Notice2023-18716

Agency Information Collection Activities; Submission for OMB Review; Comment Request; Multiple Internal Revenue Service (IRS) Information Collection Requests

Primary source

Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
August 30, 2023

Issuing agencies

Treasury Department

Abstract

The Department of the Treasury will submit the following information collection requests to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995, on or after the date of publication of this notice. The public is invited to submit comments on these requests.

Full Text

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<title>Federal Register, Volume 88 Issue 167 (Wednesday, August 30, 2023)</title>
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[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Notices]
[Pages 60012-60016]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18716]


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DEPARTMENT OF THE TREASURY


Agency Information Collection Activities; Submission for OMB 
Review; Comment Request; Multiple Internal Revenue Service (IRS) 
Information Collection Requests

AGENCY: Departmental Offices, U.S. Department of the Treasury.

ACTION: Notice.

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SUMMARY: The Department of the Treasury will submit the following 
information collection requests to the Office of Management and Budget 
(OMB) for review and clearance in accordance with the Paperwork 
Reduction Act of 1995, on or after the date of publication of this 
notice. The public is invited to submit comments on these requests.

DATES: Comments should be received on or before September 29, 2023 to 
be assured of consideration.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Copies of the submissions may be 
obtained from Melody Braswell by emailing <a href="/cdn-cgi/l/email-protection#e8b8baa9a89c9a8d899b9d9a91c68f879e"><span class="__cf_email__" data-cfemail="4b1b190a0b3f392e2a383e3932652c243d">[email&#160;protected]</span></a>, calling 
(202) 622-1035, or viewing the entire information collection request at 
<a href="http://www.reginfo.gov">www.reginfo.gov</a>.

SUPPLEMENTARY INFORMATION: 
    1. Title: U.S. Income Tax Return for Estates and Trusts.
    OMB Number: 1545-0092.
    Form Number: Form 1041 and associated schedules.
    Abstract: Internal Revenue Code section 6012 requires that an 
annual income tax return be filed for estates and trusts. The IRS uses 
the data to determine that the estates, trusts, and beneficiaries filed 
the proper returns and paid the correct tax.
    Current Actions: There are changes to the existing collection. (1) 
Form 1041 removed lines for obsolete credits, added lines for new 
credits, and separated checkboxes and sublines into separate lines for 
clarity; (2) obsolete information collections were removed; and (3) the 
estimated number of responses was updated to reflect current filings 
and future estimates.
    Type of Review: Revision of a currently approved collection.

[[Page 60013]]

