83_FR_34013 83 FR 33875 - Tax Return Preparer Due Diligence Penalty Under Section 6695(g)

83 FR 33875 - Tax Return Preparer Due Diligence Penalty Under Section 6695(g)

DEPARTMENT OF THE TREASURY
Internal Revenue Service

Federal Register Volume 83, Issue 138 (July 18, 2018)

Page Range33875-33879
FR Document2018-15351

This document contains proposed regulations that amend portions of previously proposed regulations related to the tax return preparer penalty under section 6695(g) of the Internal Revenue Code (Code). These amendments to the previously proposed regulations are necessary to implement a recent law change that expands the scope of the tax return preparer due diligence penalty under section 6695(g) so that it applies with respect to eligibility to file a return or claim for refund as head of household. The proposed regulations affect tax return preparers.

Federal Register, Volume 83 Issue 138 (Wednesday, July 18, 2018)
[Federal Register Volume 83, Number 138 (Wednesday, July 18, 2018)]
[Proposed Rules]
[Pages 33875-33879]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15351]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[REG-103474-18]
RIN 1545-BO63


Tax Return Preparer Due Diligence Penalty Under Section 6695(g)

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of proposed rulemaking, partial withdrawal of notice of 
proposed rulemaking.

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SUMMARY: This document contains proposed regulations that amend 
portions of previously proposed regulations related to the tax return 
preparer penalty under section 6695(g) of the Internal Revenue Code 
(Code). These amendments to the previously proposed regulations are 
necessary to implement a recent law change that expands the scope of 
the tax return preparer due diligence penalty under section 6695(g) so 
that it applies with respect to eligibility to file a return or claim 
for refund as head of household. The proposed regulations affect tax 
return preparers.

DATES: Written or electronic comments and requests for a public hearing 
must be received by August 17, 2018.

ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG-103474-18), Room 
5207, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, 
Washington, DC 20044. Submissions may be hand delivered Monday through

[[Page 33876]]

Friday between the hours of 8 a.m. and 4 p.m. to: CC:PA:LPD:PR (REG-
103474-18), Courier's Desk, Internal Revenue Service, 1111 Constitution 
Avenue NW, Washington, DC 20224, or sent electronically, via the 
Federal eRulemaking Portal at www.regulations.gov (IRS REG-103474-18).

FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, 
Marshall French, 202-317-6845; concerning submissions of comments and 
requests for a public hearing, Regina Johnson, 202-317-6901 (not toll-
free numbers).

Paperwork Reduction Act

    The collection of information in current Sec.  1.6695-2 was 
previously reviewed and approved under control number 1545-1570. 
Control number 1545-1570 was discontinued in 2014, as the burden for 
the collection of information contained in Sec.  1.6695-2 is reflected 
in the burden for Form 8867, ``Paid Preparer's Due Diligence 
Checklist,'' under control number 1545-1629.

SUPPLEMENTARY INFORMATION: 

Background

    This document contains proposed amendments to the Income Tax 
Regulations (26 CFR part 1) under section 6695(g) of the Code regarding 
the tax return preparer due diligence requirements.
    Prior to 2016, section 6695(g) imposed a penalty on tax return 
preparers who fail to comply with due diligence requirements set forth 
in regulations prescribed by the Secretary with respect to determining 
eligibility for, or the amount of, the earned income credit (EIC). For 
tax years beginning after December 31, 2015, the scope of section 
6695(g) was expanded to apply the penalty to tax return preparers who 
fail to comply with due diligence requirements with respect to 
determining eligibility for, or the amount of, the child tax credit 
(CTC)/additional child tax credit (ACTC) and the American opportunity 
tax credit (AOTC). See section 207 of the Protecting Americans from Tax 
Hikes Act of 2015, Div. Q of Public Law 114-113 (129 Stat. 2242, 3082 
(2015)) (PATH Act). On December 5, 2016, final and temporary 
regulations (TD 9799, 81 FR 87444) with cross-referencing proposed 
regulations (REG-102952-16, 81 FR 87502) (2016 proposed regulations) 
were published in the Federal Register to reflect these changes.
    Effective for tax years beginning after December 31, 2017, section 
6695(g) was amended to further expand the scope of the penalty to tax 
return preparers who fail to comply with due diligence requirements 
with respect to determining eligibility to file as head of household 
(as defined in section 2(b)). See section 11001(b) of ``An Act to 
provide for reconciliation pursuant to titles II and V of the 
concurrent resolution on the budget for fiscal year 2018,'' Public Law 
115-97 (131 Stat. 2054, 2058 (2017)) (Act). This document contains 
proposed regulations to reflect this change.

Explanation of Provisions

    The proposed regulations contained in this document withdraw 
paragraphs (a), (b)(3), and (e) of Sec.  1.6695-2 of the 2016 proposed 
regulations and propose in their place new paragraphs (a), (b)(3), and 
(e) of Sec.  1.6695-2 (amended paragraphs). The amended paragraphs 
update the 2016 proposed regulations to reflect the recent change in 
the law that expands the tax return preparer due diligence requirements 
under section 6695(g) to apply to determining eligibility to file as 
head of household. Accordingly, the proposed regulations contained in 
this document amend paragraphs (a) and (b)(3) of Sec.  1.6695-2 of the 
2016 proposed regulations by adding a reference to determining 
eligibility to file as head of household where reference is made to 
determining eligibility for, or the amount of, the EIC, the CTC/ACTC 
and/or the AOTC. In addition, Example 5 in paragraph (b)(3)(ii) of 
Sec.  1.6695-2 of the 2016 proposed regulations is revised to 
demonstrate how head of household due diligence requirements are 
intertwined with the rules for determining a taxpayer's eligibility for 
the CTC.
    A new example is also added to Sec.  1.6695-2(a)(2) to illustrate 
how the penalty applies if there is a failure to satisfy the due 
diligence requirements with respect to determining eligibility to file 
as head of household in addition to a failure to satisfy the due 
diligence requirements with respect to one of the applicable credits. 
As explained in the preamble of the 2016 temporary regulations, the 
preparation of one return or claim for refund may result in the 
imposition of more than one penalty under section 6695(g). That is 
because under section 6695(g), each failure to comply with the due 
diligence requirements set forth in regulations prescribed by the 
Secretary results in a separate penalty. To illustrate this point, a 
new example, Example 3, is added to proposed Sec.  1.6695-2(a)(2) 
contained in this document.
    The applicability date in Sec.  1.6695-2(e) is also updated to 
reflect the effective date of the addition of determining eligibility 
to file as head of household to the due diligence requirements. 
Accordingly, proposed Sec.  1.6695-2(e) contained in this document 
provides that Sec.  1.6695-2 applies to tax returns and claims for 
refund for taxable years beginning after December 31, 2015, that are 
prepared on or after the date of publication of the Treasury decision 
adopting the proposed rules as final regulations in the Federal 
Register. However, the rules relating to the determination of a 
taxpayer's eligibility to file as head of household under section 2(b) 
apply to tax returns and claims for refund for taxable years beginning 
after December 31, 2017, that are prepared on or after the date of 
publication of the Treasury decision adopting the proposed rules as 
final regulations in the Federal Register.
    As part of satisfying the due diligence requirements, the 
regulations under Sec.  1.6695-2 require tax return preparers to 
complete the Form 8867, ``Paid Preparer's Due Diligence Checklist,'' 
and, in most cases, attach it to the relevant return or claim for 
refund as part of satisfying the section 6695(g) due diligence 
requirements. The Form 8867 underwent significant revisions for the 
2016 tax year and is currently a single checklist to be used for all 
applicable credits (namely, the EIC, the CTC/ACTC, and the AOTC) on the 
return or claim for refund subject to the section 6695(g) due diligence 
requirements. It is anticipated that the IRS will revise the Form 8867 
to include the head of household filing status in time for the 2019 
filing season.

