82_FR_33579 82 FR 33441 - Return Due Date and Extended Due Date Changes

82 FR 33441 - Return Due Date and Extended Due Date Changes

DEPARTMENT OF THE TREASURY
Internal Revenue Service

Federal Register Volume 82, Issue 138 (July 20, 2017)

Page Range33441-33448
FR Document2017-15209

This document contains final and temporary regulations that update the due dates and extensions of time to file certain tax returns and information returns. The dates are updated to reflect the new statutory requirements set by section 2006 of the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 and section 201 of the Protecting Americans from Tax Hikes Act of 2015. These regulations affect taxpayers who file Form W-2 (series, except Form W-2G), Form W-3, Form 990 (series), Form 1099-MISC, Form 1041, Form 1041-A, Form 1065, Form 1120 (series), Form 4720, Form 5227, Form 6069, Form 8804, or Form 8870.

Federal Register, Volume 82 Issue 138 (Thursday, July 20, 2017)
[Federal Register Volume 82, Number 138 (Thursday, July 20, 2017)]
[Rules and Regulations]
[Pages 33441-33448]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-15209]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Parts 1 and 31

[TD 9821]
RIN 1545-BN13


Return Due Date and Extended Due Date Changes

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Final and temporary regulations.

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SUMMARY: This document contains final and temporary regulations that 
update the due dates and extensions of time to file certain tax returns 
and information returns. The dates are updated to reflect the new 
statutory requirements set by section 2006 of the Surface 
Transportation and Veterans Health Care Choice Improvement Act of 2015 
and section 201 of the Protecting Americans from Tax Hikes Act of 2015. 
These regulations affect taxpayers who file Form W-2 (series, except 
Form W-2G), Form W-3, Form 990 (series), Form 1099-MISC, Form 1041, 
Form 1041-A, Form 1065, Form 1120 (series), Form 4720, Form 5227, Form 
6069, Form 8804, or Form 8870.

DATES: Effective Date: These regulations are effective July 20, 2017.
    Applicability Date: For dates of applicability, see Sec. Sec.  
1.1446-3T(g)-(h), 1.6012-6T(c)-(d), 1.6031(a)-1T(f)-(g), 1.6032-1T(b)-
(c), 1.6033-2T(k)-(l), 1.6041-2T(d)-(e), 1.6041-6T(c)-(d), 1.6072-
2T(g)-(h), 1.6081-1T(c)-(d), 1.6081-2T(h)-(i), 1.6081-3T(g)-(h), 
1.6081-5T(f)-(g), 1.6081-6T(g)-(h), 1.6081-9T(f)-(g), and 31.6071(a)-
1T(g)-(h). For additional information, see the dates of applicability 
section of this preamble.

FOR FURTHER INFORMATION CONTACT: Concerning these temporary 
regulations, Jonathan R. Black, (202) 317-6845; concerning submissions 
of comments and/or requests for a hearing, Regina Johnson (202) 317-
6901 (not toll-free numbers).

SUPPLEMENTARY INFORMATION: 

Background

    These updates to the regulations reflect changes in tax return due 
dates enacted by section 2006 of the Surface Transportation and 
Veterans Health Care Choice Improvement Act of 2015 (the Surface 
Transportation Act), Public Law 114-41, 129 Stat. 443 (2015), as well 
as changes to information return due dates enacted by section 201 of 
the Protecting Americans from Tax Hikes Act of 2015 (PATH Act), Public 
Law 114-113, Div. Q, 129 Stat. 2242 (2015).
    Prior to amendment by the Surface Transportation Act, section 
6072(a) provided that the income tax returns of partnerships (generally 
Form 1065, ``U.S. Return of Partnership Income''), trusts and estates 
(generally Form 1041, ``U.S. Income Tax Return for Estates and 
Trusts''), and individuals (generally Form 1040, ``U.S. Individual 
Income Tax Return'') were due on the fifteenth day of the fourth month 
following the close of the taxable year (April 15 for calendar-year 
taxpayers). Section 6072(b) generally provided that the income tax 
returns of corporations (most forms in the Form 1120 series) were due 
on the fifteenth day of the third month following the close of the 
taxable year (March 15 for calendar-year taxpayers).
    Under section 6081(a), the Secretary generally has authority to 
grant a reasonable extension of time of up to six months for filing any 
return, statement, or other document (longer in the case of taxpayers 
who are abroad). Additionally, prior to amendment by the Surface 
Transportation Act, section 6081(b) provided for a three-month 
automatic extension of time to file for all corporations.
    Immediately prior to the enactment of the Surface Transportation 
Act, Sec.  1.6081-2 provided an automatic five-month extension of time 
to file Form 1065 and Form 8804, ``Annual Return for Partnership 
Withholding Tax (Section 1446),'' Sec.  1.6081-3 provided a six-month 
automatic extension of time to file the income tax return of all 
corporations (three months longer than the minimum three-month 
automatic extension), and Sec.  1.6081-6 provided an automatic five-
month extension of time to file Form 1041, such that the extended due 
date of these returns was the fifteenth day of the ninth month after 
the close of the taxable year (September 15 for calendar-year 
taxpayers). Section 1.6081-4 provided an automatic six-month extension 
of time to file individual income tax returns, such that the extended 
due date of an individual's return was the fifteenth day of the tenth 
month after the close of the taxable year (October 15 for calendar-year 
taxpayers).
    The amendments to section 6072(b) of the Internal Revenue Code made 
by section 2006(a) of the Surface Transportation Act change the due 
date for filing an income tax return by a C corporation from the 
fifteenth day of the third month following the close of the taxable 
year (March 15 for calendar-year taxpayers) to the fifteenth day of the 
fourth month following the close of the taxable year (April 15 for 
calendar-year taxpayers). The amendments also change the due date for 
filing an income tax return by a partnership from the fifteenth day of 
the fourth month following the close of the taxable year (April 15 for 
calendar-year taxpayers) to the fifteenth day of the third month 
following the close of the taxable year (March 15 for calendar-year 
taxpayers). Generally these amendments apply to returns for taxable 
years beginning after December 31, 2015. However, for any C corporation 
with a taxable year ending on June 30, these amendments apply to 
returns for taxable years beginning after December 31, 2025.
    Section 2006(b) of the Surface Transportation Act provides that for 
taxable years beginning after December 31, 2015, the Secretary of the 
Treasury, or the Secretary's designee, shall modify appropriate 
regulations regarding the due dates of certain returns and the maximum 
extensions of time to file certain returns, as specified in that 
section.
    Section 2006(c) of the Surface Transportation Act generally changes 
the automatic extension of time to file the tax return of a C 
corporation provided by section 6081(b) from three months to six 
months. However, there are exceptions for C corporations with taxable 
years that begin before January 1, 2026. These statutory exceptions are 
(1) if a C corporation files for a calendar year, the automatic 
extension is five months; and (2) if the C corporation files

[[Page 33442]]

for a taxable year that ends on June 30, the automatic extension is 
seven months. These amendments apply to income tax returns for taxable 
years beginning after December 31, 2015.
    Prior to enactment of the PATH Act, the due dates for filing forms 
in the Form W-2 series, Form W-3, and Form 1099-MISC on paper were 
either February 28 or the last day of February of the calendar year 
following the calendar year for which the information was being 
reported. See Sec.  1.6041-2(a)(3)(ii) (Form W-2 not subject to FICA); 
Sec.  31.6071(a)-1(a)(3)(i) (Form W-2 subject to FICA); and Sec.  
1.6041-6 (Form 1099-MISC). The due date for filing these information 
returns electronically was March 31 of the calendar year following the 
calendar year for which the information was being reported. See section 
6071(b) prior to amendment by the PATH Act.
    Section 201(a) and (c) of the PATH Act amended section 6071(b) and 
added new section 6071(c) to change the due date for information 
returns in the Form W-2 series, Form W-3, and ``any returns or 
statements required by the Secretary to report nonemployee 
compensation.'' Nonemployee compensation is currently reportable in box 
7 of Form 1099-MISC. The amendments are effective for information 
returns for calendar years beginning after 2015. Under new section 
6071(c), the new due date for returns in the Form W-2 series, Form W-3, 
and Forms 1099-MISC that report nonemployee compensation is January 31 
of the calendar year following the calendar year for which the 
information is being reported, regardless of whether the returns are 
filed on paper or electronically. The due date for information returns 
on Forms 1099-MISC that do not report nonemployee compensation remains 
unchanged.

Explanation of Provisions

I. Section 2006 of the Surface Transportation Act

A. Partnership and Corporate Tax Returns
    These temporary regulations amend Sec.  1.6072-2 to account for the 
due dates for the income tax returns of C corporations specified by 
section 2006(a) of the Surface Transportation Act. Under Sec.  1.6072-
2T, except in the case of a C corporation that has a taxable year that 
ends on June 30, the last date for filing the income tax return of a C 
corporation is the fifteenth day of the fourth month following the 
close of the taxable year.
    Additionally, Sec.  1.6081-3T conforms to amended section 6081(b) 
by providing a seven-month automatic extension of time to file the 
income tax return of any C corporation with a taxable year that ends on 
June 30 and before January 1, 2026. Prior to the Surface Transportation 
Act and these temporary regulations, Sec.  1.6081-3 relied on the 
Secretary's authority under section 6081(a) to provide for a six-month 
automatic extension of time to file for all corporations, despite 
section 6081(b) only requiring an automatic three-month extension. 
Similarly, these temporary regulations provide a six-month automatic 
extension of time to file a return for all corporations, except for C 
corporations that have a tax year that ends on June 30 and before 
January 1, 2026.
    As a matter of administrative necessity, the return for a short 
period (within the meaning of section 443) that ends on any day in June 
is treated as if it is the return for a taxable year ending on June 30 
for purposes of the last date for filing the income tax return of a C 
corporation under Sec.  1.6072-2 and the duration of the extension of 
time to file the income tax return of a C corporation under Sec.  
1.6081-3.
    Section 2006(b)(1) of the Surface Transportation Act specifies a 
maximum extension of time to file of six months for partnerships filing 
Form 1065. Accordingly, Sec.  1.6081-2T provides that partnerships may 
obtain an automatic six-month extension of time to file Forms 1065 and 
8804 if the partnership files an application in accordance with Sec.  
1.6081-2(b).
B. Form 1041, ``U.S. Income Tax Return for Estates and Trusts''
    Section 2006(b)(2) of the Surface Transportation Act requires the 
Secretary to amend appropriate regulations to provide that the maximum 
extension of time for the returns of trusts filing Form 1041 is five 
and one-half months (ending on September 30 in the case of calendar-
year filers). Section 1.6081-6(a)(1) provides an automatic five-month 
extension of time for a non-bankruptcy estate or a trust to file this 
return, provided that the estate or trust files an application in 
accordance with Sec.  1.6081-6(b). To implement section 2006(b)(2) of 
the Surface Transportation Act and provide consistency for automatic 
extensions for non-bankruptcy estates and trusts filing Form 1041, 
Sec.  1.6081-6T(a)(1) provides both non-bankruptcy estates and trusts 
an automatic five and one-half month extension of time to file a Form 
1041, provided that the estate or trust files an application in 
accordance with Sec.  1.6081-6(b). These regulations do not amend Sec.  
1.6081-6(a)(2), which addresses bankruptcy estates filing Form 1041.
C. Exempt Organizations
    Section 2006(b)(4) through (b)(8) of the Surface Transportation Act 
requires the Secretary to modify appropriate regulations to provide a 
maximum six-month automatic extension of time to file returns of tax 
exempt organizations that were eligible for an automatic extension 
under Sec.  1.6081-9 (except Form 1041-A, ``U.S. Information Return-
Trust Accumulation of Charitable Amounts,'' which section 2006 of the 
Surface Transportation Act does not address). These returns are those 
in the Form 990 series (Form 990, ``Return of Organization Exempt From 
Income Tax,'' Form 990-BL, ``Information and Initial Excise Tax Return 
for Black Lung Benefit Trusts and Certain Related Persons,'' Form 990-
EZ, ``Short Form Return of Organization Exempt From Income Tax,'' Form 
990-PF, ``Return of Private Foundation,'' and Form 990-T, ``Exempt 
Organization Business Tax Return''), Form 4720, ``Return of Certain 
Excise Taxes Under Chapters 41 and 42 of the Internal Revenue Code,'' 
Form 5227, ``Split-Interest Trust Information Return,'' Form 6069, 
``Return of Excise Tax on Excess Contributions to Black Lung Benefit 
Trust Under Section 4953 and Computation of Section 192 Deduction,'' 
and Form 8870, ``Information Return for Transfers Associated With 
Certain Personal Benefit Contracts.''
    Section 1.6081-9 provided a six-month automatic extension of time 
to file the Form 990-T, but provided only a three-month automatic 
extension of time to file the other forms (including the Form 1041-A). 
To implement the Surface Transportation Act and for consistency, Sec.  
1.6081-9T provides an automatic six-month extension of time to file all 
of these forms if the exempt organization files an application in 
accordance with Sec.  1.6081-9(b).
    Also, for administrative convenience and to provide filers of Form 
1120-POL, ``U.S. Tax Return for Certain Political Organizations,'' with 
an automatic extension of time to file that is consistent with the 
automatic extension of time to file applicable to other exempt 
organization returns identified above, the automatic extension of time 
to file Form 1120-POL is removed from the forms eligible for an 
extension of time to file under Sec.  1.6081-3 and added to the forms 
eligible for a six-month extension of time to file under Sec.  1.6081-
9T.

