83_FR_25053 83 FR 24948 - Filing Requirements for Information Returns Required on Magnetic Media (Electronically)

83 FR 24948 - Filing Requirements for Information Returns Required on Magnetic Media (Electronically)

DEPARTMENT OF THE TREASURY
Internal Revenue Service

Federal Register Volume 83, Issue 105 (May 31, 2018)

Page Range24948-24950
FR Document2018-11749

This document contains proposed regulations amending the rules for determining whether information returns must be filed using magnetic media (electronically). The proposed regulations would require that all information returns, regardless of type, be taken into account to determine whether a person meets the 250-return threshold and, therefore, must file the information returns electronically. The proposed regulations also would require any person required to file information returns electronically to file corrected information returns electronically, regardless of the number of corrected information returns being filed. The proposed regulations will affect persons required to file information returns.

Federal Register, Volume 83 Issue 105 (Thursday, May 31, 2018)
[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)]
[Proposed Rules]
[Pages 24948-24950]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11749]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / 
Proposed Rules

[[Page 24948]]



DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 301

[REG-102951-16]
RIN 1545-BN36


Filing Requirements for Information Returns Required on Magnetic 
Media (Electronically)

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: This document contains proposed regulations amending the rules 
for determining whether information returns must be filed using 
magnetic media (electronically). The proposed regulations would require 
that all information returns, regardless of type, be taken into account 
to determine whether a person meets the 250-return threshold and, 
therefore, must file the information returns electronically. The 
proposed regulations also would require any person required to file 
information returns electronically to file corrected information 
returns electronically, regardless of the number of corrected 
information returns being filed. The proposed regulations will affect 
persons required to file information returns.

DATES: Written or electronic comments and requests for a public hearing 
must be received by July 30, 2018.

ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG-102951-16), Room 
5205, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, 
Washington, DC 20044. Submissions may be hand-delivered Monday through 
Friday between the hours of 8:00 a.m. and 4:00 p.m. to CC:PA:LPD:PR 
(REG-102951-16), Courier's Desk, Internal Revenue Service, 1111 
Constitution Avenue NW, Washington, DC 20224. Alternatively, persons 
may submit comments electronically via the Federal eRulemaking Portal 
at http://www.regulations.gov (IRS REG-102951-16).

FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, 
Michael Hara, (202) 317-6845; concerning the submission of comments and 
requests for a public hearing, Regina L. Johnson, (202) 317-5177 (not 
toll-free calls).

SUPPLEMENTARY INFORMATION: 

Background

    This document contains proposed amendments to the Regulations on 
Procedure and Administration (26 CFR part 301) under section 6011(e) 
relating to the filing of information returns on magnetic media. 
Section 6011(e) authorizes the Secretary to prescribe regulations 
regarding the filing of returns on magnetic media.
    Section 6011(e)(2)(A) prohibits the Secretary from requiring 
persons to file returns on magnetic media unless the person is required 
to file at least 250 returns during the calendar year. Section 
6011(e)(2)(B) provides that, in prescribing regulations, the Secretary 
shall consider the taxpayer's ability to comply at reasonable cost with 
the regulations' requirements. Section 301.6011-2(a)(1) provides that 
magnetic media includes any magnetic media permitted under the 
applicable regulations, revenue procedures, or publications, or, in the 
case of returns filed with the Social Security Administration, any 
magnetic media permitted under Social Security Administration 
publications, including electronic filing.
    Section 301.6011-2 provides rules for when information returns 
described in Sec.  301.6011-2(b), such as Form 1042-S, ``Foreign 
Person's U.S. Source Income Subject to Withholding;'' forms in the 1099 
series; and Form W-2, ``Wage and Tax Statement,'' must be filed 
electronically. Under Sec.  301.6011-2(c), a person is not required to 
file a type of information return covered by Sec.  301.6011-2(b) 
electronically unless the person is required to file 250 or more such 
returns during the calendar year. Sections 301.6011-2(c)(1)(i) and 
(iii) and the Examples in Sec.  301.6011-2(c)(1)(iv) describe that the 
250-return threshold applies separately to each type of information 
return and each type of corrected information return filed, and, 
therefore, the forms are not aggregated for purposes of determining 
whether the 250-return threshold is satisfied.
    Section 301.6011-2(c)(2) allows the Commissioner to waive the 
requirement to file electronically if the request for waiver 
demonstrates hardship and provides that the principal factor in 
determining hardship will be the extent, if any, to which the cost of 
electronic filing exceeds the cost of filing on other media.
    When the rules for determining the 250-return threshold, including 
the rule providing that each type of information return is counted 
separately and not aggregated, were originally published, electronic 
filing was in the early stages of development and was not as commonly 
used as it is today. The non-aggregation rule helped to reduce cost and 
ease burden on taxpayers, given the existing limits on technology and 
accessibility to such technology. Since then, significant advances in 
technology have made electronic filing more prevalent and accessible. 
As a result, electronic filing is less costly and most often easier 
than paper filing. In fact, most information returns are filed 
electronically. In tax year 2015, approximately 98 percent of 
information returns were filed electronically. In tax year 2016, the 
percentage of information returns filed electronically rose to 98.5 
percent. Advances in tax return preparation software, as well as the 
prevalence of tax return preparers and third-party service providers 
who offer information return preparation and electronic filing, have 
also contributed to the increase in electronic filing.
    The concerns regarding taxpayer burden and cost associated with 
electronic filing have been significantly mitigated since the non-
aggregation rule in Sec.  301.6011-2(c)(1)(i) and (iii) of the 
regulations was first published. Therefore, determining the 250-return 
threshold on a form-by-form basis without aggregation is no longer 
necessary to relieve taxpayer burden and cost. Accordingly, these 
regulations simplify the rules for determining the 250-return threshold 
by requiring aggregation of all information returns covered by Sec.  
301.6011-2(b) for purposes of determining the 250-return threshold. In 
addition, these regulations provide that corrected information returns 
must be filed electronically if the original information returns were 
filed electronically. These rule changes will help facilitate efficient 
and effective tax administration.

