SUPPLEMENTARY INFORMATION:

The IRS, in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the IRS assess the impact and minimize the burden of its information collection requirements. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record, and viewable on relevant websites. For this reason, please do not include in your comments information of a confidential nature, such as sensitive personal information. Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information.

Title: Certification for Exceptions to the 10% Additional Tax.

OMB Control Number: 1545-2317.

Guidance Numbers: IRS Notice 2024-2, IRS Notice 2024-55, and IRS Notice 2026-33.

Abstract: Section 72(t)(1) generally imposes a 10 percent additional tax on any distribution from a qualified retirement plan within the meaning of section 4974(c), unless the distribution qualifies for one of the exceptions listed in section 72(t)(2).

IRS Notice 2024-2 provides guidance in the form of questions and answers regarding the implementation of several provisions of the SECURE 2.0 Act of 2022, which made significant changes to retirement plan rules under the Internal Revenue Code. The collection requirements include third-party disclosure and recordkeeping requirements for certifications of terminal illnesses.

IRS Notice 2024-55 provides guidance on the exceptions to the 10 percent additional tax for early distributions from retirement plans for emergency personal expenses and for victims of domestic abuse, as enacted by the SECURE 2.0 Act. The collection requirements include third-party disclosure and recordkeeping requirements for emergency personal expense or domestic abuse certifications.

IRS Notice 2026-33 provides guidance on qualified long-term care distributions, as permitted under section 401(a)(39) of the Internal Revenue Code. In particular, the notice provides guidance to providers of certified long-term care insurance (issuers) relating to the disclosure and reporting requirements under sections 401(a)(39) and 6050Z. In addition, the notice provides guidance under sections 72(t)(2)(N) and 401(a)(39) to plan administrators making and individuals receiving qualified long-term care distributions, including setting forth safe harbors for plan administrators in ( printed page 38081) making qualified long-term care distributions. The collection requirements include third-party disclosure and recordkeeping requirements related to issuer disclosures and long-term care premium statements.

Current Actions: IRS is adding the collection requirements from IRS Notice 2026-33 to the OMB approval for 1545-2317. This revision will increase the burden estimates by 150 responses and 450 hours.

Type of Review: Revision of a currently approved collection.

Affected Public: Individuals and Households, Business or other for-profit organizations.

Estimated Number of Responses: 225,650.

Estimated Time per Response: 3 minutes up to 3 hours.

Estimated Total Annual Burden Hours: 11,825.

91 FR 38080