TD 8834 (final) - Treatment of Distributions to Foreign Persons Under Sections 367(e)(1) and 367(e)(2)

Forms and Documents

Document Name	Status
Reg. 209827-96 & 111672-99.Sup.doc Supporting Statement A	2008-12-10

IC Document Collections

IC ID	Document Title	Status
18462	TD 8834 (Final) Treatment of Distributions to Foreign Persons Under Sections 367(e)(1) and 367(e)(2)	Modified

ICR Details

OMB Control No: 1545-1487	ICR Reference No: 200812-1545-013
Status: Historical Active	Previous ICR Reference No: 200510-1545-002
Agency/Subagency: TREAS/IRS	Agency Tracking No: ah-1487-013
Title: TD 8834 (final) - Treatment of Distributions to Foreign Persons Under Sections 367(e)(1) and 367(e)(2)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 01/29/2009
	Date Received in OIRA: 12/19/2008
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2012	36 Months From Approved	01/31/2009
Responses	414	0	414
Time Burden (Hours)	2,471	0	2,471
Cost Burden (Dollars)	0	0	0

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Abstract: Sections 367(e)(1) and 367(e)(2) provide for gain recognition on certain transfers to foreign persons under sections 355 and 332. Section 6038B(a) requires U.S. persons transferring property to foreign persons in exchanges described in sections 332 and 355 to furnish information regarding such transfers.

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Authorizing Statute(s): US Code: 26 USC 367(e)(2) Name of Law: Liquidation under section 332.
   US Code: 26 USC 332 Name of Law: Complete liquidation of subsidiaries.
   US Code: 26 USC 367(e)(1) Name of Law: Distributions describled in section 355.
   US Code: 26 USC 355 Name of Law: Distribution of stock and decurities of a controlled corporation.
   US Code: 26 USC 6038B Name of Law: Notice of certain transfers to foreign persons.
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 55214	09/24/2008
30-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 77877	12/19/2008
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
TD 8834 (Final) Treatment of Distributions to Foreign Persons Under Sections 367(e)(1) and 367(e)(2)

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	414	414	0	0	0	0
Annual Time Burden (Hours)	2,471	2,471	0	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 12/19/2008

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