[[Page 24949]]

Explanation of Provisions

    These proposed regulations remove the non-aggregation rule in Sec.  
301.6011-2(c)(1)(iii) that counts the number of information returns 
required to be filed on a form-by-form basis. The proposed regulations 
add a new paragraph (4) to Sec.  301.6011-2(b) to provide that if 
during a calendar year a person is required to file a total of 250 or 
more information returns of any type covered by Sec.  301.6011-2(b), 
the person is required to file those information returns 
electronically. For example, under these proposed regulations, if a 
person is required to file 200 Forms 1099-INT, ``Interest Income,'' and 
200 Forms 1099-DIV, that person must file all Forms 1099-INT and Forms 
1099-DIV electronically because that person is required to file, in the 
aggregate, at least 250 information returns covered by Sec.  301.6011-
2(b). Corrected information returns are not taken into account in 
determining whether the 250-return threshold is met under proposed 
Sec.  301.6011-2(b)(4) for purposes of determining whether information 
returns covered by Sec.  301.6011-2(b) must be filed electronically. 
Examples in proposed Sec.  301.6011-2(c)(1)(iv) illustrate this rule.
    The proposed regulations also provide that corrected information 
returns covered by Sec.  301.6011-2(b) must be filed electronically if 
the information returns originally filed for the calendar year are 
required to be filed electronically. If fewer than 250 returns covered 
by Sec.  301.6011-2(b) are required to be filed for the calendar year, 
the original returns for the calendar year, as well as the corrected 
returns for the calendar year, are not required to be filed 
electronically. See proposed Sec.  301.6011-2(c)(1)(iv), Example 4.
    The proposed regulations also amend Sec.  301.6721-1(a)(2)(ii) 
regarding the penalty for failure to file correct information returns 
to remove references to the prior rule for determining the number of 
returns on a form-by-form basis and the prior corrected return rule.
    The proposed regulations do not amend the existing regulations 
allowing persons who are required to file returns electronically to 
request a waiver of the electronic-filing requirement. See Sec.  
301.6011-2(c)(2). This waiver authority will be exercised so as not to 
unduly burden taxpayers lacking the necessary data-processing 
capabilities or access to return preparers and third-party service 
providers at a reasonable cost.

Proposed Effective/Applicability Date

    These proposed regulations will be effective on the date of the 
publication of the Treasury Decision adopting these rules as final in 
the Federal Register. However, to give information-return filers 
sufficient time to comply with these regulations, these proposed 
regulations will not apply to information returns required to be filed 
before January 1, 2019. Accordingly, these proposed regulations provide 
that Sec. Sec.  301.6011-2(b)(4) and 301.6721-1(a)(2)(ii), as amended, 
will be effective for information returns required to be filed after 
December 31, 2018. Section 301.6011-2(b)(5), as amended, will be 
effective for corrected information returns filed after December 31, 
2018.

