IRS Code section 1381 requires
subchapter T cooperatives to file returns. Previously, farmers'
cooperatives filed Form 990-C and other subchapter T cooperatives
filed Form 1120. If the subchapter T cooperative does not meet
certain requirements, the due date of their return is two and
one-half months after the end of their tax year which is the same
as the due date for all other corporations. The due date for income
tax returns filed by subchapter T cooperatives who meet certain
requirements is eight and one-half months after the end of their
tax year. Cooperatives who filed their income tax returns on Form
1120 were considered to be late and penalties were assessed since
they had not filed by the normal due date for Form 1120. Due to the
assessment of the penalties, burden was placed on the taxpayer and
on the IRS employees to resolve the issue.
US Code:
26
USC 1381 Name of Law: Organizations to which part applies
Beginning with tax year 2011,
Schedule A previously found at the top of page 2 has been deleted.
This schedule has been replaced with the stand alone Form 1125-A.
Schedule E previously found on page 3 has been deleted. This
schedule has been replaced with the stand alone Form 1125-E. Old
lines 25, 26a, 26b, 26c, and 26d have been reformatted into new
lines 25a, 25b, 25c, 26a, 26b, and 26c. These changes are based on
comments we received from the National Council of Farmer
Cooperatives. This submission is for renewal purposes, and to
correctly reflect the change in burden incurred by these changes.
Changes were made to form 1120-C, per the following statutes and
regulations: 170(e)(3)(C)(iv) and 170(e)(3)(D)(iv) Code sections
181(f) and 198(h) RP 2011-21 Code section 6651(a)(2) Code sections
301(c) and 312 TD 9542 which revised Regulations sections
1.195-1(b) and 1.248-1(c) Code section 108(i) Revenue Ruling
65-106, 1965-1 C.B. 126 P.L. 110-246, section 15311 Public Law
(P.L.) 111-240, sections 2012 and 2013
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.