81_FR_89257 81 FR 89020 - Electronic Filing of the Report of Health Insurance Provider Information

81 FR 89020 - Electronic Filing of the Report of Health Insurance Provider Information

DEPARTMENT OF THE TREASURY
Internal Revenue Service

Federal Register Volume 81, Issue 237 (December 9, 2016)

Page Range89020-89022
FR Document2016-29489

This document proposes to amend the Health Insurance Providers Fee regulations to require certain covered entities engaged in the business of providing health insurance for United States health risks to electronically file Form 8963, ``Report of Health Insurance Provider Information.'' These proposed regulations affect those entities.

Federal Register, Volume 81 Issue 237 (Friday, December 9, 2016)
[Federal Register Volume 81, Number 237 (Friday, December 9, 2016)]
[Proposed Rules]
[Pages 89020-89022]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29489]



[[Page 89020]]

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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 57

[REG-123829-16]
RIN 1545-BN57


Electronic Filing of the Report of Health Insurance Provider 
Information

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: This document proposes to amend the Health Insurance Providers 
Fee regulations to require certain covered entities engaged in the 
business of providing health insurance for United States health risks 
to electronically file Form 8963, ``Report of Health Insurance Provider 
Information.'' These proposed regulations affect those entities.

DATES: Written or electronic comments and requests for a public hearing 
must be received by March 9, 2017.

ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG-123829-16), Room 
5205, 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-
123829-16), Courier's Desk, Internal Revenue Service, 1111 Constitution 
Avenue NW., Washington, DC, or sent electronically via the Federal 
eRulemaking Portal at http://www.regulations.gov (indicate IRS REG-
123829-16).

FOR FURTHER INFORMATION CONTACT:  Concerning the proposed regulations, 
David Bergman, (202) 317-6844; concerning submissions of comments or to 
request a public hearing, Regina Johnson, (202) 317-6901 (not toll-free 
numbers).

SUPPLEMENTARY INFORMATION: 

Background

    This document proposes to amend the Health Insurance Providers Fee 
Regulations (26 CFR part 57) under section 9010 of the Patient 
Protection and Affordable Care Act (PPACA), Public Law 111-148 (124 
Stat. 119 (2010)), as amended by section 10905 of PPACA, and as further 
amended by section 1406 of the Health Care and Education Reconciliation 
Act of 2010, Public Law 111-152 (124 Stat. 1029 (2010)) (collectively, 
the Affordable Care Act or ACA). All references in this preamble to 
section 9010 are references to the ACA.
    Section 9010(a) imposes an annual fee on each covered entity 
engaged in the business of providing health insurance. A covered 
entity, defined under section 9010(c), is any entity that provides 
health insurance for any United States health risk during each year, 
subject to certain exclusions. The total aggregate amount of the fee 
for all covered entities is determined by statute and is called the 
applicable amount. See section 9010(e). Each covered entity's annual 
fee is equal to an amount that bears the same ratio to the applicable 
amount as the covered entity's portion of net premiums written with 
respect to health insurance for United States health risks that are 
taken into account compared to the aggregate amount of net premiums 
written for all covered entities that are taken into account. Section 
9010(b)(2) clarifies which net premiums are taken into account for 
purposes of calculating the fee. A covered entity (including a 
controlled group) with no more than $25 million in net premiums written 
does not have any premiums taken into account and is not liable for a 
fee.
    Section 9010(b)(3) requires the Secretary to calculate the amount 
of each covered entity's fee on a calendar year basis. To facilitate 
these calculations, section 9010(g)(1) requires that each covered 
entity must report to the Secretary the covered entity's net premiums 
written for health insurance for any United States health risk for the 
preceding calendar year by the date prescribed by the Secretary. 
Section 9010(g)(1) also provides the Secretary with authority to 
prescribe the manner in which a covered entity reports its net premiums 
written. The reporting requirement applies regardless of whether a 
covered entity will be liable for a fee. Section 9010(g)(2) imposes a 
penalty on a covered entity for any failure to report the required 
information by the date prescribed by the Secretary (determined with 
regard to any extension of time for filing), unless such failure is due 
to reasonable cause. Section 9010(g)(3) imposes an accuracy-related 
penalty for understating the covered entity's net premiums written for 
health insurance for any United States health risk for any calendar 
year.
    Section 57.3 of the Health Insurance Providers Fee regulations 
implements section 9010(g) and provides the rules for covered entities 
to report net premiums written for health insurance of United States 
health risks to the IRS. Under that section, information is reported to 
the IRS on Form 8963, ``Report of Health Insurance Provider 
Information,'' which must be filed in accordance with the form 
instructions by April 15 of the year following the calendar year for 
which data is being reported. That section further provides that rules 
for the manner of reporting may be provided in guidance in the Internal 
Revenue Bulletin. The IRS uses the information reported on Form 8963 as 
part of the determination of each covered entity's annual fee under 
section 9010. Neither the statute nor the regulations currently specify 
whether Form 8963 must be submitted electronically or on paper. Covered 
entities currently have the option of filing the form in either manner.
    Section 57.5 requires the IRS to send each covered entity notice of 
a preliminary fee calculation for that fee year (the calendar year in 
which the fee must be paid, beginning with 2014), and provides the 
content of that notice. Section 57.5 further provides that the timing 
of the notice will be provided in guidance published in the Internal 
Revenue Bulletin. Notice 2013-76 (2013-51 IRB 769) provides that the 
IRS will mail each covered entity its notice of preliminary fee 
calculation by June 15 of each fee year. Section 57.6 requires that a 
covered entity correct any errors identified after receiving the 
preliminary fee calculation by filing a corrected Form 8963. Notice 
2013-76 provides that a corrected Form 8963 must be filed by July 15 of 
the fee year. The corrected Form 8963 replaces the original Form 8963 
for all purposes, including the determination of whether an accuracy-
related penalty applies. The covered entity remains liable for any 
failure to report penalty if it failed to timely submit the original 
Form 8963. As with the original report, the corrected Form 8963 may 
currently be submitted either electronically on paper.
    Under Sec.  57.7(b), the IRS must send each covered entity its 
final fee calculation no later than August 31. The IRS validates the 
data on Form 8963 in performing the final calculation, and, pursuant to 
section 9010(b)(3), the IRS is authorized to use any other source of 
information to determine each covered entity's net premiums written for 
health insurance of United States health risks. The covered entity must 
pay the fee by September 30 of the fee year, as provided by section 
9010(a)(2). The fee must be paid by electronic funds transfer. See 
Sec. Sec.  57.7(d); 57.6302-1.
    The Consolidated Appropriations Act of 2016 imposes a moratorium on 
the fee for the 2017 calendar year. Public Law 114-113, section 201. 
Thus, covered entities are not required to pay the fee or file Form 
8963 for the 2017 fee year.

