[Federal Register Volume 64, Number 218 (Friday, November 12, 1999)]
[Rules and Regulations]
[Pages 61498-61502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29084]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 1, 301, and 602
[TD 8841]
RIN 1545-AU99
Return of Partnership Income
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Final regulations.
-----------------------------------------------------------------------
SUMMARY: This document contains final regulations revising the
partnership filing requirement. These regulations reflect changes to
the law made by the Taxpayer Relief Act of 1997 (TRA). All partnerships
required to file partnership returns, including certain foreign
partnerships, are affected by these regulations.
DATES: Effective Dates: These regulations are effective January 1,
2000, except that Sec. 1.6031(a)-1(b)(3) is effective January 1, 2001.
Applicability Dates: For dates of applicability, see
Secs. 1.6031(a)-1(f) and 1.6063-1(c)(2).
FOR FURTHER INFORMATION CONTACT: Concerning the regulations, Martin
Schaffer, 202-622-3070; concerning foreign partnerships, Guy A.
Bracuti, 202-622-3860 (not toll-free numbers).
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act
The collection of information contained in these final regulations
has been reviewed and approved by the Office of Management and Budget
in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)) under control number 1545-1583. The collection of information
in these final regulations is in Sec. 1.6031(a)-1. This information is
required to enable the IRS to verify that a taxpayer is reporting the
correct amount of income or gain or claiming the correct amount of
losses, deductions, or credits from that taxpayer's interest in the
partnership.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a valid
control number.
The burden is reflected in the burden estimate of Form 1065.
Comments concerning the accuracy of this burden estimate and
suggestions for reducing this burden should be sent to the
Internal Revenue Service, Attn: IRS Reports Clearance Officer, T:FS:FP,
Washington, DC 20224, and
Office of Management and Budget, Attn: Desk Officer for the Department
of the Treasury, Office of Information and Regulatory Affairs,
Washington, DC 20503.
Books or records relating to a collection of information must be
retained as long as their contents might 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.
Background
On January 26, 1998, the IRS and Treasury published in the Federal
Register (63 FR 3677) proposed amendments to the regulations (REG-
209322-82) under sections 6031 and 6063 of the Internal Revenue Code
(Code). These amendments were designed, in part, to reflect changes
made to section 6031 of the Code by section 1141 of TRA, Public Law
105-34 (111 Stat. 788). Written comments responding to these proposed
regulations were received. No public hearing was requested or held.
After consideration of all the comments, the proposed regulations under
sections 6031 and 6063 of the Code are adopted as revised by this
Treasury decision, and the current final regulations under section 6031
of the Code are removed.
Explanation of Revisions and Summary of Comments
A. General Filing Requirements for Foreign Partnerships
Section 6031(a) of the Code requires every partnership to file a
partnership return. However, section 6031(e) of the Code provides that
a foreign partnership is not required to file a return for a taxable
year unless during that year it derives gross income from sources
within the United States (U.S.-source income) or has gross income that
is effectively connected with the conduct of a trade or business within
the United States (ECI).
Consistent with section 6031(e) of the Code, the proposed
regulations generally required a foreign partnership to file a return
under section 6031 of the Code if it had either U.S.-source income or
ECI. This general rule is adopted without change in the final
regulations.
B. Exceptions to General Filing Requirements
Under the proposed regulations, a foreign partnership that had no
ECI, and that otherwise was required to file a partnership return only
because it had U.S.-source income, was exempt from the requirement to
file a partnership return if: (i) No United States person had a direct
or indirect interest in the partnership; (ii) the U.S.-source income
was either fixed or determinable annual or periodical income described
in Sec. 1.1441-2(b) or other amounts subject to withholding described
in Sec. 1.1441-2(c); (iii) Forms 1042 and 1042-S were filed with
respect to all such gross income by the partnership, or by another
withholding agent (or agents) if the partnership was not required to
file such forms; and (iv) the tax liability of the partners with
respect to such gross income was fully satisfied by the withholding of
tax at source. Most of the written comments received with respect to
the proposed regulations requested that the IRS and Treasury modify
this proposed exception to the foreign partnership filing requirement.
In response to these comments, the final regulations liberalize the
exceptions in certain instances for foreign partnerships that have
U.S.-source income but no ECI. The changes are designed to reduce
duplicative filing requirements where other information reporting and
withholding requirements provide adequate protection for the tax system
and to recognize that where there is de minimis ownership in a foreign
partnership by U.S. partners, the return filing requirements should not
be invoked merely because the partnership earns any amount of U.S.-
source income.
