Information Reporting Requirements Under Code Sec. 6039

Forms and Documents

Document Name	Status
Form 3922 Form 3922 - Transfer of Stock Acquired Through an Employee Stock Purchase Plan Under Section 423(c) Form	Modified
Form 3921 Form 3921 - Exercise of an Incentive Stock Option Under Section 422(b). Form	Modified
Supporting Statement 1545-2129_clean.docx Supporting Statement A	2024-07-11

IC Document Collections

IC ID	Document Title	Status
186592	TD 9470 - Information Reporting Requirements Under Internal Revenue Service Code Sec. 6039	Removed
186591	Form 3922 - Transfer of Stock Acquired Through an Employee Stock Purchase Plan Under Section 423(c) Form	Modified
186590	Form 3921 - Exercise of an Incentive Stock Option Under Section 422(b). Form	Modified

ICR Details

OMB Control No: 1545-2129	ICR Reference No: 202405-1545-003
Status: Received in OIRA	Previous ICR Reference No: 202103-1545-018
Agency/Subagency: TREAS/IRS	Agency Tracking No:
Title: Information Reporting Requirements Under Code Sec. 6039
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 07/31/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved	07/31/2024
Responses	6,676,894	51,000
Time Burden (Hours)	1,457,411	25,205
Cost Burden (Dollars)	0	0

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Abstract: Form 3921 is a copy of the information return filed with the Internal Revenue Service by the corporation which transferred shares of stock to a recipient. Form 3922 is used by the corporation to record a transfer of the legal title of a share of stock acquired by the employee where the stock was acquired pursuant to the exercise of an option described in Internal Revenue Code section 423(c). Treasury Decision 9470 contains the final regulations relating to the return and information statement requirements under Internal Revenue Code section 6039. These regulations reflect changes to section 6039 made by section 403 of the Tax Relief and Health Care Act of 2006.

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Authorizing Statute(s): PL: Pub.L. 109 - 432 403 Name of Law: Tax Relief and Health Care Act of 2006
   US Code: 26 USC 6039 Name of Law: Information required in connection with certain options
  

Citations for New Statutory Requirements: None

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

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 15263	03/01/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 61586	07/31/2024
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Form 3921 - Exercise of an Incentive Stock Option Under Section 422(b).	3921	Excise of an Incentive Stock Option Under Section 422(b)
Form 3922 - Transfer of Stock Acquired Through an Employee Stock Purchase Plan Under Section 423(c)	3922	Transfer of Stock Acquired Through an Employee Stock Purchases Plan Under Section 423(c)
TD 9470 - Information Reporting Requirements Under Internal Revenue Service Code Sec. 6039

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ICR Summary of Burden

	Total Request	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	6,676,894	51,000	0	0	6,625,894	0
Annual Time Burden (Hours)	1,457,411	25,205	0	0	1,432,206	0
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: Updates to the estimated annual reporting's of Forms 3921 and 3922 will increase the overall burden by 1,432,206 hours. All burden associated with TD 9470 is incorporated and collected through Form 3921 and Form 3922.

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Annual Cost to Federal Government: $53,044

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

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? No

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Common Form ICR:  No

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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: 07/31/2024

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