This document contains proposed regulations concerning the deduction for qualified business income under section 199A of the Internal Revenue Code (Code). The regulations will affect individuals, partnerships, S corporations, trusts, and estates engaged in domestic trades or businesses. The proposed regulations also contain an anti-avoidance rule under section 643 of the Code to treat multiple trusts as a single trust in certain cases.
US Code:
26 USC 643
Name of Law: Definitions applicable to subparts A, B, C, and D
US Code:
26 USC 199A
Name of Law: Qualified business income
US Code: 26 USC 199A Name of Law: Qualified business income
Section 1.199A-4 of the proposed regulations requires an individual, trust, or estate that chooses to aggregate two or more trades or businesses to file an annual disclosure of the aggregation, describing the trades or businesses aggregated. This disclosure must be attached to the tax return. We estimate that approximately 1,200,000 aggregation disclosures will be filed, and that it will take approximately .66 hours to complete this requirement.
The total burden for this citation is 800,000 hours.
Section 1.199A-6 of the proposed regulations requires partnerships, S corporations, trusts, and estates to attach a statement describing the items relevant to the calculation of the section 199A deduction (that is, qualified business income, W-2 wages paid, unadjusted basis immediately after acquisition of qualified property, qualified real estate investment trust dividends, and qualified publicly traded partnership income) to the Schedule K-1 required under existing law to be issued to each partner, shareholder, or beneficiary. We estimate that approximately 8,800,000 documents will be filed and that it will take approximately 2.75 hours to complete this requirement.
The total burden for this citation is 24,200,000 hours.
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.