LR-311-81.Sup

LR-311-81.Sup.doc

LR-311-81, Final (TD 7925) Penalties for Underpayment of Deposits and Overstated Deposit Claims, and Time for Filing Information Returns of Owners, Officers and Directors of Foreign Corporations

OMB: 1545-0794

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SUPPORTING STATEMENT

LR-311-81





1. CIRCUMSTANCES NECESSITATING COLLECTION OF INFORMATION


AND


2. USE OF DATA


Section 6046 requires U.S. persons who are shareholders, officers, or directors of foreign corporations to file information returns with respect to the foreign corporation. Section 6046(d) provides that these information returns shall be filed on or before the 90th day after the liability to file the return arises, or by such later date as may be prescribed by forms or regulations. Section 1.6046‑l(j)(l)provides that the information returns are due to be filed by the 90th day after the person becomes liable to file the return or such later date (if any) established by the return form. The regulations except certain persons from the obligation to file a return. See section 1.6046-1(e).


3. USE OF IMPROVED INFORMATION TECHNOLOGY TO REDUCE BURDEN


We have no plans to offer electronic filing. IRS publication, regulations, notices and letters are to be electronically enabled on an as practicable basis in accordance with the IRS Reform and Restructuring Act of 1998.


4. EFFORTS TO IDENTIFY DUPLICATION


We have attempted to eliminate duplication within the agencywherever possible.


5. METHODS TO MINIMIZE BURDEN ON SMALL BUSINESSES OR OTHER SMALL ENTITIES


Not applicable.


6. CONSEQUENCES OF LESS FREQUENT COLLECTION ON FEDERAL PROGRAMS OR POLICY ACTIVITIES


Not applicable.


7. SPECIAL CIRCUMSTANCES REQUIRING DATA COLLECTION TO BE INCONSISTENT WITH GUIDELINES IN 5 CFR 1320.5(d)(2)


Not applicable.


8. CONSULTATION WITH INDIVIDUALS OUTSIDE OF THE AGENCY ON AVAILABILITY OF DATA, FREQUENCY OF COLLECTION, CLARITY OF INSTRUCTIONS AND FORMS, AND DATA ELEMENTS


A Notice of Proposed Rulemaking was published in the Federal Register on May 26, 1982 (47 FR 22970). A public hearing was not held because one was not requested. Final regulations (T.D.7925) were published in the Federal Register on December 13, 1983 (48 FR 55453). Another final regulations and the removal of final regulations (TD 8947) were published in the Federal Register on June 15, 2001 (66 FR 32541). TD 8947 removed 26 CFR 301.6656-1(b) and 26 CFR 301.6656-2(c).


In response to the Federal Register Notice dated September 21, 2006

(F.R. 55275), we received no comments during the comment period regarding LR-311-81.

9. EXPLANATION OF DECISION TO PROVIDE ANY PAYMENT OR GIFT TO

RESPONDENTS


Not applicable.


10. ASSURANCE OF CONFIDENTIALITY OF RESPONSES


Generally, tax returns and tax return information are confidential as required by 26 USC 6103.


11. JUSTIFICATION OF SENSITIVE QUESTIONS


Not applicable.


12. ESTIMATED BURDEN OF INFORMATION COLLECTION


Section 6046-1 requires information returns with respect to certain foreign corporations and the regulations provide the date by which these returns must be filed. The burden for this regulation section is entirely reflected on Form 5471.


Estimates of the annualized cost to respondents for the hour burdens shown are not available at this time.

13. ESTIMATED TOTAL ANNUAL COST BURDEN TO RESPONDENTS

As suggested by OMB, our Federal Register Notice dated September 21, 2006 requested public comments on estimates of cost burden that are not captured in the estimates of burden hours, i.e., estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. However, we did not receive any response from taxpayers on this subject. As a result, estimates of the cost burdens are not available at this time.


14. ESTIMATED ANNUALIZED COST TO THE FEDERAL GOVERNMENT


Not applicable.


15. REASONS FOR CHANGE IN BURDEN


There is no change in the paperwork burden previously approved by OMB. We are making this submission to renew the OMB approval.

16. PLANS FOR TABULATION, STATISTICAL ANALYSIS AND PUBLICATION


Not applicable.



17. REASONS WHY DISPLAYING THE OMB EXPIRATION DATE IS

INAPPROPRIATE


We believe that displaying the OMB expiration date is inappropriate because it could cause confusion by leading taxpayers to believe that the regulation sunsets as of the expiration date. Taxpayers are not likely to be aware that the Service intends to request renewal of the OMB approval and obtain a new expiration date before the old one expires.


18. EXCEPTIONS TO THE CERTIFICATION STATEMENT ON OMB FORM 83-I


Not applicable.


Note: The following paragraph applies to all of the collections of information in this submission:


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.



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AuthorTQ1FB
Last Modified ByTQ1FB
File Modified2006-11-22
File Created2006-11-22

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