4605 - Disguised Payments for Services; Hearing

DEPARTMENT OF THE TREASURY
Internal Revenue Service

Federal Register Volume 81, Issue 17 (January 27, 2016)

Page Range4605-4606
FR Document2016-01520

This document provides a notice of public hearing on proposed regulations relating to disguised payments for services under section 707(a)(2)(A) of the Internal Revenue Code.

Federal Register, Volume 81 Issue 17 (Wednesday, January 27, 2016) 
[Federal Register Volume 81, Number 17 (Wednesday, January 27, 2016)]
[Proposed Rules]
[Pages 4605-4606]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01520]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[REG-115452-14]
RIN 1545-BM12


Disguised Payments for Services; Hearing

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of a public hearing on notice of proposed rulemaking.

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SUMMARY: This document provides a notice of public hearing on proposed 
regulations relating to disguised payments for services under section 
707(a)(2)(A) of the Internal Revenue Code.

DATES: The public hearing is being held on Friday, February 26, 2016, 
at 10:00 a.m. The IRS must receive outlines of the topics to be 
discussed at the public hearing by Monday, February 8, 2016.

ADDRESSES: The public hearing is being held in the IRS Auditorium, 
Internal Revenue Service Building, 1111 Constitution Avenue NW., 
Washington, DC 20224. Due to building security procedures, visitors 
must enter at the Constitution Avenue entrance. In addition, all 
visitors must present photo identification to enter the building.
    Send Submissions to CC:PA:LPD:PR (REG-115452-14), Room 5205, 
Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, 
Washington, DC 20044. Submissions may be hand-delivered Monday through 
Friday to CC:PA:LPD:PR (REG-115452-14), Couriers Desk, Internal Revenue 
Service, 1111 Constitution Avenue NW., Washington, DC 20224 or sent 
electronically via the Federal eRulemaking Portal at 
www.regulations.gov (IRS REG-115452-14).

FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, 
Wendy Kribell at (202) 317-6850; concerning submissions of comments, 
the hearing and/or to be placed on the building access list to attend 
the hearing Oluwafunmilayo Taylor at (202) 317-6901 (not toll-free 
numbers).

SUPPLEMENTARY INFORMATION: 
    The subject of the public hearing is the notice of proposed 
rulemaking (REG-115452-14) that was published in the Federal Register 
on Thursday, July 23, 2015 (80 FR 43652).
    The rules of 26 CFR 601.601(a)(3) apply to the hearing. Persons who 
wish to present oral comments at the hearing that submitted written 
comments by November 16, 2015, must submit an outline of the topics to 
be addressed and the amount of time to be denoted to each topic by 
Monday, February 8, 2016.
    A period of 10 minutes is allotted to each person for presenting 
oral comments. After the deadline for receiving outlines has passed, 
the IRS will prepare an agenda containing the schedule of speakers. 
Copies of the agenda will be made available, free of charge, at the 
hearing or in the Freedom

[[Page 4606]]

of Information Reading Room (FOIA RR) (Room 1621) which is located at 
the 11th and Pennsylvania Avenue NW., entrance, 1111 Constitution 
Avenue NW., Washington, DC 20224.
    Because of access restrictions, the IRS will not admit visitors 
beyond the immediate entrance area more than 30 minutes before the 
hearing starts. For information about having your name placed on the 
building access list to attend the hearing, see the FOR FURTHER 
INFORMATION CONTACT section of this document.

Martin V. Franks,
Chief, Publications and Regulations Branch, Legal Processing Division, 
Associate Chief Counsel, (Procedure and Administration).
[FR Doc. 2016-01520 Filed 1-26-16; 8:45 am]
 BILLING CODE 4830-01-P

Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Proposed Rules 4605 covered workforce is employed. For covered workforce is employed if the ACTION: Notice of a public hearing on example, a normal retirement age under participants to which this normal notice of proposed rulemaking. a governmental plan that is age 55 for retirement age applies are qualified a participant who has been credited public safety employees (within the SUMMARY: This document provides a with 25 years of service would satisfy meaning of section 72(t)(10)(B)). For notice of public hearing on proposed the rule described in this paragraph. example, a normal retirement age that regulations relating to disguised (E) Service-based combination safe covers only qualified public safety payments for services under section harbor. A normal retirement age under employees and that is an employee’s age 707(a)(2)(A) of the Internal Revenue a governmental plan that is the earlier when the employee has been credited Code. of the participant’s age at which the with 25 years of service under a DATES: The public hearing is being held participant has been credited with at governmental plan would satisfy this on Friday, February 26, 2016, at 10:00 least 25 years of service under the plan safe harbor. a.m. The IRS must receive outlines of and an age that satisfies any other safe (I) Reserved. the topics to be discussed at the public harbor provided under paragraphs (J) Other normal retirement ages. In hearing by Monday, February 8, 2016. (b)(2)(v)(B) through (D) of this section is the case of a normal retirement age ADDRESSES: The public hearing is being deemed to be not earlier than the under a governmental plan that fails to held in the IRS Auditorium, Internal earliest age that is reasonably satisfy any safe harbor described in Revenue Service Building, 1111 representative of the typical retirement paragraph (b)(2)(ii) of this section or this Constitution Avenue NW., Washington, age for the industry in which the paragraph (b)(2)(v), whether the age is DC 20224. Due to building security covered workforce is employed. For not earlier than the earliest age that is procedures, visitors must enter at the example, a normal retirement age under reasonably representative of the typical Constitution Avenue entrance. In a governmental plan that is the earlier retirement age for the industry in which addition, all visitors must present photo of the participant’s age at which the the covered workforce is employed is identification to enter the building. participant has been credited with 25 based on all of the relevant facts and Send Submissions to CC:PA:LPD:PR years of service under the plan and the circumstances. (REG–115452–14), Room 5205, Internal later of age 60 or the age at which the (vi) Special normal retirement age Revenue Service, P.O. Box 7604, Ben participant has been credited with 5 rule for certain plans. See section 411(f), Franklin Station, Washington, DC years of service under the plan would which provides a special rule for 20044. Submissions may be hand- satisfy this safe harbor. determining a permissible normal delivered Monday through Friday to (F) Age 50 safe harbor for qualified retirement age under certain defined CC:PA:LPD:PR (REG–115452–14), public safety employees. A normal benefit plans. Couriers Desk, Internal Revenue retirement age under a governmental * * * * * Service, 1111 Constitution Avenue NW., plan that is age 50 or later is deemed to (4) Effective/applicability date. * * * be not earlier than the earliest age that Washington, DC 20224 or sent In the case of a governmental plan (as electronically via the Federal is reasonably representative of the defined in section 414(d)), the rules in typical retirement age for the industry in eRulemaking Portal at paragraph (b)(2)(v) of this section are www.regulations.gov (IRS REG–115452– which the covered workforce is effective for employees hired during employed if the participants to which 14). plan years beginning on or after the later FOR FURTHER INFORMATION CONTACT: this normal retirement age applies are of: January 1, 2017; or the close of the qualified public safety employees Concerning the proposed regulations, first regular legislative session of the Wendy Kribell at (202) 317–6850; (within the meaning of section legislative body with the authority to 72(t)(10)(B)). concerning submissions of comments, amend the plan that begins on or after the hearing and/or to be placed on the (G) Sum of 70 safe harbor for the date that is 3 months after the final qualified public safety employees. A building access list to attend the hearing regulations are published in the Federal Oluwafunmilayo Taylor at (202) 317– normal retirement age under a Register. However, a governmental plan 6901 (not toll-free numbers). governmental plan that is the sponsor may elect to apply the rules of participant’s age at which the sum of the SUPPLEMENTARY INFORMATION: paragraph (b)(2)(v) of this section to participant’s age plus the number of The subject of the public hearing is earlier periods. * * * years of service that have been credited the notice of proposed rulemaking to the participant under the plan equals John M. Dalrymple, (REG–115452–14) that was published in 70 or more, is deemed to be not earlier Deputy Commissioner for Services and the Federal Register on Thursday, July than the earliest age that is reasonably Enforcement. 23, 2015 (80 FR 43652). representative of the typical retirement [FR Doc. 2016–01639 Filed 1–26–16; 8:45 am] The rules of 26 CFR 601.601(a)(3) age for the industry in which the BILLING CODE 4830–01–P apply to the hearing. Persons who wish covered workforce is employed if the to present oral comments at the hearing participants to which this normal that submitted written comments by retirement age applies are qualified DEPARTMENT OF THE TREASURY November 16, 2015, must submit an public safety employees (within the outline of the topics to be addressed and meaning of section 72(t)(10)(B)). Internal Revenue Service the amount of time to be denoted to (H) Service-based safe harbor for each topic by Monday, February 8, asabaliauskas on DSK5VPTVN1PROD with PROPOSALS qualified public safety employees. A 26 CFR Part 1 2016. normal retirement age under a [REG–115452–14] A period of 10 minutes is allotted to governmental plan that is the age at each person for presenting oral which the participant has been credited RIN 1545–BM12 comments. After the deadline for with at least 20 years of service under receiving outlines has passed, the IRS Disguised Payments for Services; the plan is deemed to be not earlier than will prepare an agenda containing the Hearing the earliest age that is reasonably schedule of speakers. Copies of the representative of the typical retirement AGENCY: Internal Revenue Service (IRS), agenda will be made available, free of age for the industry in which the Treasury. charge, at the hearing or in the Freedom VerDate Sep<11>2014 17:50 Jan 26, 2016 Jkt 238001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\27JAP1.SGM 27JAP1

