Supporting Statement

Supporting Statement.doc

Form 5310, Application for Determination for Terminating Plan; Form 6088, Distributable Benefits from Employee Pension Benefit Plans

OMB: 1545-0202

Document [doc]
Download: doc | pdf

SUPPORTING STATEMENT

(IRS Forms 5310 and 6088)



1. CIRCUMSTANCES NECESSITATING COLLECTION OF INFORMATION


Internal Revenue Code (IRC) section 404 allows employers an income tax deduction for contributions to their qualified (under section 401(a)) deferred compensation plans.


2. USE OF DATA


Form 5310 is used to request an IRS determination letter about the plan’s qualification status (qualified or nonqualified) under Code section 401(a). Form 6088 is used to show the amounts of distributable benefits to participants in the plan.

3. USE OF IMPROVED INFORMATION TECHNOLOGY TO REDUCE BURDEN


Forms 5310 and 6088 cannot be filed electronically, since their relatively low volume does not justify the cost electronic enabling.


4. EFFORTS TO IDENTIFY DUPLICATION


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


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


Not applicable.


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


Not applicable.


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


Not applicable.






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


Periodic meetings are held between IRS personnel and representatives of the American Bar Association, the National Society of Public Accountants, the American Institute of Certified Public Accountants, and other professional groups to discuss tax law and tax forms. During these meetings, there is an opportunity for those attending to make comments regarding Forms 5310 and 6088.


In response to the Federal Register notice dated March 12, 2012, (77 FR 14598), we received no comments during the comment period regarding Forms 5310 and 6088.


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


Not applicable.


  1. ASSURANCE OF CONFIDENTIALITY OF RESPONSES


Generally, tax returns and tax return information are confidential as required by 26 USC 6103.


  1. JUSTIFICATION OF SENSITIVE QUESTIONS


Not applicable.


  1. ESTIMATED BURDEN OF INFORMATION COLLECTION


The burden estimate is as follows:


Number of Time per Total

Responses Response Hours

Form 5310 15,000 100.77 1,511,550

Form 6088 25,000 8.27 _206,750

Total 40,000 1,718,300


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


  1. ESTIMATED TOTAL ANNUAL COST BURDEN TO RESPONDENTS


As suggested by OMB, our Federal Register notice dated March 12, 2012 (77 FR 14598), 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.


14. ESTIMATED ANNUALIZED COST TO THE FEDERAL GOVERNMENT


After consultation with various functions within the Service, we have determined that the cost of developing, printing, processing, distribution and overhead for Forms 5310 and 6088 is $57,064.


15. REASONS FOR CHANGE IN BURDEN


The total annual hours previously approved by OMB for forms 5310 and 6088 decreased. A separate IC is created for each of the two forms. The first IC pertains to the form 5310. The second IC pertains to the form 6088. The number of respondents for form 6088 has been updated to reflect an increase in the number of expected filers from 15,000 to 25,000. Splitting each form's computation resulted in more efficient and streamlined computations and decreased total annual burden by 95,350 hours.


16. PLANS FOR TABULATION, STATISTICAL ANALYSIS AND PUBLICATION


Not applicable.


  1. REASONS WHY DISPLAYING THE OMB EXPIRATION DATE IS INAPPROPRIATE


See attachment.


  1. 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.

OMB EXPIRATION DATE


We believe the public interest will be better served by not printing an expiration date on the form(s) in this package.


Printing the expiration date on the form will result in increased costs because of the need to replace inventories that become obsolete by passage of the expiration date each time OMB approval is renewed. Without printing the expiration date, supplies of the form could continue to be used.


The time period during which the current edition of the form(s) in this package will continue to be usable cannot be predicted. It could easily span several cycles of review and OMB clearance renewal. In addition, usage fluctuates unpredictably. This makes it necessary to maintain a substantial inventory of forms in the supply line at all times. This includes supplied owned by both the Government and the public. Reprinting of the form cannot be reliably scheduled to coincide with an OMB approval expiration date. This form may be privately printed by users at their own expense. Some businesses print complex and expensive marginally punched continuous versions, their expense, for use in their computers. The form may be printed by commercial printers and stocked for sale. In such cases, printing the expiration date on the form could result in extra costs to the users.


Not printing the expiration date on the form(s) will also avoid confusion among taxpayers who may have identical forms with different expiration dates in their possession.


For the above reasons we request authorization to omit printing the expiration date on the form(s) in this package.



5



File Typeapplication/msword
AuthorJ11FB
Last Modified ByDHSNB
File Modified2012-06-26
File Created2009-02-24

© 2024 OMB.report | Privacy Policy