Revenue Procedure 2009-41, Extension of Time to File Entity Classification Elections

Forms and Documents

Document Name	Status
Revenue Procedure 2009-41.pdf Supplementary Document	2011-09-08
Sup. Stmnt. Rev Proc. 2009-41.doc Supporting Statement A	2011-09-16

IC Document Collections

IC ID	Document Title	Status
190271	Revenue Procedure 2009-41, Extension of Time to File Entity Classification Elections	Modified

ICR Details

OMB Control No: 1545-1771	ICR Reference No: 201109-1545-005
Status: Historical Active	Previous ICR Reference No: 200908-1545-008
Agency/Subagency: TREAS/IRS	Agency Tracking No: jg-1771-005
Title: Revenue Procedure 2009-41, Extension of Time to File Entity Classification Elections
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 12/01/2011
	Date Received in OIRA: 09/27/2011
Terms of Clearance: Burden changes (double-counting) reclassified as owing to change in agency estimate.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2014	36 Months From Approved	11/30/2011
Responses	1	0	300
Time Burden (Hours)	1	0	4,554
Cost Burden (Dollars)	0	0	0

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Abstract: This revenue procedure provides guidance under § 7701 of the Internal Revenue Code for an eligible entity that requests relief for a late classification election filed with the applicable IRS service center within 3 years and 75 days of the requested effective date of the eligible entity's classification election. The revenue procedure also provides guidance for those eligible entities that do not qualify for relief under this revenue procedure and that are required to request a letter ruling in order to request relief for a late entity classification. This revenue procedure supersedes Rev. Proc. 2002–59 by extending late entity classification relief to both initial classification elections and changes in classification elections along with extending the time for filing late entity classification elections to within 3 years and 75 days of the requested effective date of the eligible entity's classification election.

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Authorizing Statute(s): US Code: 26 USC 7701 Name of Law: Definitions
  

Citations for New Statutory Requirements: None

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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
60-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 13449	03/11/2011
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 59187	09/23/2011
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Revenue Procedure 2009-41, Extension of Time to File Entity Classification Elections

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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	1	300	0	0	-299	0
Annual Time Burden (Hours)	1	4,554	0	0	-4,553	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: Yes

Burden Reduction Due to: Cutting Redundancy

Short Statement: The collection of information in these regulations is in Sections 4.02 and 4.04 of this revenue procedure. The information will help the IRS to determine if an eligible entity meets the requirements of Section 4.01 of this revenue procedure. The collection of information is required to obtain permission to file a late entity classification election. The information will be reported on Form 8832 (OMB Control Number 1545-1516), or submitted as part of a of a letter ruling request. The reduction of 4,553 is due to an adjustment in our estimate to eliminate duplicate counting of burden. This revenue procedure prescribed the use Form 8823, which is currently cleared under OMB #1545-1516. The IRS wishes to retain this clearance in the event that there are any future collections of information from this revenue procedure which may be required outside of those required of the form.

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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)? 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: 09/27/2011

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