8846.sup

8846.SUP.doc

Credit for Employer Social Security and Medicare Taxes Paid on Certain Employee Tips

OMB: 1545-1414

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Supporting Statement

(Form 8846)


1. CIRCUMSTANCES NECESSITATING COLLECTION OF INFORMATION


Certain employers in food and beverage establishments are eligible under section 38 for an income tax credit for the social security taxes they pay (employer’s share) on employees’ tips, other than those used to meet the minimum wage requirements, as figured under section 45B.


2. USE OF DATA


The IRS uses the information shown on Form 8846 to verify that the credit has been correctly figured.


3. USE OF IMPROVED INFORMATION TECHNOLOGY TO REDUCE BURDEN


Form 8846 is electronically available for 1120, 1065 and/or 1041 returns.


4. EFFORTS TO IDENTIFY DUPLICATION


We have attempted to eliminate duplication within the agency wherever 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.


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


Not applicable.


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


Periodic meetings are held between IRS personnel and representatives of the American Bar Association, the National Society of Public Accountants, the American Institute of Certified Public Accountants, and other professional groups to discuss tax law and tax forms. During these meetings, there is an opportunity for those attending to make comments regarding Form 8846.


In response to the Federal Register Notice dated August 8, 2008 (73 FR 46363), we received no comments during the comment period regarding Form 8846.


  1. 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


Number of Time per Total

Form Responses Response Hours


8846 37,200 3.85 143,220


The following regulation imposes no additional burden. Please continue to assign the OMB number 1545-1414 to this regulation.


1.45B-1T


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


13. ESTIMATED TOTAL ANNUAL COST BURDEN TO RESPONDENTS


As suggested by OMB, our Federal Register notice dated August 8, 2008, 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 responses from taxpayers on this subject. As a result, estimates of these cost burdens are not available at this time.



14. ESTIMATED ANNUALIZED COST TO THE FEDERAL GOVERNMENT


The primary cost to the government consists of the cost of printing this form. We estimate that the cost of printing the form is $650.


15. REASONS FOR CHANGE IN BURDEN


We made the following changes to the Form 8846 as a result of recent changes to the law.


- The social security wage base on line 4 is increased to $102,000. (Notice 2007-92)

- A new line 10 is added to reflect the carryforward of the credit. All subsequent lines have been renumbered.

- We deleted Part II from the form and instructions because the 2008 Form 3800, calculates the allowable credit for all credits allowed against AMT, including the credit for employer social security and Medicare taxes paid on certain employee tips.


This submission is being made for renewal purposes.


16. PLANS FOR TABULATION, STATISTICAL ANALYSIS AND PUBLICATION


Not applicable.


  1. REASONS WHY DISPLAYING THE OMB EXPIRATION DATE IS INAPPROPRIATE


See attachment.


  1. EXCEPTION 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.

File Typeapplication/msword
File TitleSupporting Statement
AuthorJ11FB
Last Modified Byqhrfb
File Modified2009-01-23
File Created2008-07-22

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