    Affected Public: Businesses or other for-profits; and Individuals 
and households.
    Estimated Number of Responses: 11,330,423.
    Estimated Time per Respondent: 31 hours, 30 minutes.
    Estimated Total Annual Burden Hours: 356,948,857.
    2. Titles: Form 4422--Application for Certificate Discharging 
Property Subject to Estate Tax Lien and Form 15056--Escrow Agreement 
for Estates.
    OMB Number: 1545-0328.
    Form Numbers: 4422 and 15056.
    Abstract: Form 4422 is completed by either an executor, 
administrator, or other interested party for requesting release of any 
or all property of an estate from the Estate Tax Lien. Form 15056 is a 
contractual agreement between three parties (the IRS, Taxpayer, and 
Escrow agent) to hold funds from property sales subject to the Federal 
estate tax lien. The only information it requires is a quarterly 
statement reflecting the balance in the escrow account as proof that 
the funds are being held in accordance with the agreement.
    Current Actions: There are no changes being made to the forms at 
this time. However, the estimated number of responses are decreased due 
to the most current filing data.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Individuals or households, business or other for-
profit, not-for-profit institutions, farms, Federal Government, State, 
local, or Tribal gov't.
    Form 4422:
    Estimated Number of Respondents: 1,000.
    Estimated Time per Respondent: 30 minutes.
    Estimated Total Annual Burden Hours: 500.
    Form 15056:
    Estimated Number of Respondents: 20.
    Estimated Time per Respondent: 30 minutes.
    Estimated Total Annual Burden Hours: 10.
    3. Title: Statement of Payments Received.
    OMB Number: 1545-0364.
    Form Number: 4669.
    Abstract: Form 4669 is used by payors in specific situations to 
request relief from payment of certain required taxes. A payor who 
fails to withhold certain required taxes from a payee may be entitled 
to relief, under sections 3402(d), 3102(f)(3), 1463 or Regulations 
section 1.1474-4. To apply for relief, a payor must show that the payee 
reported the payments and paid the corresponding tax. To secure relief 
as described above, a payor must obtain a separate, completed Form 4669 
from each payee for each year relief is requested.
    Current Actions: There are no changes to burden.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Business or other for-profit organizations.
    Estimated Number of Respondents: 85,000.
    Estimated Time per Response: 15 minutes.
    Estimated Total Annual Burden Hours: 21,250 hours.
    4. Title: Export Exemption Certificate.
    OMB Number: 1545-0685.
    Form Number: Form 1363.
    Abstract: Internal Revenue Code section 427(b)(2) exempts exported 
property from the excise tax on transportation of property. Regulation 
Sec.  49.4271-1(d)(2) authorizes the filing of Form 1363 by the shipper 
to request tax exemption for a shipment or a series of shipments. The 
information on the form is used by the IRS to verify shipments of 
property made tax-free.
    Current Actions: There are no changes being made to this form at 
this time.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Business or other for-profit organizations.
    Estimated Number of Respondents: 100,000.
    Estimated Time per Respondent: 4 Hours, 15 minutes.
    Estimated Total Annual Burden Hours: 425,000.
    5. Title: Application for Enrollment, Application for Renewal of 
Enrollment, and Regulations Governing the Performance of Actuarial 
Services Under the Employee Retirement Income Security Act of 1972.
    OMB Number: 1545-0951.
    Form and Regulation Number: 5434, 5434-A, and TD 9517/REG-159704-
03.
    Abstract: Form 5434 is used to apply for enrollment to perform 
actuarial services under the Employee Retirement income Security Act of 
1974 (ERISA). Form 5434-A is used to renew enrollment every three years 
to perform actuarial services under (ERISA). The information is used by 
the Joint Board for the Enrollment of Actuaries to determine the 
eligibility of the applicant to perform actuarial services. The 
regulations require that records be kept that verify satisfaction of 
requirements, and certificates of completion education requirements.
    Current Actions: There are no changes to the forms or regulations 
at his time. However, the agency is updating the number of respondents 
based on its most recent filing data.
    Type of Review: Revision of a currently approved collection.
    Affected Public: Individuals and households.
    Form 5434:
    Estimated Number of Respondents: 150.
    Estimated Time per Respondent: 1 hour.
    Estimated Annual Burden Hours: 150.
    Form 5434 A:
    Estimated Number of Respondents: 1,166.
    Estimated Time per Respondent: .50 hour.
    Estimated Annual Burden Hours: 600.
    TD 9517/REG-159704-03:
    Estimated Number of Respondents/Recordkeepers: 3,500.
    Estimated Time per Respondent: .25 hour.
    Estimated Annual burden hours: 875.
    Total Estimated Annual Burden: 1,625 hours.
    6. Title: Requirements for Investments to Qualify under section 
936(d)(4) as Investments in Qualified Caribbean Basin Countries.
    OMB Number: 1545-1138.
    Regulation Project Number: TD 8350.
    Abstract: This document contains final regulations that provide 
guidance relating to the requirements that must be met for an 
investment to qualify under Internal Revenue code section 936(d)(4) as 
an investment in qualified Caribbean Basin countries. The collection of 
information is required by the Internal Revenue Service to verify that 
an investment qualifies under IRC section 936(d)(4). The respondents 
will be possession corporations, certain financial institutions located 
in Puerto Rico, and borrowers of funds covered by this regulation.
    Current Actions: There are no changes in the paperwork burden 
previously approved by OMB.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Businesses or other for-profit organizations.
    Estimated Number of Respondents: 50.
    Estimated Time per Respondent: 30 hrs.
    Estimated Total Annual Burden Hours: 1,500.
    7. Title: Notification of Distribution from a Generation-Skipping 
Trust.
    OMB Number: 1545-1143.
    Form Number: 706-GS(D-1).
    Abstract: Trustees use Form 706-GS(D-1) to report certain 
distributions from a trust that are subject to the generation-skipping 
transfer (GST) tax. The skip person distributee uses the information to 
figure any GST tax due on the distribution. The IRS uses the