The final regulations contain three rules that modify the reporting
obligations of certain foreign partnerships that have no ECI. These
modified reporting rules, with the exception of the de minimis
exception, are applicable for partnership taxable years beginning after
December 31, 2000, because they are dependent on rules contained in
Secs. 1.1441-5(c) and 1.1461-1, which will be applicable only after
December 31, 2000. See Notice 99-27 (1999-20 I.R.B. 75). The de minimis
[[Page 61499]]
exception, however, will be effective for partnership taxable years
beginning after December 31, 1999, the general effective date of these
regulations.
The modified reporting rules contain some common requirements. None
of these rules will apply to a withholding foreign partnership (as
defined in Sec. 1.1441-5(c)(2)(i)). Also, with the exception of the de
minimis rule, the modified reporting rules will apply only when one or
more withholding agents file the required Forms 1042 and 1042-S and pay
the associated withholding tax.
The first modified reporting rule is the de minimis exception. This
rule provides that a foreign partnership (other than a withholding
foreign partnership, as defined in Sec. 1.1441-5(c)(2)(i)) with $20,000
or less of U.S.-source income and no ECI is required to file a
partnership return only if one percent or more of any item of
partnership gain, loss, deduction, or credit is allocable in the
aggregate to direct U.S. partners.
The second modified reporting rule, which also was contained in the
proposed regulations, provides that a foreign partnership with U.S.-
source income but no ECI and no U.S. partners is not required to file a
partnership return. Under the third rule, a foreign partnership with
U.S.-source income and one or more U.S. partners but no ECI must file a
partnership return. However, such a partnership need file Schedules K-1
only for its direct U.S. partners and for its passthrough partners
through which U.S. partners hold an interest in the foreign
partnership.
The final regulations do not require a foreign partnership to
provide Schedules K-1 for foreign partners deriving U.S.-source income
that is not ECI, because the foreign partners are subject to
information reporting on Forms 1042-S under the rules contained in
Secs. 1.1441-5(c) and 1.1461-1 of the regulations. These rules
generally subject the foreign partners, and not the partnership, to an
information reporting regime with respect to U.S.-source income (that
is not ECI) paid to a foreign partnership. To the extent that
information returns are not required for foreign partners under section
1461 of the Code, the IRS and Treasury have determined that reporting
under section 6031 of the Code is unnecessary as long as the foreign
partnership has no ECI. Accordingly, a foreign partnership with no ECI
need not report on a Schedule K-1 a foreign partner's allocable share
of items of income, including U.S.-source gains that are not subject to
Form 1042-S reporting, deposit interest under section 871(i) of the
Code, and interest or OID on short-term obligations under section
871(g) of the Code.
In contrast to the rule for U.S.-source income, the exception to
Schedule K-1 reporting does not apply to a foreign partner's allocable
share of ECI. Under the information reporting rules in Secs. 1.1441-
5(c)(1)(ii)(B) and 1.1461-1(c) of the regulations, ECI must be reported
to a foreign partnership rather than to the foreign partners directly.
In addition, because ECI is subject to tax on a net basis, a foreign
partnership must provide a foreign partner's allocable share of other
items of partnership income, gain, loss, or deduction to properly
calculate the net taxable income. Therefore, if a foreign partnership
has ECI, it must file a complete partnership return (with Schedules K-1
for all partners) reflecting all items of partnership income, gain,
loss, deduction, and credit.
C. Partners That Are Controlled Foreign Corporations
One commentator suggested that a foreign partnership should not
have to file under section 6031 of the Code if it has no direct U.S.
partners and its only U.S.-source income is bank deposit interest under
section 871(i) of the Code. The exception to the filing requirement in
Sec. 1.6031(a)-1(b)(2) of the proposed regulations did not apply to
foreign partnerships with direct or indirect U.S. partners. Thus,
according to the commentator, this exception did not apply to a common,
nonabusive situation in which a controlled foreign corporation (CFC) is
a partner in a foreign partnership whose only U.S.-source income is
interest earned on a U.S. bank account. (Foreign partners do not owe
U.S. tax on this interest income; see section 871(i) of the Code and
Sec. 1.1441-2(a) of the regulations (final sentence). In addition, a
U.S. person who controls a CFC must report such income on Form 5471;
see Sec. 1.6038-2.)