[[Page 33443]]

D. Surface Transportation Act Provisions Not Addressed by These 
Regulations
    Section 2006(b)(3) of the Surface Transportation Act requires the 
Secretary to amend appropriate regulations to provide that the maximum 
extension for returns of employee benefit plans filing Form 5500, 
``Annual Return/Report of Employee Benefit Plan,'' is an automatic 
three and one-half-month period (ending on November 15 in the case of 
calendar-year plans). Section 32104 of the FAST Act, Public Law 114-94, 
129 Stat. 1312 (2015), repealed section 2006(b)(3) of the Surface 
Transportation Act effective for returns for taxable years beginning 
after December 31, 2015, such that the provision never took effect. 
Currently, Sec.  1.6081-11 provides a two and one-half month extension 
of time to file Form 5500 if the administrator or sponsor files an 
application in accordance with Sec.  1.6081-11(b), and these 
regulations do not amend that provision.
    Section 2006(b)(9) of the Surface Transportation Act requires the 
Secretary to provide that the due date for Form 3520-A , ``Annual 
Information Return of Foreign Trust with a US Owner,'' shall be the 
fifteenth day of the third month after the close of the trust's taxable 
year with a maximum extension of time to file of six months. Although 
Sec.  404.6048-1(c)(1) provides that the due date of this return is the 
fifteenth day of the fourth month following the close of the taxable 
year, the form's instructions currently provide that the due date of 
this return is the fifteenth day of the third month following the close 
of the taxable year. Additionally, Sec.  301.6081-2 provides for a six-
month extension of time to file this return if the trust files an 
application in accordance with Sec.  301.6081-2(b).
    Section 2006(b)(10) of the Surface Transportation Act requires the 
Secretary to provide that the due date for Form 3520, ``Annual Return 
to Report Transactions with Foreign Trusts and Receipt of Foreign 
Gifts,'' for calendar year filers shall be April 15 with a maximum 
extension of time to file of six months ending on October 15. The 
form's instructions currently provide that the due date of this return 
is the due date of the taxpayer's income tax return (in the case of a 
decedent, the decedent's estate and gift tax return), including any 
extension of time to file, and there are no regulations under section 
6081 providing a separate extension of time to file this return. The 
due dates for the Forms 3520-A and 3520 and the extension of time to 
file the Form 3520 will be addressed in a separate regulations project. 
Therefore, these regulations do not affect Forms 3520-A and 3520.
    Section 2006(b)(11) of the Surface Transportation Act requires that 
the Secretary provide a due date of April 15 with a maximum extension 
of time to file of six months, ending on October 15, and a provision 
for extension rules similar to those in Sec.  1.6081-5 (extension of 
time to file and pay until June 15 if taxpayer is out of the country), 
for FinCEN Report 114, ``Report of Foreign Bank and Financial 
Accounts.'' Further, for any taxpayer required to file this return for 
the first time, section 2006(b)(11) of the Surface Transportation Act 
provides that the Secretary may waive any penalty for failure to timely 
request an extension.
    On March 10, 2016, FinCEN published a notice of proposed rulemaking 
to address the extension of time to file FinCEN Report 114 (81 FR 
12613). Therefore, these regulations do not address FinCEN Report 114.
    The filing date changes enacted by the Surface Transportation Act 
also indirectly affect various due dates and extended due dates that, 
although determined by section 6072, are often specified throughout 
Title 26 of the Code of Federal Regulations by cross-reference to, or 
by restating the dates in, section 6072 prior to amendment by the 
Surface Transportation Act. Examples of such regulations include 
Sec. Sec.  1.170A-11, 1.316-1, 1.338-10, 1.367(a)-7, 1.381(c)(14)-1, 
1.468A-4, 1.468B-2, 1.547-4, 1.563-1, 1.563-2, 1.921-2, 1.923-1T, 
1.925(a)-1T, 1.927(b)-1T, 1.936-1, 1.1248(f)-3, 1.1446-6, 1.6425-1, 
1.6655-1, and 1.6655-7. Because the Treasury Department must prioritize 
limited resources, these regulations generally do not make amendments 
to update, conform, or clarify the due dates and extended due dates 
referenced in such sections. To the extent that any existing 
regulations (including examples) are not consistent with the due dates 
specified by section 6072 (as amended by the Surface Transportation 
Act), the statutory due dates control. If resources permit, the 
Treasury Department and the IRS will update outdated examples and 
regulatory text through future guidance projects. In the meantime, 
taxpayers should refer to the relevant form instructions for guidance.
E. Miscellaneous Clarifications, Corrections, and Updates
    These regulations also include some changes that correct minor 
typographical errors or make clarifications or updates. The period of 
underpayment of estimated tax by a corporation under section 6655 for 
the section 1446 withholding tax described in Sec.  1.1446-
3(b)(2)(v)(C) is administratively tied to the due date of Form 8804. 
These regulations therefore revise Sec.  1.1446-3(b)(2)(v)(C) to update 
the period of underpayment for the section 1446 withholding tax. 
Additionally, the due date for returns of banks with respect to common 
trust funds, commonly filed on Form 1065, is administratively tied to 
the due date of Form 1065, so these regulations update Sec.  1.6032-1 
to clarify that the due date for these returns has changed. Similarly, 
the annual return filed by a religious or apostolic association or 
corporation on Form 1065 is to be filed on the due date of a 
partnership return under section 6072(b), so these regulations update 
Sec.  1.6033-2(e) to clarify that the due date for these returns has 
changed.

II. PATH Act

    These regulations also contain conforming amendments to reflect 
that the due date for forms in the Form W-2 series, Form W-3, and Forms 
1099-MISC that report nonemployee compensation is January 31 of the 
calendar year following the calendar year for which the information is 
being reported, as enacted by section 201 of the PATH Act.

Dates of Applicability

    These regulations are generally applicable for returns filed on or 
after the date of publication of this Treasury Decision. Many of the 
amendments in these regulations, however, reflect statutory changes 
that were effective for taxable years beginning after December 31, 
2015, and those statutory changes, described in the background section 
of this preamble, supersede regulations that are amended by this 
Treasury Decision. Additionally, taxpayers may elect to apply these 
regulations to returns filed for periods beginning after December 31, 
2015. The election is made by filing a return by the due date or 
extended due date specified in these regulations if that due date is 
later than the due date specified by regulations in effect at the time 
the return is filed.

Special Analyses

    Certain IRS regulations, including these regulations, are exempt 
from the requirements of Executive Order 12866, as supplemented and 
reaffirmed by Executive Order 13563. Therefore, a regulatory assessment 
is not required. For applicability of the Regulatory Flexibility Act, 
please refer to the cross-reference notice of proposed rulemaking 
published elsewhere in this issue of the Federal Register. Pursuant to 
section

[[Page 33444]]

7805(f) of the Internal Revenue Code, these temporary regulations have 
been submitted to the Chief Counsel for Advocacy of the Small Business 
Administration for comment on the impact on small businesses.

Drafting Information

    The principal author of these regulations is Jonathan R. Black of 
the Office of the Associate Chief Counsel (Procedure and 
Administration).

List of Subjects

26 CFR Part 1

    Income taxes, Reporting and recordkeeping requirements.

26 CFR Part 31

    Employment taxes, Income taxes, Penalties, Pensions, Railroad 
retirement, Reporting and recordkeeping requirements, Social security, 
Unemployment compensation.

Amendments to the Regulations

    Accordingly, 26 CFR parts 1 and 31 are amended as follows:

PART 1--INCOME TAXES

0
Paragraph 1. The authority citation for part 1 continues to read in 
part as follows:

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


0
Par. 2. Revise paragraph (b)(2)(v)(C) and add paragraph (g) to Sec.  
1.1446-3 to read as follows:


Sec.  1.1446-3   Time and manner of calculating and paying over the 
1446 tax.

* * * * *
    (b) * * *
    (2) * * *
    (v) * * *
    (C) [Reserved]. For further guidance, see Sec.  1.1446-
3T(b)(2)(v)(C).
* * * * *
    (g) [Reserved]. For further guidance, see Sec.  1.1446-3T(g).

0
Par. 3. Add Sec.  1.1446-3T to read as follows:


Sec.  1.1446-3T  Time and manner of calculating and paying over the 
1446 tax (temporary).

    (a) [Reserved]. For further guidance, see Sec.  1.1446-3(a).
    (b)(1) [Reserved]. For further guidance, see Sec.  1.1446-3(b)(1).
    (2)(i) through (iv) [Reserved]. For further guidance, see Sec.  
1.1446-3(b)(2)(i) through (iv).
    (v)(A) through (B) [Reserved]. For further guidance, see Sec.  
1.1446-3(b)(2)(v)(A) and (B).
    (C) Period of underpayment. The period of the underpayment set 
forth in section 6655(b)(2) shall end on the earlier of the date the 
partnership is required to file Form 8804 (as provided in paragraph 
(d)(1)(iii) of this section and without regard to extensions), or with 
respect to any portion of the underpayment, the date on which such 
portion is paid.
    (c) through (f) [Reserved]. For further guidance, see Sec.  1.1446-
3(c) through (f).
    (g) Applicability date. This section applies to returns filed on or 
after July 20, 2017. Sections 1.1446-3 and 1.1446-7 (as contained in 26 
CFR part 1, revised April 2017) apply to returns filed before July 20, 
2017.
    (h) Expiration date. The applicability of this section will expire 
on or before July 17, 2020.

0
Par. 4. Revise paragraph (a)(1) of Sec.  1.6012-6 to read as follows:


Sec.  1.6012-6  Returns by political organizations.

    (a) * * * (1) [Reserved]. For further guidance, see Sec.  1.6012-
6T(a)(1).
* * * * *

0
Par. 5. Add Sec.  1.6012-6T to read as follows:


Sec.  1.6012-6T   Returns by political organizations (temporary).

    (a) Requirement of return--(1) In general. For taxable years 
beginning after December 31, 1974, every political organization 
described in section 527(e)(1), and every fund described in section 
527(f)(3) or section 527(g), and every organization described in 
section 501(c) and exempt from taxation under section 501(a) shall, if 
a tax is imposed on such an organization or fund by section 527(b), 
make a return of income on or before the fifteenth day of the fourth 
month following the close of the taxable year.
    (2) [Reserved]. For further guidance, see Sec.  1.6012-6(a)(2).
    (b) [Reserved]. For further guidance, see Sec.  1.6012-6(b).
    (c) Applicability date. This section applies to returns filed after 
July 20, 2017. Section 1.6012-6 (as contained in 26 CFR part 1, revised 
April 2017) applies to returns filed before July 20, 2017.
    (d) Expiration date. The applicability of this section will expire 
on or before July 17, 2020.

0
Par. 6. Revise paragraph (e)(2) of Sec.  1.6031(a)-1 to read as 
follows:


Sec.  1.6031(a)-1  Return of partnership income.

* * * * *
    (e) * * *
    (2) [Reserved]. For further guidance, see Sec.  1.6031(a)-1T(e)(2).
* * * * *

0
Par. 7. Add Sec.  1.6031(a)-1T to read as follows:


Sec.  1.6031(a)-1T   Return of partnership income (temporary).

    (a) through (d) [Reserved]. For further guidance, see Sec.  
1.6031(a)-1(a) through (d).
    (e)(1) [Reserved]. For further guidance, see Sec.  1.6031(a)-
1(e)(1).
    (2) Time for filing. The return of a partnership must be filed on 
or before the date prescribed by section 6072(b).
    (f) Applicability date. This section applies to returns filed on or 
after July 20, 2017. Section 1.6031(a)-1 (as contained in 26 CFR part 
1, revised April 2017) applies to returns filed before July 20, 2017.
    (g) Expiration date. The applicability of this section will expire 
on or before July 17, 2020.

0
Par. 8. Revise Sec.  1.6032-1 to read as follows:


Sec.  1.6032-1   Returns of banks with respect to common trust funds.

    [Reserved]. For further guidance, see Sec.  1.6032-1T.

0
Par. 9. Add Sec.  1.6032-1T to read as follows:


Sec.  1.6032-1T   Returns of banks with respect to common trust funds.

    (a) Every bank (as defined in section 581) maintaining a common 
trust fund shall make a return of income of the common trust fund, 
regardless of the amount of its taxable income. Member banks of an 
affiliated group that serve as co-trustees with respect to a common 
trust fund must act jointly in making a return for the fund. If a bank 
maintains more than one common trust fund, a separate return shall be 
made for each. No particular form is prescribed for making the return 
under this section, but Form 1065 may be used if it is designated by 
the bank as the return of a common trust fund. The return shall be made 
for the taxable year of the common trust fund and shall be filed on or 
before the date prescribed by section 6072(b) with the service center 
prescribed in the relevant IRS revenue procedure, publication, form, or 
instructions to the form (see Sec.  601.601(d)(2) of this chapter). 
Such return shall state specifically with respect to the fund the items 
of gross income and the deductions allowed by subtitle A of the Code, 
shall include each participant's name and address, the participant's 
proportionate share of taxable income or net loss (exclusive of gains 
and losses from sales or exchanges of capital assets), the 
participant's proportionate share of gains and losses from sales or 
exchanges of capital assets,

[[Page 33445]]

and the participant's share of items which enter into the determination 
of the tax imposed by section 56. See Sec. Sec.  1.584-2 and 1.58-5. If 
the common trust fund is maintained by two or more banks that are 
members of the same affiliated group, the return must also identify the 
member bank in the group that has contributed each participant's 
property or money to the fund. A copy of the plan of the common trust 
fund must be filed with the return. If, however, a copy of such plan 
has once been filed with a return, it need not again be filed if the 
return contains a statement showing when and where it was filed. If the 
plan is amended in any way after such copy has been filed, a copy of 
the amendment must be filed with the return for the taxable year in 
which the amendment was made. For the signing of a return of a bank 
with respect to common trust funds, see Sec.  1.6062-1, relating to the 
manner prescribed for the signing of a return of a corporation.
    (b) This section applies to returns filed on or after July 20, 
2017. Section 1.6032-1 (as contained in 26 CFR part 1, revised April 
2017) applies to taxable years beginning before July 20, 2017.
    (c) The applicability of this section will expire on or before July 
17, 2020.

0
Par. 10. Revise paragraph (e) of Sec.  1.6033-2 to read as follows:


Sec.  1.6033-2   Returns by exempt organizations (taxable years 
beginning after December 31, 1969) and returns by certain nonexempt 
organizations (taxable years beginning after December 31, 1980).

* * * * *
    (e) [Reserved]. For further guidance, see Sec.  1.6033-2T(e).
* * * * *

0
Par. 11. Add Sec.  1.6033-2T to read as follows:


Sec.  1.6033-2T  Returns by exempt organizations (taxable years 
beginning after December 31, 1969) and returns by certain nonexempt 
organizations (taxable years beginning after December 31, 1980) 
(temporary).