4606 Federal Register / Vol. 81, No. 17 / Wednesday, January 27, 2016 / Proposed Rules of Information Reading Room (FOIA RR) Commission’s rules concerning the Service is required by statute to publish (Room 1621) which is located at the product lists, 39 CFR part 3020. The its proposed changes to the MCS in the 11th and Pennsylvania Avenue NW., proposed amendments make minor Federal Register,4 a re-publication by entrance, 1111 Constitution Avenue changes to rules that obligate the the Commission is duplicative and not NW., Washington, DC 20224. Commission to publish, in the Federal required by statute.5 Similarly, again Because of access restrictions, the IRS Register, the initial proposals from the because the MCS is an interpretive rule, will not admit visitors beyond the Postal Service requesting to modify the the Commission is not obligated to immediate entrance area more than 30 product lists published in the Mail provide notice-and-comment for minutes before the hearing starts. For Classification Schedule (MCS) and draft modifications proposed by itself or third information about having your name modifications to the MCS approved by parties, such as the Public placed on the building access list to the Commission. There is no statutory Representative or users of the mail.6 attend the hearing, see the FOR FURTHER requirement that the Commission All actual changes on the MCS take INFORMATION CONTACT section of this publish these notices and orders. effect only when the Commission issues document. Specifically the proposed rules remove the revised MCS (based on the draft). the Commission’s obligation to publish The Commission’s final orders regarding Martin V. Franks, duplicative filings: (1) The initial proposed changes to the MCS state Chief, Publications and Regulations Branch, notices and orders identifying a Postal whether the change has been approved Legal Processing Division, Associate Chief Service request to modify the MCS, Counsel, (Procedure and Administration). by the Commission and adds the change which are duplicative of the Postal to a working draft of the MCS that can [FR Doc. 2016–01520 Filed 1–26–16; 8:45 am] Service notices/requests to modify the be found on the Commission’s Web site. BILLING CODE 4830–01–P MCS; and (2) the orders identifying draft The working draft does not constitute a MCS changes approved by the revised MCS.7 The Commission is only Commission but not yet finalized in a obligated to publish actual changes on POSTAL REGULATORY COMMISSION modification to the MCS, which are interpretive rules in the Federal duplicative of the quarterly MCS Register.8 An actual MCS modification 39 CFR Part 3020 update. As required, pursuant to occurs only when the Commission [Docket No. RM2016–5; Order No. 2039] § 3020.14,1 the Commission will incorporates all the changes from the continue to publish the modified MCS working draft into a final product and Procedures Related to the Mail (as opposed to its draft) in the Federal publishes the revised MCS in the Classification Schedule Register. Federal Register. Currently, the AGENCY: Postal Regulatory Commission. II. Proposed Changes to the Publishing Commission issues a revised MCS on a Requirements of Product Lists Under 39 quarterly basis. ACTION: Proposed rulemaking. CFR Part 3020 Proposed changes to 39 CFR part 3020 SUMMARY: The Commission is proposing related to the Federal Register The changes proposed in this Order rules which amend the existing publication requirement are reproduced eliminate the requirements in the Commission rules related to the below the Secretary’s signature on this Commission’s regulations that the publication of specific notices related to Order. Commission publish notices and final the Mail Classification Schedule and orders regarding proposed modifications III. Invitation To Comment