Special Analyses

    This regulation is not subject to review under section 6(b) of 
Executive Order 12866 pursuant to the Memorandum of Agreement (April 
11, 2018) between the Department of the Treasury and the Office of 
Management and Budget regarding review of tax regulations.
    When the Internal Revenue Service issues a proposed rulemaking 
imposing a collection of information requirement on small entities, the 
Regulatory Flexibility Act (RFA) requires the agency to ``prepare and 
make available for public comment an initial regulatory flexibility 
analysis,'' which will ``describe the impact of the proposed rule on 
small entities.'' 5 U.S.C. 603(a). Section 605(b) of the RFA allows an 
agency to certify a rule, in lieu of preparing an analysis, if the 
proposed rulemaking is not expected to have a significant economic 
impact on a substantial number of small entities.
    This proposed rule directly affects information-return filers that 
file more than 250 returns of any type covered by Sec.  301.6011-2(b), 
which includes a substantial number of small entities. However, the IRS 
has determined that the economic impact on small entities affected by 
the proposed rule would not be significant. Under sections 6011(e) and 
Sec.  301.6011-2(c)(1), information-return filers already must file 
information returns electronically if during a calendar year a person 
is required to file a total of 250 or more information returns of any 
type covered by Sec.  301.6011-2(b). The proposed rule merely amends 
the method of counting those 250 returns to determine if the 250-return 
threshold is met. Information filers may request a waiver of the 
electronic-filing requirement if they lack the necessary data-
processing capabilities or access to return preparers and third-party 
service providers at a reasonable cost, and the IRS routinely grants 
meritorious hardship waiver requests. Accordingly, the burden on the 
limited number of small entities that are not currently filing 
electronically will be slight, and small entities that would experience 
a hardship because of this proposed rule may seek a waiver. The 
Commissioner of the IRS hereby certifies that this rule will not have a 
significant economic impact on a substantial number of small entities. 
The IRS invites comment from members of the public who believe there 
will be a significant impact on small information return filers. 
Pursuant to section 7805(f) of the Code, this notice of proposed 
rulemaking has been submitted to the Chief Counsel for Advocacy of the 
Small Business Administration for comment on its impact on small 
business.

Comments and Requests for Public Hearing

    Before these proposed regulations are adopted as final regulations, 
consideration will be given to any electronic and written comments that 
are submitted timely to the IRS as prescribed in this preamble under 
the ADDRESSES heading. The Treasury Department and the IRS request 
comments on all aspects of the proposed rules. All comments will be 
available at www.regulations.gov or upon request. A public hearing will 
be scheduled if requested in writing by any person that timely submits 
written comments. If a public hearing is scheduled, then notice of the 
date, time, and place for the public hearing will be published in the 
Federal Register.

Drafting Information

    The principal author of these proposed regulations is Michael Hara 
of the Office of the Associate Chief Counsel (Procedure and 
Administration).

List of Subjects in 26 CFR Part 301

    Income taxes, Penalties, Reporting and recordkeeping requirements.

Proposed Amendments to the Regulations

    Accordingly, 26 CFR part 301 is proposed to be amended as follows:

PART 301--PROCEDURE AND ADMINISTRATION

0
Paragraph 1. The authority citation for part 301 is amended by adding a 
sectional authority for 301.6721-1 to read as follows:


[[Page 24950]]


    Authority: 26 U.S.C. 7805 * * *
* * * * *
    Section 301.6721-1 is also issued under 26 U.S.C. 6011(e).
* * * * *
0
Par. 2. Section 301.6011-2 is amended as follows:
0
a. Paragraphs (b)(4) through (6) are added.
0
b. Paragraphs (c)(1)(iii) and (iv) are removed.
0
c. Paragraph (g)(2) is revised.
    The additions and revisions read as follows:


Sec.  301.6011-2   Required use of magnetic media.

* * * * *
    (b) * * *
    (4) Aggregation of returns. For purposes of determining whether the 
number of returns a person is required to file meets the 250-return 
threshold under paragraph (c)(1)(i) of this section, all types of 
returns covered by paragraphs (b)(1) and (2) of this section required 
to be filed during the calendar year are aggregated. Corrected returns 
are not taken into account in determining whether the 250-return 
threshold is met.
    (5) Corrected returns. Any person required to file returns covered 
by paragraphs (b)(1) and (2) of this section on magnetic media for a 
calendar year must file corrected returns covered by paragraphs (b)(1) 
and (2) of this section for such calendar year on magnetic media.
    (6) Examples. The provisions of paragraphs (b)(4) and (5) of this 
section are illustrated by the following examples:

    Example 1. For the 2018 calendar year, Company W is required to 
file 200 Forms 1099-INT, ``Interest Income,'' and 200 Forms 1099-
DIV, ``Dividends and Distributions,'' for a total of 400 returns. 
Because Company W is required to file 250 or more returns covered by 
paragraphs (b)(1) and (2) of this section for the calendar year, 
Company W must file all Forms 1099-INT and Forms 1099-DIV 
electronically.
    Example 2. During the 2018 calendar year, Company X has 200 
employees in Puerto Rico and 75 employees in American Samoa, for a 
total of 275 returns. Because Company X is required to file 250 or 
more returns covered by paragraphs (b)(1) and (2) of this section 
for the calendar year, Company X must file Forms 499R-2/W-2PR, 
``Commonwealth of Puerto Rico Withholding Statement,'' and Forms W-
2AS, ``American Samoa Wage and Tax Statement,'' electronically.
    Example 3. For the 2018 calendar year, Company Y files 300 
original Forms 1099-MISC, ``Miscellaneous Income.'' Later, Company Y 
files 70 corrected Forms 1099-MISC for the 2018 calendar year. 
Because Company Y is required to file 250 or more returns covered by 
paragraphs (b)(1) and (2) of this section for the calendar year, 
Company Y must file its original 300 Forms 1099-MISC, as well as its 
70 corrected Forms 1099-MISC for the 2018 calendar year, 
electronically.
* * * * *
    (g) * * *
    (2) Paragraphs (a)(1), (b)(1) and (2), (c)(1)(i), (c)(2), (d), (e), 
and (f) of this section are effective for information returns required 
to be filed after December 31, 1996. For information returns required 
to be filed after December 31, 1989, and before January 1, 1997, see 
section 6011(e) [26 U.S.C. 6011(e)]. Paragraph (b)(4) of this section 
is effective for information returns required to be filed after 
December 31, 2018. Paragraph (b)(5) of this section is effective for 
corrected information returns filed after December 31, 2018.
* * * * *
0
Par. 3. Section 301.6721-1 is amended as follows:
0
a. By removing the fifth through seventh sentences in paragraph 
(a)(2)(ii).
0
b. Adding paragraph (h).
    The revisions and addition reads as follows:


Sec.  301.6721-1   Failure to file correct information returns.

* * * * *
    (h) Effective dates. Paragraph (a)(2)(ii) of this section is 
effective for information returns required to be filed after December 
31, 2018.

Kirsten Wielobob
Deputy Commissioner for Services and Enforcement.
[FR Doc. 2018-11749 Filed 5-30-18; 8:45 am]
 BILLING CODE 4830-01-P



                                                 24948

                                                 Proposed Rules                                                                                                Federal Register
                                                                                                                                                               Vol. 83, No. 105

                                                                                                                                                               Thursday, May 31, 2018



                                                 This section of the FEDERAL REGISTER                    FOR FURTHER INFORMATION CONTACT:                         Section 301.6011–2(c)(2) allows the
                                                 contains notices to the public of the proposed          Concerning the proposed regulations,                  Commissioner to waive the requirement
                                                 issuance of rules and regulations. The                  Michael Hara, (202) 317–6845;                         to file electronically if the request for
                                                 purpose of these notices is to give interested          concerning the submission of comments                 waiver demonstrates hardship and
                                                 persons an opportunity to participate in the            and requests for a public hearing,                    provides that the principal factor in
                                                 rule making prior to the adoption of the final
                                                 rules.
                                                                                                         Regina L. Johnson, (202) 317–5177 (not                determining hardship will be the extent,
                                                                                                         toll-free calls).                                     if any, to which the cost of electronic
                                                                                                         SUPPLEMENTARY INFORMATION:                            filing exceeds the cost of filing on other
                                                 DEPARTMENT OF THE TREASURY                                                                                    media.
                                                                                                         Background                                               When the rules for determining the
                                                 Internal Revenue Service                                   This document contains proposed                    250-return threshold, including the rule
                                                                                                         amendments to the Regulations on                      providing that each type of information
                                                 26 CFR Part 301                                         Procedure and Administration (26 CFR                  return is counted separately and not
                                                 [REG–102951–16]                                         part 301) under section 6011(e) relating              aggregated, were originally published,
                                                                                                         to the filing of information returns on               electronic filing was in the early stages
                                                 RIN 1545–BN36                                           magnetic media. Section 6011(e)                       of development and was not as
                                                                                                         authorizes the Secretary to prescribe                 commonly used as it is today. The non-
                                                 Filing Requirements for Information                     regulations regarding the filing of                   aggregation rule helped to reduce cost
                                                 Returns Required on Magnetic Media                      returns on magnetic media.                            and ease burden on taxpayers, given the
                                                 (Electronically)                                           Section 6011(e)(2)(A) prohibits the                existing limits on technology and
                                                 AGENCY: Internal Revenue Service (IRS),                 Secretary from requiring persons to file              accessibility to such technology. Since
                                                 Treasury.                                               returns on magnetic media unless the                  then, significant advances in technology
                                                 ACTION: Notice of proposed rulemaking.                  person is required to file at least 250               have made electronic filing more
                                                                                                         returns during the calendar year.                     prevalent and accessible. As a result,
                                                 SUMMARY:   This document contains                       Section 6011(e)(2)(B) provides that, in               electronic filing is less costly and most
                                                 proposed regulations amending the                       prescribing regulations, the Secretary                often easier than paper filing. In fact,
                                                 rules for determining whether                           shall consider the taxpayer’s ability to              most information returns are filed
                                                 information returns must be filed using                 comply at reasonable cost with the                    electronically. In tax year 2015,
                                                 magnetic media (electronically). The                    regulations’ requirements. Section                    approximately 98 percent of information
                                                 proposed regulations would require that                 301.6011–2(a)(1) provides that magnetic               returns were filed electronically. In tax
                                                 all information returns, regardless of                  media includes any magnetic media                     year 2016, the percentage of information
                                                 type, be taken into account to determine                permitted under the applicable                        returns filed electronically rose to 98.5
                                                 whether a person meets the 250-return                   regulations, revenue procedures, or                   percent. Advances in tax return
                                                 threshold and, therefore, must file the                 publications, or, in the case of returns              preparation software, as well as the
                                                 information returns electronically. The                 filed with the Social Security                        prevalence of tax return preparers and
                                                 proposed regulations also would require                 Administration, any magnetic media                    third-party service providers who offer
                                                 any person required to file information                 permitted under Social Security                       information return preparation and
                                                 returns electronically to file corrected                Administration publications, including                electronic filing, have also contributed
                                                 information returns electronically,                     electronic filing.                                    to the increase in electronic filing.
                                                 regardless of the number of corrected                      Section 301.6011–2 provides rules for                 The concerns regarding taxpayer
                                                 information returns being filed. The                    when information returns described in                 burden and cost associated with
                                                 proposed regulations will affect persons                § 301.6011–2(b), such as Form 1042–S,                 electronic filing have been significantly
                                                 required to file information returns.                   ‘‘Foreign Person’s U.S. Source Income                 mitigated since the non-aggregation rule
                                                 DATES: Written or electronic comments                   Subject to Withholding;’’ forms in the                in § 301.6011–2(c)(1)(i) and (iii) of the
                                                 and requests for a public hearing must                  1099 series; and Form W–2, ‘‘Wage and                 regulations was first published.
                                                 be received by July 30, 2018.                           Tax Statement,’’ must be filed                        Therefore, determining the 250-return
                                                 ADDRESSES: Send submissions to:                         electronically. Under § 301.6011–2(c), a              threshold on a form-by-form basis
                                                 CC:PA:LPD:PR (REG–102951–16), Room                      person is not required to file a type of              without aggregation is no longer
                                                 5205, Internal Revenue Service, P.O.                    information return covered by                         necessary to relieve taxpayer burden
                                                 Box 7604, Ben Franklin Station,                         § 301.6011–2(b) electronically unless                 and cost. Accordingly, these regulations
                                                 Washington, DC 20044. Submissions                       the person is required to file 250 or                 simplify the rules for determining the
                                                 may be hand-delivered Monday through                    more such returns during the calendar                 250-return threshold by requiring
                                                 Friday between the hours of 8:00 a.m.                   year. Sections 301.6011–2(c)(1)(i) and                aggregation of all information returns
                                                 and 4:00 p.m. to CC:PA:LPD:PR (REG–                     (iii) and the Examples in § 301.6011–                 covered by § 301.6011–2(b) for purposes
pmangrum on DSK30RV082PROD with PROPOSALS




