[Federal Register Volume 73, Number 249 (Monday, December 29, 2008)]
[Proposed Rules]
[Pages 79423-79424]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30592]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 31
[REG-148568-04]
RIN 1545-BD93
Employer's Annual Federal Tax Return and Modifications to the
Deposit Rules
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Notice of proposed rulemaking by cross-reference to temporary
regulations.
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SUMMARY: This document revises the notice of proposed rulemaking
published in the Federal Register on January 3, 2006. In the Rules and
Regulations section of this issue of the Federal Register, the IRS is
issuing temporary regulations relating to the annual filing of Federal
employment tax returns and requirements for employment tax deposits
under sections 6011 and 6302 of the Internal Revenue Code (Code). Those
temporary regulations generally allow certain employers to file a Form
944, ``Employer's ANNUAL Federal Tax Return,'' rather than Form 941,
``Employer's QUARTERLY Federal Tax Return.'' In addition to rules
related to Form 944, those temporary regulations provide an additional
method for employers who file Form 941 to determine whether the amount
of accumulated employment taxes is considered de minimis. The temporary
and proposed regulations affect taxpayers that file Form 941,
``Employer's QUARTERLY Federal Tax Return,'' Form 944, ``Employer's
ANNUAL Federal Tax Return,'' and any related Spanish-language returns
or returns for U.S. possessions. The text of those regulations also
serves as the text of these proposed regulations.
DATES: Written or electronic comments and requests for a public hearing
must be received by March 30, 2009.
ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG-148568-04), room
5203, Internal Revenue Service, POB 7604, Ben Franklin Station,
Washington, DC 20044. Submissions may be hand-delivered Monday through
Friday between the hours of 8 a.m. and 4 p.m. to: CC:PA:LPD:PR (REG-
148568-04), Courier's Desk, Internal Revenue Service, 1111 Constitution
Avenue, NW., Washington, DC, or sent electronically via the Federal
eRulemaking Portal at http://www.regulations.gov (IRS REG-148568-04).
FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations,
Audra M. Dineen at (202) 622-4910; concerning submissions of comments
and requests for a public hearing, Oluwafunmilayo Taylor of the
Publications and Regulations Branch at (202) 622-7180 (not toll-free
numbers).
SUPPLEMENTARY INFORMATION:
Background
Temporary regulations in the Rules and Regulations section of this
issue of the Federal Register amend the Regulations on Employment Taxes
and Collection of Income Tax at Source (26 CFR part 31) under section
6011 relating to the federal employment tax return filing requirements
and section 6302 relating to the employment tax deposit requirements.
The regulations concern the reporting and paying of income taxes
withheld from wages and taxes under the Federal Insurance Contributions
Act (FICA). The text of those temporary regulations also serves as the
text of these proposed regulations. The preamble to the temporary
regulations explains the temporary regulations and these proposed
regulations. The temporary and proposed regulations are part of the
IRS's effort to reduce taxpayer burden by permitting certain employers
to file one return annually to report their employment tax liabilities
instead of four quarterly returns.
Proposed Effective/Applicability Date
The regulations, as proposed, will apply to taxable years ending on
or after the date of publication of the Treasury decision adopting
these rules as final regulations in the Federal Register.
Special Analyses
It has been determined that this notice of proposed rulemaking is
not a significant regulatory action as defined in Executive Order
12866. Therefore, a regulatory assessment is not required. It also has
been determined that section 553(b) of the Administrative Procedure Act
(5 U.S.C. chapter 5) does not apply to these regulations.
It is hereby certified that these regulations will not have a
significant economic impact on a substantial number of small entities
pursuant to the Regulatory Flexibility Act (5 U.S.C. Chapter 6). The
regulations under sections 6011 and 6302 affect only a small number of
taxpayers that file employment tax returns. Therefore, the Treasury
Department and the IRS have determined that these regulations will not
affect a substantial number of small entities. In addition, the
Treasury Department and the IRS have determined that any impact on
entities affected by the regulations will not be significant. The
regulations merely allow certain employers to file their employment tax
return annually rather than quarterly. Therefore, these regulations
will reduce the burden on these employers, by reducing the number of
returns they must file each year. Based on these facts, the IRS has
determined that these regulations will not have a significant economic
impact on a substantial number of small entities. Pursuant to section
7805(f) of the Internal Revenue Code, this regulation has been
submitted to the Chief Counsel for Advocacy of the Small Business
Administration for comment on their impact on small business.
Comments and Requests for a Public Hearing
Before these proposed regulations are adopted as final regulations,
consideration will be given to any written (a signed original and eight
(8) copies) or electronic comments that are submitted timely to the
IRS. The IRS and Treasury Department request comments on the substance
of the
[[Page 79424]]
proposed regulations, as well as on the clarity of the proposed rules
and how they can be made easier to understand. All comments will be
available for public inspection and copying. 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 authors of these final regulations are Raymond Bailey
and Audra M. Dineen of the Office of the Associate Chief Counsel
(Procedure and Administration).
List of Subjects 26 CFR Part 31
Employment taxes, Income taxes, Penalties, Pensions, Railroad
retirement, Reporting and recordkeeping requirements, Social security,
Unemployment compensation.
Proposed Amendments to the Regulations
Accordingly, 26 CFR part 31 is proposed to be amended as follows:
PART 31--EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE
Paragraph. 1. The authority citation for part 31 continues to read
in part as follows:
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 31.6011(a)-1, which was proposed to be amended at
71 FR 46 on January 3, 2006, is further amended by revising paragraph
(a)(1) and paragraph (a)(5) and adding paragraph (g) to read as
follows:
Sec. 31.6011(a)-1 Returns under Federal Insurance Contributions Act.