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information to verify that the tax has been properly computed.
    Current Actions: There is no change to the existing collection.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Business or other for-profit organizations.
    Estimated Number of Responses: 13,000.
    Estimated Time per Respondent: 4.36 hours.
    Estimated Total Annual Burden Hours: 56,680.
    8. Titles: Tax Information Authorization and IRS Disclosure 
Authorization for Victims of Identity Theft.
    OMB Number: 1545-1165.
    Form Number: Form 8821 and Form 8821-A.
    Abstract: Form 8821 is used to appoint someone to receive or 
inspect certain tax information. The information on the form is used to 
identify appointees and to ensure that confidential tax information is 
not disclosed to unauthorized persons. Form 8821-A is an authorization 
signed by a taxpayer for the IRS to disclose returns and return 
information to state or local law enforcement in the event of a 
possible identity theft.
    Current Actions: There are no changes being made to the forms at 
this time. However, the agency has updated the respondent estimates 
based on the most recent filing data.
    Type of Review: Extension of a previously approved collection.
    Affected Public: Individuals or households, business or other for-
profit organizations, not for profit institutions, and farms.
    Form 8821:
    Estimated Number of Respondents: 3,393,083.
    Estimated Time per Respondent: 1 hours, 3 minutes.
    Form 8821-A:
    Estimated Number of Respondents: 182.
    Estimated Time per Respondent: 9 minutes.
    Estimated Total Annual Burden Hours: 3,562,764 hours.
    9. Title: Penalty on Income Tax Return Preparers Who Understate 
Taxpayer's Liability on a Federal Income Tax Return or Claim for 
Refund.
    OMB Number: 1545-1231.
    Regulation Project Number: IA-38-90 (TD 9436-final).
    Abstract: These regulations set forth rules under section 6694 of 
the Internal Revenue Code regarding the penalty for understatement of a 
taxpayer's liability on a Federal income tax return or claim for 
refund. In certain circumstances, the preparer may avoid the penalty by 
disclosing on a Form 8275 or by advising the taxpayer or another 
preparer that disclosure is necessary.
    Current Actions: There are no changes to burden.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Business or other for-profit organizations, and 
individuals or households.
    Estimated Number of Respondents: 127,800,734.
    Estimated Time per Response: 5 minutes.
    Estimated Total Annual Burden Hours: 10,224,059 hours.
    10. Title: Capitalization of Interest.
    OMB Number: 1545-1265.
    Regulation Project Number: TD 8584.
    Abstract: Internal Revenue Code section 263A(f) requires taxpayers 
to estimate the length of the production period and total cost of 
tangible personal property to determine if Interest capitalization is 
required. This regulation requires taxpayers to maintain 
contemporaneous written records of production period estimates, to file 
a ruling request to segregate activities in applying the interest 
capitalization rules, and to request the consent of the Commissioner to 
change their methods of accounting for the capitalization of interest.
    Current Actions: There are no changes being made to this form at 
this time.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Individuals or households, and business or other 
for-profit organizations.
    Estimated Number of Respondents: 500,050.
    Estimated Time per Respondent: 14 minutes.
    Estimated Total Annual Burden Hours: 116,767.
    11. Title: Treatment of Distributions to Foreign Persons Under 
Sections 367(e)(1) and 367(e)(2).
    OMB Number: 1545-1487.
    Regulation Project Number: TD 9704.
    Abstract: Section 367(e)(1) provides that, to the extent provided 
in regulations, a domestic corporation must recognize gain on a section 
355 distribution of stock or securities to a foreign person. Section 
367(e)(2) provides that section 337(a) and (b)(1) does not apply to a 
section 332 distribution by a domestic corporation to a foreign parent 
corporation that owns 80 percent of the domestic liquidating 
corporation (as described in section 337(c)). Section 6038B(a) requires 
a U.S. person who transfers property to a foreign corporation in an 
exchange described in sections 332 or 355, among other sections, to 
furnish to the Secretary of the Treasury certain information with 
respect to the transfer, as provided in regulations.
    The final regulations under section 367(e)(1) require gain 
recognition only for distributions of the stock or securities of 
foreign corporations to foreign persons. The final regulations under 
section 367(e)(2) generally require gain recognition when a domestic 
corporation liquidates into its foreign parent corporation; the 
regulations generally do not require gain recognition when a foreign 
corporation liquidates into its foreign parent corporation.
    Document (TD 9704) contains final and temporary regulations 
relating to the consequences to U.S. and foreign persons for failing to 
satisfy reporting obligations associated with certain transfers of 
property to foreign corporations in nonrecognition exchanges. TD 9704 
permits transferors to remedy ``not willful'' failures to file, and 
``not willful'' failures to comply with the terms of, liquidation 
documents required under section 367(e)(2). In addition, it modifies 
the reporting obligations under section 6038B associated with transfers 
that are subject to section 367(e)(2). Further, TD 9704 provides 
similar rules for certain transfers that are subject to section 367(a). 
The regulations are necessary to update the rules that apply when a 
U.S. or foreign person fails to file required documents or statements 
or satisfy reporting obligations. The regulations affect U.S. and 
foreign persons that transfer property to foreign corporations in 
certain non-recognition exchanges.
    Current Actions: There are no changes being made to the regulations 
at this time.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Business or other for-profit organizations.
    Estimated Number of Respondents: 414.
    Estimated Time per Respondent: 5 hours, 58 minutes.
    Estimated Total Annual Burden Hours: 2,471 hours.
    12. Title: Tip Reporting Alternative Commitment (TRAC) Agreement 
for Use in the Cosmetology and Barber Industry.
    OMB Number: 1545-1529.
    Announcement Numbers: 2000-21 and 2001-01.
    Abstract: Announcement 2000-21, 2000-19 I.R.B. 983, and 
Announcement 2001-1, 2001-2 I.R.B. 277, contain information required by 
the Internal Revenue Service in its tax compliance efforts to assist 
employers and their employees in understanding and