The term indirect interest was not defined in the proposed
regulations. Thus, whether a U.S. shareholder of a CFC partner held an
indirect interest in the foreign partnership was not clear. These final
regulations define the term United States partner as any U.S. person
owning a direct or indirect interest in the foreign partnership. An
indirect interest is defined as any interest held through one or more
passthrough partners (as defined in section 6231(a)(9) of the Code). A
passthrough partner is a partnership, estate, trust, S corporation,
nominee, or other similar person. Because a CFC is not a passthrough
partner, the U.S. shareholder of a CFC has no indirect interest in the
foreign partnership under these final regulations. Accordingly, a
partnership with no ECI need not file a return solely as a result of
having a CFC partner.
D. Responsibility To Ensure Filing of Forms 1042 and 1042-S and Payment
of Associated Tax
As stated above, a foreign partnership may avail itself of the
modified filing requirements in Sec. 1.6031(a)-1(b)(3) of these
regulations, for partnership taxable years beginning after December 31,
2000, only if it or another withholding agent actually files the Forms
1042 and 1042-S and pays the associated tax. A commentator suggested
that a foreign partnership with no withholding responsibility should
not have the burden of ensuring that another withholding agent has
properly filed Forms 1042-S in order to invoke the modified filing
requirements.
Where a withholding agent fails to withhold (and to file the
requisite forms) with respect to a partner in a foreign partnership,
the Service might be unable to assess and collect the proper tax
without information from a partnership return. A partnership return
provides the Service with the name of the foreign partner and the
amount subject to withholding. Accordingly, these final regulations do
not adopt the comment.
While this comment is not adopted, certain relief still may be
available. Each person who has control, receipt, custody, or payment of
an amount subject to withholding is a withholding agent and is
responsible for withholding tax and filing Forms 1042 and 1042-S.
Generally, a foreign partnership is a withholding agent and must
withhold tax and file the requisite forms. Under Sec. 1.1461-1(b) and
(c), one withholding agent among several may be relieved of its
responsibility to withhold if another withholding agent withholds tax
and files the proper returns. However, Sec. 1.1441-5(c)(3)(v) augments
this rule by deeming a foreign partnership (other than a withholding
foreign partnership as defined in Sec. 1.1441-5(c)(2)(i)) to have
satisfied its withholding responsibilities for an amount with respect
to a partner to the extent that the partner's distributive share of the
payment can be reliably associated with a withholding certificate
described in Sec. 1.1441-5(c)(3)(iii) pertaining to the partner that
the partnership has furnished to a withholding agent, and the
partnership does not know or has no reason to know that the correct
amount has not been withheld. These final regulations do not alter the
result under Sec. 1.1441-5(c)(3)(v). In addition, if a foreign
[[Page 61500]]
partnership reasonably relies on a modified filing requirement under
these regulations, but the modification is inapplicable because no
party has satisfied withholding responsibilities, the partnership
should be able to show that its failure to file a partnership return
was due to reasonable cause for purposes of section 6698 of the Code if
the foreign partnership is deemed to have satisfied its withholding
responsibilities under Sec. 1.1441-5(c)(3)(v).
E. Partnership Level Elections Under Section 703 of the Code
A commentator suggested that an abbreviated return should be
permitted where a foreign partnership would be exempt from the filing
requirement but for a partnership level election under section 703 of
the Code. These final regulations clarify that a return filed solely to
make an election under section 703 of the Code need contain only
information identifying the partnership and the type of election. In
general, such a return is not considered to be a return filed under
section 6031(a) of the Code. Therefore, a return filed solely to make
an election is not a partnership return for purposes of section 6501
(regarding the statute of limitations) and sections 6231(a)(1)(A) and
6233 (regarding the partnership audit rules) of the Code.
Section 1.6031(a)-1(b)(3)(ii) of the proposed regulations provided
that a return filed by or for a foreign partnership to make a section
703 election must be signed by each partner who was a partner at the
time of election or by any partner who was authorized (under local law
or the partnership's organizational documents) to make the election and
who represented having such authority under penalties of perjury. A
commentator suggested that the signature requirement for returns filed
solely to make a partnership level election should be restricted to
partners who are U.S. persons or are owned directly or indirectly by
U.S. persons. These final regulations do not adopt this comment but
maintain the signature requirement as proposed. Cf. Sec. 301.7701-
3(c)(2) setting forth the same signature requirement for entity
classification elections.