Explanation of Provisions

    The IRS has now had three years of experience administering the 
Health

[[Page 89021]]

Insurance Providers Fee. Based on this experience, the IRS concludes 
that the fee could be more efficiently administered if certain covered 
entities were required to file Forms 8963 and corrected Forms 8963 
electronically.
    The calculation of the fee is complex, and the statute requires 
that it be paid by the covered entity by September 30. The calculation 
of any one covered entity's fee depends upon the data reported on Form 
8963 by all covered entities--an adjustment to one covered entity's fee 
affects other covered entities' fees. Covered entities need time after 
the end of the year to compile the information that needs to be 
reported. Accordingly, there is a short window of time for (1) the IRS 
to compile and analyze the reported information and send out 
preliminary letters, (2) covered entities to respond with any 
corrections, (3) the IRS to compile and analyze the amended reporting 
and issue final fee letters, and (4) covered entities to pay the fee.
    Paper reporting slows this process because paper forms take time to 
travel through the mail. Additionally, once the paper Form 8963 (or 
corrected Form 8963) reaches IRS personnel, the information on the 
paper form must be transcribed into IRS computers to calculate the fee. 
Transcription of paper forms is costly and time-consuming. And, because 
of the nature of the fee, no entity's proposed or final assessment can 
be determined until all the reporting of all payers has been taken into 
account.
    The IRS uses electronic filing in several other contexts to 
streamline the collection of large volumes of paper forms and to 
efficiently use the information provided. Electronic filing of Forms 
8963 and corrected Forms 8963 would benefit the administration of the 
fee by significantly reducing delays and the resources needed to 
calculate the preliminary and final fee amounts. Electronic filing will 
also benefit fee payers by facilitating the process for computing the 
fee for all covered entities.
    Accordingly, pursuant to section 9010(g)(1), which provides 
authority to prescribe the manner for reporting, the proposed 
regulations amend Sec.  57.3(a)(2) to provide that a covered entity 
(including a controlled group) reporting more than $25 million in net 
premiums written on a Form 8963 or corrected Form 8963 must 
electronically file these forms after December 31, 2017. Forms 8963 
reporting $25 million or less in net premiums written are not required 
to be electronically filed. This is because a covered entity (including 
a controlled group) reporting no more than $25 million in net premiums 
written is not liable for a fee and therefore the time constraints 
applicable to computation of the fee are not applicable with respect to 
these entities. See Sec.  57.4(a)(4). The proposed regulation also 
provides that if a Form 8963 or corrected Form 8963 is required to be 
filed electronically, any subsequently filed Form 8963 filed for the 
same fee year must also be filed electronically, even if such 
subsequently filed Form 8963 reports $25 million or less in net 
premiums written. In addition, the proposed regulation provides that 
failure to electronically file will be treated as a failure to file for 
purposes of Sec.  57.3(b).