[[Page 60015]]

complying with Internal Revenue Code section 6053(a), which requires 
employees to report all their tips monthly to their employers.
    Current Actions: There are no changes in the paperwork burden 
previously approved by OMB.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Business or other-for-profit organizations.
    Estimated Number of Respondents: 4,600.
    Estimated Time per Respondent: 9 hrs, 22 mins.
    Estimated Total Annual Burden Hours: 43,073.
    13. Title: Student Loan Interest Statement.
    OMB Number: 1545-1576.
    Form Number: 1098-E.
    Abstract: Section 6050S(b)(2) of the Internal Revenue Code requires 
persons (financial institutions, governmental units, etc.) to report 
$600 or more of interest paid on student loans to the IRS and the 
students. Form 1098-E is used for this purpose.
    Current Actions: There are no changes being made to the form at 
this time.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Business or other for-profit organizations, not-
for-profit institutions, and State, local or Tribal governments.
    Estimated Number of Respondents: 10,093,249.
    Estimated Time per Respondent: 7 min.
    Estimated Total Annual Burden Hours: 1,211,190.
    14. Title: Probable or Prospective Reserves Safe Harbor.
    OMB Number: 1545-1861.
    Revenue Procedure Number: 2004-19.
    Abstract: Revenue Procedure 2004-19 requires a taxpayer to file an 
election statement with the Service if the taxpayer wants to use the 
safe harbor to estimate the taxpayers' oil and gas properties' probable 
or prospective reserves for purposes of computing cost depletion under 
Sec.  611 of the Internal Revenue Code.
    Current Actions: There are no changes to burden.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Business or other for-profit organizations.
    Estimated Number of Respondents: 100.
    Estimated Time per Response: 30 minutes.
    Estimated Total Annual Burden Hours: 50 hours.
    15. Title: Information Regarding Request for Refund of Social 
Security Tax Erroneously Withheld on Wages Received by a Nonresident 
Alien on an F, J, or M Type Visa.
    OMB Number: 1545-1862.
    Form Number: Form 8316.
    Abstract: Certain foreign students and other nonresident visitors 
are exempt from FICA tax for services performed as specified in the 
Immigration and Naturalization Act. Applicants for refund of this FICA 
tax withheld by their employer must complete Form 8316 to verify that 
they are entitled to a refund of the FICA, that the employer has not 
paid back any part of the tax withheld, and that the taxpayer has 
attempted to secure a refund from his/her employer.
    Current Actions: There are no changes being made to this form at 
this time, however and increase in the estimated number of responses 
will result in a burden increase of 625 hours.
    Type of Review: Revision of a currently approved collection.
    Affected Public: Individuals and households.
    Estimated Number of Respondents: 25,000.
    Estimated Time per Respondent: 15 minutes.
    Estimated Total Annual Burden Hours: 6,250.
    16. Title: Directed Withholding and Deposit Verification, and 
Application for Central Withholding Agreement Less than $10,000.
    OMB Number: 1545-2102.
    Form Number: Form 13920 and 13930.
    Abstract: Central Withholding Agreement (CWA) is a tool that can 
help nonresident entertainers and athletes who plan to work in the 
United States and provides for withholdings at a graduated rate. Form 
13930 will be used by an individual who wishes to have a Central 
Withholding Agreement (CWA). Starting October 1, 2018, NRAAEs must have 
U.S. gross income of at least $10,000 (including income estimated on 
the CWA application budget) before the NRAAE is eligible to apply for a 
withholding agreement using Form 13930. The Internal Revenue Service 
has temporarily waived the income requirement for which form to use 
when applying for a CWA. Form 13930-A is currently unavailable. While 
the waiver is in effect, individuals with income below $10,000 can 
apply for a CWA using Form 13930. Form 13920 is used by withholding 
agents to verify to IRS that required deposits were made and give the 
amount of such deposits.
    Current Actions: Form 13930-A is being removed from the above OMB 
approval number.
    Type of Review: Revision of a currently approved collection.
    Affected Public: Business or other for-profit organizations, 
individuals or households, farms and non-profit institutions.
    Form 13930:
    Estimated Number of Responses: 3,000.
    Estimated Time per Response: 12 hours.
    Form 13920:
    Estimated Number of Responses: 8,100.
    Estimated Time per Response: 20 minutes.
    Estimated Total Annual Burden Hours (2 forms): 38,700 hours.
    17. Title: Disaster Relief.
    OMB Number: 1545-2237.
    Revenue Procedure Number: 2014-49.
    Abstract: This revenue procedure establishes a procedure for 
temporary relief from certain requirements of Sec.  42 of the Internal 
Revenue Code for owners of low-income buildings (Owners) and housing 
credit agencies of States or possessions of the United States 
(Agencies) affected by major disaster areas declared by the President 
under the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act, 42 U.S.C. 5121 et seq. (Stafford Act).
    Current Actions: There are no changes in the paperwork burden 
previously approved by OMB.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Individuals and households.
    Estimated Number of Respondents: 3,500.
    Estimated Time per Respondent: 30 mins.
    Estimated Total Annual Burden Hours: 1,750.
    18. Title: Collection of Qualitative Feedback on Agency Service 
Delivery.
    OMB Number: 1545-2256.
    Abstract: This collection of information is necessary to enable the 
IRS to garner customer and stakeholder feedback in an efficient, timely 
manner, in accordance with our commitment to improving service 
delivery. The information collected from our customers and stakeholders 
will help ensure that users have an effective, efficient, and 
satisfying experience with IRS programs.
    Current Actions: The IRS will be conducting different opinion 
surveys, focus group sessions, think-aloud interviews, and usability 
studies regarding cognitive research surrounding forms submission or 
IRS system/product development.
    Type of Review: Extension of a currently approved collection.

