82 FR 48314 - Proposed Information Collection; Comment Request

DEPARTMENT OF THE TREASURY
Internal Revenue Service

Federal Register Volume 82, Issue 199 (October 17, 2017)

The Internal Revenue Service, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on continuing information collections, as required by the Paperwork Reduction Act of 1995.

[Federal Register Volume 82, Number 199 (Tuesday, October 17, 2017)]
[Notices]
[Pages 48314-48316]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22404]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service


Proposed Information Collection; Comment Request

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice and request for comments.

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SUMMARY: The Internal Revenue Service, as part of its continuing effort 
to reduce paperwork and respondent burden, invites the general public 
and other Federal agencies to take this opportunity to comment on 
continuing information collections, as required by the Paperwork 
Reduction Act of 1995.

DATES: Written comments should be received on or before December 18, 
2017 to be assured of consideration.

ADDRESSES: Direct all written comments to L. Brimmer, Internal Revenue 
Service, Room 6526, 1111 Constitution Avenue NW., Washington, DC 20224, 
or at [email protected].
    Please send separate comments for each specific information 
collection listed below. You must reference the information 
collection's title, form number, reporting or record-keeping 
requirement number, and OMB number (if any) in your comment. Requests 
for additional information, or copies of the information collection and 
instructions, or copies of any comments received, contact Elaine 
Christophe, at Internal Revenue Service, Room 6526, 1111 Constitution 
Avenue NW., Washington, DC 20224, or through the internet, at 
[email protected].

SUPPLEMENTARY INFORMATION: 
Request for Comments
    The Internal Revenue Service, as part of their continuing effort to 
reduce paperwork and respondent burden, invite the general public and 
other Federal agencies to take this opportunity to comment on these 
continuing information collections listed below in this notice, as 
required by the Paperwork Reduction Act of 1995.
    Request for Comments: Comments submitted in response to this notice 
will be summarized and/or included in our request for Office of 
Management and Budget (OMB) approval of the relevant information 
collection. All comments will become a matter of public record. Please 
do not include any confidential or inappropriate material in your 
comments. We invite comments on: (a) Whether the collection of 
information is necessary for the proper performance of the agency's 
functions, including whether the information has practical utility; (b) 
the accuracy of the agency's estimate of the burden of the collection 
of information; (c) ways to enhance the quality, utility, and clarity 
of the information to be collected; (d) ways to minimize the burden of 
the collection of information on respondents, including the use of 
automated collection techniques or other forms of information 
technology; and (e) estimates of capital or start-up costs and costs of 
operation, maintenance, and purchase of services to provide the 
requested information. The IRS is seeking comments concerning the 
following forms, and reporting and record-keeping requirements:
    1. Title: Request for Change in Plan/Trust Year.
    OMB Number: 1545-0201.
    Form Number: 5308.
    Abstract: Form 5308 is used to request permission to change the 
plan or trust year for a pension benefit plan. The information 
submitted is used in determining whether IRS should grant permission 
for the change.
    Current Actions: There are no changes being made to the form at 
this time.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Business or other for-profit organizations.
    Estimated Number of Respondents: 480.
    Estimated Time per Respondent: 42 minutes.
    Estimated Total Annual Burden Hours: 339.
    2. Title: Disclosure of Tax Return Information for Purposes of 
Quality or Peer Reviews, Disclosure of Tax Return Information Due to 
Incapacity or Death of Tax Return Preparer.
    OMB Number: 1545-1209.
    Regulation Project Number: TD 8383 (Final).
    Abstract: These regulations govern the circumstances under which 
tax return information may be disclosed for purposes of conducting 
quality or peer reviews, and disclosures that are necessary because of 
the tax return preparer's death or incapacity.
    Current Actions: There is no change to this existing regulation.
    Type of Review: Extension of currently approved collection.
    Affected Public: Business or other for-profit organizations.
    Estimated Number of Respondents: 250,000.
    Estimated Time per Respondent: 1 hour.
    Estimated Total Annual Burden Hours: 250,000.
    3. Title: Limitations on Credit or Refund.
    OMB Number: 1545-1649.
    Revenue Procedure Number: Revenue Procedure 99-21.
    Abstract: Generally, under section 6511(a), a taxpayer must file a 
claim for credit or refund of tax within three years after the date of 
filing a tax return or within two years after the date of payment of 
the tax, whichever period expires later. Under section 6511(h), the 
statute of limitations on claims for credit or refund is suspended for 
any period of an individual taxpayer's life during which the taxpayer 
is unable to manage his or her financial affairs because of a medically 
determinable mental or physical impairment, if the impairment can be 
expected to result in death, or has lasted (or can be expected to last) 
for a continuous period of not less than 12 months.