Proposed Applicability Dates

    Proposed Sec.  1.6695-2(e) provides that the rules in this notice 
of proposed rulemaking with respect to determining eligibility to file 
as head of household under section 2(b) will apply to tax returns and 
claims for refund for taxable years beginning after December 31, 2017, 
that are prepared on or after the date the final regulations are 
published in the Federal Register.

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. Under the 
Regulatory Flexibility Act (RFA) (5 U.S.C. chapter 6), it is hereby 
certified that these proposed rules, if adopted, would not

[[Page 33877]]

have a significant economic impact on a substantial number of small 
entities. When an agency issues a notice of proposed rulemaking, the 
RFA requires the agency to ``prepare and make available for public 
comment an initial regulatory flexibility analysis'' that will 
``describe the impact of the proposed rule on small entities.'' (5 
U.S.C. 603(a)). Section 605 of the RFA provides an exception to this 
requirement if the agency certifies that the proposed rulemaking will 
not have a significant economic impact on a substantial number of small 
entities.
    The proposed rules affect paid tax return preparers who determine a 
taxpayer is eligible to file as head of household, in addition to those 
tax return preparers who determine eligibility for, or the amount of, 
the EIC, the CTC/ACTC, and/or the AOTC. The North American Industry 
Classification System (NAICS) code that relates to tax return 
preparation services (NAICS code 541213) is the appropriate code for 
tax return preparers subject to this notice of proposed rulemaking. 
Entities identified as tax return preparation services are considered 
small under the Small Business Administration size standards (13 CFR 
121.201) if their annual revenue is less than $20.5 million. The IRS 
estimates that approximately 75 to 85 percent of the 505,000 persons 
who work at firms or are self-employed tax return preparers are 
operating as or employed by small entities. The IRS has therefore 
determined that these proposed rules will have an impact on a 
substantial number of small entities.
    The IRS has further determined, however, that the economic impact 
on entities affected by the proposed rules will not be significant. The 
current final and temporary regulations under section 6695(g) already 
require tax return preparers to complete the Form 8867 when a return or 
claim for refund includes a claim of the EIC, the CTC/ACTC, and/or the 
AOTC. Tax return preparers also must currently maintain records of the 
checklists and computations, as well as a record of how and when the 
information used to compute the credits was obtained by the tax return 
preparer. The information needed to document a taxpayer's eligibility 
to file as head of household is information the preparer must gather to 
file the return. Even if certain preparers are required to maintain the 
checklists and complete Form 8867 for the first time, the IRS estimates 
that the total time required should be minimal for these tax return 
preparers. Further, the IRS does not expect that the requirements in 
these proposed regulations would necessitate the purchase of additional 
software or equipment in order to meet the additional information 
retention requirements.
    Based on these facts, the IRS hereby certifies that the collection 
of information contained in this notice of proposed rulemaking will not 
have a significant economic impact on a substantial number of small 
entities. Accordingly, a Regulatory Flexibility Analysis is not 
required.
    Pursuant to section 7805(f) of the Internal Revenue Code, this 
notice of proposed rulemaking has been submitted to the Chief Counsel 
for Advocacy of the Small Business Administration for comment on the 
impact on small business.

Comments and Requests for Public Hearing

    Before these proposed regulations are adopted as final regulations, 
consideration will be given to any written and electronic comments that 
are timely submitted 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, 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 regulations is Rachel Gregory of the 
Office of the Associate Chief Counsel (Procedure and Administration).

List of Subjects in 26 CFR Part 1

    Income taxes, Reporting and recordkeeping requirements.

Partial Withdrawal of a Notice of Proposed Rulemaking

    Accordingly, under the authority of 26 U.S.C. 7805, Sec.  1.6695-
2(a), (b)(3), and (e) of the notice of proposed rulemaking (REG-102952-
16) published in the Federal Register on December 5, 2016 (81 FR 87502) 
are withdrawn.

Proposed Amendments to the Regulations

    Accordingly, 26 CFR part 1 is proposed to be 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. Section 1.6695-2 is amended by revising the section heading and 
paragraphs (a), (b)(3), and (e) to read as follows:


Sec.  1.6695-2  Tax return preparer due diligence requirements for 
certain returns and claims.

    (a) Penalty for failure to meet due diligence requirements--(1) In 
general. A person who is a tax return preparer (as defined in section 
7701(a)(36)) of a tax return or claim for refund under the Internal 
Revenue Code who determines the taxpayer's eligibility to file as head 
of household under section 2(b), or who determines the taxpayer's 
eligibility for, or the amount of, the child tax credit (CTC)/
additional child tax credit (ACTC) under section 24, the American 
opportunity tax credit (AOTC) under section 25A(i), or the earned 
income credit (EIC) under section 32, and who fails to satisfy the due 
diligence requirements of paragraph (b) of this section will be subject 
to a penalty as prescribed in section 6695(g) (indexed for inflation 
under section 6695(h)) for each failure. A separate penalty applies to 
a tax return preparer with respect to the head of household filing 
status determination and to each applicable credit claimed on a return 
or claim for refund for which the due diligence requirements of this 
section are not satisfied and for which the exception to penalty 
provided by paragraph (d) of this section does not apply.
    (2) Examples. The provisions of paragraph (a)(1) of this section 
are illustrated by the following examples:


    Example 1. Preparer A prepares a federal income tax return for a 
taxpayer claiming the CTC and the AOTC. Preparer A did not meet the 
due diligence requirements under this section with respect to the 
CTC or the AOTC claimed on the taxpayer's return. Unless the 
exception to penalty provided by paragraph (d) of this section 
applies, Preparer A is subject to two penalties under section 
6695(g): One for failure to meet the due diligence requirements for 
the CTC and a second penalty for failure to meet the due diligence 
requirements for the AOTC.

    Example 2. Preparer B prepares a federal income tax return for a 
taxpayer claiming the CTC and the AOTC. Preparer B did not meet the 
due diligence requirements under this section with respect to the 
CTC claimed on the taxpayer's return, but Preparer B did meet the 
due diligence requirements under this section with respect to the 
AOTC claimed on the taxpayer's return. Unless the exception to 
penalty provided by paragraph (d) of this section applies, Preparer 
B is subject to one penalty under section 6695(g) for the failure to 
meet the due diligence requirements for the CTC. Preparer B is not

[[Page 33878]]

subject to a penalty under section 6695(g) for failure to meet the 
due diligence requirements for the AOTC.

    Example 3. Preparer C prepares a federal income tax return for a 
taxpayer using the head of household filing status and claiming the 
CTC and the AOTC. Preparer C did not meet the due diligence 
requirements under this section with respect to the head of 
household filing status and the CTC claimed on the taxpayer's 
return. Preparer C did meet the due diligence requirements under 
this section with respect to the AOTC claimed on the taxpayer's 
return. Unless the exception to penalty provided by paragraph (d) of 
this section applies, Preparer C is subject to two penalties under 
section 6695(g) for the failure to meet the due diligence 
requirements: One for the head of household filing status and one 
for the CTC. Preparer C is not subject to a penalty under section 
6695(g) for failure to meet the due diligence requirements for the 
AOTC.

    (b) * * *
    (3) Knowledge--(i) In general. The tax return preparer must not 
know, or have reason to know, that any information used by the tax 
return preparer in determining the taxpayer's eligibility to file as 
head of household or in determining the taxpayer's eligibility for, or 
the amount of, any credit described in paragraph (a) of this section 
and claimed on the return or claim for refund is incorrect. The tax 
return preparer may not ignore the implications of information 
furnished to, or known by, the tax return preparer, and must make 
reasonable inquiries if a reasonable and well-informed tax return 
preparer knowledgeable in the law would conclude that the information 
furnished to the tax return preparer appears to be incorrect, 
inconsistent, or incomplete. The tax return preparer must also 
contemporaneously document in the preparer's paper or electronic files 
any inquiries made and the responses to those inquiries.
    (ii) Examples. The provisions of paragraph (b)(3)(i) of this 
section are illustrated by the following examples:


    Example 1. In 2018, Q, a 22 year-old taxpayer, engages Preparer 
C to prepare Q's 2017 federal income tax return. Q completes 
Preparer C's standard intake questionnaire and states that she has 
never been married and has two sons, ages 10 and 11. Based on the 
intake sheet and other information that Q provides, including 
information that shows that the boys lived with Q throughout 2017, 
Preparer C believes that Q may be eligible to claim each boy as a 
qualifying child for purposes of the EIC and the CTC. However, Q 
provides no information to Preparer C, and Preparer C does not have 
any information from other sources, to verify the relationship 
between Q and the boys. To meet the knowledge requirement in 
paragraph (b)(3) of this section, Preparer C must make reasonable 
inquiries to determine whether each boy is a qualifying child of Q 
for purposes of the EIC and the CTC, including reasonable inquiries 
to verify Q's relationship to the boys, and Preparer C must 
contemporaneously document these inquiries and the responses.

