Agency Collection Activities; Requesting Comments on Form 637 and IRS Notice 2023-06, IRS Notice 2024-06, Notice 2024-37, IRS Notice 2024-49
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Issuing agencies
Abstract
The Internal Revenue Service, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. The IRS is soliciting comments concerning Form 637, Application for Registration (For Certain Excise Tax Activities) and Questionnaires and IRS Notice 2023-06, IRS Notice 2024-06, Notice 2024-37, and IRS Notice 2024-49.
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<title>Federal Register, Volume 89 Issue 128 (Wednesday, July 3, 2024)</title>
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[Federal Register Volume 89, Number 128 (Wednesday, July 3, 2024)]
[Notices]
[Pages 55308-55309]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14643]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
Agency Collection Activities; Requesting Comments on Form 637 and
IRS Notice 2023-06, IRS Notice 2024-06, Notice 2024-37, IRS Notice
2024-49
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Notice and request for comments.
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SUMMARY: The Internal Revenue Service, as part of its continuing effort
to reduce paperwork and respondent burden, invites the general public
and other federal agencies to take this opportunity to comment on
proposed and/or continuing information collections, as required by the
Paperwork Reduction Act of 1995. The IRS is soliciting comments
concerning Form 637, Application for Registration (For Certain Excise
Tax Activities) and Questionnaires and IRS Notice 2023-06, IRS Notice
2024-06, Notice 2024-37, and IRS Notice 2024-49.
DATES: Written comments should be received on or before September 3,
2024 to be assured of consideration.
ADDRESSES: Direct all written comments to Andres Garcia, Internal
Revenue Service, Room 6526, 1111 Constitution Avenue NW, Washington, DC
20224, or by email to <a href="/cdn-cgi/l/email-protection#710103105f121e1c1c141f0502311803025f161e07"><span class="__cf_email__" data-cfemail="621210034c010d0f0f070c1611220b10114c050d14">[email protected]</span></a>. Include OMB Control No.
1545-1835 in the subject line of the message.
FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of this collection should be directed to Jason Schoonmaker,
(801) 620-2128, at Internal Revenue Service, Room 6526, 1111
Constitution Avenue NW, Washington, DC 20224, or through the internet
at <a href="/cdn-cgi/l/email-protection#dbb1baa8b4b5f5b6f5a8b8b3b4b4b5b6bab0bea99bb2a9a8f5bcb4ad"><span class="__cf_email__" data-cfemail="751f14061a1b5b185b06161d1a1a1b18141e1007351c07065b121a03">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The IRS is currently seeking comments
concerning the following information collection tools, reporting, and
record-keeping requirements:
Title: Application for Registration (For Certain Excise Tax
Activities) and Questionnaires; IRS Notice 2023-06; IRS Notice 2024-06;
IRS Notice 2024-37; IRS Notice 2024-49.
OMB Number: 1545-1835.
Form Number: Form 637.
Guidance Number: IRS Notice 2023-06, IRS Notice 2024-06, IRS Notice
2024-37, and IRS Notice 2024-49.
Abstract: Form 637 is used to apply for excise tax registration.
The registration applies to a person required to be registered under
Internal Revenue Code (IRC) section 4101 for purposes of the Federal
excise tax on taxable fuel imposed under IRC sections 4041 and 4081;
other persons required to be registered by IRC section 4101 for certain
fuel activities for tax credits; certain manufacturers or sellers and
purchasers required to be registered by IRC section 4222 to be exempt
from the excise tax on taxable articles; certain persons required to be
registered by IRC section 4662 to be exempt from the excise tax on
taxable chemicals; and certain persons required to be registered by IRC
section 4682 to be exempt from the excise tax on ozone-depleting
chemicals. The data from Form 637 is used to determine if the applicant
qualifies for registration.
IRS Notice 2023-26 provides guidance on the new sustainable
aviation fuel credits under IRC sections 40B and 6426(k) and related
credit and payment rules under IRC sections
[[Page 55309]]
34(a)(3), 38, 87, and 6427(e)(1) (SAF credit). This notice also
provides rules related to the section 4101 registration requirements.
The certificate, reseller statement, and declaration created by IRS
Notice 2023-06 will allow the IRS to verify that claimants are making
proper credit and payment claims with respect to the SAF credit.
IRS Notice 2024-06 allows taxpayers to use the Renewable Fuel
Standard (RFS) methodology to calculate the amount of the SAF credit.
IRS Notice 2024-06 updated the certificate to include the RFS
methodology.
IRS Notice 2024-37 allows taxpayers to use the 40BSAF-GREET 2024
methodology to calculate the amount of the SAF credit. IRS Notice 2024-
37 also allows use of domestic corn and soybean grown using climate
smart agriculture pursuant to a program called the U.S. Department of
Agriculture (USDA) Climate Smart Agriculture (CSA) Pilot Program (USDA
CSA Pilot Program) to be considered in determining the amount of the
SAF credit. If all the elements are met, the registered producer can
increase the emissions reduction, allowing for a larger amount of the
SAF credit.
IRS Notice 2024-49 provides guidance on the registration
requirements under IRC sections 45Z and 4101 for the clean fuel
production credit. Section 45Z(f)(1)(A)(i)(I) provides that no clean
fuel production credit shall be determined with respect to any
transportation fuel unless the taxpayer is registered as a producer of
clean fuel under section 4101 at the time of production. IRS Notice
2024-49 provides guidance on the time, form, and manner of such
registration. IRS Notice 2024-49 provides that applicants will use Form
637 to apply for registration with the IRS and can apply for Activity
Letter ``CN'' (for a producer of clean transportation fuel which is not
SAF), or Activity Letter ``CA'' (for a producer of clean transportation
fuel which is SAF), or both, in accordance with the instructions
provided in the notice until Form 637 is updated.
Current Actions: IRS Notice 2024-37 has added a new certificate,
revised the certificate from Notice 2024-06, and included new
recordkeeping requirements. IRS Notice 2024-49 is revising Form 637 to
add new activity codes and activity letters to be requested on Form
637.
Type of Review: Revision of a currently approved collection.
Affected Public: Individuals or households, Business or other for-
profit, and not-for-profit entities.
Estimated Number of Responses: 9,949.
Estimated Time per Response: varies, from 30 minutes up to 13 hours
30 minutes.
Estimated Total Annual Burden Hours: 32,344.
The following paragraph applies to all of the collections of
information covered by this notice:
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.
Request for Comments: Comments submitted in response to this notice
will be summarized and/or included in the request for OMB approval. All
comments will become a matter of public record. Comments are invited
on: (a) Whether the collection of information is necessary for the
proper performance of the functions of the agency, including whether
the information shall have practical utility; (b) the accuracy of the
agency's estimate of the burden of the collection of information; (c)
ways to enhance the quality, utility, and clarity of the information to
be collected; (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology; and (e)
estimates of capital or start-up costs and costs of operation,
maintenance, and purchase of services to provide information.
Approved: June 28, 2024.
Jason M. Schoonmaker,
Tax Analyst.
[FR Doc. 2024-14643 Filed 7-2-24; 8:45 am]
BILLING CODE 4830-01-P
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