[Federal Register Volume 64, Number 9 (Thursday, January 14, 1999)]
[Notices]
[Pages 2534-2535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-887]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
[REG-242282-97]
Proposed Collection; Comment Request For Regulation Project
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Notice and request for comments.
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SUMMARY: The Department of the Treasury, as part of its continuing
effort to reduce paperwork and respondent burden, invites the general
public and other Federal agencies to take this opportunity to comment
on proposed and/or continuing information collections, as required by
the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C.
3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning an
existing final regulation, REG-242282-97 (TD 8734), General Revision of
Regulations Relating to Withholding of Tax on Certain U.S. Source
Income Paid to Foreign Persons and Related Collection, Refunds and
Credits; Revision of Information Reporting and Backup Withholding
Regulations; and Removal of Regulations Under Part 35a and of Certain
Regulations Under Income Tax Treaties (1.1441-1(e), 1.1441-4(a)(2),
1.1441-4(b)(1) and (2), 1.1441-4(c), (d), and (e), 1.1441-5(b)(2)(ii),
1.1441-5(c)(1), 1.1441-6(b) and (c), 1.1441-8(b), 1.1441-9(b), 1.1461-
1(b) and (c), 301.6114-1, 301.6402-3(e), and 31.3401(a)(6)-1(e)).
DATES: Written comments should be received on or before March 15, 1999
to be assured of consideration.
ADDRESSES: Direct all written comments to Garrick R. Shear, Internal
Revenue
[[Page 2535]]
Service, room 5571, 1111 Constitution Avenue NW., Washington, DC 20224.
FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the regulation should be directed to Carol Savage, (202) 622-
3945, Internal Revenue Service, room 5569, 1111 Constitution Avenue NW,
Washington, DC 20224.
SUPPLEMENTARY INFORMATION:
Title: General Revision of Regulations Relating to Withholding of
Tax on Certain U.S. Source Income Paid to Foreign Persons and Related
Collection, Refunds and Credits; Revision of Information Reporting and
Backup Withholding Regulations; and Removal of Regulations Under Part
35a and of Certain Regulations Under Income Tax Treaties.
OMB Number: 1545-1484.
Regulations Project Number: REG-242282-97 (formerly INTL-62-90;
INTL-32-93; INTL-52-86; INTL-52-94).
Abstract: This regulation prescribes collections of information for
foreign persons that received payments subject to withholding under
sections 1441, 1442, 1443, or 6114 of the Internal Revenue Code. This
information is used to claim foreign person status and, in appropriate
cases, to claim residence in a country with which the United States has
an income tax treaty in effect, so that withholding at a reduced rate
of tax may be obtained at source. The regulation also prescribes
collections of information for withholding agents. This information is
used by withholding agents to report to the IRS income paid to a
foreign person that is subject to withholding under Code sections 1441,
1442, and 1443. The regulation also requires that a foreign taxpayer
claiming a reduced amount of withholding tax under the provisions of an
income tax treaty must disclose its reliance upon a treaty provision by
filing Form 8833 with its U.S. income tax return.
Current Actions: There is no change to this existing regulation.
Type of Review: Extension of a currently approved collection.
Affected Public: Business or other for-profit organizations,
individuals or households, not-for-profit institutions, farms, and
Federal, state, local or tribal governments.
The burden for the reporting requirements is reflected in the
burden of Forms W-8BEN, W-8ECI, W-8EXP, W-8IMY, 1042, 1042S, 8233,
8833, and the income tax return of a foreign person filed for purposes
of claiming a refund of tax.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless the collection of
information displays a valid OMB control number. Books or records
relating to a collection of information must be retained as long as
their contents may become material in the administration of any
internal revenue law. Generally, tax returns and tax return information
are confidential, as required by 26 U.S.C. 6103.
Request for Comments: 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. 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.
Approved: January 7, 1999.
Garrick R. Shear,
IRS Reports Clearance Officer.
[FR Doc. 99-887 Filed 1-13-99; 8:45 am]
BILLING CODE 4830-01-U
