2019_03_26_SS_1545-0887r

2019_03_26_SS_1545-0887r.docx

Information Return for Publicly Offered Original Issue Discount Instruments

OMB: 1545-0887

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SUPPORTING STATEMENT

Internal Revenue Service (IRS)

Information Return for Publicly Offered Original Issue Discount Instruments

Form 8281

OMB Control Number 1545-0887


  1. CIRCUMSTANCES NECESSITATING COLLECTION OF INFORMATION

Section 1275(c)(2) of the Internal Revenue Code requires the furnishing of certain information to the IRS by issuers of publicly offered debt instruments. Regulations section 1.1275-3 prescribes the information to be reported on the form. File Form 8281 to provide the information required by section 1275(c). The reporting requirements of section 1275(c) were designed to facilitate the IRS’s collection and publication of the original issue discount (OID) information needed by brokers and middlemen in order for them to provide information returns to holders of OID debt instruments.

  1. USE OF DATA


The information is used to update Publication 1212, Guide to Original Issue Discount (OID) Instruments, to enable brokers and other middlemen to identify publicly traded OID obligations, which they may hold as nominees for the true owners, so that they can meet the requirement to file Forms 1099-INT and 1099-OID as required by section 6049.


  1. USE OF IMPROVED INFORMATION TECHNOLOGY TO REDUCE BURDEN


Form 8281 is not electronically filed because Modernized efile has not chosen to enable it for electronic filing by devoting the necessary time, money, and resources to do so. The IRS has concluded that budgetary considerations require that the limited resources available for enabling electronic filing be allocated to ICs other than the Form 8281, where the benefits of electronic filing are greater.


  1. EFFORTS TO IDENTIFY DUPLICATION


The information obtained through this collection is unique and is not already available or use or adaption from another source.


  1. METHODS TO MINIMIZE BURDEN ON SMALL BUSINESSES OR OTHER SMALL ENTITIES


There is no burden on small businesses or other small entities due to the inapplicability of the

authorizing statute to this type of entity since it is applicable to issuer of publicly offered debt

instruments having original issue discount (OID), required by section 1275(c).


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


A less frequent collection would not provide the IRS the information needed to update Publication 1212, Guide to Original Issue Discount (OID) Instruments, to enable brokers and other middlemen to identify publicly traded OID obligations, which they may hold as nominees for the true owners, so that they can meet the requirement to file Forms 1099-INT and 1099-OID as required by section 6049 and would hinder the IRS from meeting its mission.


  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


In response to the Federal Register notice dated February 1, 2019 (84 FR 1279), we received no comments during the comment period regarding these regulations.


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


No payment or gift has been provided to any respondents.


  1. ASSURANCE OF CONFIDENTIALITY OF RESPONSES


Generally, tax returns and tax return information are confidential as required by 26 U.S.C. 6103.


  1. JUSTIFICATION OF SENSITIVE QUESTIONS


A privacy impact assessment (PIA) has been conducted for information collected under this request as part of the “Business Master file (BMF)” and a Privacy Act System of Records notice (SORN) has been issued for these systems under IRS 22.062 – Electronic Filing Records; IRS 24.030 – Customer Account Data Engine (CADE) Individual Master File; IRS 24.046 - CADE Business Master File (BMF); IRS 34.037 - IRS Audit Trail and Security Records System. The Internal Revenue Service PIA’s can be found at https://www.irs.gov/uac/Privacy-Impact-Assessments-PIA .


Title 26 USC 6109 requires inclusion of identifying numbers in returns, statements, or other documents for securing proper identification of persons required to make such returns, statements, or documents and is the authority for social security numbers (SSNs) in IRS systems.


  1. ESTIMATED BURDEN OF INFORMATION COLLECTION


It is anticipated that approximately 500 issuers of publicly offered debt instruments trustees will file Form 8281. This reporting requirements of section 1275(c) and form were designed to facilitate the IRS’s collection and publication of the original issue discount (OID) information needed by brokers and middlemen in order for them to provide information returns to holders of OID debt instruments, and will take the respondent approximately 6.12 hours to complete. The total annual hour burden for this Form is approximately 3,060 hours.







Form

Description

# Respondents

# Responses Per Respondent-

Approximate

Total Annual Responses

Hours Per Response

Total Burden

8281

Information Return for Publicly Offered Original Issue Discount Instruments


500

1

500

6.12

hours


3,060

TOTAL


500


500


3,060


  1. ESTIMATED TOTAL ANNUAL COST BURDEN TO RESPONDENTS


To ensure more accuracy and consistency across its information collections, IRS is currently in the process of revising the methodology it uses to estimate burden and costs. Once this methodology is complete, IRS will update this information collection to reflect a more precise estimate of burden and costs.


  1. ESTIMATED ANNUALIZED COST TO THE FEDERAL GOVERNMENT


The Federal government cost estimate is based on a model that considers the following three cost factors for each information product: aggregate labor costs for development, including annualized start up expenses, operating and maintenance expenses, and distribution of the product that collects the information.


The government computes cost using a multi-step process. First, the government creates a weighted factor for the level of effort to create each information collection product based on variables such as; complexity, number of pages, type of product and frequency of revision. Second, the total costs associated with developing the product such as labor cost, and operating expenses associated with the downstream impact such as support functions, are added together to obtain the aggregated total cost. Then, the aggregated total cost and factor are multiplied together to obtain the aggregated cost per product. Lastly, the aggregated cost per product is added to the cost of shipping and printing each product to IRS offices, National Distribution Center, libraries and other outlets. The result is the Government cost estimate per product.


The government cost estimate for this collection is summarized in the table below.


Product

Aggregate Cost per Product (factor applied)


Printing and Distribution


Government Cost Estimate per Product

Form 8281

$ 10,936


0


$ 10,936

Table costs are based on 2018 actuals obtained from IRS Chief Financial Office and Media and Publications








  1. REASONS FOR CHANGE IN BURDEN


There have been no changes to the forms that would affect burden.

 

Requested

Program Change Due to New Statute

Program Change Due to Agency Discretion

Change Due to Adjustment in Agency Estimate

Change Due to Potential Violation of the PRA

Previously Approved

Annual Number of Responses

  500

  0

  0

  0

  0

  500

Annual Time Burden (Hr)

  3,060

  0

  0

  0

  0

  3,060


  1. PLANS FOR TABULATION, STATISTICAL ANALYSIS AND PUBLICATION


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


  1. REASONS WHY DISPLAYING THE OMB EXPIRATION DATE IS INAPPROPRIATE


IRS believes that displaying the OMB expiration date is inappropriate because it could cause confusion by leading taxpayers to believe that the regulations 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.


  1. EXCEPTIONS TO THE CERTIFICATION STATEMENT


There are no exceptions to the certification statement.


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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