                                                 102951–16), Courier’s Desk, Internal                    2(c)(1)(iv) describe that the 250-return              of determining the 250-return threshold.
                                                 Revenue Service, 1111 Constitution                      threshold applies separately to each                  In addition, these regulations provide
                                                 Avenue NW, Washington, DC 20224.                        type of information return and each type              that corrected information returns must
                                                 Alternatively, persons may submit                       of corrected information return filed,                be filed electronically if the original
                                                 comments electronically via the Federal                 and, therefore, the forms are not                     information returns were filed
                                                 eRulemaking Portal at http://                           aggregated for purposes of determining                electronically. These rule changes will
                                                 www.regulations.gov (IRS REG–102951–                    whether the 250-return threshold is                   help facilitate efficient and effective tax
                                                 16).                                                    satisfied.                                            administration.


                                            VerDate Sep<11>2014   14:59 May 30, 2018   Jkt 244001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\31MYP1.SGM   31MYP1


                                                                         Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Proposed Rules                                          24949

                                                 Explanation of Provisions                               Proposed Effective/Applicability Date                 and third-party service providers at a
                                                                                                            These proposed regulations will be                 reasonable cost, and the IRS routinely
                                                    These proposed regulations remove                                                                          grants meritorious hardship waiver
                                                 the non-aggregation rule in § 301.6011–                 effective on the date of the publication
                                                                                                         of the Treasury Decision adopting these               requests. Accordingly, the burden on
                                                 2(c)(1)(iii) that counts the number of                                                                        the limited number of small entities that
                                                 information returns required to be filed                rules as final in the Federal Register.
                                                                                                         However, to give information-return                   are not currently filing electronically
                                                 on a form-by-form basis. The proposed                                                                         will be slight, and small entities that
                                                 regulations add a new paragraph (4) to                  filers sufficient time to comply with
                                                                                                         these regulations, these proposed                     would experience a hardship because of
                                                 § 301.6011–2(b) to provide that if during                                                                     this proposed rule may seek a waiver.
                                                 a calendar year a person is required to                 regulations will not apply to
                                                                                                         information returns required to be filed              The Commissioner of the IRS hereby
                                                 file a total of 250 or more information                                                                       certifies that this rule will not have a
                                                 returns of any type covered by                          before January 1, 2019. Accordingly,
                                                                                                         these proposed regulations provide that               significant economic impact on a
                                                 § 301.6011–2(b), the person is required                                                                       substantial number of small entities.
                                                                                                         §§ 301.6011–2(b)(4) and 301.6721–
                                                 to file those information returns                                                                             The IRS invites comment from members
                                                                                                         1(a)(2)(ii), as amended, will be effective
                                                 electronically. For example, under these                                                                      of the public who believe there will be
                                                                                                         for information returns required to be
                                                 proposed regulations, if a person is                                                                          a significant impact on small
                                                                                                         filed after December 31, 2018. Section
                                                 required to file 200 Forms 1099–INT,                                                                          information return filers. Pursuant to
                                                                                                         301.6011–2(b)(5), as amended, will be
                                                 ‘‘Interest Income,’’ and 200 Forms 1099–                                                                      section 7805(f) of the Code, this notice
                                                                                                         effective for corrected information
                                                 DIV, that person must file all Forms                                                                          of proposed rulemaking has been
                                                                                                         returns filed after December 31, 2018.
                                                 1099–INT and Forms 1099–DIV                                                                                   submitted to the Chief Counsel for
                                                 electronically because that person is                   Special Analyses                                      Advocacy of the Small Business
                                                 required to file, in the aggregate, at least               This regulation is not subject to                  Administration for comment on its
                                                 250 information returns covered by                      review under section 6(b) of Executive                impact on small business.
                                                 § 301.6011–2(b). Corrected information                  Order 12866 pursuant to the                           Comments and Requests for Public