Proposed Effective/Applicability Date

    These amendments are proposed to apply to any covered entity 
reporting more than $25 million in net premiums written on any Form 
8963 filed after December 31, 2017.

Special Analyses

    Certain IRS regulations, including this one, are exempt from the 
requirements of Executive Order 12866, as supplemented and reaffirmed 
by Executive Order 13563. Therefore, a regulatory impact assessment is 
not required. It is hereby certified that the electronic filing 
requirement would not have a significant economic impact on a 
substantial number of small entities pursuant to the Regulatory 
Flexibility Act (5 U.S.C. chapter 6). This certification is based on 
the fact that the rule is expected to affect primarily larger entities 
because the electronic filing requirement is not met unless the filer 
must report more than $25 million in net premiums. Accordingly, a 
regulatory flexibility analysis is not required.
    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 the 
impact on small business.

Comments and Public Hearing

    Before these proposed regulations are adopted as final regulations, 
consideration will be given to any written or electronic comments that 
are submitted timely to the IRS as prescribed in this preamble under 
the ADDRESSES heading. The Treasury Department and the IRS request 
comments on all aspects of the proposed rules. All comments will be 
available for public inspection and copying at www.regulations.gov or 
upon request. A public hearing will 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 the 
public hearing will be published in the Federal Register.

Drafting Information

    The principal author of the proposed regulations is David Bergman 
of the Office of the Associate Chief Counsel (Procedure and 
Administration).

List of Subjects in 26 CFR Part 57

    Health Insurance, Reporting and recordkeeping requirements.

Proposed Amendments to the Regulations

    Accordingly, 26 CFR part 57 is proposed to be amended to read as 
follows:

PART 57--HEALTH INSURANCE PROVIDERS FEE

    Paragraph 1. The authority citation for 26 CFR part 57 continues to 
read in part as follows:

    Authority: 26 U.S.C. 7805 * * *

    Par. 2. Section 57.3 is amended by revising paragraph (a)(2) to 
read as follows:


Sec.  57.3  Reporting requirements and associated penalties.

* * * * *
    (a) * * *

    (2) Manner of reporting--(i) In general. The IRS may provide rules 
in guidance published in the Internal Revenue Bulletin for the manner 
of reporting by a covered entity under this section, including rules 
for reporting by a designated entity on behalf of a controlled group 
that is treated as a single covered entity.
    (ii) Electronic filing required. Any Form 8963 (including corrected 
forms) filed pursuant to paragraph (a)(1) of this section reporting 
more than $25 million in net premiums written must be filed 
electronically in accordance with the instructions to the form. If a 
Form 8963 or corrected Form 8963 is required to be filed electronically 
under this paragraph (a)(2)(ii), any subsequently filed Form 8963 filed 
for the same fee year must also be filed electronically. For purposes 
of paragraph (b) of this section, any Form 8963 required to be filed 
electronically under this section will not be considered filed unless 
it is filed electronically.
* * * * *
    Par. 3. Section 57.10 is amended by revising paragraph (a) and 
adding paragraph (c) to read as follows:

[[Page 89022]]

Sec.  57.10  Effective/applicability date.

    (a) Except as provided paragraphs (b) and (c) of this section, 
Sec. Sec.  57.1 through 57.9 apply to any fee that is due on or after 
September 30, 2014.
* * * * *
    (c) Section 57.3(a)(2)(ii) applies to Forms 8963, including 
corrected Forms 8963, filed after December 31, 2017.