F. Electing Out of Subchapter K Under Section 761 of the Code
A commentator suggested that the final regulations should provide a
default rule under which a foreign partnership with no direct U.S.
partners that is eligible to elect out of subchapter K of the Code
would be deemed to have elected exclusion. Under Sec. 1.6031(a)-1(c)(2)
of the proposed regulations, a partnership that was deemed to have
elected exclusion from subchapter K, as specified in Sec. 1.761-
2(b)(2)(ii), would be exempt from the partnership filing requirement.
According to the commentator, for joint ventures in which all the
direct owners are foreign, it is often difficult to clearly demonstrate
an intention to exclude the entity from U.S. partnership treatment, as
required by the section 761 regulations. To avoid inconsistency with
the requirements for deemed exclusion under section 761 of the Code,
these final regulations maintain the rule as proposed.
Special Analyses
It has been determined that these regulations are 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 the
collection of information contained in these regulations will not have
a significant economic impact on a substantial number of small
entities. This certification is based on the fact that the regulations
would reduce (rather than increase) the number of small entities that
are required to file a partnership return. Specifically, the
regulations eliminate the filing requirements for certain foreign
partnerships that are fully subject to withholding in order to prevent
duplicative filing requirements. In addition to eliminating the filing
requirements in these circumstances, for ease of reference, the
regulations update and restate the general requirements to file a
partnership return as set forth in existing regulations. Because these
regulations do not impose any new reporting requirements that are not
imposed by the existing regulations, and the only significant
modification of the existing regulations is to eliminate the filing
requirement for certain foreign partnerships, the regulations will not
have a significant economic impact on a substantial number of small
entities. Accordingly, a Regulatory Flexibility Analysis under the
Regulatory Flexibility Act (5 U.S.C. chapter 6) is not required.
Pursuant to section 7805(f) of the Code, the proposed regulations
preceding these regulations were submitted to the Chief Counsel for
Advocacy of the Small Business Administration for comment on its impact
on small business.
Drafting Information: The principal authors of these regulations
are Martin Schaffer, Office of Assistant Chief Counsel (Passthroughs
and Special Industries), and Guy A. Bracuti, Office of Associate Chief
Counsel (International). However, other personnel from the IRS and
Treasury Department participated in their development.
List of Subjects
26 CFR Part 1
Income taxes, Reporting and recordkeeping requirements.
26 CFR Part 301
Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income
taxes, Penalties, Reporting and recordkeeping requirements.
26 CFR Part 602
Reporting and recordkeeping requirements.
Adoption of Amendments to the Regulations
Accordingly, 26 CFR parts 1, 301, and 602 are amended as follows:
PART 1--INCOME TAXES
Paragraph 1. The authority citation for part 1 is amended by adding
an entry in numerical order to read in part as follows:
Authority: 26 U.S.C. 7805. * * *
Section 1.6031(a)-1 also issued under 26 U.S.C. 6031. * * *
Sec. 1.6031-1 [Removed]
Par. 2. Section 1.6031-1 is removed.
Par. 3. Section 1.6031(a)-1 is added to read as follows:
Sec. 1.6031(a)-1 Return of partnership income.
(a) Domestic partnerships--(1) Return required. Except as provided
in paragraphs (a)(3) and (c) of this section, every domestic
partnership must file a return of partnership income under section 6031
(partnership return) for each taxable year on the form prescribed for
the partnership return. The partnership return must be filed for the
taxable year of the partnership regardless of the taxable years of the
partners. For taxable years of a partnership and of a partner, see
section 706 and Sec. 1.706-1. For the rules governing partnership
statements to partners and nominees, see Sec. 1.6031(b)-1T.
(2) Content of return. The partnership return must contain the
information required by the prescribed form and the accompanying
instructions.
(3) Special rule. A partnership that has no income, deductions, or
credits
[[Page 61501]]
for federal income tax purposes for a taxable year is not required to
file a partnership return for that year.
(4) Failure to file. For the consequences of a failure to comply
with the requirements of section 6031(a) and this paragraph (a), see
sections 6229(a), 6231(f), 6698, and 7203.
(b) Foreign partnerships--(1) General rule. A foreign partnership
is not required to file a partnership return, if the foreign
partnership does not have gross income that is (or is treated as)
effectively connected with the conduct of a trade or business within
the United States (ECI) and does not have gross income (including
gains) derived from sources within the United States (U.S.-source
income). Except as provided in paragraphs (b)(2) and (3) of this
section, a foreign partnership that has ECI or has U.S.-source income
that is not ECI must file a partnership return for its taxable year in
accordance with the rules for domestic partnerships in paragraph (a) of
this section.