    (a) through (d) [Reserved]. For further guidance, see Sec.  1.6033-
2(a) through (d).
    (e) Time and place for filing. The annual return required by this 
section shall be filed on or before the 15th day of the fifth calendar 
month following the close of the period for which the return is 
required to be filed. The annual return on Form 1065 required to be 
filed by a religious or apostolic association or corporation shall be 
filed on or before the date prescribed by section 6072(b). Each such 
return shall be filed in accordance with the instructions applicable 
thereto.
    (f) through (j) [Reserved]. For further guidance, see Sec.  1.6033-
2(f) through (j).
    (k) Applicability date. This section applies to returns filed on or 
after July 20, 2017. Section 1.6033-2 (as contained in 26 CFR part 1, 
revised April 2017) applies to returns filed before July 20, 2017.
    (l) Expiration date. The applicability of this section will expire 
on or before July 17, 2020.

0
Par. 12. Revise paragraph (a)(3)(ii) of Sec.  1.6041-2 to read as 
follows:


Sec.  1.6041-2   Return of information as to payments to employees.

    (a) * * *
    (3) * * *
    (ii) [Reserved]. For further guidance, see Sec.  1.6041-
2T(a)(3)(ii).
* * * * *

0
Par. 13. Add Sec.  1.6041-2T to read as follows:


Sec.  1.6041-2T   Return of information as to payments to employees 
(temporary).

    (a)(1) through (2) [Reserved]. For further guidance, see Sec.  
1.6041-2(a)(1) and (2).
    (3)(i) [Reserved]. For further guidance, see Sec.  1.6041-
2(a)(3)(i).
    (ii) Exception. In a case where an employer is not required to file 
Forms W-3 and W-2 under Sec.  31.6011(a)-4 or Sec.  31.6011(a)-5 of 
this chapter, returns on Forms W-3 and W-2 required under this 
paragraph (a) for any calendar year shall be filed on or before January 
31 of the following year.
    (b) through (c) [Reserved]. For further guidance, see Sec.  1.6041-
2(b) through (c).
    (d) Applicability date. This section applies to returns filed on or 
after July 20, 2017. Section 1.6041-2 (as contained in 26 CFR part 1, 
revised April 2017) applies to returns filed before July 20, 2017.
    (e) Expiration date. The applicability of this section will expire 
on or before July 17, 2020.

0
Par. 14. Revise Sec.  1.6041-6 to read as follows:


Sec.  1.6041-6  Returns made on Forms 1096 and 1099 under section 6041; 
contents and time and place for filing.

    [Reserved]. For further guidance, see Sec.  1.6041-6T.

0
Par. 15. Add Sec.  1.6041-6T to read as follows:


Sec.  1.6041-6T  Returns made on Forms 1096 and 1099 under section 
6041; contents and time and place for filing (temporary).

    (a) In general. Except as provided in paragraph (b) of this 
section, returns made under section 6041 on Forms 1096 and 1099 for any 
calendar year shall be filed on or before February 28 (March 31 if 
filed electronically) of the following year with any of the Internal 
Revenue Service Centers, the addresses of which are listed in the 
instructions for such forms. The name and address of the person making 
the payment and the name and address of the recipient of the payment 
shall be stated on Form 1099. If the present address of the recipient 
is not available, the last known post office address must be given. See 
section 6109 and the regulations thereunder for rules requiring the 
inclusion of identifying numbers in Form 1099.
    (b) Exception. Returns made on Form 1099 reporting nonemployee 
compensation shall be filed on or before January 31 of the year 
following the calendar year to which such returns relate.
    (c) Applicability date. This section applies to returns filed on or 
after July 20, 2017. Section 1.6041-6 (as contained in 26 CFR part 1, 
revised April 2017) applies to returns filed before July 20, 2017.
    (d) Expiration date. The applicability of this section will expire 
on or before July 17, 2020.

0
Par. 16. Revise paragraphs (a) and (d)(1) and (2) of Sec.  1.6072-2 to 
read as follows:


Sec.  1.6072-2  Time for filing returns of corporations.

    (a) [Reserved]. For further guidance, see Sec.  1.6072-2T(a).
* * * * *
    (d) * * *
    (1) [Reserved]. For further guidance, see Sec.  1.6072-2T(d)(1); 
and
    (2) [Reserved]. For further guidance, see Sec.  1.6072-2T(d)(2).
* * * * *

0
Par. 17. Add Sec.  1.6072-2T to read as follows:


Sec.  1.6072-2T  Time for filing returns of corporations (temporary).

    (a) Domestic and certain foreign corporations--(1) In general--(i) 
C corporations. Except as provided in paragraph (a)(2) of this section, 
the income tax return required under section 6012 of a domestic C 
corporation (as defined in section 1361(a)(2)) or of a foreign C 
corporation having an office or place of business in the United States 
shall be filed on or before the fifteenth day of the fourth month 
following the close of the taxable year.
    (ii) S corporations. The income tax return required under section 
6012 and 6037 of an S corporation (as defined in section 1361(a)(1)) 
shall be filed on or before the fifteenth day of the third month 
following the close of the taxable year.

[[Page 33446]]

    (2) Exception. For taxable years beginning before January 1, 2026, 
the income tax return of a C corporation described in paragraph 
(a)(1)(i) of this section that has a taxable year that ends on June 30 
shall be filed on or before the fifteenth day of the third month 
following the close of the taxable year. For purposes of this paragraph 
(a)(2), the return for a short period (within the meaning of section 
443) that ends on any day in June shall be treated as the return for a 
taxable year that ends on June 30.
    (b) through (c) [Reserved]. For further guidance, see Sec.  1.6072-
2(b) and (c).
    (d) introductory text [Reserved]. For further guidance, see Sec.  
1.6072-2(d) introductory text.
    (1) Section 521 associations. A farmers', fruit growers', or like 
association, organized and operated in compliance with the requirements 
of section 521 and Sec.  1.521-1; and
    (2) Section 1381 corporations. For a taxable year beginning after 
December 31, 1962, a corporation described in section 1381(a)(2), which 
is under a valid enforceable written obligation to pay patronage 
dividends (as defined in section 1388(a) and paragraph (a) of Sec.  
1.1388-1) in an amount equal to at least 50 percent of its net earnings 
from business done with or for its patrons, or which paid patronage 
dividends in such an amount out of the net earnings from business done 
with or for patrons during the most recent taxable year for which it 
had such net earnings. Net earnings for this purpose shall not be 
reduced by any taxes imposed by Subtitle A of the Code and shall not be 
reduced by dividends paid on capital stock or other proprietary 
interest.
    (e) through (f) [Reserved]. For further guidance, see Sec.  1.6072-
2(e) and (f).
    (g) Applicability date. This section applies to returns filed on or 
after July 20, 2017. Section 1.6072-2 (as contained in 26 CFR part 1, 
revised April 2017) applies to returns before July 20, 2017.
    (h) Expiration date. The applicability of this section will expire 
on or before July 17, 2020.

0
Par. 18. Revise paragraph (a) of Sec.  1.6081-1 to read as follows:


Sec.  1.6081-1  Extension of time for filing returns.

    (a) [Reserved]. For further guidance, see Sec.  1.6081-1T(a).
* * * * *

0
Par. 19. Add Sec.  1.6081-1T to read as follows:


Sec.  1.6081-1T   Extension of time for filing returns (temporary).

    (a) In general. The Commissioner is authorized to grant a 
reasonable extension of time for filing any return, declaration, 
statement, or other document that relates to any tax imposed by 
subtitle A of the Code and that is required under the provisions of 
subtitle A or F of the Code or the regulations thereunder. However, 
other than in the case of taxpayers who are abroad or as specified in 
section 6081(b), such extensions of time shall not be granted for more 
than six months, and the extension of time for filing the return of a 
DISC (as defined in section 992(a)), as specified in section 6072(b), 
shall not be granted. Except in the case of an extension of time 
pursuant to Sec.  1.6081-5, an extension of time for filing an income 
tax return shall not operate to extend the time for the payment of the 
tax unless specified to the contrary in the extension. For rules 
relating to extensions of time for paying tax, see Sec.  1.6161-1.
    (b) [Reserved]. For further guidance, see Sec.  1.6081-1(b).
    (c) Applicability date. This section applies to requests for 
extension of time to file returns on or after July 20, 2017. Section 
1.6081-1 (as contained in 26 CFR part 1, revised April 2017) applies to 
requests for extension of time to file returns before July 20, 2017.
    (d) Expiration date. The applicability of this section will expire 
on or before July 17, 2020.

0
Par. 20. Revise paragraph (a)(1) of Sec.  1.6081-2 to read as follows:


Sec.  1.6081-2  Automatic extension of time to file certain returns 
filed by partnerships.

    (a) * * * (1) [Reserved]. For further guidance, see Sec.  1.6081-
2T(a)(1).
* * * * *

0
Par. 21. Add Sec.  1.6081-2T to read as follows:


Sec.  1.6081-2T   Automatic extension of time to file certain returns 
filed by partnerships (temporary).

    (a) In general. (1) A partnership required to file Form 1065, 
``U.S. Partnership Return of Income,'' or Form 8804, ``Annual Return 
for Partnership Withholding Tax,'' for any taxable year will be allowed 
an automatic six-month extension of time to file the return after the 
date prescribed for filing the return if the partnership files an 
application under this section in accordance with paragraph (b) of this 
section. No additional extension will be allowed pursuant to Sec.  
1.6081-1(b) beyond the automatic six-month extension provided by this 
section. In the case of a partnership described in Sec.  1.6081-
5(a)(1), the automatic extension of time to file allowed under this 
section runs concurrently with an extension of time to file granted 
pursuant to Sec.  1.6081-5.
    (2) [Reserved]. For further guidance, see Sec.  1.6081-2(a)(2).
    (b) through (g) [Reserved]. For further guidance, see Sec.  1.6081-
2(b) through (g).
    (h) Applicability date. This section applies to applications for an 
automatic extension of time to file the partnership returns listed in 
paragraph (a) of this section on or after July 20, 2017. Section 
1.6081-2 (as contained in 26 CFR part 1, revised April 2017) applies to 
applications for an automatic extension of time to file before July 20, 
2017.
    (i) Expiration date. The applicability of this section will expire 
on or before July 17, 2020.

0
Par. 22. Revise the introductory text of paragraph (a), redesignate 
paragraph (e) as paragraph (g), revise the heading of newly 
redesignated paragraph (g), and add paragraphs (e) and (f) to Sec.  
1.6081-3 to read as follows:


Sec.  1.6081-3   Automatic extension of time for filing corporation 
income tax returns.

    (a) introductory text [Reserved]. For further guidance, see Sec.  
1.6081-3T(a) introductory text.
* * * * *
    (e) [Reserved]. For further guidance, see Sec.  1.6081-3T(e).
    (f) [Reserved]. For further guidance, see Sec.  1.6081-3T(f).
    (g) Applicability dates. * * *

0
Par. 23. Add Sec.  1.6081-3T to read as follows:


Sec.  1.6081-3T   Automatic extension of time for filing corporation 
income tax returns (temporary).

    (a) In general. Except as provided in paragraphs (e) and (f) of 
this section, a corporation or an affiliated group of corporations 
filing a consolidated return will be allowed an automatic 6-month 
extension of time to file its income tax return after the date 
prescribed for filing the return if the following requirements are met.
    (1) through (4) [Reserved]. For further guidance, see Sec.  1.6081-
3(a)(1) through (4).
    (b) through (d) [Reserved]. For further guidance, see Sec.  1.6081-
3(b) through (d).
    (e) Exception. In the case of any return for a taxable year of a C 
corporation that ends on June 30 and begins before January 1, 2026, the 
first sentence of paragraph (a) of this section shall be applied by 
substituting ``7-month'' for ``6-month.'' For purposes of this 
paragraph (e), the return for a short period (within the meaning of 
section 443) that ends on any day in June shall

[[Page 33447]]

be treated as the return for a taxable year that ends on June 30.
    (f) Cross reference. For provisions relating to extensions of time 
to file Form 1120-POL, ``U.S. Income Tax Return for Certain Political 
Organizations,'' see Sec.  1.6081-9.
    (g) Applicability date. This section applies to requests for 
extension of time to file corporation income tax returns on or after 
July 20, 2017. Section 1.6081-3 (as contained in 26 CFR part 1, revised 
April 2017) applies to applications for an automatic extension of time 
to file before July 20, 2017.
    (h) Expiration date. The applicability of this section will expire 
on or before July 17, 2020.

0
Par. 24. Revise paragraph (a)(1) of Sec.  1.6081-5 to read as follows:


Sec.  1.6081-5   Extensions of time in the case of certain 
partnerships, corporations and U.S. citizens and residents.

    (a) * * *
    (1) [Reserved]. For further guidance, see Sec.  1.6081-5T(a)(1);
* * * * *

0
Par. 25. Add Sec.  1.6081-5T to read as follows:


Sec.  1.6081-5T  Extensions of time in the case of certain 
partnerships, corporations and U.S. citizens and residents (temporary).

    (a) introductory text [Reserved]. For further guidance, see Sec.  
1.6081-5(a) introductory text.
    (1) Partnerships, which are required under section 6072(b) to file 
returns on the fifteenth day of the third month following the close of 
the taxable year of the partnership, that keep their records and books 
of account outside the United States and Puerto Rico;
    (2) through (6) [Reserved]. For further guidance, see Sec.  1.6081-
5(a)(2) through (6).
    (b) through (e) [Reserved]. For further guidance, see Sec.  1.6081-
5(b) through (e).
    (f) This section applies to returns filed on or after July 20, 
2017. Section 1.6081-5 (as contained in 26 CFR part 1, revised April 
2017) applies to applications for an automatic extension of time to 
file returns before July 20, 2017.
    (g) The applicability of this section will expire on or before July 
17, 2020.

0
Par. 26. Revise paragraph (a)(1) of Sec.  1.6081-6 to read as follows:


Sec.  1.6081-6  Automatic extension of time to file estate or trust 
income tax return.

    (a) * * * (1) [Reserved]. For further guidance, see Sec.  1.6081-
6T(a)(1).
* * * * *

0
Par. 27. Add Sec.  1.6081-6T to read as follows:


Sec.  1.6081-6T  Automatic extension of time to file estate or trust 
income tax return (temporary).