John Dalrymple,
Deputy Commissioner for Services and Enforcement.
[FR Doc. 2016-29489 Filed 12-8-16; 8:45 am]
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                                                    89020                  Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Proposed Rules

                                                    DEPARTMENT OF THE TREASURY                              business of providing health insurance.               that rules for the manner of reporting
                                                                                                            A covered entity, defined under section               may be provided in guidance in the
                                                    Internal Revenue Service                                9010(c), is any entity that provides                  Internal Revenue Bulletin. The IRS uses
                                                                                                            health insurance for any United States                the information reported on Form 8963
                                                    26 CFR Part 57                                          health risk during each year, subject to              as part of the determination of each
                                                    [REG–123829–16]                                         certain exclusions. The total aggregate               covered entity’s annual fee under
                                                                                                            amount of the fee for all covered entities            section 9010. Neither the statute nor the
                                                    RIN 1545–BN57                                           is determined by statute and is called                regulations currently specify whether
                                                                                                            the applicable amount. See section                    Form 8963 must be submitted
                                                    Electronic Filing of the Report of                      9010(e). Each covered entity’s annual                 electronically or on paper. Covered
                                                    Health Insurance Provider Information                   fee is equal to an amount that bears the              entities currently have the option of
                                                    AGENCY: Internal Revenue Service (IRS),                 same ratio to the applicable amount as                filing the form in either manner.
                                                    Treasury.                                               the covered entity’s portion of net                      Section 57.5 requires the IRS to send
                                                    ACTION: Notice of proposed rulemaking.                  premiums written with respect to health               each covered entity notice of a
                                                                                                            insurance for United States health risks              preliminary fee calculation for that fee
                                                    SUMMARY:   This document proposes to                    that are taken into account compared to               year (the calendar year in which the fee
                                                    amend the Health Insurance Providers                    the aggregate amount of net premiums                  must be paid, beginning with 2014), and
                                                    Fee regulations to require certain                      written for all covered entities that are             provides the content of that notice.
                                                    covered entities engaged in the business                taken into account. Section 9010(b)(2)                Section 57.5 further provides that the
                                                    of providing health insurance for United                clarifies which net premiums are taken                timing of the notice will be provided in
                                                    States health risks to electronically file              into account for purposes of calculating              guidance published in the Internal
                                                    Form 8963, ‘‘Report of Health Insurance                 the fee. A covered entity (including a                Revenue Bulletin. Notice 2013–76
                                                    Provider Information.’’ These proposed                  controlled group) with no more than                   (2013–51 IRB 769) provides that the IRS
                                                    regulations affect those entities.                      $25 million in net premiums written                   will mail each covered entity its notice
                                                    DATES: Written or electronic comments                   does not have any premiums taken into                 of preliminary fee calculation by June
                                                    and requests for a public hearing must                  account and is not liable for a fee.                  15 of each fee year. Section 57.6
                                                    be received by March 9, 2017.                              Section 9010(b)(3) requires the                    requires that a covered entity correct
                                                    ADDRESSES: Send submissions to:                         Secretary to calculate the amount of                  any errors identified after receiving the
                                                    CC:PA:LPD:PR (REG–123829–16), Room                      each covered entity’s fee on a calendar               preliminary fee calculation by filing a
                                                    5205, Internal Revenue Service, P.O.                    year basis. To facilitate these                       corrected Form 8963. Notice 2013–76
                                                    Box 7604, Ben Franklin Station,                         calculations, section 9010(g)(1) requires             provides that a corrected Form 8963
                                                    Washington, DC 20044. Submissions                       that each covered entity must report to               must be filed by July 15 of the fee year.
                                                    may be hand delivered Monday through                    the Secretary the covered entity’s net                The corrected Form 8963 replaces the
                                                    Friday between the hours of 8 a.m. and                  premiums written for health insurance                 original Form 8963 for all purposes,
                                                    4 p.m. to CC:PA:LPD:PR (REG–123829–                     for any United States health risk for the             including the determination of whether