(2) Foreign partnerships with de minimis U.S.-source income and de
minimis U.S. partners. A foreign partnership (other than a withholding
foreign partnership, as defined in Sec. 1.1441-5(c)(2)(i)) that has
$20,000 or less of U.S.-source income and has no ECI during its taxable
year is not required to file a partnership return if, at no time during
the partnership taxable year, one percent or more of any item of
partnership income, gain, loss, deduction, or credit is allocable in
the aggregate to direct United States partners. The United States
partners must directly report their shares of the allocable items of
partnership income, gain, loss, deduction, and credit.
(3) Filing obligations for certain other foreign partnerships with
no ECI--(i) General requirements for modified filing obligations. A
foreign partnership will be subject to the modified filing obligations
in paragraphs (b)(3)(ii) and (iii) of this section if, in addition to
satisfying the requirements contained in paragraphs (b)(3)(ii) and
(iii) of this section--
(A) The partnership is not a withholding foreign partnership as
defined in Sec. 1.1441-5(c)(2)(i);
(B) Forms 1042 and 1042-S are filed by the partnership with respect
to the amounts subject to reporting under Sec. 1.1461-1(b) and (c),
unless the partnership is not required to file such returns under
Sec. 1.1461-1(b)(2) and (c)(4), in which case Forms 1042 and 1042-S
must be filed by another withholding agent or agents; and
(C) The tax liability of the partners withrespect to such amounts
has been fully satisfied by the withholding of tax at the source, if
applicable, under chapter 3 of the Internal Revenue Code.
(ii) Foreign partnerships with U.S.-source income but no U.S.
partners. A foreign partnership that has U.S.-source income is not
required to file a partnership return if the partnership has no ECI and
no United States partners at any time during the partnership's taxable
year.
(iii) Foreign partnerships with U.S.-source income and U.S.
partners. Except as provided in paragraph (b)(2) of this section, a
foreign partnership with one or more United States partners that has
U.S.-source income but no ECI must file a partnership return. However,
such a foreign partnership need not file Statements of Partner's Share
of Income, Credit, Deduction, etc. (Schedules K-1) for any partners
other than its direct United States partners and its passthrough
partners (whether U.S. or foreign) through which United States partners
hold an interest in the foreign partnership. Schedules K-1 that are not
excepted from filing under this paragraph (b)(3)(iii) must contain the
same information required of a domestic partnership filing under
paragraph (a) of this section.
(4) Information or returns required of partners who are United
States persons--(i) In general. If a United States person is a partner
in a partnership that is not required to file a partnership return, the
district director or director of the relevant service center may
require that person to render the statements or provide the information
necessary to verify the accuracy of the reporting by that person of any
items of partnership income, gain, loss, deduction, or credit.
(ii) Controlled foreign partnerships. Certain United States persons
who are partners in a foreign partnership controlled (within the
meaning of section 6038(e)(1)) by United States persons may be required
to provide information with respect to the partnership under section
6038.
(5) Certain partnership elections. For a partnership that is not
otherwise required to file a partnership return, if an election that
can only be made by the partnership under section 703 (affecting the
computation of taxable income derived from a partnership) is to be made
by or for the partnership, a return on the form prescribed for the
partnership return must be filed for the partnership. Unless otherwise
provided in the form or the accompanying instructions, a return filed
solely to make an election need only contain a written statement citing
paragraph (b)(5)(ii) of this section, listing the name and address of
the partnership making the election, and clearly identifying the
specific election being made. A return filed under paragraph (b)(5)(ii)
of this section solely to make an election is not a partnership return.
Thus, such a return is not a return filed under section 6031(a) for
purposes of sections 6501 (except regarding the specific election
issue), 6231(a)(1)(A), and 6233. The return must be signed by--
(i) Each partner that is a partner in the partnership at the time
the election is made; or
(ii) Any partner of the partnership who is authorized (under local
law or the partnership's organizational documents) to make the election
and who represents to having such authorization under penalties of
perjury.
(6) Exclusion for certain organizations. The return requirement of
section 6031 and this section does not apply to the International
Telecommunications Satellite Organization, the International Maritime
Satellite Organization, or any organization that is a successor of
either.
(c) Partnerships excluded from the application of subchapter K of
the Internal Revenue Code--(1) Wholly excluded--(i) Year of election.