    (a) In general. (1) Except as provided in paragraph (a)(2) of this 
section, any estate, including but not limited to an estate defined in 
section 2031, or trust required to file an income tax return on Form 
1041, ``U.S. Income Tax Return for Estates and Trusts,'' will be 
allowed an automatic five and one-half month extension of time to file 
the return after the date prescribed for filing the return if the 
estate or trust files an application under this section in accordance 
with paragraph (b) of this section. No additional extension will be 
allowed pursuant to Sec.  1.6081-1(b) beyond the automatic five and 
one-half month extension provided by this section.
    (2) [Reserved]. For further guidance, see Sec.  1.6081-6(a)(2).
    (b) through (f) [Reserved]. For further guidance, see Sec.  1.6081-
6(b) through (f).
    (g) Applicability date. This section applies to applications for an 
automatic extension of time to file an estate or trust income tax 
return on or after July 20, 2017. Section 1.6081-6 (as contained in 26 
CFR part 1, revised April 2017) applies to applications for an 
automatic extension of time to file a return before July 20, 2017.
    (h) Expiration date. The applicability of this section will expire 
on or before July 17, 2020.

0
Par. 28. Revise paragraphs (a), (b)(1) and (3), (c), (d), and (e), of 
Sec.  1.6081-9 to read as follows:


Sec.  1.6081-9   Automatic extension of time to file exempt or 
political organization returns.

    (a) [Reserved]. For further guidance, see Sec.  1.6081-9T(a).
    (b) * * *
    (1) [Reserved]. For further guidance, see Sec.  1.6081-9T(b)(1);
* * * * *
    (3) [Reserved]. For further guidance, see Sec.  1.6081-9T(b)(3); 
and
* * * * *
    (c) [Reserved]. For further guidance, see Sec.  1.6081-9T(c).
    (d) [Reserved]. For further guidance, see Sec.  1.6081-9T(d).
    (e) [Reserved]. For further guidance, see Sec.  1.6081-9T(e).
* * * * *

0
Par. 29. Add Sec.  1.6081-9T to read as follows:


Sec.  1.6081-9T  Automatic extension of time to file exempt or 
political organization returns (temporary).

    (a) In general. An entity required to file a return on a form in 
the Form 990 series (Form 990, ``Return of Organization Exempt From 
Income Tax,'' Form 990-BL, ``Information and Initial Excise Tax Return 
for Black Lung Benefit Trusts and Certain Related Persons,'' Form 990-
EZ, ``Short Form Return of Organization Exempt From Income Tax,'' Form 
990-PF, ``Return of Private Foundation,'' and Form 990-T, ``Exempt 
Organization Business Tax Return''), Form 1041-A, ``U.S. Information 
Return-Trust Accumulation of Charitable Amounts,'' Form 1120-POL, 
``U.S. Income Tax Return for Certain Political Organizations,'' Form 
4720, ``Return of Certain Excise Taxes Under Chapters 41 and 42 of the 
Internal Revenue Code,'' Form 5227, ``Split-Interest Trust Information 
Return,'' Form 6069, ``Return of Excise Tax on Excess Contributions to 
Black Lung Benefit Trust Under Section 4953 and Computation of Section 
192 Deduction,'' and Form 8870, ``Information Return for Transfers 
Associated With Certain Personal Benefit Contracts,'' will be allowed 
an automatic six-month extension of time to file the return after the 
date prescribed for filing if the entity files an application in 
accordance with paragraph (b) of this section.
    (b) introductory text [Reserved]. For further guidance, see Sec.  
1.6081-9(b) introductory text.
    (1) Be submitted on Form 7004, ``Application for Automatic 
Extension of Time to File Certain Business Income Tax, Information, and 
Other Returns'' (in the case of an extension of time to file Form 1120-
POL), Form 8868, ``Application for Automatic Extension of Time to File 
an Exempt Organization Return'' (in the case of an extension of time to 
file any other return listed in paragraph (a) of this section), or in 
any other manner as may be prescribed by the Commissioner;
    (2) [Reserved]. For further guidance, see Sec.  1.6081-9(b)(2);
    (3) Show the full amount properly estimated as tentative tax for 
the entity for the taxable year; and
    (4) [Reserved]. For further guidance, see Sec.  1.6081-9(b)(4).
    (c) Termination of automatic extension. The Commissioner may 
terminate an automatic extension at any time by mailing to the entity a 
notice of termination. The notice must be mailed at least 10 days prior 
to the termination date designated in such notice. The notice of 
termination must be mailed to the address shown on the application for 
extension or to the entity's last known address. For further guidance 
regarding the definition of last known address, see Sec.  301.6212-2 of 
this chapter.
    (d) Penalties. See sections 6651 and 6652(c) for failure to file a 
return or

[[Page 33448]]

failure to pay the amount shown as tax on the return.
    (e) Coordination with Sec.  1.6081-1. No extension of time will be 
granted under Sec.  1.6081-1 for filing a return listed in paragraph 
(a) of this section until an automatic extension has been allowed 
pursuant to this section.
    (f) Applicability date. This section applies to requests for 
extensions of time to file returns listed in paragraph (a) of this 
section on or after July 20, 2017. Sections 1.6081-3 and 1.6081-9 (as 
contained in 26 CFR part 1, revised April 2017) apply to requests for 
extensions before July 20, 2017.
    (g) Expiration date. The applicability of this section will expire 
on or before July 17, 2020.

PART 31--EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT THE 
SOURCE

0
Par. 30. The authority citation for part 31 continues to read in part 
as follows:

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


0
Par. 31. Revise paragraph (a)(3) of Sec.  31.6071(a)-1 to read as 
follows:


Sec.  31.6071(a)-1  Time for filing returns and other documents.

    (a) * * *
    (3) [Reserved]. For further guidance, see Sec.  31.6071(a)-
1T(a)(3).
* * * * *

0
Par. 32. Add Sec.  31.6071(a)-1T to read as follows:


Sec.  31.6071(a)-1T  Time for filing returns and other documents 
(temporary).

    (a) Federal Insurance Contributions Act and income tax withheld 
from wages and from nonpayroll payments. (1) through (2) [Reserved]. 
For further guidance, see Sec.  31.6071(a)-1(a)(1) and (2).
    (3) Information returns--(i) General rule. Each information return 
in respect of wages as defined in Federal Insurance Contributions Act 
or of income tax withheld from wages as required under Sec.  31.6051-2 
must be filed on or before January 31 of the year following the 
calendar year for which it is made, except that, if a tax return under 
Sec.  31.6011(a)-5(a) is filed as a final return for a period ending 
prior to December 31, the information return must be filed on or before 
the last day of the first calendar month following the period for which 
the tax return is filed.
    (ii) Expedited filing. If an employer who is required to make a 
return pursuant to Sec.  31.6011(a)-1 or Sec.  31.6011(a)-4 is required 
to make a final return on Form 941, or a variation thereof, under Sec.  
31.6011(a)-6(a)(1) (relating to the final return for Federal Insurance 
Contributions Act taxes and income tax withholding from wages), the 
return which is required to be made under Sec.  31.6051-2 must be filed 
on or before the last day of the first calendar month following the 
period for which the final return is filed. The requirements set forth 
in this paragraph (a)(3)(ii) do not apply to employers with respect to 
employees whose wages are for domestic service in the private home of 
the employer. See Sec.  31.6011(a)-1(a)(3).
    (b) through (f) [Reserved]. For further guidance, see Sec.  
31.6071(a)-1(b) through (f).
    (g) Applicability date. This section applies to returns filed after 
July 20, 2017. Section 31.6071(a)-1 (as contained in 26 CFR part 31, 
revised April 2017) applies to returns filed before July 20, 2017.
    (h) Expiration date. The applicability of this section will expire 
on or before July 17, 2020.

Kirsten Wielobob,
Deputy Commissioner for Services and Enforcement.
    Approved: July 7, 2017.
Tom West,
Tax Legislative Counsel.
[FR Doc. 2017-15209 Filed 7-18-17; 4:15 pm]
 BILLING CODE 4830-01-P



                                                                     Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Rules and Regulations                                          33441

                                                  (g) Additional Information                               1.6012–6T(c)–(d), 1.6031(a)-1T(f)–(g),                (Section 1446),’’ § 1.6081–3 provided a
                                                     Bell Alert Service Bulletin (ASB) 212–15–             1.6032–1T(b)–(c), 1.6033–2T(k)–(l),                   six-month automatic extension of time
                                                  153, dated September 4, 2015; Bell ASB 212–              1.6041–2T(d)–(e), 1.6041–6T(c)–(d),                   to file the income tax return of all
                                                  15–155, dated September 15, 2015; and Bell               1.6072–2T(g)–(h), 1.6081–1T(c)–(d),                   corporations (three months longer than
                                                  ASB 412–15–168, dated September 15, 2015,                1.6081–2T(h)–(i), 1.6081–3T(g)–(h),                   the minimum three-month automatic
                                                  which are not incorporated by reference,                 1.6081–5T(f)–(g), 1.6081–6T(g)–(h),                   extension), and § 1.6081–6 provided an
                                                  contain additional information about the                 1.6081–9T(f)–(g), and 31.6071(a)–1T(g)–               automatic five-month extension of time
                                                  subject of this AD. For service information
                                                                                                           (h). For additional information, see the              to file Form 1041, such that the
                                                  identified in this AD, contact Bell Helicopter
                                                  Textron, Inc., P.O. Box 482, Fort Worth, TX              dates of applicability section of this                extended due date of these returns was
                                                  76101; telephone (817) 280–3391; fax (817)               preamble.                                             the fifteenth day of the ninth month
                                                  280–6466; or at http://                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                 after the close of the taxable year
                                                  www.bellcustomer.com/files/. You may                     Concerning these temporary regulations,               (September 15 for calendar-year
                                                  review this service information at the FAA,
                                                                                                           Jonathan R. Black, (202) 317–6845;                    taxpayers). Section 1.6081–4 provided
                                                  Office of the Regional Counsel, Southwest                                                                      an automatic six-month extension of
                                                  Region, 10101 Hillwood Pkwy., Room 6N–                   concerning submissions of comments
                                                                                                                                                                 time to file individual income tax
                                                  321, Fort Worth, TX 76177.                               and/or requests for a hearing, Regina
                                                                                                                                                                 returns, such that the extended due date
                                                                                                           Johnson (202) 317–6901 (not toll-free
                                                  (h) Subject                                                                                                    of an individual’s return was the
                                                                                                           numbers).
                                                    Joint Aircraft Service Component (JASC)                                                                      fifteenth day of the tenth month after
                                                                                                           SUPPLEMENTARY INFORMATION:                            the close of the taxable year (October 15
                                                  Codes: 7900 Engine Oil System and 2800
                                                  Aircraft Fuel System.                                    Background                                            for calendar-year taxpayers).
                                                                                                                                                                    The amendments to section 6072(b) of
                                                    Issued in Fort Worth, Texas, on July 7,                   These updates to the regulations                   the Internal Revenue Code made by
                                                  2017.                                                    reflect changes in tax return due dates               section 2006(a) of the Surface
                                                  Scott A. Horn,                                           enacted by section 2006 of the Surface                Transportation Act change the due date
                                                  Acting Manager, Rotorcraft Directorate,                  Transportation and Veterans Health                    for filing an income tax return by a C
                                                  Aircraft Certification Service.                          Care Choice Improvement Act of 2015                   corporation from the fifteenth day of the
                                                  [FR Doc. 2017–15031 Filed 7–19–17; 8:45 am]              (the Surface Transportation Act), Public              third month following the close of the
                                                  BILLING CODE 4910–13–P                                   Law 114–41, 129 Stat. 443 (2015), as                  taxable year (March 15 for calendar-year
                                                                                                           well as changes to information return                 taxpayers) to the fifteenth day of the
                                                                                                           due dates enacted by section 201 of the               fourth month following the close of the
                                                  DEPARTMENT OF THE TREASURY                               Protecting Americans from Tax Hikes                   taxable year (April 15 for calendar-year
                                                                                                           Act of 2015 (PATH Act), Public Law                    taxpayers). The amendments also
                                                  Internal Revenue Service                                 114–113, Div. Q, 129 Stat. 2242 (2015).               change the due date for filing an income
                                                                                                              Prior to amendment by the Surface                  tax return by a partnership from the
                                                  26 CFR Parts 1 and 31                                    Transportation Act, section 6072(a)                   fifteenth day of the fourth month
                                                                                                           provided that the income tax returns of               following the close of the taxable year
                                                  [TD 9821]                                                partnerships (generally Form 1065,                    (April 15 for calendar-year taxpayers) to
                                                  RIN 1545–BN13                                            ‘‘U.S. Return of Partnership Income’’),               the fifteenth day of the third month
                                                                                                           trusts and estates (generally Form 1041,              following the close of the taxable year
                                                  Return Due Date and Extended Due                         ‘‘U.S. Income Tax Return for Estates and              (March 15 for calendar-year taxpayers).
                                                  Date Changes                                             Trusts’’), and individuals (generally                 Generally these amendments apply to
                                                                                                           Form 1040, ‘‘U.S. Individual Income                   returns for taxable years beginning after
                                                  AGENCY:  Internal Revenue Service (IRS),                 Tax Return’’) were due on the fifteenth               December 31, 2015. However, for any C
                                                  Treasury.                                                day of the fourth month following the                 corporation with a taxable year ending
                                                  ACTION: Final and temporary                              close of the taxable year (April 15 for               on June 30, these amendments apply to
                                                  regulations.                                             calendar-year taxpayers). Section                     returns for taxable years beginning after
                                                                                                           6072(b) generally provided that the                   December 31, 2025.
                                                  SUMMARY:    This document contains final                 income tax returns of corporations (most                 Section 2006(b) of the Surface
                                                  and temporary regulations that update                    forms in the Form 1120 series) were due               Transportation Act provides that for
                                                  the due dates and extensions of time to                  on the fifteenth day of the third month               taxable years beginning after December
                                                  file certain tax returns and information                 following the close of the taxable year               31, 2015, the Secretary of the Treasury,
                                                  returns. The dates are updated to reflect                (March 15 for calendar-year taxpayers).               or the Secretary’s designee, shall modify
                                                  the new statutory requirements set by                       Under section 6081(a), the Secretary               appropriate regulations regarding the
                                                  section 2006 of the Surface                              generally has authority to grant a                    due dates of certain returns and the
                                                  Transportation and Veterans Health                       reasonable extension of time of up to six             maximum extensions of time to file
                                                  Care Choice Improvement Act of 2015                      months for filing any return, statement,              certain returns, as specified in that
                                                  and section 201 of the Protecting                        or other document (longer in the case of              section.
                                                  Americans from Tax Hikes Act of 2015.                    taxpayers who are abroad).                               Section 2006(c) of the Surface
                                                  These regulations affect taxpayers who                   Additionally, prior to amendment by                   Transportation Act generally changes
                                                  file Form W–2 (series, except Form W–                    the Surface Transportation Act, section               the automatic extension of time to file
                                                  2G), Form W–3, Form 990 (series), Form                   6081(b) provided for a three-month                    the tax return of a C corporation
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                                                  1099–MISC, Form 1041, Form 1041–A,                       automatic extension of time to file for               provided by section 6081(b) from three
                                                  Form 1065, Form 1120 (series), Form                      all corporations.                                     months to six months. However, there
                                                  4720, Form 5227, Form 6069, Form                            Immediately prior to the enactment of              are exceptions for C corporations with
                                                  8804, or Form 8870.                                      the Surface Transportation Act,                       taxable years that begin before January
                                                  DATES: Effective Date: These regulations                 § 1.6081–2 provided an automatic five-                1, 2026. These statutory exceptions are
                                                  are effective July 20, 2017.                             month extension of time to file Form                  (1) if a C corporation files for a calendar
                                                     Applicability Date: For dates of                      1065 and Form 8804, ‘‘Annual Return                   year, the automatic extension is five
                                                  applicability, see §§ 1.1446–3T(g)–(h),                  for Partnership Withholding Tax                       months; and (2) if the C corporation files