    Example 2. Assume the same facts as in Example 1 of this 
paragraph (b)(3)(ii). In addition, as part of preparing Q's 2017 
federal income tax return, Preparer C made sufficient reasonable 
inquiries to verify that the boys were Q's legally adopted children. 
In 2019, Q engages Preparer C to prepare her 2018 federal income tax 
return. When preparing Q's 2018 federal income tax return, Preparer 
C is not required to make additional inquiries to determine the boys 
relationship to Q for purposes of the knowledge requirement in 
paragraph (b)(3) of this section.

    Example 3. In 2018, R, an 18 year-old taxpayer, engages Preparer 
D to prepare R's 2017 federal income tax return. R completes 
Preparer D's standard intake questionnaire and states that she has 
never been married, has one child, an infant, and that she and her 
infant lived with R's parents during part of the 2017 tax year. R 
also provides Preparer D with a Form W-2 showing that she earned 
$10,000 during 2017. R provides no other documents or information 
showing that R earned any other income during the tax year. Based on 
the intake sheet and other information that R provides, Preparer D 
believes that R may be eligible to claim the infant as a qualifying 
child for the EIC and the CTC. To meet the knowledge requirement in 
paragraph (b)(3) of this section, Preparer D must make reasonable 
inquiries to determine whether R is eligible to claim these credits, 
including reasonable inquiries to verify that R is not a qualifying 
child of her parents (which would make R ineligible to claim the 
EIC) or a dependent of her parents (which would make R ineligible to 
claim the CTC), and Preparer D must contemporaneously document these 
inquiries and the responses.

    Example 4. The facts are the same as the facts in Example 3 of 
this paragraph (b)(3)(ii). In addition, Preparer D previously 
prepared the 2017 joint federal income tax return for R's parents. 
Based on information provided by R's parents, Preparer D has 
determined that R is not eligible to be claimed as a dependent or as 
a qualifying child for purposes of the EIC or CTC on R's parents' 
return. Therefore, for purposes of the knowledge requirement in 
paragraph (b)(3) of this section, Preparer D is not required to make 
additional inquiries to determine that R is not her parents' 
qualifying child or dependent.

    Example 5. In 2019, S engages Preparer E to prepare his 2018 
federal income tax return. During Preparer E's standard intake 
interview, S states that he has never been married and that his 
niece and nephew lived with him for part of the 2018 taxable year. 
Preparer E believes S may be eligible to file as head of household 
and claim each of these children as a qualifying child for purposes 
of the EIC and the CTC. To meet the knowledge requirement in 
paragraph (b)(3) of this section, Preparer E must make reasonable 
inquiries to determine whether S is eligible to file as head of 
household and whether each child is a qualifying child for purposes 
of the EIC and the CTC, including reasonable inquiries about the 
children's residency, S's relationship to the children, the 
children's income, the sources of support for the children, and S's 
contribution to the payment of costs related to operating the 
household, and preparer E must contemporaneously document these 
inquiries and the responses.

    Example 6. W engages Preparer F to prepare her federal income 
tax return. During Preparer F's standard intake interview, W states 
that she is 50 years old, has never been married, and has no 
children. W further states to Preparer F that during the tax year 
she was self-employed, earned $10,000 from her business, and had no 
business expenses or other income. Preparer F believes W may be 
eligible for the EIC. To meet the knowledge requirement in paragraph 
(b)(3) of this section, Preparer F must make reasonable inquiries to 
determine whether W is eligible for the EIC, including reasonable 
inquiries to determine whether W's business income and expenses are 
correct, and Preparer F must contemporaneously document these 
inquiries and the responses.

    Example 7. Y, who is 32 years old, engages Preparer G to prepare 
his federal income tax return. Y completes Preparer G's standard 
intake questionnaire and states that he has never been married. As 
part of Preparer G's client intake process, Y provides Preparer G 
with a copy of the Form 1098-T Y received showing that University M 
billed $4,000 of qualified tuition and related expenses for Y's 
enrollment or attendance at the university and that Y was at least a 
half-time undergraduate student. Preparer G believes that Y may be 
eligible for the AOTC. To meet the knowledge requirements in 
paragraph (b)(3) of this section, Preparer G must make reasonable 
inquiries to determine whether Y is eligible for the AOTC, as Form 
1098-T does not contain all the information needed to determine 
eligibility for the AOTC or to calculate the amount of the credit if 
Y is eligible, and contemporaneously document these inquiries and 
the responses.
* * * * *
    (e) Applicability date. The rules of this section apply to tax 
returns and claims for refund for taxable years beginning after 
December 31, 2015, that are prepared on or after the date of 
publication of the Treasury decision adopting these rules as final 
regulations in the Federal Register. However, the rules relating to the 
determination of a taxpayer's eligibility to file as head of household 
under section 2(b) apply to tax returns and claims for refund for 
taxable years beginning after December 31, 2017, that are prepared on 
or after the date of publication of the Treasury

[[Page 33879]]

decision adopting these rules as final regulations in the Federal 
Register.

Kirsten Wielobob,
Deputy Commissioner for Services and Enforcement.
[FR Doc. 2018-15351 Filed 7-13-18; 4:15 pm]
 BILLING CODE 4830-01-P



                                                                       Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Proposed Rules                                                 33875