                                                                                                            preceding calendar year by the date                   an accuracy-related penalty applies. The
                                                    16), Courier’s Desk, Internal Revenue
                                                                                                            prescribed by the Secretary. Section                  covered entity remains liable for any
                                                    Service, 1111 Constitution Avenue NW.,
                                                                                                            9010(g)(1) also provides the Secretary                failure to report penalty if it failed to
                                                    Washington, DC, or sent electronically
                                                                                                            with authority to prescribe the manner                timely submit the original Form 8963.
                                                    via the Federal eRulemaking Portal at
                                                                                                            in which a covered entity reports its net             As with the original report, the
                                                    http://www.regulations.gov (indicate
                                                                                                            premiums written. The reporting                       corrected Form 8963 may currently be
                                                    IRS REG–123829–16).
                                                                                                            requirement applies regardless of                     submitted either electronically on
                                                    FOR FURTHER INFORMATION CONTACT:                        whether a covered entity will be liable               paper.
                                                    Concerning the proposed regulations,                    for a fee. Section 9010(g)(2) imposes a                  Under § 57.7(b), the IRS must send
                                                    David Bergman, (202) 317–6844;                          penalty on a covered entity for any                   each covered entity its final fee
                                                    concerning submissions of comments or                   failure to report the required                        calculation no later than August 31. The
                                                    to request a public hearing, Regina                     information by the date prescribed by                 IRS validates the data on Form 8963 in
                                                    Johnson, (202) 317–6901 (not toll-free                  the Secretary (determined with regard to              performing the final calculation, and,
                                                    numbers).                                               any extension of time for filing), unless             pursuant to section 9010(b)(3), the IRS
                                                    SUPPLEMENTARY INFORMATION:                              such failure is due to reasonable cause.              is authorized to use any other source of
                                                                                                            Section 9010(g)(3) imposes an accuracy-               information to determine each covered
                                                    Background
                                                                                                            related penalty for understating the                  entity’s net premiums written for health
                                                      This document proposes to amend the                   covered entity’s net premiums written                 insurance of United States health risks.
                                                    Health Insurance Providers Fee                          for health insurance for any United                   The covered entity must pay the fee by
                                                    Regulations (26 CFR part 57) under                      States health risk for any calendar year.             September 30 of the fee year, as
                                                    section 9010 of the Patient Protection                     Section 57.3 of the Health Insurance               provided by section 9010(a)(2). The fee
                                                    and Affordable Care Act (PPACA),                        Providers Fee regulations implements                  must be paid by electronic funds
                                                    Public Law 111–148 (124 Stat. 119                       section 9010(g) and provides the rules                transfer. See §§ 57.7(d); 57.6302–1.
                                                    (2010)), as amended by section 10905 of                 for covered entities to report net                       The Consolidated Appropriations Act
                                                    PPACA, and as further amended by                        premiums written for health insurance                 of 2016 imposes a moratorium on the
                                                    section 1406 of the Health Care and                     of United States health risks to the IRS.             fee for the 2017 calendar year. Public
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                                                    Education Reconciliation Act of 2010,                   Under that section, information is                    Law 114–113, section 201. Thus,
                                                    Public Law 111–152 (124 Stat. 1029                      reported to the IRS on Form 8963,                     covered entities are not required to pay
                                                    (2010)) (collectively, the Affordable Care              ‘‘Report of Health Insurance Provider                 the fee or file Form 8963 for the 2017
                                                    Act or ACA). All references in this                     Information,’’ which must be filed in                 fee year.
                                                    preamble to section 9010 are references                 accordance with the form instructions
                                                    to the ACA.                                             by April 15 of the year following the                 Explanation of Provisions
                                                      Section 9010(a) imposes an annual fee                 calendar year for which data is being                   The IRS has now had three years of
                                                    on each covered entity engaged in the                   reported. That section further provides               experience administering the Health


