Agency Information Collection Activities; Submission for OMB Review; Comment Request; U.S. Business Income Tax Return Forms
The Department of the Treasury will submit the following information collection requests to the Office of Management and Budget (OMB) for review and clearance in accordance with...
Departmental Offices, U.S. Department of the Treasury.
ACTION:
Notice.
SUMMARY:
The Department of the Treasury will submit the following information collection requests to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice. The public is invited to submit comments on these requests.
DATES:
Comments should be received on or before February 10, 2021 to be assured of consideration.
ADDRESSES:
Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to
www.reginfo.gov/public/do/PRAMain.
Find this particular information collection by selecting “Currently under 30-day Review—Open for Public Comments” or by using the search function.
FOR FURTHER INFORMATION CONTACT:
Copies of the submissions may be obtained from Molly Stasko by emailing
PRA@treasury.gov,
calling (202) 622-8922, or viewing the entire information collection request at
www.reginfo.gov.
SUPPLEMENTARY INFORMATION:
Today, over 90 percent of all business entity tax returns are prepared using software by the taxpayer or with preparer assistance. The forms and related schedules and regulations approved under OMB Control Number 1545-0123 are used by business taxpayers. These include Forms 1065, 1066, 1120, 1120-C, 1120-F, 1120-H, 1120-ND, 1120-S, 1120-SF, 1120-FSC, 1120-L, 1120-PC, 1120-REIT, 1120-RIC, 1120-POL, and related schedules, that business entity taxpayers attach to their tax returns (see Appendix A for this notice). In addition, there are numerous OMB numbers that report burden already included in this OMB number. In order to eliminate this duplicative burden reporting, 163 OMB numbers are being obsoleted. See Appendix B for information on the obsoleted OMB numbers and the burden that was previously reported under those numbers.
Tax Compliance Burden
Tax compliance burden is defined as the time and money taxpayers spend to comply with their tax filing responsibilities. Time-related activities include recordkeeping, tax planning, gathering tax materials, learning about the law and what you need to do, and completing and submitting the return. Out-of-pocket costs include expenses such as purchasing tax software, paying a third-party preparer, and printing and postage. Tax compliance burden does not include a taxpayer's tax liability, economic inefficiencies caused by sub-optimal choices related to tax deductions or credits, or psychological costs.
PRA Submission to OMB
Title:
U.S. Business Income Tax Return.
OMB Control Number:
1545-0123.
Form Numbers:
Forms 1065, 1066, 1120, 1120-C, 1120-F, 1120-H, 1120-ND, 1120-S, 1120-SF, 1120-FSC, 1120-L, 1120-PC, 1120-REIT, 1120-RIC, 1120-POL and all attachments to these forms (see the Appendix to this notice).
Abstract:
These forms are used by businesses to report their income tax liability.
Current Actions:
There have been changes in regulatory guidance related to various forms approved under this approval package during the past year. There has been additions and removals of forms included in this approval package. These changes will have an impact on the overall burden and cost estimates requested for this approval package, however these estimates were not finalized at the time of release of the 60-day
Federal Register
notice on November 3, 2020 (85 FR 69687). The estimated burden figures have been updated and summarized below.
Type of Review:
Revision of currently approved collections.
Affected Public:
Corporations and Pass-Through Entities.
Estimated Number of Respondents:
11,800,000.
Total Estimated Time:
1.085 billion hours.
Estimated Time per Respondent:
85 hours (partnerships), 135 hours (corporations), 80 hours (pass-through corporations).
Total Estimated Out-of-Pocket Costs:
$44.279 billion.
Estimated Total Monetized Burden per Respondent:
$7,700 (partnerships), $14,100 (corporations), $6,200 (pass-through corporations).
Note:
Amounts below are for estimates for FY 2021. Reported time and cost burdens are national averages and do not necessarily reflect a “typical” case. Most taxpayers experience lower than average burden, with taxpayer burden varying considerably by taxpayer type. Totals may not add due to rounding.
Fiscal Year 2021 Estimates for Form 1120 and 1065 Series of Returns and Forms and Schedules
FY 20
Change in burden
FY 21
Number of Taxpayers
12,000,000
(200,000)
11,800,000
Burden in Hours
3,344,000,000
(2,259,000,000)
1,085,000,000
Burden in Dollars
$61,558,000,000
($17,279,000,000)
$44,279,000,000
Monetized Total Burden
$190,981,000,000
$(95,178,000,000)
$95,803,000,000
Tables 1, 2, and 3 below show the burden model estimates for each of the three classifications of business taxpayers: Partnerships (Table 1), corporations (Table 2) and S corporations (Table 3). As the tables show, the average filing compliance is different for the three forms of business. Showing a combined average burden for all businesses would understate the burden for corporations and overstate the burden for the two pass-through
( printed page 2036)
entities (partnerships and S corporations). In addition, the burden for small and large businesses is shown separately for each type of business entity in order to clearly convey the substantially higher burden faced by the largest businesses.