                                                acceptable safety margins, and out of the                (j) Optional Modification                               (2) For more information about this AD,
                                                context of RNP–AR operations could lead to                  For Group 3 airplanes: From the effective          contact Vladimir Ulyanov, Aerospace
                                                an unusually high pilot workload.                        date of this AD, it is allowed to modify any          Engineer, International Section, Transport
                                                                                                         airplane into a Group 1 or Group 2                    Standards Branch, FAA, 2200 South 216th
                                                (f) Compliance                                                                                                 St., Des Moines, WA 98198; telephone and
                                                                                                         configuration, provided that, concurrently,
                                                   Comply with this AD within the                        that airplane is modified in accordance with          fax 206–231–3229.
                                                compliance times specified, unless already               the Accomplishment Instructions of Airbus               (3) For service information identified in
                                                done.                                                    Service Bulletin A330–22–3264, dated March            this AD, contact Airbus SAS, Airworthiness
                                                (g) Definitions                                          14, 2018.                                             Office—EAL, 2 Rond-Point Emile Dewoitine,
                                                                                                                                                               31700 Blagnac, France; telephone +33 5 61
                                                   For the purposes of this AD, the definitions          (k) Credit for Previous Actions                       93 36 96; fax +33 5 61 93 45 80; email
                                                in paragraphs (g)(1) through (g)(3) of this AD              This paragraph provides credit for the             airworthiness.A330-A340@airbus.com;
                                                apply.                                                   actions required by paragraph (i) of this AD          internet http://www.airbus.com. You may
                                                   (1) Group 1 airplanes are those that have             and optional actions specified in paragraph           view this service information at the FAA,
                                                Flight Management Guidance Envelope                      (j) of this AD, if those actions were performed       Transport Standards Branch, 2200 South
                                                Computer (FMGEC) standard P5H3 (Airbus                   before the effective date of this AD using            216th St., Des Moines, WA. For information
                                                Modification 204758 Part Number (P/N)                    Airbus Alert Operators Transmission—AOT               on the availability of this material at the
                                                FMGEC C13226HA07 with P/N FMS                            A22L002–17, dated October 20, 2017.                   FAA, call 206–231–3195.
                                                operational SW PS4087700–906) embodied
                                                in production, or embodied in service as                 (l) Other FAA AD Provisions                             Issued in Des Moines, Washington, on June
                                                specified in Airbus Service Bulletin A330–                  The following provisions also apply to this        22, 2018.
                                                22–3209; or Airbus Service Bulletin A330–                AD:                                                   Michael Kaszycki,
                                                22–3225; or Airbus Service Bulletin A330–                   (1) Alternative Methods of Compliance              Acting Director, System Oversight Division,
                                                22–3244; or Airbus Service Bulletin A330–                (AMOCs): The Manager, International                   Aircraft Certification Service.
                                                22–3247; or Airbus Service Bulletin A330–                Section, Transport Standards Branch, FAA,
                                                                                                                                                               [FR Doc. 2018–14408 Filed 7–17–18; 8:45 am]
                                                22–3262, except those that have RNP–AR.                  has the authority to approve AMOCs for this
                                                   (2) Group 2 airplanes have the same                   AD, if requested using the procedures found           BILLING CODE 4910–13–P
                                                configuration as those in Group 1, but in                in 14 CFR 39.19. In accordance with 14 CFR
                                                addition have RNP–AR (Airbus Modification                39.19, send your request to your principal
                                                203441, or Airbus Modification 203442, or                inspector or local Flight Standards District          DEPARTMENT OF THE TREASURY
                                                Airbus Modification 200624) embodied in                  Office, as appropriate. If sending information
                                                production or Airbus Service Bulletin A330–              directly to the International Section, send it        Internal Revenue Service
                                                34–3262; or Airbus Service Bulletin A330–                to the attention of the person identified in
                                                34–3308; or Airbus Service Bulletin A330–                paragraph (m)(2) of this AD. Information may
                                                34–3345, embodied in service.                            be emailed to: 9-ANM-116-AMOC-                        26 CFR Part 1
                                                   (3) Group 3 airplanes are those in any                REQUESTS@faa.gov. Before using any                    [REG–103474–18]
                                                configuration other than that identified in              approved AMOC, notify your appropriate
                                                paragraph (g)(1) or (g)(2) of this AD.                   principal inspector, or lacking a principal           RIN 1545–BO63
                                                                                                         inspector, the manager of the local flight
                                                (h) Airplane Flight Manual (AFM) Revision                standards district office/certificate holding         Tax Return Preparer Due Diligence
                                                  For Group 2 airplanes: Within 30 days after            district office.                                      Penalty Under Section 6695(g)
                                                the effective date of this AD, revise the                   (2) Contacting the Manufacturer: For any
                                                Limitations section of the Airbus A330/A340              requirement in this AD to obtain corrective           AGENCY:  Internal Revenue Service (IRS),
                                                Airplane Flight Manual (AFM) to include the              actions from a manufacturer, the action must          Treasury.
                                                information in Temporary Revision TR774,                 be accomplished using a method approved               ACTION: Notice of proposed rulemaking,
                                                RNP–AR Operations Forbidden with FMGEC                   by the Manager, International Section,
                                                                                                                                                               partial withdrawal of notice of proposed
                                                Standard P5H3, Issue 1, approved October                 Transport Standards Branch, FAA; or the
                                                13, 2017 (‘‘TR774’’), and inform all flight              European Aviation Safety Agency (EASA); or            rulemaking.
                                                crews, and, thereafter, operate the airplane             Airbus’s EASA Design Organization
                                                accordingly, as specified in the TR. TR774               Approval (DOA). If approved by the DOA,
                                                                                                                                                               SUMMARY:   This document contains
                                                prohibits the RNP–AR operation on Airbus                 the approval must include the DOA-                    proposed regulations that amend
                                                A330 airplanes equipped with FMGEC                       authorized signature.                                 portions of previously proposed
                                                standard P5H3. Revising the AFM to include                  (3) Required for Compliance (RC): If any           regulations related to the tax return
                                                TR774 may be done by inserting a copy of                 service information contains procedures or            preparer penalty under section 6695(g)
                                                TR774 in the AFM. When this TR has been                  tests that are identified as RC, those                of the Internal Revenue Code (Code).
                                                included in general revisions of the AFM, the            procedures and tests must be done to comply           These amendments to the previously
                                                general revisions may be inserted in the                 with this AD; any procedures or tests that are        proposed regulations are necessary to
                                                AFM, provided the relevant information in                not identified as RC are recommended. Those
                                                the general revision is identical to that in             procedures and tests that are not identified
                                                                                                                                                               implement a recent law change that
                                                TR774, and the TR may be removed.                        as RC may be deviated from using accepted             expands the scope of the tax return
                                                                                                         methods in accordance with the operator’s             preparer due diligence penalty under
                                                (i) FMS Software Modification                            maintenance or inspection program without             section 6695(g) so that it applies with
                                                   (1) For Group 1 and Group 2 airplanes:                obtaining approval of an AMOC, provided               respect to eligibility to file a return or
                                                Within 60 days after the effective date of this          the procedures and tests identified as RC can         claim for refund as head of household.
                                                AD, modify the airplane by installing FMS                be done and the airplane can be put back in           The proposed regulations affect tax
                                                software P4A (P/N FMS operational SW                     an airworthy condition. Any substitutions or          return preparers.
                                                PS4087700–905) on FMGEC standard P5H3                    changes to procedures or tests identified as
                                                (P/N FMGEC C13226HA07 with P/N FMS                       RC require approval of an AMOC.                       DATES: Written or electronic comments
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                                                operational SW PS4087700–906) in                                                                               and requests for a public hearing must
                                                accordance with the instructions of Airbus               (m) Related Information                               be received by August 17, 2018.
                                                Service Bulletin A330–22–3264, dated March                 (1) Refer to Mandatory Continuing                   ADDRESSES: Send submissions to:
                                                14, 2018.                                                Airworthiness Information (MCAI) EASA AD
                                                   (2) For Group 2 airplanes: After                      2017–0233, dated November 23, 2017, for               CC:PA:LPD:PR (REG–103474–18), Room
                                                modification of an airplane as required by               related information. This MCAI may be                 5207, Internal Revenue Service, P.O.
                                                paragraph (i)(1) of this AD, the AFM revision            found in the AD docket on the internet at             Box 7604, Ben Franklin Station,
                                                required by paragraph (h) of this AD may be              http://www.regulations.gov by searching for           Washington, DC 20044. Submissions
                                                removed from the AFM of that airplane.                   and locating Docket No. FAA–2018–0584.                may be hand delivered Monday through


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                                                33876                  Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Proposed Rules

