Justia Regulation Tracker

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[Federal Register: May 8, 2008 (Volume 73, Number 90)]
[Notices]               
[Page 26189-26190]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08my08-149]                         

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DEPARTMENT OF THE TREASURY

Internal Revenue Service

[REG-242282-97]

 
Proposed Collection: Comment Request for Regulation Project

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice and request for comments.

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SUMMARY: The Department of the Treasury, 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, Public Law 104-13 (44 U.S.C. 
3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning an 
existing final regulation, REG-242282-97 (TD 8734), General Revision of 
Regulations Relating to Withholding of Tax on Certain U.S. Source 
Income Paid to Foreign Persons and Related Collection, Refunds and 
Credits; Revision of Information Reporting and Backup Withholding 
Regulations; and Removal of Regulations Under Part 35a and of Certain 
Regulations Under Income Tax Treaties (1.1441-1(e), 1.1441-4(a)(2), 
1.1441-4(b)(1) and (2), 1.1441-4(c), (d), and (e), 1.1441-5(b)(2)(ii), 
1.1441-5(c)(1), 1.1441-6(b) and (c), 1.1441-8(b), 1.1441-9(b), 1.1461-
1(b) and (c), 301.6114-1, 301.6402-3(e), and 31.3401(a)(6)-1(e)).

DATES: Written comments should be received on or before July 7, 2008 to 
be assured of consideration.

ADDRESSES: Direct all written comments to R. Joseph Durbala, Internal 
Revenue Service, Room 6129, 1111 Constitution Avenue, NW., Washington, 
DC 20224.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the regulation should be directed to Allan Hopkins, at (202) 
622-6665, or at Internal Revenue Service, Room 6129, 1111 Constitution 
Avenue, NW., Washington, DC 20224, or through the Internet, at 
Allan.M.Hopkins@irs.gov.

SUPPLEMENTARY INFORMATION:
    Title: General Revision of Regulations Relating to Withholding of 
Tax on Certain U.S. Source Income Paid to Foreign Persons and Related 
Collection, Refunds and Credits; Revision of Information Reporting and 
Backup Withholding Regulations; and Removal of Regulations Under Part 
35a and of Certain Regulations Under Income Tax Treaties.
    OMB Number: 1545-1484.
    Regulation Project Number: REG-242282-97 (formerly INTL-62-90; 
INTL-32-93; INTL-52-86; INTL-52-94).
    Abstract: This regulation prescribes collections of information for 
foreign persons that received payments subject to withholding under 
sections 1441, 1442, 1443, or 6114 of the Internal Revenue Code. This 
information is used to claim foreign person status and, in appropriate 
cases, to claim residence in a country with which the United States has 
an income tax treaty in effect, so that withholding at a reduced rate 
of tax may be obtained at source. The regulation also prescribes 
collections of information for withholding agents. This information is 
used by withholding agents to report to the IRS income paid to a 
foreign person that is subject to withholding under Code sections 1441, 
1442, and 1443. The regulation also requires that a foreign taxpayer 
claiming a reduced amount of withholding tax under the provisions of an 
income tax treaty must disclose its reliance upon a treaty provision by 
filing Form 8833 with its U.S. income tax return.
    Current Actions: There is no change to this existing regulation.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Business or other for-profit organizations, 
individuals or households, not-for-profit institutions, farms, and 
Federal, state, local or tribal governments.
    The burden for the reporting requirements is reflected in the 
burden of Forms W-8BEN, W08ECI, W-8EXP, W-8IMY, 1042, 1042S, 8233, 
8833, and the income tax return of a foreign person filed for purposes 
of claiming a refund of tax.
    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

[[Page 26190]]

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: April 23, 2008.
R. Joseph Durbala,
IRS Reports Clearance Officer.
[FR Doc. E8-10190 Filed 5-7-08; 8:45 am]

BILLING CODE 4830-01-P

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