Notice 2011-XX - Application Requirements and Reasonable Cause Under Section 6033(j)

ICR 201102-1545-018

OMB: 1545-2206

Federal Form Document

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ICR Details
1545-2206 201102-1545-018
Historical Active
TREAS/IRS Requesting Approval by 2/22/11
Notice 2011-XX - Application Requirements and Reasonable Cause Under Section 6033(j)
New collection (Request for a new OMB Control Number)   No
Emergency 02/22/2011
Approved without change 02/23/2011
Retrieve Notice of Action (NOA) 02/22/2011
IRS will resubmit this collection (as a non-substantive change) with instruments and documents once documents can be made public.
  Inventory as of this Action Requested Previously Approved
08/31/2011 6 Months From Approved
2,917 0 0
2,917 0 0
0 0 0

This notice will provide interim guidance with respect to retroactive reinstatement and reasonable cause under section 6033(j)of the Code.
The IRS plans to release a list of all organizations revoked under section 6033(j)(1) by the end of February 2011; this notice, which provides guidance to these listed organizations regarding application for reinstatement of tax-exemption, must be released on or before that release date. Failure to provide this guidance will likely create public or tax harm to the revoked organizations seeking reinstatement.

US Code: 26 USC 6033(j) Name of Law: Loss of exempt status for failing to file return notice
   PL: Pub.L. 109 - 280 1223(a) Name of Law: Pension Protection Act of 2006
  
None

Not associated with rulemaking
Other Documents for OIRA Review

No

1
IC Title Form No. Form Name
Notice 2011-XX - Application Requirements and Reasonable Cause Under Section 6033(j)

  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 2,917 0 0 2,917 0 0
Annual Time Burden (Hours) 2,917 0 0 2,917 0 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
Yes
Changing Regulations
No
This notice will provide interim guidance with respect to retroactive reinstatement and reasonable cause under section 6033(j)of the Code. The collection of information in this notice is in section 4. In order to have its tax-exempt status retroactively reinstated under section 6033(j)(3), an organization must produce clear and convincing evidence that it exercised ordinary business care and prudence in determining and attempting to comply with its reporting requirements under section 6033 in each of the three years (and over the entire three-year period) that it failed to meet such requirements. IRS expects about 2% to request reinstatement of tax-exempt status retroactive to the date of the revocation under § 6033(j)(3), resulting in an estimated 5,000 organizations requesting retroactive reinstatement in the first year after the release of this notice. After the first year following the release of this notice, IRS expects the number of organizations being revoked under § 6033(j)(1) to fall precipitously, with a corresponding precipitous drop in the number of organizations requesting retroactive reinstatement. IRS TEGE anticipates the number of organizations seeking retroactive reinstatement to fall to 2,500 in the second year following the release of this notice and 1,250 in the third year, resulting in a total of 8,750 over the first three years (with an estimated average of 2,917 responses per year). The total estimated annual burden for this collection will be 2,719 hours (1 estimated hour per response).

$0
No
No
No
No
No
Uncollected
Preston Quesenberry 202 622-6902

  No

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:
 
 
 
 
 
 
 
    (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;
 
 
 
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.
02/22/2011


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