ss 2010

SUPPORTING STATEMENT

Revenue Procedure 2004-15

1. CIRCUMSTANCES NECESSITATING COLLECTION OF INFORMATION

Section 601.201(a)(1) of the Statement of Procedural Rules (26 C.F.R. § 601.201(a)(1)) provides that it is the practice of the Internal Revenue Service (“Service”) to answer inquiries of individuals and organizations, whenever appropriate in the interest of sound administration tax administration as to the tax effects of their transactions.

In Rev. Proc. 2003-6 2003-1 I.R.B. 191, which will be republished as Rev. Proc. 2004-6 in issue 2004-1 of the Internal Revenue Bulletin on January 5, 2004, the Service set forth its basic determination letter revenue procedure for the Employee Plans function. Section 15 of that revenue procedure refers to the process for obtaining certain waivers of the minimum funding standards described in section 412(d) of the Internal Revenue Code.

In this revenue procedure, the Employee Plans function is expanding on the basic determination letter revenue procedure by establishing a method for obtaining waivers from the minimum funding standards that is applicable to both defined contribution plans and defined benefit plans. These methods were last set forth in Rev. Proc. 94-41, 1994-1 C.B. 711. Rev. Proc. 2003-6 (along with three other general revenue procedures) has previously obtained a control number from the Office of Management and Budget (1545-1520) which has been renewed several times, however, the specialized revenue procedure which is being updated and republished was last published before the enactment of the Paperwork Reduction Act of 1995.

2. USE OF DATA

The data will be used by the Service to evaluate an employer’s eligibility to obtain a waiver from the minimum funding standards described in section 412 of the Code and will assist employers in the notification process. This data may be shared with the Employee Benefits Security Administration of the U.S. Department of Labor in the enforcement of the provisions of the Employee Retirement Security Act of 1974.

2. USE OF IMPROVED INFORMATION TECHNOLOGY TO REDUCE BURDEN

IRS Publications, regulations, notices, and are to be electronically enabled on an as practicable basis in accordance with the IRS Reform and Restructuring Act of 1998.

2. EFFORTS TO IDENTIFY DUPLICATION

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

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

Waiver requests below a certain dollar amount are eligible for a lower user fee. The revenue procedure contains a model notice to assist small businesses in their requirements to notify employees, participants, beneficiaries, and alternate payees of the request for a waiver and to assist small businesses in meeting the notification requirements of the U.S. Department of labor as well as the Service. In addition, the revenue procedure contains a checklist to assist applicants in ascertaining whether they have completed the information sought by the Service. It is anticipated that small businesses and other small entities (including individuals) will be the primary beneficiaries of the model notice and the reduced user fees.

2. CONSEQUENCES OF LESS FREQUENT COLLECTION ON FEDERAL PROGRAMS OR POLICY ACTIVITIES

Not applicable.

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

Various sections of the revenue procedure for determination letters require information to be submitted before 30 days. These provisions are located throughout portions of 26 CFR 601.201.

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

Revenue Procedure 2004-15 was published in the Internal Revenue Bulletin on February 7, 2004 (2004-7 IRB 490).

We received no comments during the comment period in response to the Federal Register Notice dated May 20, 2010, (75 FR 28326).

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

Not applicable.

8. ASSURANCE OF CONFIDENTIALITY OF RESPONSES

Submissions under this revenue procedure are considered tax returns and tax return information, which are confidential as required by 26 U.S.C. § 6103. In general, certain matters relating to taxability and deductibility are disclosable under 26 U.S.C. §6110.

8. JUSTIFICATION OF SENSITIVE QUESTIONS

Not applicable.

8. ESTIMATED BURDEN OF INFORMATION COLLECTION

Section 2 of the revenue procedure requires that an applicant state that a notice of the request for a waiver from the minimum funding standards, e.g., the model notice published with the revenue procedure, has been given to each employee organization, participant, beneficiary, and alternate payee. Section 2 also requires the submission of general facts regarding the employer, the financial condition of the employer, the nature and extent of the business hardship, various data about the plan subject to section 412 of the Code, as well as additional information if there is more than one plan (and other information, e.g., matters pending with other government agencies with regulatory jurisdiction over pension plans.

The estimated annual burden per respondent varies from 70 to 100 hours with an estimated average burden of 85 hours on 55 respondents for a total 4,675 hours.

Appendix B is a checklist that must be completed by applicants to assist them in ascertaining that the information being submitted is complete.

The estimated annual burden per respondent varies from 30 minutes to 1½ hours with an estimated average burden of 1 hour on 55 respondents for a total of 55 hours.

The total estimated average annual burden varies from 70½ hours to 101½ hours with a total estimated burden of 86 hours on 55 respondents for a total of 4,730 hours annually.

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

8. ESTIMATED TOTAL ANNUAL COST BURDEN TO RESPONDENTS

As suggested by OMB, our Federal Register notice dated May 20, 2010(75 FR 28326), 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.

8. ESTIMATED ANNUALIZED COST TO THE FEDERAL GOVERNMENT

Not applicable.

8. 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.

8. PLANS FOR TABULATION, STATISTICAL ANALYSIS AND PUBLICATION

Not applicable.

8. REASONS WHY DISPLAYING THE OMB EXPIRATION DATE IS INAPPROPRIATE

See Attached

18. 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:

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.