Justification of Change in Burden estimates for 2011

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Durbala R Joseph
Subject: FW: Form 5500 - Forms/Schedules
From: Vrooman Vikki
Sent: Thursday, December 01, 2011 3:26 PM
To: Durbala R Joseph
Subject: RE: Form 5500 - Forms/Schedules
Joe,
TEGE-EP (Yaguo Zhang) has shared the following:
1. Authority to add optional trust information
Section 6033(a) requires every organizations exempt from taxation under section 501(a) to file an annual
return. Trust information was previously included on the Schedule P, authorized by section 6033(a). As
part of the switch to electronic filing of the Form 5500, Announcement 2007-63 eliminated Schedule P
effective for the 2006 and later plan years (2005 Plan Year for Form 5500-EZ filers). IRS suggests adding
the name of the trust and the trust’s EIN on the 2012 the Forms 5500.

2. Authority to add optional Preparer information
Preparer information was optional in Form 5500 in 2008 and previous years and was removed from Form
5500 in 2009.
Section 7701(a)(36) of the Code defines the tax return preparer as any person who prepares for
compensation, or who employs one or more persons to prepare for compensation, any tax return or claim
for refund, or substantial portion of such return or claim . The Small Business and Work Opportunity Tax
Act of 2007, Pub. L. No. 110-28, 121 Stat. 190, extend the application of the income tax return preparer
penalties to all tax return preparers. Revenue Procedure 2009-7, 2009-3 I.R.B.313, clarifies that Form
5500 preparers (including Form 5500-EZ and Form 5500-SF) are the tax return preparers.
Treasury regulations under section 6109 of the Code, require these preparers to furnish PTINs and
signatures in filing for tax returns for purposes of the Internal Revenue Code. Although, Notice 2011-6
temporarily exempts Forms 5500 from PTIN requirements, Treasury regulations require all paid tax return
preparers to obtain the PTINs. Therefore, IRS proposed to include optional Preparer Information in
Forms 5500 for purposes of compliance with the Internal Revenue Code, Treasury regulations, and
operations.

From: Cosby, Chris - EBSA [mailto:[email protected]]
Sent: Tuesday, November 29, 2011 11:29 AM
To: Durbala R Joseph; Junkins Ann E
Cc: Zhang Yaguo; Vrooman Vikki; Woodworth Esther M; Lawrence Yvette B
Subject: RE: Form 5500 - Forms/Schedules

Hi Joe:
Yes, the burden increase is 37,601 hours.
Best,
Chris
From: Junkins Ann E
Sent: Monday, November 28, 2011 1:58 PM

12/2/2011

Page 2 of 2

To: Durbala R Joseph
Cc: Zhang Yaguo; Vrooman Vikki; Woodworth Esther M; Lawrence Yvette B
Subject: Form 5500 - Forms/Schedules

Joe
Attached is the fist version of the PY 2012 Form 5500 and Form 5500-SF instructions. The
instructions are to be in final form before Feb 1st.
Can you begin putting the request package together with this version of the forms?
thanks.
Ann E. Junkins, PMP
Project Manager, Employee Plans
Tax Exempt/Government Entities Division
Internal Revenue Service
Telephone: (202) 283-0722

12/2/2011