Table 1—Taxpayer Burden for Entities Taxed as Partnerships
[Forms 1065, 1066, and all attachments]
Primary form filed or type of taxpayer
Number of
returns
(millions)
Average time
per taxpayer
(hours)
Average cost
per taxpayer
Average
monetized
burden
All Partnerships
4.5
85
$3,800
$7,700
Small
4.2
75
2,700
5,200
Other *
0.3
245
20,100
44,900
*“Other” is defined as one having end-of-year assets greater than $10 million. A large business is defined the same way for partnerships, taxable corporations, and pass-through corporations. A small business is any business that does not meet the definition of a large business.
Table 2—Taxpayer Burden for Entities Taxed as Taxable Corporations
[Forms 1120, 1120-C, 1120-F, 1120-H, 1120-ND, 1120-SF, 1120-FSC, 1120-L, 1120-PC, 1120-POL, and all attachments]
Primary form filed or type of taxpayer
Number of
returns
(millions)
Average time
per taxpayer
(hours)
Average cost
per taxpayer
Average
monetized
burden
All Taxable Corporations
2.0
135
$5,700
$14,100
Small
1.9
90
3,000
6,100
Large *
0.1
920
48,100
14,800
* A “large” business is defined as one having end-of-year assets greater than $10 million. A “large” business is defined the same way for partnerships, taxable corporations, and pass-through corporations. A small business is any business that does not meet the definition of a large business.
Table 3—Taxpayer Burden for Entities Taxed as Pass-Through Corporations
[Forms 1120-REIT, 1120-RIC, 1120-S, and all attachments]
Primary form filed or type of taxpayer
Number of
returns
(millions)
Average time
per taxpayer
(hours)
Average cost
per taxpayer
Average
monetized
burden
All Pass-Through Corporations
5.3
80
$3,000
$6,200
Small
5.2
80
2,700
5,500
Large *
0.1
325
23,400
56,100
* A “large” business is defined as one having end-of-year assets greater than $10 million. A “large” business is defined the same way for partnerships, taxable corporations, and pass-through corporations. A small business is any business that does not meet the definition of a large business.
Tables 1A—3A show the average burden estimate for business entities by
total positive income.
Total positive income is defined as the sum of all positive income amounts reported on the return.
Table 1A—Taxpayer Burden for Partnerships
[Forms 1065, 1066, and all attachments]
Total positive income *
Average time
(hrs)
Average money
($)
Total average
monetized
burden
($)
<$100,000
65
1,425
2,571
$100,000 to $999,999
82
3,952
7,605
$1,000,000 to 9,999,999
124
10,244
22,224
$10,000,000 to $99,999,999
425
35,128
77,928
>$100,000,000
1,850
136,090
322,521
Table 2A—Taxpayer Burden for Taxable Corporations
[Forms 1120, 1120-C, 1120-F, 1120-H, 1120-ND, 1120-SF, 1120-FSC, 1120-L, 1120-PC, 1120-POL and all attachments]
Annual Withholding Tax Return for U.S. Source Income of Foreign Persons.
Form 1042-S
Foreign Person's U.S. Source Income Subject to Withholding.
Form 1042-T
Annual Summary and Transmittal of Forms 1042-S.
Form 1065
U.S. Return of Partnership Income.
Form 1065 (SCH B-1)
Information for Partners Owning 50% or More of the Partnership.
Form 1065 (SCH B-2)
Election Out of the Centralized Partnership Audit Regime.
Form 1065 (SCH C)
Additional Information for Schedule M-3 Filers.
Form 1065 (SCH D)
Capital Gains and Losses.
Form 1065 (SCH K-1)
Partner's Share of Income, Deductions, Credits, etc..
Form 1065 (SCH M-3)
Net Income (Loss) Reconciliation for Certain Partnerships.
Form 1065X
Amended Return or Administrative Adjustment Request (AAR).
Form 1066
U.S. Real Estate Mortgage Investment Conduit (REMIC) Income Tax Return.
Form 1066 (SCH Q)
Quarterly Notice to Residual Interest Holder of REMIC Taxable Income or Net Loss Allocation.
Form 1118
Foreign Tax Credit-Corporations.
Form 1118 (SCH I)
Reduction of Foreign Oil and Gas Taxes.
Form 1118 (SCH J)
Adjustments to Separate Limitation Income (Loss) Categories for Determining Numerators of Limitation Fractions, Year-End Recharacterization Balances, and Overall Foreign and Domestic Loss Account Balances.
Form 1118 (SCH K)
Foreign Tax Carryover Reconciliation Schedule.
Form 1120
U.S. Corporation Income Tax Return.
Form 1120 (SCH B)
Additional Information for Schedule M-3 Filers.
Form 1120 (SCH D)
Capital Gains and Losses.
Form 1120 (SCH G)
Information on Certain Persons Owning the Corporation's Voting Stock.
Form 1120 (SCH H)
Section 280H Limitations for a Personal Service Corporation (PSC).
Form 1120 (SCH M-3)
Net Income (Loss) Reconciliation for Corporations With Total Assets of $10 Million of More.
Form 1120 (SCH N)
Foreign Operations of U.S. Corporations.
Form 1120 (SCH O)
Consent Plan and Apportionment Schedule for a Controlled Group.