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                                                                           Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Proposed Rules                                              89021

                                                    Insurance Providers Fee. Based on this                  million in net premiums written is not                timely submits written comments. If a
                                                    experience, the IRS concludes that the                  liable for a fee and therefore the time               public hearing is scheduled, notice of
                                                    fee could be more efficiently                           constraints applicable to computation of              the date, time, and place for the public
                                                    administered if certain covered entities                the fee are not applicable with respect               hearing will be published in the Federal
                                                    were required to file Forms 8963 and                    to these entities. See § 57.4(a)(4). The              Register.
                                                    corrected Forms 8963 electronically.                    proposed regulation also provides that if
                                                       The calculation of the fee is complex,               a Form 8963 or corrected Form 8963 is                 Drafting Information
                                                    and the statute requires that it be paid                required to be filed electronically, any                The principal author of the proposed
                                                    by the covered entity by September 30.                  subsequently filed Form 8963 filed for                regulations is David Bergman of the
                                                    The calculation of any one covered                      the same fee year must also be filed                  Office of the Associate Chief Counsel
                                                    entity’s fee depends upon the data                      electronically, even if such                          (Procedure and Administration).
                                                    reported on Form 8963 by all covered                    subsequently filed Form 8963 reports
                                                    entities—an adjustment to one covered                   $25 million or less in net premiums                   List of Subjects in 26 CFR Part 57
                                                    entity’s fee affects other covered                      written. In addition, the proposed                      Health Insurance, Reporting and
                                                    entities’ fees. Covered entities need time              regulation provides that failure to                   recordkeeping requirements.
                                                    after the end of the year to compile the                electronically file will be treated as a
                                                    information that needs to be reported.                  failure to file for purposes of § 57.3(b).            Proposed Amendments to the
                                                    Accordingly, there is a short window of                                                                       Regulations
                                                    time for (1) the IRS to compile and                     Proposed Effective/Applicability Date
                                                                                                                                                                    Accordingly, 26 CFR part 57 is
                                                    analyze the reported information and                      These amendments are proposed to                    proposed to be amended to read as
                                                    send out preliminary letters, (2) covered               apply to any covered entity reporting                 follows:
                                                    entities to respond with any corrections,               more than $25 million in net premiums
                                                    (3) the IRS to compile and analyze the                  written on any Form 8963 filed after                  PART 57—HEALTH INSURANCE
                                                    amended reporting and issue final fee                   December 31, 2017.                                    PROVIDERS FEE
                                                    letters, and (4) covered entities to pay
                                                                                                            Special Analyses                                        Paragraph 1. The authority citation
                                                    the fee.
                                                       Paper reporting slows this process                      Certain IRS regulations, including this            for 26 CFR part 57 continues to read in
                                                    because paper forms take time to travel                 one, are exempt from the requirements                 part as follows:
                                                    through the mail. Additionally, once the                of Executive Order 12866, as                              Authority: 26 U.S.C. 7805 * * *
                                                    paper Form 8963 (or corrected Form                      supplemented and reaffirmed by
                                                    8963) reaches IRS personnel, the                        Executive Order 13563. Therefore, a                     Par. 2. Section 57.3 is amended by
                                                    information on the paper form must be                   regulatory impact assessment is not                   revising paragraph (a)(2) to read as
                                                    transcribed into IRS computers to                       required. It is hereby certified that the             follows:
                                                    calculate the fee. Transcription of paper               electronic filing requirement would not
                                                                                                                                                                  § 57.3 Reporting requirements and
                                                    forms is costly and time-consuming.                     have a significant economic impact on                 associated penalties.
                                                    And, because of the nature of the fee, no               a substantial number of small entities
                                                    entity’s proposed or final assessment                   pursuant to the Regulatory Flexibility                *       *    *     *     *
                                                    can be determined until all the reporting               Act (5 U.S.C. chapter 6). This                            (a) * * *
                                                    of all payers has been taken into                       certification is based on the fact that the              (2) Manner of reporting—(i) In
                                                    account.                                                rule is expected to affect primarily                  general. The IRS may provide rules in
                                                       The IRS uses electronic filing in                    larger entities because the electronic                guidance published in the Internal
                                                    several other contexts to streamline the                filing requirement is not met unless the              Revenue Bulletin for the manner of
                                                    collection of large volumes of paper                    filer must report more than $25 million               reporting by a covered entity under this
                                                    forms and to efficiently use the                        in net premiums. Accordingly, a                       section, including rules for reporting by
                                                    information provided. Electronic filing                 regulatory flexibility analysis is not                a designated entity on behalf of a
                                                    of Forms 8963 and corrected Forms                       required.                                             controlled group that is treated as a
                                                    8963 would benefit the administration                      Pursuant to section 7805(f) of the                 single covered entity.
                                                    of the fee by significantly reducing                    Internal Revenue Code, this notice of
                                                    delays and the resources needed to                                                                               (ii) Electronic filing required. Any
                                                                                                            proposed rulemaking has been
                                                    calculate the preliminary and final fee                                                                       Form 8963 (including corrected forms)
                                                                                                            submitted to the Chief Counsel for
                                                    amounts. Electronic filing will also                                                                          filed pursuant to paragraph (a)(1) of this
                                                                                                            Advocacy of the Small Business
                                                    benefit fee payers by facilitating the                                                                        section reporting more than $25 million
                                                                                                            Administration for comment on the
                                                    process for computing the fee for all                                                                         in net premiums written must be filed
                                                                                                            impact on small business.
                                                    covered entities.                                                                                             electronically in accordance with the
                                                       Accordingly, pursuant to section                     Comments and Public Hearing                           instructions to the form. If a Form 8963
                                                    9010(g)(1), which provides authority to                   Before these proposed regulations are               or corrected Form 8963 is required to be
                                                    prescribe the manner for reporting, the                 adopted as final regulations,                         filed electronically under this paragraph
                                                    proposed regulations amend § 57.3(a)(2)                 consideration will be given to any                    (a)(2)(ii), any subsequently filed Form
                                                    to provide that a covered entity                        written or electronic comments that are               8963 filed for the same fee year must
                                                    (including a controlled group) reporting                submitted timely to the IRS as                        also be filed electronically. For purposes
                                                    more than $25 million in net premiums                   prescribed in this preamble under the                 of paragraph (b) of this section, any
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                                                    written on a Form 8963 or corrected                     ADDRESSES heading. The Treasury                       Form 8963 required to be filed
                                                    Form 8963 must electronically file these                Department and the IRS request                        electronically under this section will
                                                    forms after December 31, 2017. Forms                    comments on all aspects of the proposed               not be considered filed unless it is filed
                                                    8963 reporting $25 million or less in net               rules. All comments will be available for             electronically.
                                                    premiums written are not required to be                 public inspection and copying at                      *       *     *    *      *
                                                    electronically filed. This is because a                 www.regulations.gov or upon request. A                   Par. 3. Section 57.10 is amended by
                                                    covered entity (including a controlled                  public hearing will be scheduled if                   revising paragraph (a) and adding
                                                    group) reporting no more than $25                       requested in writing by any person that               paragraph (c) to read as follows:


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                                                    89022                  Federal Register / Vol. 81, No. 237 / Friday, December 9, 2016 / Proposed Rules

                                                    § 57.10   Effective/applicability date.                 ADDRESSES:   Send submissions to                      of Executive Order 12866, as
                                                       (a) Except as provided paragraphs (b)                CC:PA:LPD:PR (REG–133533–16), Room                    supplemented and reaffirmed by
                                                    and (c) of this section, §§ 57.1 through                5203, Internal Revenue Service, Post                  Executive Order 13563. Therefore, a
                                                    57.9 apply to any fee that is due on or                 Office Box 7604, Ben Franklin Station,                regulatory assessment is not required. It
                                                    after September 30, 2014.                               Washington, DC 20044. Submissions                     is hereby certified that these regulations
                                                    *      *     *    *     *                               may be hand-delivered Monday through                  will not have a significant economic
                                                       (c) Section 57.3(a)(2)(ii) applies to                Friday between the hours of 8 a.m. and                impact on a substantial number of small
                                                    Forms 8963, including corrected Forms                   4 p.m. to CC:PA:LPD:PR (REG–133533–                   entities because the regulations do not
                                                    8963, filed after December 31, 2017.                    16), Courier’s Desk, Internal Revenue                 impose a collection of information on
                                                                                                            Service, 1111 Constitutional Avenue                   small entities. Accordingly, a regulatory
                                                    John Dalrymple,                                         NW., Washington, DC 20224, or sent                    flexibility analysis is not required under
                                                    Deputy Commissioner for Services and                    electronically, via the Federal                       the Regulatory Flexibility Act (5 U.S.C.
                                                    Enforcement.                                            eRulemaking Portal at                                 chapter 6). Pursuant to section 7805(f) of
                                                    [FR Doc. 2016–29489 Filed 12–8–16; 8:45 am]             www.regulations.gov (IRS REG–133533–                  the Internal Revenue Code, this
                                                    BILLING CODE P                                          16).                                                  regulation has been submitted to the
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      Chief Counsel for Advocacy of the Small
                                                                                                            Concerning the proposed regulations,                  Business Administration for comment
                                                    DEPARTMENT OF THE TREASURY                              William Rowe, (202) 317–6834;                         on its impact on small businesses.
                                                    Internal Revenue Service                                concerning submissions of comments,                   Comments and Requests for Public
                                                                                                            Regina Johnson, (202) 317–5177 (not                   Hearing
                                                    26 CFR Part 301                                         toll-free numbers).
                                                                                                                                                                    Before these proposed regulations are
                                                                                                            SUPPLEMENTARY INFORMATION:                            adopted as final regulations,
                                                    [REG–133353–16]
                                                                                                            Background and Explanation of                         consideration will be given to any
                                                    RIN 1545–BN63                                           Provisions                                            comments that are submitted timely to
                                                                                                                                                                  the IRS as prescribed in this preamble
                                                    Disclosures of Return Information                          This document contains proposed                    under the ADDRESSES heading. The IRS
                                                    Reflected on Returns to Officers and                    amendments to 26 CFR part 301 relating                and Treasury Department request
                                                    Employees of the Department of                          to section 6103(j)(1)(A) of the Internal              comments on all aspects of the proposed
                                                    Commerce for Certain Statistical                        Revenue Code (Code). Section                          regulations. All comments that are
                                                    Purposes and Related Activities                         6103(j)(1)(A) authorizes the Secretary of             submitted will be available for public
                                                                                                            the Treasury to furnish, upon written                 inspection and copying at
                                                    AGENCY:  Internal Revenue Service (IRS),                request by the Secretary of Commerce,
                                                    Treasury.                                                                                                     www.regulations.gov or upon request. A
                                                                                                            such returns or return information as                 public hearing may be scheduled if
                                                    ACTION: Notice of proposed rulemaking                   the Secretary of Treasury may prescribe               requested in writing by any person that
                                                    by cross-reference to temporary                         by regulation to officers and employees               timely submits written or electronic
                                                    regulation.                                             of the Bureau for the purpose of, but                 comments. If a public hearing is