                                                Friday between the hours of 8 a.m. and                   amended to further expand the scope of                   The applicability date in § 1.6695–2(e)
                                                4 p.m. to: CC:PA:LPD:PR (REG–103474–                     the penalty to tax return preparers who               is also updated to reflect the effective
                                                18), Courier’s Desk, Internal Revenue                    fail to comply with due diligence                     date of the addition of determining
                                                Service, 1111 Constitution Avenue NW,                    requirements with respect to                          eligibility to file as head of household
                                                Washington, DC 20224, or sent                            determining eligibility to file as head of            to the due diligence requirements.
                                                electronically, via the Federal                          household (as defined in section 2(b)).               Accordingly, proposed § 1.6695–2(e)
                                                eRulemaking Portal at                                    See section 11001(b) of ‘‘An Act to                   contained in this document provides
                                                www.regulations.gov (IRS REG–103474–                     provide for reconciliation pursuant to                that § 1.6695–2 applies to tax returns
                                                18).                                                     titles II and V of the concurrent                     and claims for refund for taxable years
                                                FOR FURTHER INFORMATION CONTACT:                         resolution on the budget for fiscal year              beginning after December 31, 2015, that
                                                Concerning the proposed regulations,                     2018,’’ Public Law 115–97 (131 Stat.                  are prepared on or after the date of
                                                Marshall French, 202–317–6845;                           2054, 2058 (2017)) (Act). This document               publication of the Treasury decision
                                                concerning submissions of comments                       contains proposed regulations to reflect              adopting the proposed rules as final
                                                and requests for a public hearing,                       this change.                                          regulations in the Federal Register.
                                                Regina Johnson, 202–317–6901 (not toll-                                                                        However, the rules relating to the
                                                                                                         Explanation of Provisions                             determination of a taxpayer’s eligibility
                                                free numbers).
                                                                                                            The proposed regulations contained                 to file as head of household under
                                                Paperwork Reduction Act                                  in this document withdraw paragraphs                  section 2(b) apply to tax returns and
                                                   The collection of information in                      (a), (b)(3), and (e) of § 1.6695–2 of the             claims for refund for taxable years
                                                current § 1.6695–2 was previously                        2016 proposed regulations and propose                 beginning after December 31, 2017, that
                                                reviewed and approved under control                      in their place new paragraphs (a), (b)(3),            are prepared on or after the date of
                                                number 1545–1570. Control number                         and (e) of § 1.6695–2 (amended                        publication of the Treasury decision
                                                1545–1570 was discontinued in 2014, as                   paragraphs). The amended paragraphs                   adopting the proposed rules as final
                                                the burden for the collection of                         update the 2016 proposed regulations to               regulations in the Federal Register.
                                                information contained in § 1.6695–2 is                   reflect the recent change in the law that                As part of satisfying the due diligence
                                                reflected in the burden for Form 8867,                   expands the tax return preparer due                   requirements, the regulations under
                                                ‘‘Paid Preparer’s Due Diligence                          diligence requirements under section                  § 1.6695–2 require tax return preparers
                                                Checklist,’’ under control number 1545–                  6695(g) to apply to determining                       to complete the Form 8867, ‘‘Paid
                                                                                                         eligibility to file as head of household.             Preparer’s Due Diligence Checklist,’’
                                                1629.
                                                                                                         Accordingly, the proposed regulations                 and, in most cases, attach it to the
                                                SUPPLEMENTARY INFORMATION:                                                                                     relevant return or claim for refund as
                                                                                                         contained in this document amend
                                                Background                                               paragraphs (a) and (b)(3) of § 1.6695–2               part of satisfying the section 6695(g) due
                                                                                                         of the 2016 proposed regulations by                   diligence requirements. The Form 8867
                                                   This document contains proposed                                                                             underwent significant revisions for the
                                                amendments to the Income Tax                             adding a reference to determining
                                                                                                                                                               2016 tax year and is currently a single
                                                Regulations (26 CFR part 1) under                        eligibility to file as head of household
                                                                                                                                                               checklist to be used for all applicable
                                                section 6695(g) of the Code regarding                    where reference is made to determining
                                                                                                                                                               credits (namely, the EIC, the CTC/
                                                the tax return preparer due diligence                    eligibility for, or the amount of, the EIC,
                                                                                                                                                               ACTC, and the AOTC) on the return or
                                                requirements.                                            the CTC/ACTC and/or the AOTC. In
                                                                                                                                                               claim for refund subject to the section
                                                   Prior to 2016, section 6695(g) imposed                addition, Example 5 in paragraph
                                                                                                                                                               6695(g) due diligence requirements. It is
                                                a penalty on tax return preparers who                    (b)(3)(ii) of § 1.6695–2 of the 2016
                                                                                                                                                               anticipated that the IRS will revise the
                                                fail to comply with due diligence                        proposed regulations is revised to
                                                                                                                                                               Form 8867 to include the head of
                                                requirements set forth in regulations                    demonstrate how head of household
                                                                                                                                                               household filing status in time for the
                                                prescribed by the Secretary with respect                 due diligence requirements are
                                                                                                                                                               2019 filing season.
                                                to determining eligibility for, or the                   intertwined with the rules for
                                                amount of, the earned income credit                      determining a taxpayer’s eligibility for              Proposed Applicability Dates
                                                (EIC). For tax years beginning after                     the CTC.                                                 Proposed § 1.6695–2(e) provides that
                                                December 31, 2015, the scope of section                     A new example is also added to                     the rules in this notice of proposed
                                                6695(g) was expanded to apply the                        § 1.6695–2(a)(2) to illustrate how the                rulemaking with respect to determining
                                                penalty to tax return preparers who fail                 penalty applies if there is a failure to              eligibility to file as head of household
                                                to comply with due diligence                             satisfy the due diligence requirements                under section 2(b) will apply to tax
                                                requirements with respect to                             with respect to determining eligibility to            returns and claims for refund for taxable
                                                determining eligibility for, or the                      file as head of household in addition to              years beginning after December 31,
                                                amount of, the child tax credit (CTC)/                   a failure to satisfy the due diligence                2017, that are prepared on or after the
                                                additional child tax credit (ACTC) and                   requirements with respect to one of the               date the final regulations are published
                                                the American opportunity tax credit                      applicable credits. As explained in the               in the Federal Register.
                                                (AOTC). See section 207 of the                           preamble of the 2016 temporary
                                                Protecting Americans from Tax Hikes                      regulations, the preparation of one                   Special Analyses
                                                Act of 2015, Div. Q of Public Law 114–                   return or claim for refund may result in                This regulation is not subject to
                                                113 (129 Stat. 2242, 3082 (2015)) (PATH                  the imposition of more than one penalty               review under section 6(b) of Executive
                                                Act). On December 5, 2016, final and                     under section 6695(g). That is because                Order 12866 pursuant to the
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                                                temporary regulations (TD 9799, 81 FR                    under section 6695(g), each failure to                Memorandum of Agreement (April 11,
                                                87444) with cross-referencing proposed                   comply with the due diligence                         2018) between the Department of the
                                                regulations (REG–102952–16, 81 FR                        requirements set forth in regulations                 Treasury and the Office of Management
                                                87502) (2016 proposed regulations)                       prescribed by the Secretary results in a              and Budget regarding review of tax
                                                were published in the Federal Register                   separate penalty. To illustrate this point,           regulations. Under the Regulatory
                                                to reflect these changes.                                a new example, Example 3, is added to                 Flexibility Act (RFA) (5 U.S.C. chapter
                                                   Effective for tax years beginning after               proposed § 1.6695–2(a)(2) contained in                6), it is hereby certified that these
                                                December 31, 2017, section 6695(g) was                   this document.                                        proposed rules, if adopted, would not


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                                                                       Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Proposed Rules                                               33877

