Form 8944, Preparer Hardship Waiver Request; Form 8948 - Preparer Explanation for Not Filing Electronically.

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form 8948 Form 8948 - Preparer Explanation for Not Filing Electronically.	Form and Instruction	New	Available
Form 8944 Form 8944, Preparer Hardship Waiver Request	Form and Instruction	Unchanged	Available
Combined Supporting Statement.doc	Supporting Statement A	Uploaded 2011-01-05	Available
Notice 2010-85.doc	Supplementary Document	Uploaded 2010-12-03	Available
Expiration Explanation.rtf	Supplementary Document	Uploaded 2010-09-21	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
195683	Form 8948 - Preparer Explanation for Not Filing Electronically.	Form and Instruction	New
194618	Form 8944, Preparer Hardship Waiver Request	Form and Instruction	Unchanged

ICR Details

OMB Control No: 1545-2200	ICR Reference No: 201012-1545-024
Status: Historical Active	Previous ICR Reference No: 201009-1545-045
Agency/Subagency: TREAS/IRS	Agency Tracking No: Requesting approval by 12/16/2010
Title: Form 8944, Preparer Hardship Waiver Request; Form 8948 - Preparer Explanation for Not Filing Electronically.
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 12/16/2010
OIRA Conclusion Action: Approved with change	Conclusion Date: 01/06/2011
Retrieve Notice of Action (NOA)	Date Received in OIRA: 12/14/2010
Terms of Clearance: Per OMB request, agency modified supporting statement to include information regarding regarding additional information collection instrument seeking approval under this OMB control number.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2011	6 Months From Approved	06/30/2011
Responses	8,910,000	0	90,000
Time Burden (Hours)	18,270,900	0	719,100
Cost Burden (Dollars)	0	0	0

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Abstract: Notice 2010-85 will explain the circumstances when someone who is a tax return preparer (for returns filed after 12/31/10, IRC 6011(e)(3)(B) defines a

Emergency Justfication: Emergency approval of a collection of information is requested by the Commissioner of Internal Revenue under 44 U.S.C § 3507(j)(1) for a notice of proposed rulemaking (attached) that implements new section 6011(e)(3) of the Internal Revenue Code, with a statutory effective date of January 1, 2011. As explained below, all of the requirements of section 3507(j)(1) for emergency approval are satisfied. The collection of information falls within both prongs of section 3507(j)(1)(A). First, as required by section 3507(j)(1)(A)(i), the collection of information is needed prior to the expiration of the normal clearance period (approximately April 2011). The Act requires returns filed after December 31, 2010, by STRPs be filed electronically. The proposed regulations are to be effective on January 1, 2011; however, to promote the effective and efficient administration of the new requirements, they provide a phased-in application period. The proposed regulations will apply on January 1, 2011, to every STRP who reasonably expects (if the preparer is a member of a firm, the firm’s members in the aggregate reasonably expect) to file 100 or more returns in calendar year 2011. The proposed regulations apply to all other STRPs beginning January 1, 2012. The taxpayer choice statements are a key component to the IRS’ interpretation and implementation of the section 6011(e)(3) electronic filing requirement. Second, as required by section 3507(j)(1)(A)(ii), the collection of information is essential to the IRS administering the internal revenue laws and implementing the statutory requirement under new section 6011(e)(3). The Treasury Department and the IRS anticipate that final regulations under section 6011(e)(3) and the revenue procedure will be published in January 2011. Section 3507(j)(1)(B) Pursuant to section 3507(j)(1)(B), the IRS cannot reasonably comply with the nonemergency procedures of section 3507. Section 3507(j)(1)(B) sets forth three criteria, at least one of which must apply: (i) public harm is reasonably likely to result if normal clearance procedures are followed; (ii) an unanticipated event has occurred; or (iii) the use of normal clearance procedures is reasonably likely to cause a statutory or court-ordered deadline to be missed. As previously discussed above, the third criterion applies in this instance – statutory deadline. The Act requires returns filed after December 31, 2010, by STRPs be filed electronically. Regulations, including this provision on taxpayer choices to file in paper format, must be finalized and in place before or shortly after the beginning of the tax filing season so that tax return preparers will know how the new law affects them. For the provisions of the regulations, as well as the anticipated additional guidance, to be effective for the next filing season (January – April 2011), the approval of the collection of information in the NPRM is needed as quickly as possible and before it would ordinarily be granted under the standard procedures.

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Authorizing Statute(s): US Code: 26 USC 6011(e) Name of Law: Regulations requiring returns on magnetic media, etc.
  

Citations for New Statutory Requirements: US Code: 26 USC 6011(e) Name of Law: Regulations requiring returns on magnetic media, etc.
PL: Pub.L. 111 - 92 N/A Name of Law: Worker, Homeownership, and Business Assistance Act of 2009

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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

Did the Agency receive public comments on this ICR? No

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

table that charts list of burden

IC Title	Form No.	Form Name
Form 8944, Preparer Hardship Waiver Request	8944	Preparer Hardship Waiver Request
Form 8948 - Preparer Explanation for Not Filing Electronically.	8948	Preparer Explanation for Not Filing Electronically.

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ICR Summary of Burden

table that charts list 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	8,910,000	90,000	8,820,000	0	0	0
Annual Time Burden (Hours)	18,270,900	719,100	17,551,800	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: REG-100194-10 and Notice 2010-85 detail how, starting Jan. 1, 2011, paid tax return preparers can comply with a new law that requires paid tax return preparers who meet the definition of “specified tax return preparer” under the new law to electronically file (e-file) federal income tax returns that they prepare and file for individuals, trusts and estates. Starting Jan. 1, 2011, paid preparers who prepare income tax returns for individuals, trusts and estates, such as Forms 1040, 1040A, 1040EZ, and Forms 1041, and who reasonably expect to file 100 or more of these income tax returns in 2011 are specified tax return preparers required to file these returns electronically. Tax return preparers who are members of a firm are specified tax return preparers and must electronically file the income tax returns they prepare and file if the firm’s preparers, in the aggregate, expect to file 100 or more of these income tax returns in 2011. Starting Jan. 1, 2012, the 100-return threshold will be reduced to 11 or more income tax returns that the preparer, or the preparer’s firm in the aggregate, expect to file in 2012 for individuals, trusts and estates. Notice 2010-85 will explain the circumstances when someone who is a tax return preparer (for returns filed after 12/31/10, IRC 6011(e)(3)(B) defines a "specified tax return preparer" as any tax preparer, unless such preparer reasonably expects to file 10 or fewer individual income tax returns during a calendar year) qualifies for an administrative exemption from filing a certain tax return electronically. Specified tax return preparers use Form 8944 to request an undue hardship waiver from the section 6011(e)(3) requirement to electronically file returns of income tax imposed by subtitle A on individuals, estates, or trusts. Form 8948 is to be used only by specified tax return preparers that are required to e-file the covered returns they prepare that are able to be filed electronically. Form 8948 is used to explain which exception applies when a covered return is prepared and filed on paper. To comply with this law and new form 8948, we estimate an increase of 8,820,000 responses and 17,551,800 burden hours.

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Annual Cost to Federal Government: $60,000

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)? No

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: 12/14/2010

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