An eligible partnership as described in Sec. 1.761-2(a) that elects to
be excluded from all the provisions of subchapter K of chapter 1 of the
Internal Revenue Code in the manner specified by Sec. 1.761-2(b)(2)(i)
must timely file the form prescribed for the partnership return for the
taxable year for which the election is made. In lieu of the information
otherwise required, the return must contain or be accompanied by the
information required by Sec. 1.761-2(b)(2)(i).
(ii) Subsequent years. Except as otherwise provided in paragraph
(c)(1)(i) of this section, an eligible partnership that elects to be
wholly excluded from the application of subchapter K is not required to
file a partnership return.
(2) Deemed excluded. An eligible partnership that is deemed to have
elected exclusion from the application of subchapter K beginning with
its first taxable year, as specified in Sec. 1.761-2(b)(2)(ii), is not
required to file a partnership return.
(d) Definitions--(1) Partnership. For the meaning of the term
partnership, see Sec. 1.761-1(a).
(2) United States person. In applying this section, a United States
person is a person described in section 7701(a)(30); the government of
the United States, a State, or the District of Columbia (including an
agency or instrumentality thereof); or a corporation created or
organized in Guam, the Commonwealth
[[Page 61502]]
of Northern Mariana Islands, the U.S. Virgin Islands, and American
Samoa, if the requirements of section 881(b)(1)(A), (B), and (C) are
met for such corporation. The term does not include an alien individual
who is a resident of Puerto Rico, Guam, the Commonwealth of Northern
Mariana Islands, the U.S. Virgin Islands, or American Samoa, as
determined under Sec. 301.7701(b)-1(d) of this chapter.
(3) United States partner. In applying this section, a United
States partner is any United States person who holds a direct or
indirect interest in the partnership.
(4) Indirect interest. An indirect interest is any interest held
through one or more passthrough partners, as defined in section
6231(a)(9).
(e) Procedural requirements--(1) Place for filing. The return of a
partnership must be filed with the service center prescribed in the
relevant IRS revenue procedure, publication, form, or instructions to
the form (see Sec. 601.601(d)(2)).
(2) Time for filing. The return of a partnership must be filed on
or before the fifteenth day of the fourth month following the close of
the taxable year of the partnership.
(3) Magnetic media filing. For magnetic media filing requirements
with respect to partnerships, see section 6011(e)(2) and the
regulations thereunder.
(f) Effective dates. This section applies to taxable years of a
partnership beginning after December 31, 1999, except that paragraph
(b)(3) of this section applies to taxable years of a foreign
partnership beginning after December 31, 2000.
Par. 4. Section 1.6063-1 is amended by adding paragraph (c) to read
as follows:
Sec. 1.6063-1 Signing of returns, statements, and other documents made
by partnerships.
* * * * *
(c) Certain partnership elections--(1) In general. For rules
regarding the authority of a partner to sign a partnership return filed
solely for the purpose of making certain partnership level elections,
see Sec. 1.6031(a)-1(b)(5)(ii).
(2) Effective date. Paragraph (c) of this section applies to
taxable years of a partnership beginning after December 31, 1999.
PART 301--PROCEDURE AND ADMINISTRATION
Par. 5. The authority citation for part 301 continues to read in
part as follows:
Authority: 26 U.S.C. 7805 * * *
Sec. 301.6031-1 [Removed]
Par. 6. Section 301.6031-1 is removed.
Par. 7. Section 301.6031(a)-1 is added to read as follows:
Sec. 301.6031(a)-1 Return of partnership income.
For provisions relating to the requirement of returns of
partnership income, see Sec. 1.6031(a)-1 of this chapter.
PART 602--OMB CONTROL NUMBERS UNDER THE PAPERWORK REDUCTION ACT
Par. 8. The authority citation for part 602 continues to read as
follows:
Authority: 26 U.S.C. 7805.
Par. 9. In Sec. 602.101, paragraph (b) is amended by removing the
entry ``1.6031-1'' from the table and adding a new entry in numerical
order to the table to read as follows:
Sec. 602.101 OMB control numbers.
* * * * *
(b) * * *
------------------------------------------------------------------------
Current OMB
CFR part or section where identified and described control No.
------------------------------------------------------------------------
* * * * *
1.6031(a)-1................................................ 1545-1583
* * * * *
------------------------------------------------------------------------
Bob Wenzel,
Deputy Commissioner of Internal Revenue.
Approved: October 29, 1999.
Jonathan Talisman,
Acting Assistant Secretary of the Treasury.
[FR Doc. 99-29084 Filed 11-10-99; 8:45 am]
BILLING CODE 4830-01-U