                                                have a significant economic impact on                    purchase of additional software or                        Authority: 26 U.S.C. 7805 * * *
                                                a substantial number of small entities.                  equipment in order to meet the                        ■ Par. 2. Section 1.6695–2 is amended
                                                When an agency issues a notice of                        additional information retention                      by revising the section heading and
                                                proposed rulemaking, the RFA requires                    requirements.                                         paragraphs (a), (b)(3), and (e) to read as
                                                the agency to ‘‘prepare and make                           Based on these facts, the IRS hereby                follows:
                                                available for public comment an initial                  certifies that the collection of
                                                regulatory flexibility analysis’’ that will              information contained in this notice of               § 1.6695–2 Tax return preparer due
                                                ‘‘describe the impact of the proposed                    proposed rulemaking will not have a                   diligence requirements for certain returns
                                                rule on small entities.’’ (5 U.S.C. 603(a)).             significant economic impact on a                      and claims.
                                                Section 605 of the RFA provides an                       substantial number of small entities.                    (a) Penalty for failure to meet due
                                                exception to this requirement if the                     Accordingly, a Regulatory Flexibility                 diligence requirements—(1) In general.
                                                agency certifies that the proposed                       Analysis is not required.                             A person who is a tax return preparer
                                                rulemaking will not have a significant                     Pursuant to section 7805(f) of the                  (as defined in section 7701(a)(36)) of a
                                                economic impact on a substantial                         Internal Revenue Code, this notice of                 tax return or claim for refund under the
                                                number of small entities.                                proposed rulemaking has been                          Internal Revenue Code who determines
                                                   The proposed rules affect paid tax                    submitted to the Chief Counsel for                    the taxpayer’s eligibility to file as head
                                                return preparers who determine a                         Advocacy of the Small Business                        of household under section 2(b), or who
                                                taxpayer is eligible to file as head of                  Administration for comment on the                     determines the taxpayer’s eligibility for,
                                                household, in addition to those tax                      impact on small business.                             or the amount of, the child tax credit
                                                return preparers who determine                                                                                 (CTC)/additional child tax credit
                                                                                                         Comments and Requests for Public
                                                eligibility for, or the amount of, the EIC,                                                                    (ACTC) under section 24, the American
                                                                                                         Hearing
                                                the CTC/ACTC, and/or the AOTC. The                                                                             opportunity tax credit (AOTC) under
                                                North American Industry Classification                     Before these proposed regulations are               section 25A(i), or the earned income
                                                System (NAICS) code that relates to tax                  adopted as final regulations,                         credit (EIC) under section 32, and who
                                                return preparation services (NAICS code                  consideration will be given to any                    fails to satisfy the due diligence
                                                541213) is the appropriate code for tax                  written and electronic comments that                  requirements of paragraph (b) of this
                                                return preparers subject to this notice of               are timely submitted to the IRS as                    section will be subject to a penalty as
                                                proposed rulemaking. Entities identified                 prescribed in this preamble under the                 prescribed in section 6695(g) (indexed
                                                as tax return preparation services are                   ADDRESSES heading. The Treasury                       for inflation under section 6695(h)) for
                                                considered small under the Small                         Department and the IRS request                        each failure. A separate penalty applies
                                                Business Administration size standards                   comments on all aspects of the proposed               to a tax return preparer with respect to
                                                (13 CFR 121.201) if their annual revenue                 rules. All comments will be available at              the head of household filing status
                                                is less than $20.5 million. The IRS                      www.regulations.gov or upon request.                  determination and to each applicable
                                                estimates that approximately 75 to 85                      A public hearing will be scheduled if               credit claimed on a return or claim for
                                                percent of the 505,000 persons who                       requested in writing by any person that               refund for which the due diligence
                                                work at firms or are self-employed tax                   timely submits written comments. If a                 requirements of this section are not
                                                return preparers are operating as or                     public hearing is scheduled, notice of                satisfied and for which the exception to
                                                employed by small entities. The IRS has                  the date, time, and place for the public              penalty provided by paragraph (d) of
                                                therefore determined that these                          hearing will be published in the Federal              this section does not apply.
                                                proposed rules will have an impact on                    Register.                                                (2) Examples. The provisions of
                                                a substantial number of small entities.                  Drafting Information                                  paragraph (a)(1) of this section are
                                                   The IRS has further determined,                                                                             illustrated by the following examples:
                                                however, that the economic impact on                       The principal author of these
                                                entities affected by the proposed rules                  regulations is Rachel Gregory of the
                                                                                                                                                                 Example 1. Preparer A prepares a federal
                                                will not be significant. The current final               Office of the Associate Chief Counsel
                                                                                                                                                               income tax return for a taxpayer claiming the
                                                and temporary regulations under section                  (Procedure and Administration).                       CTC and the AOTC. Preparer A did not meet
                                                6695(g) already require tax return                       List of Subjects in 26 CFR Part 1                     the due diligence requirements under this
                                                preparers to complete the Form 8867                                                                            section with respect to the CTC or the AOTC
                                                when a return or claim for refund                          Income taxes, Reporting and                         claimed on the taxpayer’s return. Unless the
                                                includes a claim of the EIC, the CTC/                    recordkeeping requirements.                           exception to penalty provided by paragraph
                                                ACTC, and/or the AOTC. Tax return                        Partial Withdrawal of a Notice of                     (d) of this section applies, Preparer A is
                                                preparers also must currently maintain                                                                         subject to two penalties under section
                                                                                                         Proposed Rulemaking                                   6695(g): One for failure to meet the due
                                                records of the checklists and
                                                computations, as well as a record of                        Accordingly, under the authority of                diligence requirements for the CTC and a
                                                                                                         26 U.S.C. 7805, § 1.6695–2(a), (b)(3), and            second penalty for failure to meet the due
                                                how and when the information used to                                                                           diligence requirements for the AOTC.
                                                compute the credits was obtained by the                  (e) of the notice of proposed rulemaking
                                                tax return preparer. The information                     (REG–102952–16) published in the
                                                                                                         Federal Register on December 5, 2016                    Example 2. Preparer B prepares a federal
                                                needed to document a taxpayer’s                                                                                income tax return for a taxpayer claiming the
                                                eligibility to file as head of household                 (81 FR 87502) are withdrawn.                          CTC and the AOTC. Preparer B did not meet
                                                is information the preparer must gather                  Proposed Amendments to the                            the due diligence requirements under this
                                                to file the return. Even if certain                      Regulations                                           section with respect to the CTC claimed on
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                                                preparers are required to maintain the                                                                         the taxpayer’s return, but Preparer B did
                                                                                                           Accordingly, 26 CFR part 1 is                       meet the due diligence requirements under
                                                checklists and complete Form 8867 for
                                                                                                         proposed to be amended as follows:                    this section with respect to the AOTC
                                                the first time, the IRS estimates that the
                                                                                                                                                               claimed on the taxpayer’s return. Unless the
                                                total time required should be minimal                    PART 1—INCOME TAXES                                   exception to penalty provided by paragraph
                                                for these tax return preparers. Further,                                                                       (d) of this section applies, Preparer B is
                                                the IRS does not expect that the                         ■ Paragraph 1. The authority citation                 subject to one penalty under section 6695(g)
                                                requirements in these proposed                           for part 1 continues to read in part as               for the failure to meet the due diligence
                                                regulations would necessitate the                        follows:                                              requirements for the CTC. Preparer B is not



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                                                33878                  Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Proposed Rules