Form 1120 (SCH PH)
U.S. Personal Holding Company (PHC) Tax.
Form 1120 (SCH UTP)
Uncertain Tax Position Statement.
Form 1120-C
U.S. Income Tax Return for Cooperative Associations.
Form 1120F
U.S. Income Tax Return of a Foreign Corporation.
Form 1120-F (SCH H)
Deductions Allocated to Effectively Connected Income Under Regulations Section 1.861-8.
Form 1120-F (SCH I)
Interest Expense Allocation Under Regulations Section 1.882-5.
Form 1120-F (SCH M1 & M2)
Reconciliation of Income (Loss) and Analysis of Unappropriated Retained Earnings per Books.
Form 1120-F (SCH M-3)
Net Income (Loss) Reconciliation for Foreign Corporations With Reportable Assets of $10 Million or More.
Form 1120-F (SCH P)
List of Foreign Partner Interests in Partnerships.
Form 1120-F(SCH S)
Exclusion of Income From the International Operation of Ships or Aircraft Under Section 883.
( printed page 2038)
Form 1120-F (SCH V)
List of Vessels or Aircraft, Operators, and Owners.
Form 1120-FSC
U.S. Income Tax Return of a Foreign Sales Corporation.
Form 1120FSC (SCH P)
Transfer Price or Commission.
Form 1120H
U.S. Income Tax Return for Homeowners Associations.
Form 1120-IC-DISC
Interest Charge Domestic International Sales Corporation Return.
Form 1120-IC-DISC (SCH K)
Shareholder's Statement of IC-DISC Distributions.
Form 1120-IC-DISC (SCH P)
Intercompany Transfer Price or Commission.
Form 1120-IC-DISC (SCH Q)
Borrower's Certificate of Compliance With the Rules for Producer's Loans.
Form 1120-L
U.S. Life Insurance Company Income Tax Return.
Form 1120-L (SCH M-3)
Net Income (Loss) Reconciliation for U.S. Life Insurance Companies With Total Assets of $10 Million or More.
Form 1120-ND *
Return for Nuclear Decommissioning Funds and Certain Related Persons.
Form 1120-PC
U.S. Property and Casualty Insurance Company Income Tax Return.
Form 1120-PC (SCH M-3)
Net Income (Loss) Reconciliation for U.S. Property and Casualty Insurance Companies With Total Assets of $10 Million or More.
Form 1120-POL
U.S. Income Tax Return for Certain Political Organizations.
Form 1120-REIT
U.S. Income Tax Return for Real Estate Investment Trusts.
Form 1120-RIC
U.S. Income Tax Return for Regulated Investment Companies.
Form 1120S
U.S. Income Tax Return for an S Corporation.
Form 1120S (SCH B-1)
Information on Certain Shareholders of an S Corporation.
Form 1120S (SCH D)
Capital Gains and Losses and Built-In Gains.
Form 1120S (SCH K-1)
Shareholder's Share of Income, Deductions, Credits, etc..
Form 1120S (SCH M-3)
Net Income (Loss) Reconciliation for S Corporations With Total Assets of $10 Million or More.
Form 1120-SF
U.S. Income Tax Return for Settlement Funds (Under Section 468B).
Form 1120-W
Estimated Tax for Corporations.
Form 1120-X
Amended U.S. Corporation Income Tax Return.
Form 1122
Authorization and Consent of Subsidiary Corporation to be Included in a Consolidated Income Tax Return.
Form 1125-A
Cost of Goods Sold.
Form 1125-E
Compensation of Officers.
Form 1127
Application for Extension of Time for Payment of Tax Due to Undue Hardship.
Form 1128
Application to Adopt, Change, or Retain a Tax Year.
Form 1138
Extension of Time For Payment of Taxes By a Corporation Expecting a Net Operating Loss Carryback.
Form 1139
Corporation Application for Tentative Refund.
Form 2220
Underpayment of Estimated Tax By Corporations.
Form 2438
Undistributed Capital Gains Tax Return.
Form 2439
Notice to Shareholder of Undistributed Long-Term Capital Gains.
Form 2553
Election by a Small Business Corporation.
Form 2848
Power of Attorney and Declaration of Representative.
Form 3115
Application for Change in Accounting Method.
Form 3468
Investment Credit.
Form 3520
Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts.
Form 3520-A
Annual Return of Foreign Trust With a U.S. Owner.
Form 3800
General Business Credit.
Form 4136
Credit for Federal Tax Paid on Fuels.
Form 4255
Recapture of Investment Credit.
Form 4466
Corporation Application for Quick Refund of Overpayment of Estimated Tax.
Form 4562
Depreciation and Amortization (Including Information on Listed Property).
Use this for formal legal and research references to the published document.
86 FR 2035
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Agency Information Collection Activities; Submission for OMB Review; Comment Request; U.S. Business Income Tax Return Forms,” thefederalregister.org (January 11, 2021), https://thefederalregister.org/documents/2021-00306/agency-information-collection-activities-submission-for-omb-review-comment-request-u-s-business-income-tax-return-forms.