Product Lists in the Federal Register. and draft changes to the competitive The proposed rules seek to modify Interested persons are invited to and market dominant products of the comment on the proposed changes to Commission rules that require the MCS in the Federal Register. publication of duplicative filings. The part 3020. Comments are due within 30 The Commission must publish all Commission invites public comment on days of the date of publication of this actual modifications to the MCS in the the proposed rules. notice in the Federal Register. Federal Register.2 The Commission may DATES: Comments are due: February 26, eliminate publishing such notices and Pursuant to 39 U.S.C. 505, Katrina R. 2016. Reply comments are due: March final orders regarding competitive and Martinez is designated as the Public 14, 2016. market dominant product modifications Representative in this proceeding to to the MCS in the Federal Register represent the interests of the general FOR FURTHER INFORMATION CONTACT: because neither constitutes an actual public. David A. Trissell, General Counsel, at 202–789–6820. modification to the MCS. IV. Ordering Paragraphs The MCS is an interpretive rule, as it SUPPLEMENTARY INFORMATION: It is ordered: serves an advisory function of Table of Contents explaining how the Postal Service 1. Docket No. RM2016–5 is categorizes mail products and assures established for the purpose of receiving I. Background comments on the proposed changes to II. Proposed Changes to the Publishing the Postal Service will provide a consistent and uniform interpretation of part 3020, as discussed in this Order. Requirements of Product Lists Under 39 CFR part 3020 these products. The Commission’s 4 39 U.S.C. 3642(d)(1). III. Invitation to Comment notice-and-comment requirements, 5 See 39 U.S.C. 3642, which only requires the IV. Ordering Paragraphs asabaliauskas on DSK5VPTVN1PROD with PROPOSALS based on 5 U.S.C. 553, do not apply to Commission to publish actual changes, not I. Background interpretive rules.3 Because the Postal proposed changes to the MCS in the Federal Register. The Postal Regulatory Commission 1 ‘‘Whenever the Postal Regulatory Commission 6 See 5 U.S.C. 553(b)(3)(A) and 39 U.S.C. (Commission) establishes a rulemaking modifies the list of products in the market 3642(d)(2). This does not prohibit the Commission docket pursuant to its responsibilities dominant category or the competitive category, it from choosing, on its own accord, to publish such shall cause notice of such change to be published proposals to give the public opportunity for notice- under the Postal Accountability and in the Federal Register.’’ 39 CFR 3020.14; 39 U.S.C. and-comment. Enhancement Act (PAEA), Public Law 3642(d)(1). 7 The redline draft of the MCS is available to the 109–435, 120 Stat. 3198 (2006), to 2 39 CFR 3020.14; 39 U.S.C. 3642(d)(1). public on the Commission’s Web site. consider amendments to the 3 5 U.S.C. 553(b)(3)(A). 8 39 CFR 3020.14; 39 U.S.C. 3642. VerDate Sep<11>2014 17:50 Jan 26, 2016 Jkt 238001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\27JAP1.SGM 27JAP1


Document Created: 2018-02-02 12:40:03
Document Modified: 2018-02-02 12:40:03
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 a public hearing on notice of proposed rulemaking.
DatesThe public hearing is being held on Friday, February 26, 2016, at 10:00 a.m. The IRS must receive outlines of the topics to be discussed at the public hearing by Monday, February 8, 2016.
ContactConcerning the proposed regulations, Wendy Kribell at (202) 317-6850; concerning submissions of comments, the hearing and/or to be placed on the building access list to attend the hearing Oluwafunmilayo Taylor at (202) 317-6901 (not toll-free numbers).
FR Citation81 FR 4605 
RIN Number1545-BM12
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