Supporting_Statement-REV

Supporting_Statement-REV.doc

Form 4972---Tax on Lump-Sum Distributions (From Qualified Retirement Plans of Plan Participants Born Before 1936)

OMB: 1545-0193

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SUPPORTING STATEMENT

(IRS Form 4972)



1. CIRCUMSTANCES NECESSITATING COLLECTION OF INFORMATION


IRC section 402(e) and regulation section 1.402(e) allow recipients of lump-sum distributions to figure the tax separately on the distributions. The tax can be computed on the 10-year averaging method and/or by a special capital gain method. Form 4972 is used to figure the separate tax and to make a special 20 percent capital gain election on lump-sum distributions attributable to pre-74 participation.


2. USE OF DATA


Form 4972 is filed with Form 1040 to elect special tax computation on lump-sum distributions. This information is used by the Service to verify the taxpayer’s entitlement to special tax computation and to verify that the tax is computed properly.


3. USE OF IMPROVED INFORMATION TECHNOLOGY TO REDUCE BURDEN


We are currently offering electronic filing for Form 4972.


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 Form 4972.


In response to the Federal Register notice (77 FR 25783), dated May 1, 2012, we received no comments during the comment period regarding Form 4972.


  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 4972 13,922 4.40 61,257


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


Reporting regulations which impose no additional burden:

1.402(e)-2, 3, 14

11.402(e)4(A) & (B)


We have reviewed these regulations and have determined that the reporting requirements contained in them are entirely reflected on the form. Please continue to assign OMB number 1545-0193 to these regulations.


  1. ESTIMATED TOTAL ANNUAL COST BURDEN TO RESPONDENTS


As suggested by OMB, our Federal Register notice dated May 1, 2012 requested public comments on estimates of cost 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 Form 4972 is $70,717.


15. REASONS FOR CHANGE IN BURDEN


The decrease in paperwork burden previously approved by OMB is due to updated estimated number of filers. The previous 2 renewals were based on the number of forms filed in 2003. The current estimate is based on the average number of filers who filed this form over the past 7 years.


This form presents a very different challenge when compared to other forms because the economy and inflation will probably have less effect on filing it than the age and reason the person is filing this form. This form is for taxpayers who are at least 77 in 2012 or their beneficiaries. The highest number reported filed in our tax statistics lately would be for 2003. The number filed based on a sampling of the total forms filed was 21,370. The key word is sampling. The number of forms filed based on the sampling for our tax statistics from 2003 forward are:

  • 2003                21,370

  • 2004                  9,884

  • 2005                12,420

  • 2006                13,439

  • 2007                14,214

  • 2008                13,735

  • 2009                12,394


The new estimate is 13922. This is an average of the number of Form 4972 filed for the last seven years up to 2009.


We are also making this submission to renew the OMB approval.


  1. PLANS FOR TABULATION, STATISTICAL ANALYSIS AND PUBLICATION


Not applicable.


  1. REASONS WHY DISPLAYING THE OMB EXPIRATION DATE IS INAPPROPRIATE



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 obsoleted 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 supplies 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, at 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.


We are requesting OMB approval for continued use of the prior version of the form(s) in this clearance package, so that late filers will have the previous versions available to them in future years.




  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.

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Last Modified ByWolfgang, Dawn
File Modified2012-10-25
File Created2012-10-25

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