This notice provides interim guidance,
pending the issuance of regulations, concerning the statute of
limitations on assessment for the U.S. income tax liability. If
any, of U.S. citizens or resident aliens claiming to be bona fide
residents of the US Virgin Islands (USVI). In addition, notice
provides new information reporting rules for certain taxpayers
claiming to be bona fide residents of the USVI,
We are requesting
emergency review of this submission and seek OMB approval by
January 30, 2007. This Notice provides critical guidance to
individual taxpayers with respect to tax years ending on or after
December 31, 2006, and thus is timely guidance with respect to the
filing season for 2006 returns. With respect to such returns, the
information in this notice explains how bona fide residents of the
USVI start the period of limitations by either: (a) filing a return
with the USVI tax administration, provided the individual has less
than $75,000 of gross income during the year, or (b) in the case of
individuals with $75,000 or more of gross income during the taxable
year, filing an income tax return with the USVI tax administration
and a separate income tax return with the IRS. The proposed notice
addresses an area of the tax law drawing comments and/or requests
for immediate guidance from taxpayers, the USVI government, and
Congress. Included in this notice is a new information reporting
requirement for certain U.S. citizens and residents claiming bona
fide residency status in the USVI for taxable years ending on or
after December 31, 2006. Because the 2006 return filing season has
already commenced, it would be detrimental to the mission of the
IRS and to legitimate expectations of taxpayers if the IRS does not
provide guidance to affected taxpayers with respect to the statute
of limitations and this information reporting requirement as soon
as possible. The International Tax Counsel at Treasury as well as
the Associate Chief Counsel (International) have instructed us to
publish this notice at the earliest possible date. OMB review is
the only step remaining before this notice can be released. For the
foregoing reasons, it is critical that OMB review and process the
notice as soon as possible.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.