                                                subject to a penalty under section 6695(g) for           reasonable inquiries to determine whether             children as a qualifying child for purposes of
                                                failure to meet the due diligence                        each boy is a qualifying child of Q for               the EIC and the CTC. To meet the knowledge
                                                requirements for the AOTC.                               purposes of the EIC and the CTC, including            requirement in paragraph (b)(3) of this
                                                                                                         reasonable inquiries to verify Q’s relationship       section, Preparer E must make reasonable
                                                  Example 3. Preparer C prepares a federal               to the boys, and Preparer C must                      inquiries to determine whether S is eligible to
                                                income tax return for a taxpayer using the               contemporaneously document these inquiries            file as head of household and whether each
                                                head of household filing status and claiming             and the responses.                                    child is a qualifying child for purposes of the
                                                the CTC and the AOTC. Preparer C did not                                                                       EIC and the CTC, including reasonable
                                                meet the due diligence requirements under                  Example 2. Assume the same facts as in              inquiries about the children’s residency, S’s
                                                this section with respect to the head of                 Example 1 of this paragraph (b)(3)(ii). In            relationship to the children, the children’s
                                                household filing status and the CTC claimed              addition, as part of preparing Q’s 2017               income, the sources of support for the
                                                on the taxpayer’s return. Preparer C did meet            federal income tax return, Preparer C made            children, and S’s contribution to the payment
                                                the due diligence requirements under this                sufficient reasonable inquiries to verify that        of costs related to operating the household,
                                                section with respect to the AOTC claimed on              the boys were Q’s legally adopted children.           and preparer E must contemporaneously
                                                the taxpayer’s return. Unless the exception to           In 2019, Q engages Preparer C to prepare her          document these inquiries and the responses.
                                                penalty provided by paragraph (d) of this                2018 federal income tax return. When
                                                section applies, Preparer C is subject to two            preparing Q’s 2018 federal income tax return,           Example 6. W engages Preparer F to
                                                penalties under section 6695(g) for the failure          Preparer C is not required to make additional
                                                                                                                                                               prepare her federal income tax return. During
                                                to meet the due diligence requirements: One              inquiries to determine the boys relationship
                                                                                                                                                               Preparer F’s standard intake interview, W
                                                for the head of household filing status and              to Q for purposes of the knowledge
                                                                                                                                                               states that she is 50 years old, has never been
                                                one for the CTC. Preparer C is not subject to            requirement in paragraph (b)(3) of this
                                                                                                                                                               married, and has no children. W further
                                                a penalty under section 6695(g) for failure to           section.
                                                                                                                                                               states to Preparer F that during the tax year
                                                meet the due diligence requirements for the                                                                    she was self-employed, earned $10,000 from
                                                AOTC.                                                      Example 3. In 2018, R, an 18 year-old
                                                                                                                                                               her business, and had no business expenses
                                                                                                         taxpayer, engages Preparer D to prepare R’s
                                                   (b) * * *                                                                                                   or other income. Preparer F believes W may
                                                                                                         2017 federal income tax return. R completes
                                                   (3) Knowledge—(i) In general. The tax                                                                       be eligible for the EIC. To meet the knowledge
                                                                                                         Preparer D’s standard intake questionnaire
                                                return preparer must not know, or have                                                                         requirement in paragraph (b)(3) of this
                                                                                                         and states that she has never been married,
                                                reason to know, that any information                                                                           section, Preparer F must make reasonable
                                                                                                         has one child, an infant, and that she and
                                                used by the tax return preparer in                       her infant lived with R’s parents during part         inquiries to determine whether W is eligible
                                                                                                         of the 2017 tax year. R also provides Preparer        for the EIC, including reasonable inquiries to
                                                determining the taxpayer’s eligibility to                                                                      determine whether W’s business income and
                                                file as head of household or in                          D with a Form W–2 showing that she earned
                                                                                                         $10,000 during 2017. R provides no other              expenses are correct, and Preparer F must
                                                determining the taxpayer’s eligibility                                                                         contemporaneously document these inquiries
                                                                                                         documents or information showing that R
                                                for, or the amount of, any credit                                                                              and the responses.
                                                                                                         earned any other income during the tax year.
                                                described in paragraph (a) of this                       Based on the intake sheet and other
                                                section and claimed on the return or                     information that R provides, Preparer D                  Example 7. Y, who is 32 years old, engages
                                                claim for refund is incorrect. The tax                   believes that R may be eligible to claim the          Preparer G to prepare his federal income tax
                                                return preparer may not ignore the                       infant as a qualifying child for the EIC and          return. Y completes Preparer G’s standard
                                                implications of information furnished                    the CTC. To meet the knowledge requirement            intake questionnaire and states that he has
                                                to, or known by, the tax return preparer,                in paragraph (b)(3) of this section, Preparer         never been married. As part of Preparer G’s
                                                and must make reasonable inquiries if a                  D must make reasonable inquiries to                   client intake process, Y provides Preparer G
                                                                                                         determine whether R is eligible to claim these        with a copy of the Form 1098–T Y received
                                                reasonable and well-informed tax return
                                                                                                         credits, including reasonable inquiries to            showing that University M billed $4,000 of
                                                preparer knowledgeable in the law                                                                              qualified tuition and related expenses for Y’s
                                                                                                         verify that R is not a qualifying child of her
                                                would conclude that the information                      parents (which would make R ineligible to             enrollment or attendance at the university
                                                furnished to the tax return preparer                     claim the EIC) or a dependent of her parents          and that Y was at least a half-time
                                                appears to be incorrect, inconsistent, or                (which would make R ineligible to claim the           undergraduate student. Preparer G believes
                                                incomplete. The tax return preparer                      CTC), and Preparer D must                             that Y may be eligible for the AOTC. To meet
                                                must also contemporaneously document                     contemporaneously document these inquiries            the knowledge requirements in paragraph
                                                in the preparer’s paper or electronic                    and the responses.                                    (b)(3) of this section, Preparer G must make
                                                files any inquiries made and the                                                                               reasonable inquiries to determine whether Y
                                                                                                           Example 4. The facts are the same as the            is eligible for the AOTC, as Form 1098–T
                                                responses to those inquiries.
                                                                                                         facts in Example 3 of this paragraph (b)(3)(ii).      does not contain all the information needed
                                                   (ii) Examples. The provisions of
                                                                                                         In addition, Preparer D previously prepared           to determine eligibility for the AOTC or to
                                                paragraph (b)(3)(i) of this section are                                                                        calculate the amount of the credit if Y is
                                                                                                         the 2017 joint federal income tax return for
                                                illustrated by the following examples:                   R’s parents. Based on information provided            eligible, and contemporaneously document
                                                                                                         by R’s parents, Preparer D has determined             these inquiries and the responses.
                                                   Example 1. In 2018, Q, a 22 year-old                  that R is not eligible to be claimed as a             *     *     *     *     *
                                                taxpayer, engages Preparer C to prepare Q’s              dependent or as a qualifying child for
                                                                                                                                                                 (e) Applicability date. The rules of
                                                2017 federal income tax return. Q completes              purposes of the EIC or CTC on R’s parents’
                                                Preparer C’s standard intake questionnaire               return. Therefore, for purposes of the                this section apply to tax returns and
                                                and states that she has never been married               knowledge requirement in paragraph (b)(3) of          claims for refund for taxable years
                                                and has two sons, ages 10 and 11. Based on               this section, Preparer D is not required to           beginning after December 31, 2015, that
                                                the intake sheet and other information that              make additional inquiries to determine that           are prepared on or after the date of
                                                Q provides, including information that shows             R is not her parents’ qualifying child or             publication of the Treasury decision
                                                that the boys lived with Q throughout 2017,              dependent.                                            adopting these rules as final regulations
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                                                Preparer C believes that Q may be eligible to                                                                  in the Federal Register. However, the
                                                claim each boy as a qualifying child for                   Example 5. In 2019, S engages Preparer E            rules relating to the determination of a
                                                purposes of the EIC and the CTC. However,                to prepare his 2018 federal income tax
                                                                                                                                                               taxpayer’s eligibility to file as head of
                                                Q provides no information to Preparer C, and             return. During Preparer E’s standard intake
                                                Preparer C does not have any information                 interview, S states that he has never been            household under section 2(b) apply to
                                                from other sources, to verify the relationship           married and that his niece and nephew lived           tax returns and claims for refund for
                                                between Q and the boys. To meet the                      with him for part of the 2018 taxable year.           taxable years beginning after December
                                                knowledge requirement in paragraph (b)(3) of             Preparer E believes S may be eligible to file         31, 2017, that are prepared on or after
                                                this section, Preparer C must make                       as head of household and claim each of these          the date of publication of the Treasury


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                                                                       Federal Register / Vol. 83, No. 138 / Wednesday, July 18, 2018 / Proposed Rules                                                      33879