(a) * * * (1) [The text of proposed Sec. 31.6011(a)-1(a)(1) is the
same as the text of Sec. 31.6011(a)-1T(a)(1) published elsewhere in
this issue of the Federal Register].
* * * * *
(5) [The text of proposed Sec. 31.6011(a)-1(a)(5) is the same as
the text of Sec. 31.6011(a)-1T(a)(5) published elsewhere in this issue
of the Federal Register].
* * * * *
(g) [The text of proposed Sec. 31.6011(a)-1(g) is the same as the
text of Sec. 31.6011(a)-1T(g) published elsewhere in this issue of the
Federal Register].
Par. 3. Section 31.6011(a)-4, which was proposed to be amended at
71 FR 46 (January 3, 2006), is further amended by revising paragraphs
(a)(1) and (a)(4) and adding paragraph (d) to read as follows:
Sec. 31.6011(a)-4 Returns of income tax withheld.
(a)* * *(1) [The text of proposed Sec. 31.6011(a)-4(a)(1) is the
same as the text of Sec. 31.6011(a)-4T(a)(1) published elsewhere in
this issue of the Federal Register].
* * * * *
(4) [The text of proposed Sec. 31.6011(a)-4(a)(4) is the same as
the text of Sec. 31.6011(a)-4T(a)(4) published elsewhere in this issue
of the Federal Register].
* * * * *
(d) [The text of proposed Sec. 31.6011(a)-4(d) is the same as the
text of Sec. 31.6011(a)-4T(d) published elsewhere in this issue of the
Federal Register].
Par. 4. Section 31.6302-0 is amended by revising the entries for
Sec. 31.6302-1(f)(4)(i), (g)(1) and (n) to read as follows:
Sec. 31.6302-0 Table of contents.
* * * * *
Sec. 31.6302-1 Federal tax deposit rules for withheld income taxes
and taxes under the Federal Insurance Contributions Act (FICA)
attributable to payments made after December 31, 1992.
* * * * *
(f) * * *
(4) * * *
(i) [The text of the proposed entry for Sec. 31.6302-1(f)(4)(i) is
the same as the text of the entry for Sec. 31.6302-1T(f)(4)(i)
published elsewhere in this issue of the Federal Register].
* * * * *
(g) * * *
(1) [The text of the proposed entry for Sec. 31.6302-1(g)(1) is
the same as the text of the entry for Sec. 31.6302-1T(g)(1) published
elsewhere in this issue of the Federal Register].
* * * * *
(n) [The text of the proposed entry for Sec. 31.6302-1(n) is the
same as the text of the entry for Sec. 31.6302-1T(n) published
elsewhere in this issue of the Federal Register].
Par. 5. Section 31.6302-1, which was proposed to be amended at 71
FR 46 on January 3, 2006, is further amended by revising paragraphs
(b)(4), (c)(5), (c)(6), (d) Example 6, (e)(2), (f)(4), (f)(5) Example
3, (g)(1) and (n) to read as follows:
Sec. 31.6302-1 Federal tax deposit rules for withheld income taxes
and taxes under the Federal Insurance Contributions Act (FICA)
attributable to payments made after December 31, 1992.
* * * * *
(b)* * *
* * * * *
(4) [The text of proposed Sec. 31.6302-1(b)(4) is the same as the
text of Sec. 31. 6302-1T(b)(4) published elsewhere in this issue of
the Federal Register].
(c) * * *
(5) [The text of proposed Sec. 31.6302-1(c)(5) is the same as the
text of Sec. 31. 6302-1T(c)(5) published elsewhere in this issue of
the Federal Register].
(6) [The text of proposed Sec. 31.6302-1(c)(6) is the same as the
text of Sec. 31. 6302-1T(c)(6) published elsewhere in this issue of
the Federal Register].
(d)* * *
Example 6. [The text of proposed Sec. 31.6302-1(d) Example 6 is
the same as the text of Sec. 31. 6302-1T(d) Example 6 published
elsewhere in this issue of the Federal Register].
(e) * * *
(2) [The text of proposed Sec. 31.6302-1(e)(2) is the same as the
text of Sec. 31. 6302-1T(e)(2) published elsewhere in this issue of
the Federal Register].
(f) * * *
(4) [The text of proposed Sec. 31.6302-1(f)(4) is the same as the
text of Sec. 31. 6302-1T(f)(4) published elsewhere in this issue of
the Federal Register].
(5) * * *
Example 3. [The text of proposed Sec. 31.6302-1(f)(5) Example 3 is
the same as the text of Sec. 31. 6302-1T(f)(5) Example 3 published
elsewhere in this issue of the Federal Register].
(g) * * * (1) [The text of proposed Sec. 31.6302-1(g)(1) is the
same as the text of Sec. 31. 6302-1T(g)(1) published elsewhere in this
issue of the Federal Register].
* * * * *
(n) [The text of proposed Sec. 31.6302-1(n) is the same as the
text of Sec. 31. 6302-1T(n)(1) published elsewhere in this issue of
the Federal Register].
* * * * *
Linda E. Stiff,
Deputy Commissioner for Services and Enforcement.
[FR Doc. E8-30592 Filed 12-24-08; 8:45 am]
BILLING CODE 4830-01-P