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                                                  33442              Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Rules and Regulations

                                                  for a taxable year that ends on June 30,                 providing a seven-month automatic                     amend § 1.6081–6(a)(2), which
                                                  the automatic extension is seven                         extension of time to file the income tax              addresses bankruptcy estates filing
                                                  months. These amendments apply to                        return of any C corporation with a                    Form 1041.
                                                  income tax returns for taxable years                     taxable year that ends on June 30 and
                                                                                                                                                                 C. Exempt Organizations
                                                  beginning after December 31, 2015.                       before January 1, 2026. Prior to the
                                                     Prior to enactment of the PATH Act,                   Surface Transportation Act and these                     Section 2006(b)(4) through (b)(8) of
                                                  the due dates for filing forms in the                    temporary regulations, § 1.6081–3 relied              the Surface Transportation Act requires
                                                  Form W–2 series, Form W–3, and Form                      on the Secretary’s authority under                    the Secretary to modify appropriate
                                                  1099–MISC on paper were either                           section 6081(a) to provide for a six-                 regulations to provide a maximum six-
                                                  February 28 or the last day of February                  month automatic extension of time to                  month automatic extension of time to
                                                  of the calendar year following the                       file for all corporations, despite section            file returns of tax exempt organizations
                                                  calendar year for which the information                  6081(b) only requiring an automatic                   that were eligible for an automatic
                                                  was being reported. See § 1.6041–                        three-month extension. Similarly, these               extension under § 1.6081–9 (except
                                                  2(a)(3)(ii) (Form W–2 not subject to                     temporary regulations provide a six-                  Form 1041–A, ‘‘U.S. Information
                                                  FICA); § 31.6071(a)–1(a)(3)(i) (Form W–                  month automatic extension of time to                  Return-Trust Accumulation of
                                                  2 subject to FICA); and § 1.6041–6                       file a return for all corporations, except            Charitable Amounts,’’ which section
                                                  (Form 1099–MISC). The due date for                       for C corporations that have a tax year               2006 of the Surface Transportation Act
                                                  filing these information returns                         that ends on June 30 and before January               does not address). These returns are
                                                  electronically was March 31 of the                       1, 2026.                                              those in the Form 990 series (Form 990,
                                                  calendar year following the calendar                        As a matter of administrative                      ‘‘Return of Organization Exempt From
                                                  year for which the information was                       necessity, the return for a short period              Income Tax,’’ Form 990–BL,
                                                  being reported. See section 6071(b) prior                (within the meaning of section 443) that              ‘‘Information and Initial Excise Tax
                                                  to amendment by the PATH Act.                            ends on any day in June is treated as if              Return for Black Lung Benefit Trusts
                                                     Section 201(a) and (c) of the PATH                    it is the return for a taxable year ending            and Certain Related Persons,’’ Form
                                                  Act amended section 6071(b) and added                    on June 30 for purposes of the last date              990–EZ, ‘‘Short Form Return of
                                                  new section 6071(c) to change the due                    for filing the income tax return of a C               Organization Exempt From Income
                                                  date for information returns in the Form                 corporation under § 1.6072–2 and the                  Tax,’’ Form 990–PF, ‘‘Return of Private
                                                  W–2 series, Form W–3, and ‘‘any                          duration of the extension of time to file             Foundation,’’ and Form 990–T, ‘‘Exempt
                                                  returns or statements required by the                    the income tax return of a C corporation              Organization Business Tax Return’’),
                                                  Secretary to report nonemployee                          under § 1.6081–3.                                     Form 4720, ‘‘Return of Certain Excise
                                                  compensation.’’ Nonemployee                                 Section 2006(b)(1) of the Surface                  Taxes Under Chapters 41 and 42 of the
                                                  compensation is currently reportable in                  Transportation Act specifies a                        Internal Revenue Code,’’ Form 5227,
                                                  box 7 of Form 1099–MISC. The                             maximum extension of time to file of six
                                                                                                                                                                 ‘‘Split-Interest Trust Information
                                                  amendments are effective for                             months for partnerships filing Form
                                                                                                                                                                 Return,’’ Form 6069, ‘‘Return of Excise
                                                  information returns for calendar years                   1065. Accordingly, § 1.6081–2T
                                                                                                                                                                 Tax on Excess Contributions to Black
                                                  beginning after 2015. Under new section                  provides that partnerships may obtain
                                                                                                                                                                 Lung Benefit Trust Under Section 4953
                                                  6071(c), the new due date for returns in                 an automatic six-month extension of
                                                                                                                                                                 and Computation of Section 192
                                                  the Form W–2 series, Form W–3, and                       time to file Forms 1065 and 8804 if the
                                                                                                                                                                 Deduction,’’ and Form 8870,
                                                  Forms 1099–MISC that report                              partnership files an application in
                                                                                                                                                                 ‘‘Information Return for Transfers
                                                  nonemployee compensation is January                      accordance with § 1.6081–2(b).
                                                                                                                                                                 Associated With Certain Personal
                                                  31 of the calendar year following the                    B. Form 1041, ‘‘U.S. Income Tax Return                Benefit Contracts.’’
                                                  calendar year for which the information                  for Estates and Trusts’’
                                                  is being reported, regardless of whether                                                                          Section 1.6081–9 provided a six-
                                                  the returns are filed on paper or                          Section 2006(b)(2) of the Surface                   month automatic extension of time to
                                                  electronically. The due date for                         Transportation Act requires the                       file the Form 990–T, but provided only
                                                  information returns on Forms 1099–                       Secretary to amend appropriate                        a three-month automatic extension of
                                                  MISC that do not report nonemployee                      regulations to provide that the                       time to file the other forms (including
                                                  compensation remains unchanged.                          maximum extension of time for the                     the Form 1041–A). To implement the
                                                                                                           returns of trusts filing Form 1041 is five            Surface Transportation Act and for
                                                  Explanation of Provisions                                and one-half months (ending on                        consistency, § 1.6081–9T provides an
                                                  I. Section 2006 of the Surface                           September 30 in the case of calendar-                 automatic six-month extension of time
                                                  Transportation Act                                       year filers). Section 1.6081–6(a)(1)                  to file all of these forms if the exempt
                                                                                                           provides an automatic five-month                      organization files an application in
                                                  A. Partnership and Corporate Tax                         extension of time for a non-bankruptcy                accordance with § 1.6081–9(b).
                                                  Returns                                                  estate or a trust to file this return,                   Also, for administrative convenience
                                                    These temporary regulations amend                      provided that the estate or trust files an            and to provide filers of Form 1120–POL,
                                                  § 1.6072–2 to account for the due dates                  application in accordance with                        ‘‘U.S. Tax Return for Certain Political
                                                  for the income tax returns of C                          § 1.6081–6(b). To implement section                   Organizations,’’ with an automatic
                                                  corporations specified by section                        2006(b)(2) of the Surface Transportation              extension of time to file that is
                                                  2006(a) of the Surface Transportation                    Act and provide consistency for                       consistent with the automatic extension
                                                  Act. Under § 1.6072–2T, except in the                    automatic extensions for non-                         of time to file applicable to other
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                                                  case of a C corporation that has a taxable               bankruptcy estates and trusts filing                  exempt organization returns identified
                                                  year that ends on June 30, the last date                 Form 1041, § 1.6081–6T(a)(1) provides                 above, the automatic extension of time
                                                  for filing the income tax return of a C                  both non-bankruptcy estates and trusts                to file Form 1120–POL is removed from
                                                  corporation is the fifteenth day of the                  an automatic five and one-half month                  the forms eligible for an extension of
                                                  fourth month following the close of the                  extension of time to file a Form 1041,                time to file under § 1.6081–3 and added
                                                  taxable year.                                            provided that the estate or trust files an            to the forms eligible for a six-month
                                                    Additionally, § 1.6081–3T conforms                     application in accordance with                        extension of time to file under § 1.6081–
                                                  to amended section 6081(b) by                            § 1.6081–6(b). These regulations do not               9T.


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                                                                     Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Rules and Regulations                                          33443

                                                  D. Surface Transportation Act                            the Form 3520 will be addressed in a                  corporation under section 6655 for the
                                                  Provisions Not Addressed by These                        separate regulations project. Therefore,              section 1446 withholding tax described
                                                  Regulations                                              these regulations do not affect Forms                 in § 1.1446–3(b)(2)(v)(C) is
                                                     Section 2006(b)(3) of the Surface                     3520–A and 3520.                                      administratively tied to the due date of
                                                  Transportation Act requires the                             Section 2006(b)(11) of the Surface                 Form 8804. These regulations therefore
                                                                                                           Transportation Act requires that the                  revise § 1.1446–3(b)(2)(v)(C) to update
                                                  Secretary to amend appropriate
                                                                                                           Secretary provide a due date of April 15              the period of underpayment for the
                                                  regulations to provide that the
                                                                                                           with a maximum extension of time to                   section 1446 withholding tax.
                                                  maximum extension for returns of
                                                                                                           file of six months, ending on October                 Additionally, the due date for returns of
                                                  employee benefit plans filing Form
                                                                                                           15, and a provision for extension rules               banks with respect to common trust
                                                  5500, ‘‘Annual Return/Report of
                                                                                                           similar to those in § 1.6081–5 (extension             funds, commonly filed on Form 1065, is
                                                  Employee Benefit Plan,’’ is an automatic
                                                                                                           of time to file and pay until June 15 if              administratively tied to the due date of
                                                  three and one-half-month period
                                                                                                           taxpayer is out of the country), for                  Form 1065, so these regulations update
                                                  (ending on November 15 in the case of
                                                                                                           FinCEN Report 114, ‘‘Report of Foreign                § 1.6032–1 to clarify that the due date
                                                  calendar-year plans). Section 32104 of
                                                                                                           Bank and Financial Accounts.’’ Further,               for these returns has changed. Similarly,
                                                  the FAST Act, Public Law 114–94, 129                     for any taxpayer required to file this                the annual return filed by a religious or
                                                  Stat. 1312 (2015), repealed section                      return for the first time, section                    apostolic association or corporation on
                                                  2006(b)(3) of the Surface Transportation                 2006(b)(11) of the Surface                            Form 1065 is to be filed on the due date
                                                  Act effective for returns for taxable years              Transportation Act provides that the                  of a partnership return under section
                                                  beginning after December 31, 2015, such                  Secretary may waive any penalty for                   6072(b), so these regulations update
                                                  that the provision never took effect.                    failure to timely request an extension.               § 1.6033–2(e) to clarify that the due date
                                                  Currently, § 1.6081–11 provides a two                       On March 10, 2016, FinCEN                          for these returns has changed.
                                                  and one-half month extension of time to                  published a notice of proposed
                                                  file Form 5500 if the administrator or                   rulemaking to address the extension of                II. PATH Act
                                                  sponsor files an application in                          time to file FinCEN Report 114 (81 FR                    These regulations also contain
                                                  accordance with § 1.6081–11(b), and                      12613). Therefore, these regulations do               conforming amendments to reflect that
                                                  these regulations do not amend that                      not address FinCEN Report 114.                        the due date for forms in the Form W–
                                                  provision.                                                  The filing date changes enacted by the             2 series, Form W–3, and Forms 1099–
                                                     Section 2006(b)(9) of the Surface                     Surface Transportation Act also                       MISC that report nonemployee
                                                  Transportation Act requires the                          indirectly affect various due dates and               compensation is January 31 of the
                                                  Secretary to provide that the due date                   extended due dates that, although                     calendar year following the calendar
                                                  for Form 3520–A , ‘‘Annual Information                   determined by section 6072, are often                 year for which the information is being
                                                  Return of Foreign Trust with a US                        specified throughout Title 26 of the                  reported, as enacted by section 201 of
                                                  Owner,’’ shall be the fifteenth day of the               Code of Federal Regulations by cross-                 the PATH Act.
                                                  third month after the close of the trust’s               reference to, or by restating the dates in,
                                                  taxable year with a maximum extension                    section 6072 prior to amendment by the                Dates of Applicability
                                                  of time to file of six months. Although                  Surface Transportation Act. Examples of                  These regulations are generally
                                                  § 404.6048–1(c)(1) provides that the due                 such regulations include §§ 1.170A–11,                applicable for returns filed on or after
                                                  date of this return is the fifteenth day of              1.316–1, 1.338–10, 1.367(a)–7,                        the date of publication of this Treasury
                                                  the fourth month following the close of                  1.381(c)(14)–1, 1.468A–4, 1.468B–2,                   Decision. Many of the amendments in
                                                  the taxable year, the form’s instructions                1.547–4, 1.563–1, 1.563–2, 1.921–2,                   these regulations, however, reflect
                                                  currently provide that the due date of                   1.923–1T, 1.925(a)–1T, 1.927(b)–1T,                   statutory changes that were effective for
                                                  this return is the fifteenth day of the                  1.936–1, 1.1248(f)–3, 1.1446–6, 1.6425–               taxable years beginning after December
                                                  third month following the close of the                   1, 1.6655–1, and 1.6655–7. Because the                31, 2015, and those statutory changes,
                                                  taxable year. Additionally, § 301.6081–2                 Treasury Department must prioritize                   described in the background section of
                                                  provides for a six-month extension of                    limited resources, these regulations                  this preamble, supersede regulations
                                                  time to file this return if the trust files              generally do not make amendments to                   that are amended by this Treasury
                                                  an application in accordance with                        update, conform, or clarify the due dates             Decision. Additionally, taxpayers may
                                                  § 301.6081–2(b).                                         and extended due dates referenced in                  elect to apply these regulations to
                                                     Section 2006(b)(10) of the Surface                    such sections. To the extent that any                 returns filed for periods beginning after
                                                  Transportation Act requires the                          existing regulations (including                       December 31, 2015. The election is
                                                  Secretary to provide that the due date                   examples) are not consistent with the                 made by filing a return by the due date
                                                  for Form 3520, ‘‘Annual Return to                        due dates specified by section 6072 (as               or extended due date specified in these
                                                  Report Transactions with Foreign Trusts                  amended by the Surface Transportation                 regulations if that due date is later than
                                                  and Receipt of Foreign Gifts,’’ for                      Act), the statutory due dates control. If             the due date specified by regulations in
                                                  calendar year filers shall be April 15                   resources permit, the Treasury                        effect at the time the return is filed.
                                                  with a maximum extension of time to                      Department and the IRS will update
                                                  file of six months ending on October 15.                                                                       Special Analyses
                                                                                                           outdated examples and regulatory text
                                                  The form’s instructions currently                        through future guidance projects. In the                Certain IRS regulations, including
                                                  provide that the due date of this return                 meantime, taxpayers should refer to the               these regulations, are exempt from the
                                                  is the due date of the taxpayer’s income                 relevant form instructions for guidance.              requirements of Executive Order 12866,
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                                                  tax return (in the case of a decedent, the                                                                     as supplemented and reaffirmed by
                                                  decedent’s estate and gift tax return),                  E. Miscellaneous Clarifications,                      Executive Order 13563. Therefore, a
                                                  including any extension of time to file,                 Corrections, and Updates                              regulatory assessment is not required.
                                                  and there are no regulations under                         These regulations also include some                 For applicability of the Regulatory
                                                  section 6081 providing a separate                        changes that correct minor                            Flexibility Act, please refer to the cross-
                                                  extension of time to file this return. The               typographical errors or make                          reference notice of proposed rulemaking
                                                  due dates for the Forms 3520–A and                       clarifications or updates. The period of              published elsewhere in this issue of the
                                                  3520 and the extension of time to file                   underpayment of estimated tax by a                    Federal Register. Pursuant to section


