1545-0712_supporting_statement_20160322(N)

1545-0712_supporting_statement_20160322(N).doc

Form 6198 - At-Risk Limitations

OMB: 1545-0712

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Supporting Statement

Form 6198

OMB #1545-0712



  1. CIRCUMSTANCES NECESSITATING COLLECTION OF INFORMATION


Section 465 of the Internal Revenue Code, Sections 7.465-1 through 7.465-5 of the regulations, Section 1.465-1T of the temporary regulations, and Sections 1.465-1T and 1.465-8 of the regulations provide that a loss from an at-risk activity is limited to the lesser of the amount a taxpayer is at risk or the amount of the loss. Form 6198, At-Risk Limitations, is used to determine the deductible loss.


2. USE OF DATA


The IRS uses the data from the form to determine if the loss deduction is proper.


3. USE OF IMPROVED INFORMATION TECHNOLOGY TO REDUCE BURDEN


Electronic filing is currently available for Form 6198.


  1. 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


There are no small entities affected by this collection.


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


If the IRS did not collect this information, the IRS would not be able to determine if the loss deduction is proper.


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


There are no special circumstances requiring data collection to be inconsistent with Guidelines in 5 CFR 1320.5(d)(2).


  1. 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 6198.

In response to the Federal Register notice dated January 20, 2016, (81 FR 3239), we received no comments during the comment period regarding Form 6198.


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


No payment or gift has been provided to any respondents.


10. ASSURANCE OF CONFIDENTIALITY OF RESPONSES


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


11. JUSTIFICATION OF SENSITIVE QUESTIONS


No personally identifiable information (PII) is collected.


12. ESTIMATED BURDEN OF INFORMATION COLLECTION


Number of Time per Total

Responses Response Hours


Form 6198 230,332 3.97 914,419

Form 6198 is used by individuals, households, estates and trusts.  The estimate of burden that is being reported under 1545-0712 reports only the burden imposed on estates and trusts.  The portion of the burden imposed on individuals and households are approved and reported under OMB Control Number 1545-0074.


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


The following regulations impose no additional burden:

Please continue to assign OMB number 1545-0712 these regulations.


7.465-1 thru 5 1.465-1T


1.465-8 1.469-2T



13. ESTIMATED TOTAL ANNUAL COST BURDEN TO RESPONDENTS


There are no start-up costs associated with this collection.


14. ESTIMATED ANNUALIZED COST TO THE FEDERAL GOVERNMENT


The primary cost to the government consists of the cost of printing this form. We estimate that the cost of printing Form 6198 is $2,568.


15. REASONS FOR CHANGE IN BURDEN


There are no changes to the form or burden previously approved by OMB. We are making this submission to renew the OMB approval.


16. PLANS FOR TABULATION, STATISTICAL ANALYSIS AND PUBLICATION


There are no plans for tabulation, statistical analysis and publication.


17. REASONS WHY DISPLAYING THE OMB EXPIRATION DATE IS INAPPROPRIATE


We believe that displaying the OMB expiration date is inappropriate because it could cause confusion by leading taxpayers to believe that the form sunsets as of the expiration date. Taxpayers are not likely to be aware that the Service intends to request renewal of the OMB approval and obtain a new expiration date before the old one expires.


18. EXCEPTION TO THE CERTIFICATION STATEMENT


There are no exceptions to the certification statement for this collection.














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.



File Typeapplication/msword
File Title#1545-0712 supporting statement
AuthorInternal Revenue Service
Last Modified ByDepartment of Treasury
File Modified2016-03-31
File Created2016-03-24

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