98-32927. Payment by Check or Money Order; Payment by Credit Card and Debit Card  

  • [Federal Register Volume 63, Number 240 (Tuesday, December 15, 1998)]
    [Proposed Rules]
    [Pages 69031-69032]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-32927]
    
    
    =======================================================================
    -----------------------------------------------------------------------
    
    DEPARTMENT OF THE TREASURY
    
    Internal Revenue Service
    
    26 CFR Part 301
    
    [REG-111435-98]
    RIN 1545-AW37
    
    
    Payment by Check or Money Order; Payment by Credit Card and Debit 
    Card
    
    AGENCY: Internal Revenue Service (IRS), Treasury.
    
    ACTION: Notice of proposed rulemaking and notice of proposed rulemaking 
    by cross-reference to temporary regulations.
    
    -----------------------------------------------------------------------
    
    SUMMARY: In the Rules and Regulations portion of this issue of the 
    Federal Register, the IRS is issuing temporary regulations relating to 
    payment of internal revenue taxes by credit card or debit card. The 
    text of the temporary regulations also serves as the text of these 
    proposed regulations. This document also contains proposed regulations 
    that provide that payments of tax by check or money order should be 
    made payable to the United States Treasury, in order to implement 
    changes to the law made by the Internal Revenue Service Restructuring 
    and Reform Act of 1998. These proposed regulations will affect all 
    persons who pay taxes by check or money order.
    
    DATES: Written or electronically generated comments and requests for a 
    hearing must be received by March 15, 1999.
    
    ADDRESSES: Send submissions to: CC:DOM:CORP:R (REG-111435-98), room 
    5226, 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 5 p.m. to: CC:DOM:CORP:R (REG-
    111435-98), Courier's Desk, Internal Revenue Service, 1111 Constitution 
    Avenue, NW., Washington, DC. Alternatively, taxpayers may submit 
    comments electronically via the Internet by selecting the ``Tax Regs'' 
    option on the IRS Home Page, or by submitting comments directly to the 
    IRS Internet site at http://www.irs.ustreas.gov/prod/tax__regs/
    comments.html.
    
    FOR FURTHER INFORMATION CONTACT: Concerning the regulations, Mitchel S. 
    Hyman, (202) 622-3620; concerning submissions, Michael Slaughter, (202) 
    622-7190 (not toll-free numbers).
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        This document contains a proposed amendment to the Procedure and 
    Administration Regulations (26 CFR Part 301) amending Sec. 301.6311-1 
    to reflect the enactment of section 3703 of the Internal Revenue 
    Service Restructuring and Reform Act of 1998 (Public Law 105-206, 112 
    Stat. 685)(1998 Act). Section 301.6311-1 currently states that checks 
    or money orders should be made payable to the Internal Revenue Service. 
    Section 3703 of the 1998 Act states that the Secretary of the Treasury 
    shall establish such rules, regulations, and procedures as are 
    necessary to allow payment of taxes by check or money order to be made 
    payable to the United States Treasury. The amendment accordingly 
    provides that checks and money orders should be made payable to the 
    United States Treasury. However, checks and money orders made payable 
    to the Internal Revenue Service pursuant to the current regulation and 
    prior instructions will continue to be accepted.
        Additionally, the temporary regulations in the Rules and 
    Regulations portion of this issue of the Federal Register amend the 
    Procedure and Administration Regulations (26 CFR part 301) to add new 
    Secs. 301.6103(k)(9)-1T and 301.6311-2T, providing for payment of 
    internal revenue taxes by credit card or debit card. The temporary 
    regulations reflect the amendment of sections 6103 and 6311 by section 
    1205 of the Taxpayer Relief Act of 1997 (Public Law 105-34, 111 Stat. 
    788, 995) and section 4003(k) of the Tax and Trade Relief Extension Act 
    of 1998 (Public Law 105-277, 112 Stat. 2681). The text of the temporary 
    regulations serves as the text of these proposed regulations. The 
    preamble to the temporary regulations explains the 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) does not apply to these regulations, and because the 
    regulation does not impose a collection of information on small 
    entities, the Regulatory Flexibility Act (5 U.S.C.
    
    [[Page 69032]]
    
    chapter 6) does not apply. 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 (a signed original 
    and eight (8) copies) or electronically generated comments that are 
    submitted timely to the IRS. All comments will be available for public 
    inspection and copying.
        A public hearing may be scheduled if requested by a person that 
    timely submits 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 Mitchel S. Hyman, 
    Office of Assistant Chief Counsel (General Litigation) CC:EL:GL, IRS. 
    However, other personnel from the IRS and Treasury Department 
    participated in their development.
    
    List of Subjects in 26 CFR Part 301
    
        Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income 
    taxes, Penalties, Reporting and recordkeeping requirements.
    
    Proposed Amendments to the Regulations
    
        Accordingly, 26 CFR Part 301 is proposed to be amended as follows:
    
    PART 301--PROCEDURE AND ADMINISTRATION
    
        Paragraph 1. The authority citation for part 301 continues to read 
    in part as follows:
    
        Authority: 26 U.S.C. 7805 * * *
    
        Par. 2. Section 301.6103(k)(9)-1 is added to read as follows:
    
    
    Sec. 301.6103(k)(9)-1  Disclosure of returns and return information 
    relating to payment of tax by credit card and debit card.
    
    [The text of this proposed section is the same as the text of 
    Sec. 301.6103(k)(9)-1T published elsewhere in this issue of the 
    Federal Register.]
    
    
    Sec. 301.6311-1  [Amended]
    
        Par. 3. Section 301.6311-1(a)(1)(i) is amended by removing the 
    language ``Internal Revenue Service'' from the third sentence and 
    adding the language ``United States Treasury'' in its place.
        Par. 4. Section 301.6311-2 is added to read as follows:
    
    
    Sec. 301.6311-2  Payment by credit card and debit card.
    
    (The text of this proposed section is the same as the text of 
    Sec. 301.6311-2T published elsewhere in this issue of the Federal 
    Register.]
    Michael P. Dolan,
    Deputy Commissioner of Internal Revenue.
    [FR Doc. 98-32927 Filed 12-14-98; 8:45 am]
    BILLING CODE 4830-01-U
    
    
    

Document Information

Published:
12/15/1998
Department:
Internal Revenue Service
Entry Type:
Proposed Rule
Action:
Notice of proposed rulemaking and notice of proposed rulemaking by cross-reference to temporary regulations.
Document Number:
98-32927
Dates:
Written or electronically generated comments and requests for a hearing must be received by March 15, 1999.
Pages:
69031-69032 (2 pages)
Docket Numbers:
REG-111435-98
RINs:
1545-AW37: Payment of Taxes by Credit Card and Debit Card
RIN Links:
https://www.federalregister.gov/regulations/1545-AW37/payment-of-taxes-by-credit-card-and-debit-card
PDF File:
98-32927.pdf
CFR: (5)
26 CFR 301.6103(k)(9)-1
26 CFR 301.6103(k)(9)-1T
26 CFR 301.6311-1
26 CFR 301.6311-2
26 CFR 301.6311-2T