[[Page 48315]]

    Current Actions: There are no changes being made to the revenue 
procedure at this time.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Individuals or households.
    Estimated Number of Respondents: 48,200.
    Estimated Time per Respondent: 30 minutes.
    Estimated Total Annual Burden Hours: 24,100.
    4. Title: Discharge of Liens.
    OMB Number: 1545-0854.
    Regulation Project Number: T.D. 9410; Form 14497; Form 14498.
    Abstract: The Internal Revenue Service needs this information in 
processing a request to sell property subject to a tax lien to 
determine if the taxpayer has equity in the property. This information 
will be used to determine the amount, if any, to which the tax lien 
attaches.
    Current Actions: There is no change to this existing regulation. 
There is no change to Forms 14497 or 14498.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Individuals, business or other for-profit 
organizations, and farms.
    Estimated Number of Respondents: 500.
    Estimated Total Annual Burden Hours: 3,833.
    5. Title: Revision of Regulations Relating to Withholding of Tax on 
Certain U.S. Source Income Paid to Foreign Persons and Revision of 
Information Reporting Regulations.
    OMB Number: 1545-1484.
    Regulation Project Number: REG-242282-97 (TD 8881-final).
    Abstract: This regulation prescribes collections of information for 
foreign persons that received payments subject to withholding under 
sections 1441, 1442, 1443, or 6114 of the Internal Revenue Code. This 
information is used to claim foreign person status and, in appropriate 
cases, to claim residence in a country with which the United States has 
an income tax treaty in effect, so that withholding at a reduced rate 
of tax may be obtained at source. The regulation also prescribes 
collections of information for withholding agents. This information is 
used by withholding agents to report to the IRS income paid to a 
foreign person that is subject to withholding under Code sections 1441, 
1442, and 1443. The regulation also requires that a foreign taxpayer 
claiming a reduced amount of withholding tax under the provisions of an 
income tax treaty must disclose its reliance upon a treaty provision by 
filing Form 8833 with its U.S. income tax return. The burden for Form 
8833 is reported under 1545-1354.
    Current Actions: There is no change to this existing regulation.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Business or other for-profit organizations, 
individuals or households, not-for-profit institutions, farms, and 
Federal, state, local or tribal governments.
    The burden for the reporting requirements is reflected in the 
burden of Forms W-8BEN, W-8ECI, W-8EXP, W-8IMY, 1042, 1042S, 8233, 
8833, and the income tax return of a foreign person filed for purposes 
of claiming a refund of tax.
    6. Title: Private Foundation Disclosure Rules.
    OMB Number: 1545-1655.
    Regulation Project Number: T.D. 8861.
    Abstract: The regulations relate to the public disclosure 
requirements described in section 6104(d) of the Internal Revenue Code. 
These final regulations implement changes made by the Tax and Trade 
Relief Extension Act of 1998, which extended to private foundations the 
same rules regarding public disclosure of annual information returns 
that apply to other tax-exempt organizations. These final regulations 
provide guidance for private foundations required to make copies of 
applications for recognition of exemption and annual information return 
available for public inspection and to comply with requests for copies 
of those documents.
    Current Actions: There is no change to this existing regulation.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Not-for-profit institutions.
    Estimated Number of Respondents: 65,065.
    Estimated total annual reporting burden: 32,596 hours.
    7. Title: Revenue Procedure 2002-32, Waiver of 60-Month Bar on 
Reconsolidation after Disaffiliation; Revenue Procedure 2006-21, to 
Eliminate Impediments to E-Filing Consolidated Returns and Reduce 
Reporting Requirements.
    OMB Number: 1545-1784.
    Revenue Procedure Numbers: 2002-32.
    Abstract: Revenue Procedure 2002-32 provides qualifying taxpayers 
with a waiver of the general rule of Sec.  1504(a)(3)(A) of the 
Internal Revenue Code barring corporations from filing consolidated 
returns as a member of a group of which it had been a member for 60 
months following the year of disaffiliation; Revenue Procedure 2006-21 
modifies Rev. Proc. 89-56, 1989-2 C.B. 643, Rev. Proc. 90-39, 1990-2 
C.B. 365, and Rev. Proc. 2002-32, 2002-20 IRB p.959, to eliminate 
impediments to the electronic filing of Federal income tax returns (e-
filing) and to reduce the reporting requirements in each of these 
revenue procedures.
    Current Actions: There are no changes being made to these revenue 
procedures at this time.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Business or other for-profit organizations.
    Estimated number of respondents: 20.
    The estimated annual burden per respondent varies from 2 hours to 8 
hours, depending on individual circumstances, with an estimated average 
of 5 hours.
    Estimated total annual reporting burden: 100 hours.
    8. Title: Revision of Income Tax Regulations under Section 897, 
1445, and 6109 to require use of Taxpayer Identifying Numbers on 
Submission under the Section 897 and 1445 regulations.
    OMB Number: 1545-1797.
    Regulation Project Number: REG-106876-00 (TD 9082).
    Abstract: The collection of information relates to applications for 
withholding certificates under Treas. Reg-1.1445-3 to be filed with the 
IRS with respect to (1) dispositions of U.S. real property interests 
that have been used by foreign persons as a principal residence within 
the prior 5 years and excluded from gross income under section 121 and 
(2) dispositions of U.S. real property interests by foreign persons in 
deferred like kind exchanges that qualify for nonrecognition under 
section 1031.
    Current Actions: There are no changes to this existing regulation.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Individuals or households and Business or other 
for-profit.
    Estimated Number of Respondents: 150.
    Estimated Total Annual Reporting Burden: 600 hours.
    Estimated Average Annual Burden per Respondent: 4 hours.
    9. Title: Guidance Regarding Qualified Intellectual Property 
Contributions.
    OMB Number: 1545-1937.
    Notice Number: Notice 2005-41.
    Abstract: Notice 2005-41 explains new rules governing charitable 
contributions of intellectual property made after June 3, 2004. The 
notice explains the method by which a donor

