RG209373-81_Sup_Stmnt

RG209373-81_Sup_Stmnt.doc

REG-209373-81 (TD 8797 - Final), Election to Amortize Start-Up Expenditures for Active Trade or Business

OMB: 1545-1582

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SUPPORTING STATEMENT




  1. CIRCUMSTANCES NECESSITATING COLLECTION OF INFORMATION


Section 195(b) provides that start‑up expenditures, at the election of the taxpayer, may be amortized over a period of not less than 60 months beginning with the month in which the active trade or business begins. Section 195(d) provides that an election under section 195(b) shall be made not later than the time prescribed by law for filing the return for the taxable year in which the active trade or business begins.


  1. USE OF DATA


The information collected will be used by the Internal Revenue Service to ensure that start‑up expenditures are being amortized properly and that the general requirements of §195 are being complied with.


  1. USE OF IMPROVED INFORMATION TECHNOLOGY TO REDUCE BURDEN


IRS Publications, 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.


  1. EFFORTS TO IDENTIFY DUPLICATION


We have attempted to eliminate duplication within the agency wherever possible.


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


Not applicable.


  1. 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


A notice of proposed rulemaking was published in the Federal Register on January 13, 1998 (63 FR 1933). No public hearing was held. The final regulations were published in the Federal Register on December 17, 1998 (63 FR 69554).


In response to the Federal Register notice dated October 22, 2009 (74 FR 54627), we received no comments during the comment period regarding Regulation 209373-81.


  1. EXPLANATION OF DECISION TO PROVIDE ANY PAYMENT OR GIFT TO RESPONDENTS


Not applicable.


  1. ASSURANCE OF CONFIDENTIALITY OF RESPONSES


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


  1. JUSTIFICATION OF SENSITIVE QUESTIONS


Not applicable.


  1. ESTIMATED BURDEN OF INFORMATION COLLECTION


Section 1.195‑1 of the regulation provides that start‑up expenditures may, at the discretion of the taxpayer, be amortized. Taxpayers may elect to amortize start‑up expenditures by filing a statement with their tax return for the taxable year in which the trade or business begins.


We estimate that 150,000 taxpayers will file an election, and it will take an average of one quarter of an hour to prepare and file the election. The total burden for this requirement is 37,500 hours.

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

  1. ESTIMATED TOTAL ANNUAL COST BURDEN TO RESPONDENTS


As suggested by OMB, our Federal Register notice dated October 22, 2009, 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.


  1. ESTIMATED ANNUALIZED COST TO THE FEDERAL GOVERNMENT


Not applicable.


  1. 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.

  1. PLANS FOR TABULATION, STATISTICAL ANALYSIS AND PUBLICATION


Not applicable.


  1. 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 regulations sunset 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.


  1. 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:

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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