                                                decision adopting these rules as final                   proposed rulemaking, the Commission                       consistent with the Postal Service’s
                                                regulations in the Federal Register.                     proposes the following revisions to the                   quarterly and annual financial reports.
                                                                                                         periodic reporting requirements found                     Id. at 1. The Postal Service states that
                                                Kirsten Wielobob,
                                                                                                         in 39 CFR part 3050.                                      the term ‘‘Operating Revenue’’ as used
                                                Deputy Commissioner for Services and
                                                                                                                                                                   in Tables 1 and 2 of the Monthly
                                                Enforcement.                                             II. Background
                                                                                                                                                                   Summary Financial Report does not
                                                [FR Doc. 2018–15351 Filed 7–13–18; 4:15 pm]                 The Postal Accountability and                          correspond with its usage in its Form
                                                BILLING CODE 4830–01–P                                   Enhancement Act (PAEA) granted the                        10–K reports. Id. at 7. The Postal Service
                                                                                                         Commission enhanced information                           requests revisions to Tables 1 and 2 of
                                                                                                         gathering and reporting responsibilities.                 the Monthly Summary Financial Report
                                                POSTAL REGULATORY COMMISSION                             See 39 U.S.C. 3652(e)(1). The PAEA                        so that the items and amounts reported
                                                                                                         provides that the Commission shall                        for total operating revenue reconcile on
                                                39 CFR Part 3050                                         prescribe the content and form of the                     both tables and the breakdown for
                                                [Docket No. RM2018–2; Order No. 4706]                    public reports the Postal Service files                   revenue more closely aligns with the
                                                                                                         with the Commission under section                         format in its other financial reports.5
                                                Periodic Reporting Requirements                          3652. In Docket No. RM2008–4, the                            Third, the Postal Service requests that
                                                                                                         Commission approved its current                           the Commission consider eliminating or
                                                AGENCY:    Postal Regulatory Commission.                 periodic reporting requirements.3
                                                ACTION:   Proposed rule.                                                                                           modifying any reporting requirements
                                                                                                            On December 27, 2017, the Postal                       that have become unnecessary or
                                                                                                         Service filed a request for the                           irrelevant since implementation of the
                                                SUMMARY:   The Commission is proposing
                                                                                                         Commission to consider revisions to the                   current periodic reporting rules in 2009.
                                                revisions to the periodic reporting
                                                                                                         periodic reporting requirements. First,                   Id. at 1. The Postal Service requests that
                                                requirements codified in our
                                                                                                         the Postal Service requests that the
                                                regulations. This document informs the                                                                             the Commission consider eliminating or
                                                                                                         Commission adjust the deadlines for the
                                                public of the proposed rules, invites                                                                              modifying these requirements to avoid
                                                                                                         quarterly Revenue, Pieces, and Weight
                                                public comment, and takes other                                                                                    imposing ‘‘unnecessary or unwarranted
                                                                                                         (RPW) report; the Quarterly Statistics
                                                administrative steps.                                                                                              administrative effort and expense’’ on
                                                                                                         Report (QSR); the quarterly Billing
                                                DATES: Comments are due: August 17,                                                                                the Postal Service. Id. at 9 (citing 39
                                                                                                         Determinants report; and the monthly
                                                2018.                                                                                                              U.S.C. 3652(e)(1)).
                                                                                                         National Consolidated Trial Balance and
                                                ADDRESSES: Submit comments                               Revenue and Expense Summary (Trial                        III. Comments
                                                electronically via the Commission’s                      Balance) report to align the deadlines                       On March 7, 2018, the Public
                                                Filing Online system at http://                          with other financial reporting deadlines.                 Representative and United Parcel
                                                www.prc.gov. Those who cannot submit                     Petition at 1. The Postal Service states
                                                                                                                                                                   Service, Inc. (UPS) filed comments.6 On
                                                comments electronically should contact                   that aligning these deadlines with other
                                                                                                                                                                   April 6, 2018, the Postal Service and the
                                                the person identified in the FOR FURTHER                 financial reporting deadlines will avoid
                                                                                                                                                                   Parcel Shippers Association (PSA) filed
                                                INFORMATION CONTACT section by                           potential restatements of the earlier filed
                                                                                                                                                                   reply comments.7
                                                telephone for advice on filing                           reports once the data for the later filed
                                                                                                                                                                      Public Representative. The Public
                                                alternatives.                                            reports are finalized. Id. at 3.
                                                                                                            Specifically, the Postal Service seeks                 Representative divides her discussion
                                                FOR FURTHER INFORMATION CONTACT:                                                                                   into two sections. First, she discusses
                                                                                                         to move the quarterly and year-end
                                                David A. Trissell, General Counsel, at                                                                             the guiding principles the Commission
                                                                                                         deadlines for the RPW and QSR reports
                                                202–789–6820.                                                                                                      should consider when revising its
                                                                                                         so that they are the same as the Form
                                                SUPPLEMENTARY INFORMATION:                               10–Q and Form 10–K due dates. Id. at                      periodic reporting requirements. PR
                                                                                                         2–3. In addition, the Postal Service                      Comments at 2–4. Specifically, she
                                                Table of Contents
                                                                                                         requests that the Commission extend                       observes that the PAEA outlines three
                                                I. Introduction
                                                                                                         deadlines for quarterly Billing                           guiding principles for the Commission
                                                II. Background                                                                                                     to consider when determining the
                                                III. Comments
                                                                                                         Determinants reports to 60 days after the
                                                                                                         end of Quarters 1, 2, and 3, and 90 days                  content and form of the Postal Service’s
                                                IV. Analysis of Proposed Changes                                                                                   public reports submitted under 39
                                                V. Solicitation of Comments                              after the end of Quarter 4.4 The Postal
                                                VI. Conclusion                                           Service also requests that the                            U.S.C. 3652. Id. at 2. The three guiding
                                                                                                         Commission revise the periodic                            principles are whether the requirement
                                                I. Introduction                                          reporting rules so that the Trial Balance                 ‘‘(A) provid[es] the public with timely,
                                                   On December 27, 2017, the Postal                      reports and the Monthly Summary                           adequate information to assess the
                                                Service filed a request for the                          Financial reports have the same                           lawfulness of rates charged; (B) avoid[s]
                                                Commission to consider revisions to the                  deadline. Id. at 5–6.                                     unnecessary or unwarranted
                                                periodic reporting requirements                             Second, the Postal Service requests                    administrative effort and expense on the
                                                codified in 39 CFR part 3050.1 On                        that the Commission modify the format
                                                                                                                                                                     5 Id. The Postal Service also requests updating
                                                January 5, 2018, the Commission                          of the Monthly Summary Financial                          Table 2 to reflect the name change of Standard Mail
                                                established this docket and invited                      Report to make the report more                            to USPS Marketing Mail. Id. at 8.
                                                comments regarding the Postal Service’s                                                                              6 Public Representative Comments on Advance

                                                proposed revisions.2 Based on                              3 Docket No. RM2008–4, Notice of Final Rule             Notice of Proposed Rulemaking to Revise Periodic
amozie on DSK3GDR082PROD with PROPOSALS1




                                                comments received in response to the                     Prescribing Form and Content of Periodic Reports,         Reporting Requirements, March 7, 2018 (PR
                                                                                                         April 16, 2009 (Order No. 203).                           Comments); Comments of United Parcel Service,
                                                Commission’s advance notice of                             4 Id. at 4. The Postal Service also requests that the   Inc. on Advance Notice of Proposed Rulemaking to
                                                                                                         Quarter 4 Billing Determinants report be                  Revise Periodic Reporting Requirements, March 7,
                                                  1 United States Postal Service Petition for                                                                      2018 (UPS Comments).
                                                                                                         incorporated into the annual Billing Determinants
                                                Rulemaking on Periodic Reporting, December 27,           report rather than submitted as a standalone filing.        7 Reply Comments of the United States Postal
                                                2017 (Petition).                                         Id. The Postal Service states that eliminating the        Service, April 6, 2018 (Postal Service Reply
                                                  2 Advance Notice of Proposed Rulemaking to             standalone filing would help the Postal Service           Comments); Reply Comments of the Parcel Shippers
                                                Revise Periodic Reporting Requirements, January 5,       more effectively allocate scarce time and resources.      Association (PSA), April 6, 2018 (PSA Reply
                                                2018 (Order No. 4347).                                   Id.                                                       Comments).



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Document Created: 2018-11-06 10:24:59
Document Modified: 2018-11-06 10:24:59
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, partial withdrawal of notice of proposed rulemaking.
DatesWritten or electronic comments and requests for a public hearing must be received by August 17, 2018.
ContactConcerning the proposed regulations, Marshall French, 202-317-6845; concerning submissions of comments and requests for a public hearing, Regina Johnson, 202-317-6901 (not toll- free numbers).
FR Citation83 FR 33875 
RIN Number1545-BO63
CFR AssociatedIncome Taxes and Reporting and Recordkeeping Requirements

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