                                                                                                            only to the extent necessary in, the                  scheduled, notice of the date, time, and
                                                    SUMMARY:   In the Rules and Regulations                 structuring of censuses and national
                                                    section of this issue of the Federal                                                                          place for the public hearing will be
                                                                                                            economic accounts and conducting                      published in the Federal Register.
                                                    Register the IRS is issuing temporary                   related statistical activities authorized
                                                    regulations authorizing the disclosure of               by law. Section 301.6103(j)(1)–1 of the               Drafting Information
                                                    specified return information to the                     regulations further defines such                        The principal author of these
                                                    Bureau of the Census (Bureau) for                       purposes by reference to 13 U.S.C.                    proposed regulations is William Rowe,
                                                    purposes of structuring the censuses                    chapter 5 and provides an itemized                    Office of the Associate Chief Counsel
                                                    and national economic accounts and                      description of the return information                 (Procedure & Administration).
                                                    conducting related statistical activities               authorized to be disclosed for such
                                                    authorized by title 13. The temporary                   purposes. This document contains                      List of Subjects in 26 CFR Part 301
                                                    regulations are made pursuant to a                      proposed regulations authorizing the                    Employment taxes, Estate taxes,
                                                    request from the Secretary of Commerce.                 disclosure of additional items of return              Excise taxes, Gift taxes, Income taxes,
                                                    The temporary regulations also provide                  information requested by the Secretary                Penalties, Reporting and recordkeeping
                                                    clarifying language for an item of return               of Commerce. These proposed                           requirements.
                                                    information and remove duplicative                      regulations also provide clarifying
                                                    paragraphs contained in the existing                                                                          Proposed Amendments to the
                                                                                                            language for an item of return
                                                    final regulations. These regulations                                                                          Regulations
                                                                                                            information and remove duplicative
                                                    require no action by taxpayers and have                 paragraphs contained in the existing                    Accordingly, 26 CFR part 301 is
                                                    no effect on their tax liabilities. Thus,               regulations. Temporary regulations in                 amended as follows:
                                                    no taxpayers are likely to be affected by               the Rules and Regulations section of this
                                                    the disclosures authorized by this                      issue of the Federal Register amend 26                PART 301—PROCEDURE AND
                                                    guidance. The text of the temporary                     CFR part 301. The text of those                       ADMINISTRATION
                                                    regulations published in the Rules and                  temporary regulations serves as the text
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    Regulations section of the Federal                                                                            ■ Paragraph 1. The authority citation
                                                                                                            of these proposed regulations. The                    for part 301 continues to read in part as
                                                    Register serves as the text of these                    preamble to the temporary regulations
                                                    proposed regulations.                                                                                         follows:
                                                                                                            explains the temporary regulations and
                                                    DATES: Written and electronic comments                                                                            Authority: 26 U.S.C. 7805 * * *
                                                                                                            these proposed regulations.
                                                    and requests for a public hearing must                                                                        ■ Par. 2. Section 301.6103(j)(1)–1 is
                                                    be received by March 9, 2017.                           Special Analyses                                      amended by adding paragraphs
                                                       Applicability Date: For dates of                       Certain IRS regulations, including this             (b)(2)(iii)(K) through (M), (b)(3)(xxxi)
                                                    applicability, see § 301.6103(j)(1)–1(e).               one, are exempt from the requirements                 through (xxxv), and (b)(6)(i)(C) through


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Document Created: 2018-02-14 09:03:23
Document Modified: 2018-02-14 09:03:23
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.
DatesWritten or electronic comments and requests for a public hearing must be received by March 9, 2017.
ContactConcerning the proposed regulations, David Bergman, (202) 317-6844; concerning submissions of comments or to request a public hearing, Regina Johnson, (202) 317-6901 (not toll-free numbers).
FR Citation81 FR 89020 
RIN Number1545-BN57
CFR AssociatedHealth Insurance and Reporting and Recordkeeping Requirements

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