RP 2009-37 - Internal Revenue Code Section 108(i) Election ; REG-144762-09 (TD 9498) - Application of Section 108(i) to Partnerships and S Corporations

Forms and Documents

Document Name	Status
SS_1545-2147_AUG2010.doc Supporting Statement A	2010-09-07
RP 2009-37.pdf Supplementary Document	2010-05-25

IC Document Collections

IC ID	Document Title	Status
193050	REG-144762-09 (TD 9498) - Application of Section 108(i) to Partnerships and S Corporations	New
189294	RP 2009-37 - Internal Revenue Code Section 108(i) Election Other-Procedure	Modified

ICR Details

OMB Control No: 1545-2147	ICR Reference No: 201005-1545-075
Status: Historical Active	Previous ICR Reference No: 200912-1545-016
Agency/Subagency: TREAS/IRS	Agency Tracking No: RuleMaking
Title: RP 2009-37 - Internal Revenue Code Section 108(i) Election ; REG-144762-09 (TD 9498) - Application of Section 108(i) to Partnerships and S Corporations
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/12/2010
	Date Received in OIRA: 09/07/2010
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2013	36 Months From Approved	02/28/2013
Responses	50,000	0	50,000
Time Burden (Hours)	300,000	0	300,000
Cost Burden (Dollars)	0	0	0

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Abstract: The law allows taxpayers to defer for 5 years taxation of certain income arising in 2009 or 2010. Taxpayers then must include the deferred amount in income ratably over 5 years. The election statement advises that a taxpayer makes the election and the election and information statements provide information necessary to track the income. Respondents are C corporations and other persons in a business that reacquire debt instruments. This revenue procedure provides the exclusive procedures for taxpayers to make an election to defer recognizing discharge of indebtedness income (cancellation of debt, or COD income) under § 108(i) of the Internal Revenue Code.

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Authorizing Statute(s): PL: Pub.L. 111 - 5 1231 Name of Law: American Recovery and Reinvestment Act of 2009
   US Code: 26 USC 108(i) Name of Law: Deferral and Ratable Inclusion of Income
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1545-BJ00	Final or interim final rulemaking	75 FR 49380	08/13/2010

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
RP 2009-37 - Internal Revenue Code Section 108(i) Election
REG-144762-09 (TD 9498) - Application of Section 108(i) to Partnerships and S Corporations

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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	50,000	50,000	0	0	0	0
Annual Time Burden (Hours)	300,000	300,000	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: This revenue procedure provides the exclusive procedures for taxpayers to make an election to defer recognizing discharge of indebtedness income (cancellation of debt, or COD income) under § 108(i) of the Internal Revenue Code. Section 1.108(i)-2T and proposed regulations under section 1.108(i)-2 provide rules for partnerships and S corporations regarding the application of section 108(i) of the Internal Revenue Code. Section 4.07(3) of Rev. Proc. 2009-37 requires a partner in a partnership that makes an election under section 108(i) to provide certain information to the partnership so that the partnership can determine the partner's deferred section 752 amount (partner reporting requirement). Section 1.108(i)-2T(c)(3)(iv) and proposed regulations under section 1.108(i)-2T(c)(3)(iv) have the same partner reporting requirement that is in Rev. Proc. 2009-37. As a result, regulations under REG-144762-09 do not affect the currently approved collection in Rev. Proc. 2009-37 under control number 1545-2147.

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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]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

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

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: 09/07/2010

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