Failure To File Gain Recognition Agreements or Satisfy Other Reporting Obligations

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
1545-1487 Supporting Statement.doc	Supporting Statement A	Uploaded 2016-11-01	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
18462	Failure To File Gain Recognition Agreements or Satisfy Other Reporting Obligations (TD 9704 - final)		Modified

ICR Details

OMB Control No: 1545-1487	ICR Reference No: 201404-1545-007
Status: Historical Active	Previous ICR Reference No: 201112-1545-018
Agency/Subagency: TREAS/IRS	Agency Tracking No:
Title: Failure To File Gain Recognition Agreements or Satisfy Other Reporting Obligations
Type of Information Collection: Reinstatement without change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 06/02/2017
Retrieve Notice of Action (NOA)	Date Received in OIRA: 11/30/2016
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2020	36 Months From Approved
Responses	414	0	0
Time Burden (Hours)	2,471	0	0
Cost Burden (Dollars)	0	0	0

---

Abstract: Sections 367(e)(1) and 367(e)(2) provide for gain recognition on certain transfers to foreign persons under sections 355 and 332. Section 6038B(a) requires U.S. persons transferring property to foreign persons in exchanges described in sections 332 and 355 to furnish information regarding such transfers.

---

Authorizing Statute(s): US Code: 26 USC 367(e)(2) Name of Law: Liquidation under section 332.
   US Code: 26 USC 332 Name of Law: Complete liquidation of subsidiaries.
   US Code: 26 USC 367(e)(1) Name of Law: Distributions describled in section 355.
   US Code: 26 USC 355 Name of Law: Distribution of stock and decurities of a controlled corporation.
   US Code: 26 USC 6038B Name of Law: Notice of certain transfers to foreign persons.
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 39105	06/15/2016
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 86380	11/30/2016
Did the Agency receive public comments on this ICR? No

---

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

table that charts list of burden

IC Title	Form No.	Form Name
Failure To File Gain Recognition Agreements or Satisfy Other Reporting Obligations (TD 9704 - final)

---

ICR Summary of Burden

table that charts list 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	414	0	0	0	0	414
Annual Time Burden (Hours)	2,471	0	0	0	0	2,471
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: No

Burden Reduction Due to:

Short Statement:

---

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

---

Common Form ICR:  No

---

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: 11/30/2016

---