[[Page 48316]]

of qualified intellectual property may notify the donee that the donor 
intends to treat the contribution as a qualified donation under section 
170(m). Donors of qualified intellectual property will use the required 
notification as evidence that they have satisfied the section 170(m) 
notification requirement.
    Current Actions: There are no changes being made to the notice at 
this time.
    Type of Review: Extension of currently approved collection.
    Affected Public: Business or other for-profit organizations.
    Estimated Number of Respondents: 30.
    Estimated Average Time per Respondent: 1 hour.
    Estimated Total Annual Burden Hours: 30.
    10. Title: Transfers by Domestic Corporations That Are Subject to 
Section 367(a)(5); Distributions by Domestic Corporations That Are 
Subject to Section 1248(f).
    OMB Number: 1545-2183.
    Regulation Project Number: TD 9614 and TD 9615.
    Abstract: Section 367(a)(5) now provides that a transfer of assets 
to a foreign corporation in an exchange described in section 361 is 
subject to section 367(a)(1), unless certain ownership requirements and 
other conditions are met. The regulations provide guidance regarding 
the application of this section.
    Current Actions: TD 9615 went final as TD 9760.
    Type of Review: Revision of a currently approved collection.
    Affected Public: Business or other for-profit organizations.
    Estimated Number of Respondents: 305.
    Estimated Time per Respondent: 10.69 hours.
    Estimated Total Annual Burden Hours: 3260.
    The following paragraph applies to all of the collections of 
information covered by this notice:
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless the collection of 
information displays a valid OMB control number. Books or records 
relating to a collection of information must be retained as long as 
their contents may become material in the administration of any 
internal revenue law. Generally, tax returns and tax return information 
are confidential, as required by 26 U.S.C. 6103.

    Approved: October 10, 2017.
L. Brimmer,
Senior Tax Analyst.
[FR Doc. 2017-22404 Filed 10-16-17; 8:45 am]
 BILLING CODE 4830-01-P