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                                                  33444              Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Rules and Regulations

                                                  7805(f) of the Internal Revenue Code,                    earlier of the date the partnership is                ■ Par. 7. Add § 1.6031(a)–1T to read as
                                                  these temporary regulations have been                    required to file Form 8804 (as provided               follows:
                                                  submitted to the Chief Counsel for                       in paragraph (d)(1)(iii) of this section
                                                  Advocacy of the Small Business                                                                                 § 1.6031(a)–1T Return of partnership
                                                                                                           and without regard to extensions), or
                                                                                                                                                                 income (temporary).
                                                  Administration for comment on the                        with respect to any portion of the
                                                  impact on small businesses.                              underpayment, the date on which such                    (a) through (d) [Reserved]. For further
                                                                                                           portion is paid.                                      guidance, see § 1.6031(a)–1(a) through
                                                  Drafting Information                                                                                           (d).
                                                                                                              (c) through (f) [Reserved]. For further
                                                    The principal author of these                          guidance, see § 1.1446–3(c) through (f).                (e)(1) [Reserved]. For further
                                                  regulations is Jonathan R. Black of the                     (g) Applicability date. This section               guidance, see § 1.6031(a)–1(e)(1).
                                                  Office of the Associate Chief Counsel                    applies to returns filed on or after July               (2) Time for filing. The return of a
                                                  (Procedure and Administration).                          20, 2017. Sections 1.1446–3 and 1.1446–               partnership must be filed on or before
                                                                                                           7 (as contained in 26 CFR part 1, revised             the date prescribed by section 6072(b).
                                                  List of Subjects                                                                                                 (f) Applicability date. This section
                                                                                                           April 2017) apply to returns filed before
                                                  26 CFR Part 1                                                                                                  applies to returns filed on or after July
                                                                                                           July 20, 2017.
                                                                                                                                                                 20, 2017. Section 1.6031(a)–1 (as
                                                    Income taxes, Reporting and                               (h) Expiration date. The applicability
                                                                                                                                                                 contained in 26 CFR part 1, revised
                                                  recordkeeping requirements.                              of this section will expire on or before
                                                                                                                                                                 April 2017) applies to returns filed
                                                                                                           July 17, 2020.
                                                  26 CFR Part 31                                                                                                 before July 20, 2017.
                                                                                                           ■ Par. 4. Revise paragraph (a)(1) of                    (g) Expiration date. The applicability
                                                    Employment taxes, Income taxes,                        § 1.6012–6 to read as follows:                        of this section will expire on or before
                                                  Penalties, Pensions, Railroad retirement,
                                                                                                           § 1.6012–6 Returns by political                       July 17, 2020.
                                                  Reporting and recordkeeping
                                                  requirements, Social security,                           organizations.                                        ■ Par. 8. Revise § 1.6032–1 to read as
                                                  Unemployment compensation.                                 (a) * * * (1) [Reserved]. For further               follows:
                                                                                                           guidance, see § 1.6012–6T(a)(1).                      § 1.6032–1 Returns of banks with respect
                                                  Amendments to the Regulations
                                                                                                           *     *    *     *     *                              to common trust funds.
                                                    Accordingly, 26 CFR parts 1 and 31
                                                                                                           ■ Par. 5. Add § 1.6012–6T to read as                    [Reserved]. For further guidance, see
                                                  are amended as follows:
                                                                                                           follows:                                              § 1.6032–1T.
                                                  PART 1—INCOME TAXES                                                                                            ■ Par. 9. Add § 1.6032–1T to read as
                                                                                                           § 1.6012–6T Returns by political
                                                                                                           organizations (temporary).                            follows:
                                                  ■ Paragraph 1. The authority citation
                                                  for part 1 continues to read in part as                    (a) Requirement of return—(1) In                    § 1.6032–1T Returns of banks with respect
                                                  follows:                                                 general. For taxable years beginning                  to common trust funds.
                                                                                                           after December 31, 1974, every political                 (a) Every bank (as defined in section
                                                      Authority: 26 U.S.C. 7805 * * *                      organization described in section                     581) maintaining a common trust fund
                                                  ■ Par. 2. Revise paragraph (b)(2)(v)(C)                  527(e)(1), and every fund described in                shall make a return of income of the
                                                  and add paragraph (g) to § 1.1446–3 to                   section 527(f)(3) or section 527(g), and              common trust fund, regardless of the
                                                  read as follows:                                         every organization described in section               amount of its taxable income. Member
                                                                                                           501(c) and exempt from taxation under                 banks of an affiliated group that serve as
                                                  § 1.1446–3 Time and manner of calculating
                                                                                                           section 501(a) shall, if a tax is imposed             co-trustees with respect to a common
                                                  and paying over the 1446 tax.
                                                                                                           on such an organization or fund by                    trust fund must act jointly in making a
                                                  *     *    *     *     *                                 section 527(b), make a return of income               return for the fund. If a bank maintains
                                                    (b) * * *                                              on or before the fifteenth day of the                 more than one common trust fund, a
                                                    (2) * * *                                              fourth month following the close of the
                                                    (v) * * *                                                                                                    separate return shall be made for each.
                                                                                                           taxable year.                                         No particular form is prescribed for
                                                    (C) [Reserved]. For further guidance,
                                                                                                              (2) [Reserved]. For further guidance,              making the return under this section,
                                                  see § 1.1446–3T(b)(2)(v)(C).
                                                                                                           see § 1.6012–6(a)(2).                                 but Form 1065 may be used if it is
                                                  *     *    *     *     *                                    (b) [Reserved]. For further guidance,              designated by the bank as the return of
                                                    (g) [Reserved]. For further guidance,                  see § 1.6012–6(b).                                    a common trust fund. The return shall
                                                  see § 1.1446–3T(g).                                         (c) Applicability date. This section               be made for the taxable year of the
                                                  ■ Par. 3. Add § 1.1446–3T to read as                     applies to returns filed after July 20,               common trust fund and shall be filed on
                                                  follows:                                                 2017. Section 1.6012–6 (as contained in               or before the date prescribed by section
                                                  § 1.1446–3T Time and manner of                           26 CFR part 1, revised April 2017)                    6072(b) with the service center
                                                  calculating and paying over the 1446 tax                 applies to returns filed before July 20,              prescribed in the relevant IRS revenue
                                                  (temporary).                                             2017.                                                 procedure, publication, form, or
                                                    (a) [Reserved]. For further guidance,                     (d) Expiration date. The applicability             instructions to the form (see
                                                  see § 1.1446–3(a).                                       of this section will expire on or before              § 601.601(d)(2) of this chapter). Such
                                                    (b)(1) [Reserved]. For further                         July 17, 2020.                                        return shall state specifically with
                                                  guidance, see § 1.1446–3(b)(1).                          ■ Par. 6. Revise paragraph (e)(2) of                  respect to the fund the items of gross
                                                    (2)(i) through (iv) [Reserved]. For                    § 1.6031(a)–1 to read as follows:                     income and the deductions allowed by
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                                                  further guidance, see § 1.1446–3(b)(2)(i)                                                                      subtitle A of the Code, shall include
                                                                                                           § 1.6031(a)–1     Return of partnership               each participant’s name and address,
                                                  through (iv).
                                                                                                           income.                                               the participant’s proportionate share of
                                                    (v)(A) through (B) [Reserved]. For
                                                  further guidance, see § 1.1446–                          *     *    *     *     *                              taxable income or net loss (exclusive of
                                                  3(b)(2)(v)(A) and (B).                                     (e) * * *                                           gains and losses from sales or exchanges
                                                    (C) Period of underpayment. The                          (2) [Reserved]. For further guidance,               of capital assets), the participant’s
                                                  period of the underpayment set forth in                  see § 1.6031(a)–1T(e)(2).                             proportionate share of gains and losses
                                                  section 6655(b)(2) shall end on the                      *     *    *     *     *                              from sales or exchanges of capital assets,


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                                                                     Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Rules and Regulations                                           33445

                                                  and the participant’s share of items                       (f) through (j) [Reserved]. For further             if filed electronically) of the following
                                                  which enter into the determination of                    guidance, see § 1.6033–2(f) through (j).              year with any of the Internal Revenue
                                                  the tax imposed by section 56. See                         (k) Applicability date. This section                Service Centers, the addresses of which
                                                  §§ 1.584–2 and 1.58–5. If the common                     applies to returns filed on or after July             are listed in the instructions for such
                                                  trust fund is maintained by two or more                  20, 2017. Section 1.6033–2 (as                        forms. The name and address of the
                                                  banks that are members of the same                       contained in 26 CFR part 1, revised                   person making the payment and the
                                                  affiliated group, the return must also                   April 2017) applies to returns filed                  name and address of the recipient of the
                                                  identify the member bank in the group                    before July 20, 2017.                                 payment shall be stated on Form 1099.
                                                  that has contributed each participant’s                    (l) Expiration date. The applicability              If the present address of the recipient is
                                                  property or money to the fund. A copy                    of this section will expire on or before              not available, the last known post office
                                                  of the plan of the common trust fund                     July 17, 2020.                                        address must be given. See section 6109
                                                  must be filed with the return. If,                       ■ Par. 12. Revise paragraph (a)(3)(ii) of             and the regulations thereunder for rules
                                                  however, a copy of such plan has once                    § 1.6041–2 to read as follows:                        requiring the inclusion of identifying
                                                  been filed with a return, it need not                                                                          numbers in Form 1099.
                                                  again be filed if the return contains a                  § 1.6041–2 Return of information as to                   (b) Exception. Returns made on Form
                                                  statement showing when and where it                      payments to employees.                                1099 reporting nonemployee
                                                  was filed. If the plan is amended in any                   (a) * * *                                           compensation shall be filed on or before
                                                  way after such copy has been filed, a                      (3) * * *                                           January 31 of the year following the
                                                  copy of the amendment must be filed                        (ii) [Reserved]. For further guidance,              calendar year to which such returns
                                                  with the return for the taxable year in                  see § 1.6041–2T(a)(3)(ii).                            relate.
                                                  which the amendment was made. For                        *      *    *     *     *                                (c) Applicability date. This section
                                                  the signing of a return of a bank with                   ■ Par. 13. Add § 1.6041–2T to read as                 applies to returns filed on or after July
                                                  respect to common trust funds, see                       follows:                                              20, 2017. Section 1.6041–6 (as
                                                  § 1.6062–1, relating to the manner                                                                             contained in 26 CFR part 1, revised
                                                  prescribed for the signing of a return of                § 1.6041–2T Return of information as to               April 2017) applies to returns filed
                                                  a corporation.                                           payments to employees (temporary).                    before July 20, 2017.
                                                     (b) This section applies to returns                     (a)(1) through (2) [Reserved]. For                     (d) Expiration date. The applicability
                                                  filed on or after July 20, 2017. Section                 further guidance, see § 1.6041–2(a)(1)                of this section will expire on or before
                                                  1.6032–1 (as contained in 26 CFR part                    and (2).                                              July 17, 2020.
                                                  1, revised April 2017) applies to taxable                  (3)(i) [Reserved]. For further guidance,            ■ Par. 16. Revise paragraphs (a) and
                                                  years beginning before July 20, 2017.                    see § 1.6041–2(a)(3)(i).                              (d)(1) and (2) of § 1.6072–2 to read as
                                                     (c) The applicability of this section                   (ii) Exception. In a case where an                  follows:
                                                  will expire on or before July 17, 2020.                  employer is not required to file Forms
                                                                                                           W–3 and W–2 under § 31.6011(a)–4 or                   § 1.6072–2 Time for filing returns of
                                                  ■ Par. 10. Revise paragraph (e) of                                                                             corporations.
                                                  § 1.6033–2 to read as follows:                           § 31.6011(a)–5 of this chapter, returns
                                                                                                           on Forms W–3 and W–2 required under                     (a) [Reserved]. For further guidance,
                                                  § 1.6033–2 Returns by exempt                             this paragraph (a) for any calendar year              see § 1.6072–2T(a).
                                                  organizations (taxable years beginning after             shall be filed on or before January 31 of             *     *     *    *     *
                                                  December 31, 1969) and returns by certain                the following year.                                     (d) * * *
                                                  nonexempt organizations (taxable years                     (b) through (c) [Reserved]. For further               (1) [Reserved]. For further guidance,
                                                  beginning after December 31, 1980).                      guidance, see § 1.6041–2(b) through (c).              see § 1.6072–2T(d)(1); and
                                                  *     *     *    *     *                                   (d) Applicability date. This section                  (2) [Reserved]. For further guidance,
                                                    (e) [Reserved]. For further guidance,                  applies to returns filed on or after July             see § 1.6072–2T(d)(2).
                                                  see § 1.6033–2T(e).                                      20, 2017. Section 1.6041–2 (as                        *     *     *    *     *
                                                  *     *     *    *     *                                 contained in 26 CFR part 1, revised                   ■ Par. 17. Add § 1.6072–2T to read as
                                                  ■ Par. 11. Add § 1.6033–2T to read as                    April 2017) applies to returns filed                  follows:
                                                  follows:                                                 before July 20, 2017.
                                                                                                                                                                 § 1.6072–2T Time for filing returns of
                                                                                                             (e) Expiration date. The applicability
                                                  § 1.6033–2T Returns by exempt                                                                                  corporations (temporary).
                                                                                                           of this section will expire on or before
                                                  organizations (taxable years beginning after             July 17, 2020.                                          (a) Domestic and certain foreign
                                                  December 31, 1969) and returns by certain                                                                      corporations—(1) In general—(i) C
                                                                                                           ■ Par. 14. Revise § 1.6041–6 to read as
                                                  nonexempt organizations (taxable years                                                                         corporations. Except as provided in
                                                  beginning after December 31, 1980)                       follows:                                              paragraph (a)(2) of this section, the
                                                  (temporary).                                                                                                   income tax return required under
                                                                                                           § 1.6041–6 Returns made on Forms 1096
                                                    (a) through (d) [Reserved]. For further                and 1099 under section 6041; contents and             section 6012 of a domestic C
                                                  guidance, see § 1.6033–2(a) through (d).                 time and place for filing.                            corporation (as defined in section
                                                    (e) Time and place for filing. The                       [Reserved]. For further guidance, see               1361(a)(2)) or of a foreign C corporation
                                                  annual return required by this section                   § 1.6041–6T.                                          having an office or place of business in
                                                  shall be filed on or before the 15th day                 ■ Par. 15. Add § 1.6041–6T to read as                 the United States shall be filed on or
                                                  of the fifth calendar month following                    follows:                                              before the fifteenth day of the fourth
                                                  the close of the period for which the                                                                          month following the close of the taxable
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                                                  return is required to be filed. The                      § 1.6041–6T Returns made on Forms 1096                year.
                                                  annual return on Form 1065 required to                   and 1099 under section 6041; contents and               (ii) S corporations. The income tax
                                                  be filed by a religious or apostolic                     time and place for filing (temporary).                return required under section 6012 and
                                                  association or corporation shall be filed                   (a) In general. Except as provided in              6037 of an S corporation (as defined in
                                                  on or before the date prescribed by                      paragraph (b) of this section, returns                section 1361(a)(1)) shall be filed on or
                                                  section 6072(b). Each such return shall                  made under section 6041 on Forms 1096                 before the fifteenth day of the third
                                                  be filed in accordance with the                          and 1099 for any calendar year shall be               month following the close of the taxable
                                                  instructions applicable thereto.                         filed on or before February 28 (March 31              year.


