[Federal Register Volume 59, Number 245 (Thursday, December 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-31284]
[[Page Unknown]]
[Federal Register: December 22, 1994]
VOL. 59, NO. 245
Thursday, December 22, 1994
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 31
[EE-60-94]
RIN 1545-AT11
Withholding on Distributions of Indian Gaming Profits to Tribal
Members
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 income tax withholding requirement on distributions of profits from
certain gaming activities made to members of Indian tribes under
section 3402(r) of the Internal Revenue Code of 1986. The text of those
temporary regulations also serves as the text of these proposed
regulations.
DATES: Written comments and requests for a public hearing must be
received by February 21, 1995.
ADDRESSES: Send submissions to: CC:DOM:CORP:T:R (EE-60-94), 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 (EE-60-94),
Courier's Desk, Internal Revenue Service, 1111 Constitution Avenue NW,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: Rebecca Wilson (202) 622-4606 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
Background
Temporary regulations in the Rules and Regulations portion of this
issue of the Federal Register amend the Employment Tax Regulations (26
CFR part 31) relating to section 3402(r). The temporary regulations
contain rules relating to the income tax withholding requirement on
distributions of profits from certain gaming activities made to members
of Indian tribes under section 3402(r).
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 (a signed original
and eight (8) copies) 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 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 the regulations is Rebecca Wilson, Office
of the Associate Chief Counsel (Employee Benefits and Exempt
Organizations). 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 is amended by
adding an entry in numerical order to read as follows:
Authority: 26 U.S.C. 7805 * * * Section 31.3402(r)-1 also issued
under 26 U.S.C. 3402(r). * * *
Par. 2. Section 31.3402(r)-1 is added to read as follows:
Sec. 31.3402(r)-1 Withholding on distributions of Indian gaming
profits to tribal members.
[The text of this proposed section is the same as the text of
Sec. 31.3402(r)-1T published elsewhere in this issue of the Federal
Register.]
Margaret Milner Richardson,
Commissioner of Internal Revenue.
[FR Doc. 94-31284 Filed 12-21-94; 8:45 am]
BILLING CODE 4830-01-P
