[Federal Register Volume 60, Number 199 (Monday, October 16, 1995)]
[Proposed Rules]
[Page 53561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25313]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 31
[IA-30-95]
RIN 1545-AT86
Reporting of Nonpayroll Withheld Tax Liabilities
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Notice of proposed rulemaking by cross-reference to temporary
regulations.
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SUMMARY: In the Rules and Regulations section of this issue of the
Federal Register, the IRS is issuing temporary regulations relating to
the reporting of nonpayroll withheld income taxes under section 6011 of
the Internal Revenue Code. The text of the temporary regulations also
serves as the text for this notice of proposed rulemaking.
DATES: Written comments and requests for a public hearing must be
received by December 15, 1995.
ADDRESSES: Send submissions to: CC:DOM:CORP:T:R (IA-30-95), room 5228,
Internal Revenue Service, POB 7604, Ben Franklin Station, Washington,
DC 20044. In the alternative, submissions may be hand delivered between
the hours of 8 a.m. and 5 p.m. to: CC:DOM:CORP:T:R (IA-30-95),
Courier's Desk, Internal Revenue Service, 1111 Constitution Ave. NW.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: Vincent G. Surabian, (202) 622-6232
(not a toll-free number).
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act
The collection of information contained in this notice of proposed
rulemaking has been submitted to the Office of Management and Budget
(OMB) for review in accordance with the Paperwork Reduction Act of 1995
(44 U.S.C. 3507). The collection of information is in Sec. 31.6011(a)-
4T(b). This information is required by the IRS to monitor compliance
with the federal tax rules related to the reporting and deposit of
nonpayroll withheld taxes.
Comments on the collection of information should be sent to the
Office of Management and Budget, Attn: Desk Officer for the Department
of the Treasury, Office of Information and Regulatory Affairs,
Washington, DC 20503, with copies to the Internal Revenue Service,
Attn: IRS Reports Clearance Officer, PC:FP, Washington, DC 20224. To
ensure that comments on the collection of information may be given full
consideration during the review by the Office of Management and Budget,
comments on the collection of information should be received by
December 15, 1995.
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 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.
Estimates of the reporting burden in this Notice of Proposed
Rulemaking will be reflected in the burden of Form 945.
Background
The temporary regulations published in the Rules and Regulations
section of this issue of the Federal Register contain an amendment to
the Regulations on Employment Taxes and Collection of Income Tax at
Source (26 CFR part 31). This amendment relates to the reporting of
nonpayroll withheld tax liabilities. The temporary regulations change
the rule regarding the filing of Form 945, Annual Return of Withheld
Federal Income Tax, for a calendar year in which there is no liability.
The text of those temporary regulations also serves as the text of
these proposed regulations. The preamble to the temporary regulations
explains these proposed regulations.
Special Analyses
It has been determined that this notice of proposed rulemaking is
not a significant regulatory action as defined in EO 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) and the Regulatory Flexibility Act (5 U.S.C. chapter 6) do
not apply to these regulations, and, therefore, a Regulatory
Flexibility Analysis is not required. Pursuant to section 7805(f) of
the Internal Revenue Code, this notice of proposed rulemaking will be
submitted to the Chief Counsel for Advocacy of the Small Business
Administration for comment on its 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 comments (preferably a
signed original and eight (8) copies) that are timely submitted to the
IRS. All comments will be available for public inspection and copying.
A public hearing may be scheduled if requested in writing by a person
that timely submits written comments. If a public hearing is scheduled,
notice of the date, time, and place for the hearing will be published
in the Federal Register.
Drafting Information. The principal author of these regulations
is Vincent G. Surabian, Office of Assistant Chief Counsel (Income
Tax and Accounting). However, other personnel from the IRS and
Treasury Department participated in their development.
List of Subjects in 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. In Sec. 31.6011(a)-4, paragraph (b) is revised to read as
follows:
Sec. 31.6011(a)-4 Returns of income tax withheld.
* * * * *
(b) [The text of this proposed paragraph (b) is the same as the
text of Sec. 31.6011(a)-4T(b) published elsewhere in this issue of the
Federal Register].
* * * * *
Margaret Milner Richardson,
Commissioner of Internal Revenue.
[FR Doc. 95-25313 Filed 10-13-95; 8:45 am]
BILLING CODE 4830-01-U