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                                                  33446                Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Rules and Regulations

                                                     (2) Exception. For taxable years                        § 1.6081–1T Extension of time for filing              5(a)(1), the automatic extension of time
                                                  beginning before January 1, 2026, the                      returns (temporary).                                  to file allowed under this section runs
                                                  income tax return of a C corporation                          (a) In general. The Commissioner is                concurrently with an extension of time
                                                  described in paragraph (a)(1)(i) of this                   authorized to grant a reasonable                      to file granted pursuant to § 1.6081–5.
                                                  section that has a taxable year that ends                  extension of time for filing any return,                 (2) [Reserved]. For further guidance,
                                                  on June 30 shall be filed on or before the                 declaration, statement, or other                      see § 1.6081–2(a)(2).
                                                  fifteenth day of the third month                           document that relates to any tax                         (b) through (g) [Reserved]. For further
                                                  following the close of the taxable year.                   imposed by subtitle A of the Code and                 guidance, see § 1.6081–2(b) through (g).
                                                  For purposes of this paragraph (a)(2),                     that is required under the provisions of                 (h) Applicability date. This section
                                                  the return for a short period (within the                  subtitle A or F of the Code or the                    applies to applications for an automatic
                                                  meaning of section 443) that ends on                       regulations thereunder. However, other                extension of time to file the partnership
                                                  any day in June shall be treated as the                    than in the case of taxpayers who are                 returns listed in paragraph (a) of this
                                                  return for a taxable year that ends on                     abroad or as specified in section                     section on or after July 20, 2017. Section
                                                  June 30.                                                   6081(b), such extensions of time shall                1.6081–2 (as contained in 26 CFR part
                                                     (b) through (c) [Reserved]. For further                 not be granted for more than six months,              1, revised April 2017) applies to
                                                  guidance, see § 1.6072–2(b) and (c).                       and the extension of time for filing the              applications for an automatic extension
                                                                                                             return of a DISC (as defined in section               of time to file before July 20, 2017.
                                                     (d) introductory text [Reserved]. For                   992(a)), as specified in section 6072(b),                (i) Expiration date. The applicability
                                                  further guidance, see § 1.6072–2(d)                        shall not be granted. Except in the case              of this section will expire on or before
                                                  introductory text.                                         of an extension of time pursuant to                   July 17, 2020.
                                                     (1) Section 521 associations. A                         § 1.6081–5, an extension of time for                  ■ Par. 22. Revise the introductory text
                                                  farmers’, fruit growers’, or like                          filing an income tax return shall not                 of paragraph (a), redesignate paragraph
                                                  association, organized and operated in                     operate to extend the time for the                    (e) as paragraph (g), revise the heading
                                                  compliance with the requirements of                        payment of the tax unless specified to                of newly redesignated paragraph (g),
                                                  section 521 and § 1.521–1; and                             the contrary in the extension. For rules              and add paragraphs (e) and (f) to
                                                     (2) Section 1381 corporations. For a                    relating to extensions of time for paying             § 1.6081–3 to read as follows:
                                                  taxable year beginning after December                      tax, see § 1.6161–1.
                                                  31, 1962, a corporation described in                          (b) [Reserved]. For further guidance,              § 1.6081–3 Automatic extension of time for
                                                  section 1381(a)(2), which is under a                       see § 1.6081–1(b).                                    filing corporation income tax returns.
                                                  valid enforceable written obligation to                       (c) Applicability date. This section                 (a) introductory text [Reserved]. For
                                                  pay patronage dividends (as defined in                     applies to requests for extension of time             further guidance, see § 1.6081–3T(a)
                                                  section 1388(a) and paragraph (a) of                       to file returns on or after July 20, 2017.            introductory text.
                                                  § 1.1388–1) in an amount equal to at                       Section 1.6081–1 (as contained in 26
                                                                                                                                                                   *      *    *     *     *
                                                  least 50 percent of its net earnings from                  CFR part 1, revised April 2017) applies
                                                                                                                                                                     (e) [Reserved]. For further guidance,
                                                  business done with or for its patrons, or                  to requests for extension of time to file
                                                                                                                                                                   see § 1.6081–3T(e).
                                                  which paid patronage dividends in such                     returns before July 20, 2017.
                                                                                                                (d) Expiration date. The applicability               (f) [Reserved]. For further guidance,
                                                  an amount out of the net earnings from                                                                           see § 1.6081–3T(f).
                                                                                                             of this section will expire on or before
                                                  business done with or for patrons                                                                                  (g) Applicability dates. * * *
                                                                                                             July 17, 2020.
                                                  during the most recent taxable year for                                                                          ■ Par. 23. Add § 1.6081–3T to read as
                                                                                                             ■ Par. 20. Revise paragraph (a)(1) of
                                                  which it had such net earnings. Net                                                                              follows:
                                                  earnings for this purpose shall not be                     § 1.6081–2 to read as follows:
                                                  reduced by any taxes imposed by                            § 1.6081–2 Automatic extension of time to             § 1.6081–3T Automatic extension of time
                                                  Subtitle A of the Code and shall not be                    file certain returns filed by partnerships.           for filing corporation income tax returns
                                                  reduced by dividends paid on capital                                                                             (temporary).
                                                                                                               (a) * * * (1) [Reserved]. For further
                                                  stock or other proprietary interest.                       guidance, see § 1.6081–2T(a)(1).                         (a) In general. Except as provided in
                                                     (e) through (f) [Reserved]. For further                 *     *     *    *     *                              paragraphs (e) and (f) of this section, a
                                                  guidance, see § 1.6072–2(e) and (f).                                                                             corporation or an affiliated group of
                                                                                                             ■ Par. 21. Add § 1.6081–2T to read as
                                                                                                                                                                   corporations filing a consolidated return
                                                     (g) Applicability date. This section                    follows:                                              will be allowed an automatic 6-month
                                                  applies to returns filed on or after July                                                                        extension of time to file its income tax
                                                                                                             § 1.6081–2T Automatic extension of time
                                                  20, 2017. Section 1.6072–2 (as                             to file certain returns filed by partnerships         return after the date prescribed for filing
                                                  contained in 26 CFR part 1, revised                        (temporary).                                          the return if the following requirements
                                                  April 2017) applies to returns before                                                                            are met.
                                                                                                                (a) In general. (1) A partnership
                                                  July 20, 2017.                                                                                                      (1) through (4) [Reserved]. For further
                                                                                                             required to file Form 1065, ‘‘U.S.
                                                     (h) Expiration date. The applicability                  Partnership Return of Income,’’ or Form               guidance, see § 1.6081–3(a)(1) through
                                                  of this section will expire on or before                   8804, ‘‘Annual Return for Partnership                 (4).
                                                  July 17, 2020.                                             Withholding Tax,’’ for any taxable year                  (b) through (d) [Reserved]. For further
                                                  ■ Par. 18. Revise paragraph (a) of                         will be allowed an automatic six-month                guidance, see § 1.6081–3(b) through (d).
                                                  § 1.6081–1 to read as follows:                             extension of time to file the return after               (e) Exception. In the case of any return
                                                                                                             the date prescribed for filing the return             for a taxable year of a C corporation that
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                                                  § 1.6081–1       Extension of time for filing              if the partnership files an application               ends on June 30 and begins before
                                                  returns.                                                   under this section in accordance with                 January 1, 2026, the first sentence of
                                                    (a) [Reserved]. For further guidance,                    paragraph (b) of this section. No                     paragraph (a) of this section shall be
                                                  see § 1.6081–1T(a).                                        additional extension will be allowed                  applied by substituting ‘‘7-month’’ for
                                                                                                             pursuant to § 1.6081–1(b) beyond the                  ‘‘6-month.’’ For purposes of this
                                                  *     *    *     *     *
                                                                                                             automatic six-month extension provided                paragraph (e), the return for a short
                                                  ■ Par. 19. Add § 1.6081–1T to read as                      by this section. In the case of a                     period (within the meaning of section
                                                  follows:                                                   partnership described in § 1.6081–                    443) that ends on any day in June shall


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                                                                     Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Rules and Regulations                                           33447