                                                 returns are not taken into account in                   Memorandum of Agreement (April 11,                    Hearing
                                                 determining whether the 250-return                      2018) between the Department of the
                                                 threshold is met under proposed                         Treasury and the Office of Management                   Before these proposed regulations are
                                                 § 301.6011–2(b)(4) for purposes of                      and Budget regarding review of tax                    adopted as final regulations,
                                                 determining whether information                         regulations.                                          consideration will be given to any
                                                 returns covered by § 301.6011–2(b) must                    When the Internal Revenue Service                  electronic and written comments that
                                                 be filed electronically. Examples in                    issues a proposed rulemaking imposing                 are submitted timely to the IRS as
                                                 proposed § 301.6011–2(c)(1)(iv)                         a collection of information requirement               prescribed in this preamble under the
                                                 illustrate this rule.                                   on small entities, the Regulatory                     ADDRESSES heading. The Treasury
                                                    The proposed regulations also provide                Flexibility Act (RFA) requires the                    Department and the IRS request
                                                 that corrected information returns                      agency to ‘‘prepare and make available                comments on all aspects of the proposed
                                                 covered by § 301.6011–2(b) must be                      for public comment an initial regulatory              rules. All comments will be available at
                                                 filed electronically if the information                 flexibility analysis,’’ which will                    www.regulations.gov or upon request. A
                                                 returns originally filed for the calendar               ‘‘describe the impact of the proposed                 public hearing will be scheduled if
                                                 year are required to be filed                           rule on small entities.’’ 5 U.S.C. 603(a).            requested in writing by any person that
                                                 electronically. If fewer than 250 returns               Section 605(b) of the RFA allows an                   timely submits written comments. If a
                                                 covered by § 301.6011–2(b) are required                 agency to certify a rule, in lieu of                  public hearing is scheduled, then notice
                                                 to be filed for the calendar year, the                  preparing an analysis, if the proposed                of the date, time, and place for the
                                                 original returns for the calendar year, as              rulemaking is not expected to have a                  public hearing will be published in the
                                                 well as the corrected returns for the                   significant economic impact on a                      Federal Register.
                                                 calendar year, are not required to be                   substantial number of small entities.                 Drafting Information
                                                 filed electronically. See proposed                         This proposed rule directly affects
                                                 § 301.6011–2(c)(1)(iv), Example 4.                      information-return filers that file more                The principal author of these
                                                                                                         than 250 returns of any type covered by               proposed regulations is Michael Hara of
                                                    The proposed regulations also amend                  § 301.6011–2(b), which includes a                     the Office of the Associate Chief
                                                 § 301.6721–1(a)(2)(ii) regarding the                    substantial number of small entities.                 Counsel (Procedure and
                                                 penalty for failure to file correct                     However, the IRS has determined that                  Administration).
                                                 information returns to remove                           the economic impact on small entities
                                                 references to the prior rule for                                                                              List of Subjects in 26 CFR Part 301
                                                                                                         affected by the proposed rule would not
                                                 determining the number of returns on a                  be significant. Under sections 6011(e)                  Income taxes, Penalties, Reporting
                                                 form-by-form basis and the prior                        and § 301.6011–2(c)(1), information-                  and recordkeeping requirements.
                                                 corrected return rule.                                  return filers already must file
                                                    The proposed regulations do not                      information returns electronically if                 Proposed Amendments to the
                                                 amend the existing regulations allowing                 during a calendar year a person is                    Regulations
                                                 persons who are required to file returns                required to file a total of 250 or more                 Accordingly, 26 CFR part 301 is
                                                 electronically to request a waiver of the               information returns of any type covered
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                                                                                                                                                               proposed to be amended as follows:
                                                 electronic-filing requirement. See                      by § 301.6011–2(b). The proposed rule
                                                 § 301.6011–2(c)(2). This waiver                         merely amends the method of counting                  PART 301—PROCEDURE AND
                                                 authority will be exercised so as not to                those 250 returns to determine if the                 ADMINISTRATION
                                                 unduly burden taxpayers lacking the                     250-return threshold is met. Information
                                                 necessary data-processing capabilities or               filers may request a waiver of the                    ■ Paragraph 1. The authority citation
                                                 access to return preparers and third-                   electronic-filing requirement if they lack            for part 301 is amended by adding a
                                                 party service providers at a reasonable                 the necessary data-processing                         sectional authority for 301.6721–1 to
                                                 cost.                                                   capabilities or access to return preparers            read as follows:


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                                                 24950                    Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Proposed Rules

                                                     Authority: 26 U.S.C. 7805 * * *                     returns covered by paragraphs (b)(1) and (2)          fireworks display on June 30, 2018. This
                                                 *      *     *       *      *                           of this section for the calendar year,                proposed rulemaking would prohibit
                                                   Section 301.6721–1 is also issued under 26            Company Y must file its original 300 Forms            persons and vessels from being in the
                                                 U.S.C. 6011(e).                                         1099–MISC, as well as its 70 corrected Forms          safety zone unless authorized by the
                                                                                                         1099–MISC for the 2018 calendar year,
                                                 *     *     *    *      *                               electronically.
                                                                                                                                                               Captain of the Port Hampton Roads or
                                                 ■ Par. 2. Section 301.6011–2 is                                                                               a designated representative. We invite
                                                                                                         *      *      *      *      *                         your comments on this proposed
                                                 amended as follows:
                                                 ■ a. Paragraphs (b)(4) through (6) are
                                                                                                            (g) * * *                                          rulemaking.
                                                                                                            (2) Paragraphs (a)(1), (b)(1) and (2),
                                                 added.
                                                                                                         (c)(1)(i), (c)(2), (d), (e), and (f) of this          DATES:  Comments and related material
                                                 ■ b. Paragraphs (c)(1)(iii) and (iv) are
                                                                                                         section are effective for information                 must be received by the Coast Guard on
                                                 removed.
                                                                                                         returns required to be filed after                    or before June 7, 2018.
                                                 ■ c. Paragraph (g)(2) is revised.
                                                   The additions and revisions read as                   December 31, 1996. For information                    ADDRESSES: You may submit comments
                                                 follows:                                                returns required to be filed after                    identified by docket number USCG–
                                                                                                         December 31, 1989, and before January                 2018–0330 using the Federal
                                                 § 301.6011–2     Required use of magnetic               1, 1997, see section 6011(e) [26 U.S.C.               eRulemaking Portal at http://
                                                 media.                                                  6011(e)]. Paragraph (b)(4) of this section            www.regulations.gov. See the ‘‘Public
                                                 *      *    *     *     *                               is effective for information returns                  Participation and Request for
                                                   (b) * * *                                             required to be filed after December 31,               Comments’’ portion of the
                                                   (4) Aggregation of returns. For                       2018. Paragraph (b)(5) of this section is             SUPPLEMENTARY INFORMATION section for
                                                 purposes of determining whether the                     effective for corrected information                   further instructions on submitting
                                                 number of returns a person is required                  returns filed after December 31, 2018.                comments.
                                                 to file meets the 250-return threshold                  *      *      *      *      *
                                                 under paragraph (c)(1)(i) of this section,              ■ Par. 3. Section 301.6721–1 is
                                                                                                                                                               FOR FURTHER INFORMATION CONTACT:   If
                                                 all types of returns covered by                         amended as follows:                                   you have questions about this proposed
                                                 paragraphs (b)(1) and (2) of this section               ■ a. By removing the fifth through
                                                                                                                                                               rulemaking, call or email LCDR Barbara
                                                 required to be filed during the calendar                seventh sentences in paragraph (a)(2)(ii).            Wilk, Waterways Management Division
                                                 year are aggregated. Corrected returns                  ■ b. Adding paragraph (h).
                                                                                                                                                               Chief, Sector Hampton Roads, U.S.
                                                 are not taken into account in                              The revisions and addition reads as                Coast Guard; telephone 757–668–5580,
                                                 determining whether the 250-return                      follows:                                              email HamptonRoadsWaterways@
                                                 threshold is met.                                                                                             uscg.mil.
                                                    (5) Corrected returns. Any person                    § 301.6721–1 Failure to file correct
                                                                                                         information returns.                                  SUPPLEMENTARY INFORMATION:
                                                 required to file returns covered by
                                                 paragraphs (b)(1) and (2) of this section               *      *     *    *      *                            I. Table of Abbreviations
                                                 on magnetic media for a calendar year                      (h) Effective dates. Paragraph (a)(2)(ii)          CFR Code of Federal Regulations
                                                 must file corrected returns covered by                  of this section is effective for                      COTP Captain of the Port
