Supporting Statement 1545-1843

Supporting Statement 1545-1843.docx

TD 9207 - Assumption of Partner Liabilities

OMB: 1545-1843

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SUPPORTING STATEMENT

Internal Revenue Service

TD 9207

OMB Control Number 1545-1843



1. CIRCUMSTANCES NECESSITATING COLLECTION OF INFORMATION


This document contains final regulations relating to the definition of liabilities under Section 752 of the Internal Revenue Code. These regulations provide rules regarding a partnership’s assumption of certain fixed and contingent obligations in connection with the issuance of a partnership interest and provide conforming changes to certain regulations.

These regulations also provide rules under section 358(h) for assumptions of liabilities by corporations from partners and partnerships. Finally, this document also contains regulations relating to the assumption of certain liabilities under section 358(h).

  1. USE OF DATA


Under 26 CFR §§ 1.752-7(e),(f),(g)and (h), the former partner will attach the notification to the return on which the deduction is being claimed. Also, under 26 CFR §1.752-7(j)(2), the partnership will attach the election to the timely filed return. The Internal Revenue Service (IRS) uses these collections to ensure the correct amount of taxes are paid.


  1. USE OF IMPROVED INFORMATION TECHNOLOGY TO REDUCE BURDEN


The IRS has no plans to offer electronic filing as these are narrative statements.


  1. EFFORTS TO IDENTIFY DUPLICATION


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


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


The collection of information requirement will not have a significant economic impact on a substantial number of small entities.


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


Consequences of less frequent collection on federal programs or policy activities would consist of: decreased amount of taxes collected by the IRS, inaccurate and untimely filing of tax returns, and an increase in tax violations.


7. SPECIAL CIRCUMSTANCES REQUIRING DATA COLLECTION TO BEINCONSISTENT 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 ONAVAILABILITY OF DATA, FREQUENCY OF COLLECTION, CLARITY OF INSTRUCTIONS AND FORMS, AND DATA ELEMENTS


We received no comments during the comment period in response to the Federal Register notice (90 FR 11354), dated March 5, 2025.

  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 USC 6103.


  1. JUSTIFICATION OF SENSITIVE QUESTIONS


There is no sensitive personally identifiable information (PII) in this collection.


  1. ESTIMATED BURDEN OF INFORMATION COLLECTION


The collections of information in this final regulation is in §1.752–7(e), (f), (g), and (h). This information is required for a former or current partner of a partnership to take deductions, losses, or capital expenses attributable to the satisfaction of the §1.752–7 liability. This information will be used by the partner in order to take a deduction, loss, or capital expense.


An additional collection of information in this final regulation is in §1.752–7(k)(2). This information is required to inform the IRS of partnerships making the designated election and to report income appropriately.



Authority

Description

# of Respondents

# Responses per Respondent

Annual Responses

Hours per Response

Total Burden

1.752

TD 9207

250

1

1

.5

125

Totals


250




125



  1. ESTIMATED TOTAL ANNUAL COST BURDEN TO RESPONDENTS


This information collection and its burden will be accounted for in the consolidated OMB submission for business returns during the next annual submission.


  1. ESTIMATED ANNUALIZED COST TO THE FEDERAL GOVERNMENT


This information collection and its cost will be accounted for in the consolidated OMB submission for business returns during the next annual submission.


  1. REASONS FOR CHANGE IN BURDEN


There is no change in the total burden. This submission is for renewal purposes only.


  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


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


18. EXCEPTIONS TO THE CERTIFICATION STATEMENT


There are no exceptions to the certification statement.



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