                                                  be treated as the return for a taxable year              § 1.6081–6T Automatic extension of time               Tax,’’ Form 990–BL, ‘‘Information and
                                                  that ends on June 30.                                    to file estate or trust income tax return             Initial Excise Tax Return for Black Lung
                                                     (f) Cross reference. For provisions                   (temporary).                                          Benefit Trusts and Certain Related
                                                  relating to extensions of time to file                      (a) In general. (1) Except as provided             Persons,’’ Form 990–EZ, ‘‘Short Form
                                                  Form 1120–POL, ‘‘U.S. Income Tax                         in paragraph (a)(2) of this section, any              Return of Organization Exempt From
                                                  Return for Certain Political                             estate, including but not limited to an               Income Tax,’’ Form 990–PF, ‘‘Return of
                                                  Organizations,’’ see § 1.6081–9.                         estate defined in section 2031, or trust              Private Foundation,’’ and Form 990–T,
                                                     (g) Applicability date. This section                  required to file an income tax return on              ‘‘Exempt Organization Business Tax
                                                  applies to requests for extension of time                Form 1041, ‘‘U.S. Income Tax Return for               Return’’), Form 1041–A, ‘‘U.S.
                                                  to file corporation income tax returns on                Estates and Trusts,’’ will be allowed an              Information Return-Trust Accumulation
                                                  or after July 20, 2017. Section 1.6081–                  automatic five and one-half month                     of Charitable Amounts,’’ Form 1120–
                                                  3 (as contained in 26 CFR part 1, revised                extension of time to file the return after            POL, ‘‘U.S. Income Tax Return for
                                                  April 2017) applies to applications for                  the date prescribed for filing the return             Certain Political Organizations,’’ Form
                                                  an automatic extension of time to file                   if the estate or trust files an application           4720, ‘‘Return of Certain Excise Taxes
                                                  before July 20, 2017.                                    under this section in accordance with                 Under Chapters 41 and 42 of the
                                                     (h) Expiration date. The applicability                paragraph (b) of this section. No                     Internal Revenue Code,’’ Form 5227,
                                                  of this section will expire on or before                 additional extension will be allowed                  ‘‘Split-Interest Trust Information
                                                  July 17, 2020.                                           pursuant to § 1.6081–1(b) beyond the                  Return,’’ Form 6069, ‘‘Return of Excise
                                                  ■ Par. 24. Revise paragraph (a)(1) of                    automatic five and one-half month                     Tax on Excess Contributions to Black
                                                  § 1.6081–5 to read as follows:                           extension provided by this section.                   Lung Benefit Trust Under Section 4953
                                                                                                              (2) [Reserved]. For further guidance,              and Computation of Section 192
                                                  § 1.6081–5 Extensions of time in the case                see § 1.6081–6(a)(2).                                 Deduction,’’ and Form 8870,
                                                  of certain partnerships, corporations and                   (b) through (f) [Reserved]. For further            ‘‘Information Return for Transfers
                                                  U.S. citizens and residents.                             guidance, see § 1.6081–6(b) through (f).              Associated With Certain Personal
                                                    (a) * * *                                                 (g) Applicability date. This section               Benefit Contracts,’’ will be allowed an
                                                    (1) [Reserved]. For further guidance,                  applies to applications for an automatic              automatic six-month extension of time
                                                  see § 1.6081–5T(a)(1);                                   extension of time to file an estate or                to file the return after the date
                                                  *     *     *    *     *                                 trust income tax return on or after July              prescribed for filing if the entity files an
                                                                                                           20, 2017. Section 1.6081–6 (as                        application in accordance with
                                                  ■ Par. 25. Add § 1.6081–5T to read as
                                                                                                           contained in 26 CFR part 1, revised                   paragraph (b) of this section.
                                                  follows:                                                                                                          (b) introductory text [Reserved]. For
                                                                                                           April 2017) applies to applications for
                                                  § 1.6081–5T Extensions of time in the case               an automatic extension of time to file a              further guidance, see § 1.6081–9(b)
                                                  of certain partnerships, corporations and                return before July 20, 2017.                          introductory text.
                                                  U.S. citizens and residents (temporary).                    (h) Expiration date. The applicability                (1) Be submitted on Form 7004,
                                                     (a) introductory text [Reserved]. For                 of this section will expire on or before              ‘‘Application for Automatic Extension
                                                  further guidance, see § 1.6081–5(a)                      July 17, 2020.                                        of Time to File Certain Business Income
                                                  introductory text.                                                                                             Tax, Information, and Other Returns’’
                                                                                                           ■ Par. 28. Revise paragraphs (a), (b)(1)
                                                     (1) Partnerships, which are required                                                                        (in the case of an extension of time to
                                                                                                           and (3), (c), (d), and (e), of § 1.6081–9 to
                                                  under section 6072(b) to file returns on                                                                       file Form 1120–POL), Form 8868,
                                                                                                           read as follows:
                                                  the fifteenth day of the third month                                                                           ‘‘Application for Automatic Extension
                                                  following the close of the taxable year                  § 1.6081–9 Automatic extension of time to             of Time to File an Exempt Organization
                                                  of the partnership, that keep their                      file exempt or political organization returns.        Return’’ (in the case of an extension of
                                                  records and books of account outside                       (a) [Reserved]. For further guidance,               time to file any other return listed in
                                                  the United States and Puerto Rico;                       see § 1.6081–9T(a).                                   paragraph (a) of this section), or in any
                                                     (2) through (6) [Reserved]. For further                 (b) * * *                                           other manner as may be prescribed by
                                                  guidance, see § 1.6081–5(a)(2) through                     (1) [Reserved]. For further guidance,               the Commissioner;
                                                  (6).                                                     see § 1.6081–9T(b)(1);                                   (2) [Reserved]. For further guidance,
                                                     (b) through (e) [Reserved]. For further                                                                     see § 1.6081–9(b)(2);
                                                                                                           *     *     *    *     *                                 (3) Show the full amount properly
                                                  guidance, see § 1.6081–5(b) through (e).                   (3) [Reserved]. For further guidance,               estimated as tentative tax for the entity
                                                     (f) This section applies to returns filed             see § 1.6081–9T(b)(3); and                            for the taxable year; and
                                                  on or after July 20, 2017. Section                       *     *     *    *     *                                 (4) [Reserved]. For further guidance,
                                                  1.6081–5 (as contained in 26 CFR part                      (c) [Reserved]. For further guidance,               see § 1.6081–9(b)(4).
                                                  1, revised April 2017) applies to                        see § 1.6081–9T(c).                                      (c) Termination of automatic
                                                  applications for an automatic extension                    (d) [Reserved]. For further guidance,               extension. The Commissioner may
                                                  of time to file returns before July 20,                  see § 1.6081–9T(d).                                   terminate an automatic extension at any
                                                  2017.                                                      (e) [Reserved]. For further guidance,               time by mailing to the entity a notice of
                                                     (g) The applicability of this section                 see § 1.6081–9T(e).                                   termination. The notice must be mailed
                                                  will expire on or before July 17, 2020.                                                                        at least 10 days prior to the termination
                                                                                                           *     *     *    *     *
                                                  ■ Par. 26. Revise paragraph (a)(1) of                                                                          date designated in such notice. The
                                                                                                           ■ Par. 29. Add § 1.6081–9T to read as
                                                  § 1.6081–6 to read as follows:                                                                                 notice of termination must be mailed to
                                                                                                           follows:
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                                                  § 1.6081–6 Automatic extension of time to
                                                                                                                                                                 the address shown on the application
                                                  file estate or trust income tax return.
                                                                                                           § 1.6081–9T Automatic extension of time               for extension or to the entity’s last
                                                                                                           to file exempt or political organization              known address. For further guidance
                                                    (a) * * * (1) [Reserved]. For further                  returns (temporary).                                  regarding the definition of last known
                                                  guidance, see § 1.6081–6T(a)(1).                            (a) In general. An entity required to              address, see § 301.6212–2 of this
                                                  *     *     *    *     *                                 file a return on a form in the Form 990               chapter.
                                                  ■ Par. 27. Add § 1.6081–6T to read as                    series (Form 990, ‘‘Return of                            (d) Penalties. See sections 6651 and
                                                  follows:                                                 Organization Exempt From Income                       6652(c) for failure to file a return or


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                                                  33448              Federal Register / Vol. 82, No. 138 / Thursday, July 20, 2017 / Rules and Regulations

                                                  failure to pay the amount shown as tax                   Insurance Contributions Act taxes and                 ADDRESSES:   You may submit comments
                                                  on the return.                                           income tax withholding from wages),                   identified by docket number USCG–
                                                     (e) Coordination with § 1.6081–1. No                  the return which is required to be made               2017–0695 using Federal eRulemaking
                                                  extension of time will be granted under                  under § 31.6051–2 must be filed on or                 Portal at http://www.regulations.gov.
                                                  § 1.6081–1 for filing a return listed in                 before the last day of the first calendar               See the ‘‘Public Participation and
                                                  paragraph (a) of this section until an                   month following the period for which                  Request for Comments’’ portion of the
                                                  automatic extension has been allowed                     the final return is filed. The                        SUPPLEMENTARY INFORMATION section
                                                  pursuant to this section.                                requirements set forth in this paragraph              below for instructions on submitting
                                                     (f) Applicability date. This section                  (a)(3)(ii) do not apply to employers with             comments.
                                                  applies to requests for extensions of                    respect to employees whose wages are                  FOR FURTHER INFORMATION CONTACT:   If
                                                  time to file returns listed in paragraph                 for domestic service in the private home              you have questions on this temporary
                                                  (a) of this section on or after July 20,                 of the employer. See § 31.6011(a)–                    deviation, call or email Mr. Danny
                                                  2017. Sections 1.6081–3 and 1.6081–9                     1(a)(3).                                              McReynolds, Bridge Management
                                                  (as contained in 26 CFR part 1, revised                     (b) through (f) [Reserved]. For further            Specialist, Thirteenth Coast Guard
                                                  April 2017) apply to requests for                        guidance, see § 31.6071(a)–1(b) through               District; telephone 206–220–7234, email
                                                  extensions before July 20, 2017.                         (f).                                                  d13-pf-d13bridges@uscg.mil.
                                                     (g) Expiration date. The applicability                   (g) Applicability date. This section
                                                  of this section will expire on or before                                                                       SUPPLEMENTARY INFORMATION:
                                                                                                           applies to returns filed after July 20,
                                                  July 17, 2020.                                           2017. Section 31.6071(a)–1 (as                        I. Background, Purpose and Legal Basis
                                                                                                           contained in 26 CFR part 31, revised
                                                  PART 31—EMPLOYMENT TAXES AND                                                                                      Burlington Northern Santa Fe
                                                                                                           April 2017) applies to returns filed
                                                  COLLECTION OF INCOME TAX AT THE                                                                                Railroad, the bridge owner, is requesting
                                                                                                           before July 20, 2017.
                                                  SOURCE                                                      (h) Expiration date. The applicability             to test a deviation to the schedule of the
                                                                                                           of this section will expire on or before              Chambers Creek BNSF railroad vertical
                                                  ■ Par. 30. The authority citation for part                                                                     lift railroad bridge across Chambers
                                                                                                           July 17, 2020.
                                                  31 continues to read in part as follows:                                                                       Creek, mile 0.01, near Steilacoom in
                                                      Authority: 26 U.S.C. 7805 * * *                      Kirsten Wielobob,                                     Pierce County, WA. Due to minimal
                                                                                                           Deputy Commissioner for Services and                  usage of the drawbridge between 10
                                                  ■ Par. 31. Revise paragraph (a)(3) of                    Enforcement.                                          p.m. and 6 a.m., the bridge owner has
                                                  § 31.6071(a)–1 to read as follows:                                                                             requested to test this schedule to see if
                                                                                                             Approved: July 7, 2017.
                                                  § 31.6071(a)–1 Time for filing returns and               Tom West,                                             it better balances the needs of marine
                                                  other documents.                                         Tax Legislative Counsel.                              and rail traffic. The bridge has a vertical
                                                    (a) * * *                                              [FR Doc. 2017–15209 Filed 7–18–17; 4:15 pm]           clearance of 10ft in the closed-to-
                                                    (3) [Reserved]. For further guidance,                  BILLING CODE 4830–01–P
                                                                                                                                                                 navigation position and 50ft of vertical
                                                  see § 31.6071(a)–1T(a)(3).                                                                                     clearance in the open-to-navigation
                                                  *     *     *    *     *                                                                                       position (reference plane is MHW
                                                  ■ Par. 32. Add § 31.6071(a)–1T to read
                                                                                                                                                                 elevation of 12.2 feet). The bridge
                                                                                                           DEPARTMENT OF HOMELAND
                                                  as follows:                                                                                                    currently operates under 33 CFR 117.5;
                                                                                                           SECURITY
                                                                                                                                                                 which requires the bridge to open
                                                  § 31.6071(a)–1T Time for filing returns and              Coast Guard                                           anytime when a request or signal to
                                                  other documents (temporary).                                                                                   open is given.
                                                     (a) Federal Insurance Contributions                   33 CFR Part 117                                          The following facts support BNSF’s
                                                  Act and income tax withheld from                                                                               proposal: (1) The previous test deviation
                                                  wages and from nonpayroll payments.                      [Docket No. USCG–2017–0695]                           from December 12, 2016 to Jun 23, 2017
                                                  (1) through (2) [Reserved]. For further                                                                        had only one lift opening request (2)
                                                                                                           Drawbridge Operation Regulation;                      over the last 6 years only 2% of the
                                                  guidance, see § 31.6071(a)–1(a)(1) and
                                                                                                           Chambers Creek, Steilacoom, WA                        subject bridge lifts have occurred
                                                  (2).
                                                     (3) Information returns—(i) General                   AGENCY: Coast Guard, DHS.                             between the hours of 10 p.m. and 6 a.m.,
                                                  rule. Each information return in respect                 ACTION: Notice of temporary deviation                 which equates to approximately 5
                                                  of wages as defined in Federal Insurance                 from regulations; request for comments.               openings a year, (3) from February 2009
                                                  Contributions Act or of income tax                                                                             to June 2015 there were 1932 total
                                                  withheld from wages as required under                    SUMMARY:   The Coast Guard has issued a               openings of which only 40 occurred
                                                  § 31.6051–2 must be filed on or before                   temporary deviation from the operating                between the hours of 10 p.m. and 6 a.m.,
                                                  January 31 of the year following the                     schedule that governs the Chambers                    and (4) the navigation traffic consists
                                                  calendar year for which it is made,                      Creek Burlington Northern Santa Fe                    primarily of the tenants of Chambers
                                                  except that, if a tax return under                       (BNSF) railroad vertical lift railroad                Bay marina (recreational users) that are
                                                  § 31.6011(a)–5(a) is filed as a final                    bridge across Chambers Creek, mile                    members of the Chambers Bay Boating
                                                  return for a period ending prior to                      0.01, near Steilacoom in Pierce County,               Association.
                                                  December 31, the information return                      WA. This deviation will test a change to                 The Coast Guard is publishing this
                                                  must be filed on or before the last day                  the drawbridge operation schedule, for                temporary deviation, for a second time
                                                  of the first calendar month following the                the second time within the past year, to              within a year, to test the proposed
asabaliauskas on DSKBBXCHB2PROD with RULES




                                                  period for which the tax return is filed.                determine whether a permanent change                  schedule change to determine whether a
                                                     (ii) Expedited filing. If an employer                 to the schedule is appropriate.                       permanent change to the schedule is
                                                  who is required to make a return                         DATES: This deviation is effective from               appropriate to better balance the needs
                                                  pursuant to § 31.6011(a)–1 or                            6 a.m. on July 22, 2017 to 6 a.m. on                  of marine and rail traffic.
                                                  § 31.6011(a)–4 is required to make a                     January 16, 2018.                                        Under this temporary deviation, in
                                                  final return on Form 941, or a variation                   Comments and related material must                  effect from 6 a.m. on July 22, 2017 to 6
                                                  thereof, under § 31.6011(a)–6(a)(1)                      reach the Coast Guard on or before                    a.m. on January 15, 2017, the subject
                                                  (relating to the final return for Federal                January 16, 2018.                                     bridge shall open on signal, except from


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Document Created: 2017-07-20 06:58:09
Document Modified: 2017-07-20 06:58:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal and temporary regulations.
DatesEffective Date: These regulations are effective July 20, 2017.
ContactConcerning these temporary regulations, Jonathan R. Black, (202) 317-6845; concerning submissions of comments and/or requests for a hearing, Regina Johnson (202) 317- 6901 (not toll-free numbers).
FR Citation82 FR 33441 
RIN Number1545-BN13
CFR Citation26 CFR 1
26 CFR 31
CFR AssociatedIncome Taxes; Reporting and Recordkeeping Requirements; Employment Taxes; Penalties; Pensions; Railroad Retirement; Social Security and Unemployment Compensation

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