                                                 paragraphs (b)(1) and (2) of this section               information returns required to be filed              DHS Department of Homeland Security
                                                 for such calendar year on magnetic                      after December 31, 2018.                              FR Federal Register
                                                 media.                                                                                                        NPRM Notice of proposed rulemaking
                                                                                                         Kirsten Wielobob                                      § Section
                                                    (6) Examples. The provisions of                      Deputy Commissioner for Services and                  U.S.C. United States Code
                                                 paragraphs (b)(4) and (5) of this section               Enforcement.
                                                 are illustrated by the following                        [FR Doc. 2018–11749 Filed 5–30–18; 8:45 am]
                                                                                                                                                               II. Background, Purpose, and Legal
                                                 examples:                                                                                                     Basis
                                                                                                         BILLING CODE 4830–01–P
                                                    Example 1. For the 2018 calendar year,                                                                        On March 27, 2018, the Hopewell
                                                 Company W is required to file 200 Forms                                                                       Recreation and Parks Department
                                                 1099–INT, ‘‘Interest Income,’’ and 200 Forms
                                                 1099–DIV, ‘‘Dividends and Distributions,’’              DEPARTMENT OF HOMELAND                                notified the Coast Guard that it will be
                                                 for a total of 400 returns. Because Company             SECURITY                                              conducting a fireworks display from
                                                 W is required to file 250 or more returns                                                                     approximately 9:30 to 9:45 p.m. on June
                                                 covered by paragraphs (b)(1) and (2) of this            Coast Guard                                           30, 2018, to serve as the city of
                                                 section for the calendar year, Company W                                                                      Hopewell’s Fourth of July celebration.
                                                 must file all Forms 1099–INT and Forms                  33 CFR Part 165                                       The fireworks are to be launched from
                                                 1099–DIV electronically.                                                                                      a barge in the Appomattox River near
                                                                                                         [Docket Number USCG–2018–0330]
                                                    Example 2. During the 2018 calendar year,                                                                  City Point. Potential hazards from
                                                 Company X has 200 employees in Puerto                   RIN 1625–AA00                                         firework displays include accidental
                                                 Rico and 75 employees in American Samoa,
                                                 for a total of 275 returns. Because Company
                                                                                                                                                               discharge of fireworks, dangerous
                                                                                                         Safety Zone; Appomattox River,
                                                 X is required to file 250 or more returns                                                                     projectiles, and falling hot embers or
                                                                                                         Hopewell, VA
                                                 covered by paragraphs (b)(1) and (2) of this                                                                  other debris. The Captain of the Port
                                                 section for the calendar year, Company X                AGENCY:   Coast Guard, DHS.                           Hampton Roads (COTP) has determined
                                                 must file Forms 499R–2/W–2PR,                           ACTION:   Notice of proposed rulemaking.              that potential hazards associated with
                                                 ‘‘Commonwealth of Puerto Rico Withholding                                                                     the fireworks to be used in this display
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                                                 Statement,’’ and Forms W–2AS, ‘‘American                SUMMARY:   The Coast Guard proposes to                would be a safety concern for anyone
                                                 Samoa Wage and Tax Statement,’’                         establish a temporary safety zone for a               within a 234-yard radius of the barge.
                                                 electronically.                                         marine event on the navigable waters of               The purpose of this rulemaking is to
                                                    Example 3. For the 2018 calendar year,
                                                 Company Y files 300 original Forms 1099–
                                                                                                         the Appomattox River at confluence                    ensure the safety of vessels and the
                                                 MISC, ‘‘Miscellaneous Income.’’ Later,                  with the James River in Hopewell, VA.                 navigable waters within a 234-yard
                                                 Company Y files 70 corrected Forms 1099–                This action is necessary to provide for               radius of the fireworks barge before,
                                                 MISC for the 2018 calendar year. Because                the safety of life on these navigable                 during, and after the scheduled event.
                                                 Company Y is required to file 250 or more               waters in Hopewell, VA, during a                      The Coast Guard proposes this


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Document Created: 2018-05-31 00:49:06
Document Modified: 2018-05-31 00:49:06
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesWritten or electronic comments and requests for a public hearing must be received by July 30, 2018.
ContactConcerning the proposed regulations, Michael Hara, (202) 317-6845; concerning the submission of comments and requests for a public hearing, Regina L. Johnson, (202) 317-5177 (not toll-free calls).
FR Citation83 FR 24948 
RIN Number1545-BN36
CFR AssociatedIncome Taxes; Penalties and Reporting and Recordkeeping Requirements

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