[[Page 60016]]

    Affected Public: Individuals and households, and business or other 
for-profit organizations.
    Estimated Number of Responses: 24,636.
    Estimated Time per Respondent: 15 minutes to 1.05 hours.
    Estimated Total Annual Burden Hours: 10,000.
    19. Title: Research Applied Analytics & Statistics (RAAS) 
Comprehensive Taxpayer Attitude Survey.
    OMB Number: 1545-2288.
    Document Number(s): None.
    Abstract: The Internal Revenue Service (IRS) conducts the 
Comprehensive Taxpayer Attitude Survey as part of the Service-wide 
effort to maintain a system of balanced organizational performance 
measures mandated by the IRS Restructuring and Reform Act (RRA) of 
1998. This is also a result of Executive Order 12862 that requires all 
Government agencies to survey their customers. The IRS' office of 
Research Applied Analytics & Statistics (RAAS) is sponsoring this 
annual survey (formerly conducted by the IRS Oversight Board) with the 
objective of better understanding what influences taxpayers' tax 
compliance, their opinions of the IRS, and their customer service 
preferences, as well as how these taxpayer views change over time.
    Current Actions: To request a reinstatement of OMB approval.
    Type of Review: Reinstatement of a previously approved information 
collection.
    Affected Public: Individuals or households.
    Estimated Number of Respondents: 32,450.
    Estimated Number of Responses: 1,298.
    Estimated Time per Response/Respondent: 1.5 min. (screened), 3 min. 
(participants).
    Estimated Total Annual Burden Hours: 1,308.
    Authority: 44 U.S.C. 3501 et seq.

Melody Braswell,
Treasury PRA Clearance Officer.
[FR Doc. 2023-18716 Filed 8-29-23; 8:45 am]
BILLING CODE 4830-01-P


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