Returns Required on Magnetic Media, 2012-2016 [05-649]
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2012
Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Rules and Regulations
29 is corrected by making the following
correcting amendments:
List of Subjects in 14 CFR Part 29,
Subpart F
Equipment.
Accordingly, 14 CFR part 29 is
corrected by making the following
correcting amendments:
I
PART 29—AIRWORTHINESS
STANDARDS: TRANSPORT
CATEGORY ROTORCRAFT
1. The authority citation for part 29
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701–
44702, 44704.
2. Revise paragraphs (g) introductory
text, (g)(1) and (g)(4) of § 29.1303 to read
as follows:
I
§ 29.1303 Flight and navigation
instruments.
*
*
*
*
*
(g) A gyroscopic rate-of-turn indicator
combined with an integral slip-skid
indicator (turn-and-bank indicator)
except that only a slip-skid indicator is
required on rotorcraft with a third
attitude instrument system that—
(1) Is usable through flight attitudes of
± 80 degrees of pitch and ± 120 degrees
of roll;
(2) * * *
(3) * * *
(4) Operates independently of any
other attitude indicating system;
*
*
*
*
*
Anthony F. Fazio,
Director, Office of Rulemaking.
[FR Doc. 05–553 Filed 1–11–05; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 1 and 301
[TD 9175]
RIN 1545–BE19
Returns Required on Magnetic Media
Internal Revenue Service (IRS),
Treasury.
ACTION: Temporary regulations.
AGENCY:
SUMMARY: This document contains
temporary regulations relating to the
requirements for filing corporate income
tax returns and returns of organizations
required to file returns under section
6033 on magnetic media pursuant to
section 6011(e) of the Internal Revenue
Code. The term magnetic media
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includes any magnetic media permitted
under applicable regulations, revenue
procedures, or publications, including
electronic filing. The text of the
temporary regulations also serves as the
text of the proposed regulations set forth
in the notice of proposed rulemaking on
this subject in the Proposed Rules
section in this issue of the Federal
Register.
DATES: These regulations are effective
January 12, 2005.
FOR FURTHER INFORMATION CONTACT:
Michael E. Hara, (202) 622–4910 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
Background
Electronic filing of tax returns benefits
taxpayers and the IRS by eliminating the
manual processing of returns and
reducing errors that are more likely to
occur during the manual preparation
and processing of paper returns.
Electronic filing results in faster settling
of accounts and better customer service
because the time required to process
paper returns is eliminated. The error
rate for corporate income tax returns
filed on Form 1120, ‘‘U.S. Corporation
Income Tax Return’’ and Form 1120S,
U.S. Income Tax Return for an S
Corporation,’’ on paper is approximately
20 percent. Information returns required
to be filed under section 6033, which
include Form 990, ‘‘Return of
Organization Exempt From Income
Tax,’’ and Form 990–PF, ‘‘Return of
Private Foundation or Section 4947(a)(1)
Trust Treated as a Private Foundation,’’
that are filed on paper have an error rate
of approximately 35 percent. The error
rate for paper returns is due in roughly
equal parts to IRS processing errors and
taxpayer return preparation mistakes.
By contrast, electronically filed returns
have an error rate of less than one
percent because these returns are
subject to screening by the IRS prior to
being accepted and are not required to
be input manually by the IRS.
Furthermore, returns required to be filed
pursuant to section 6033 must be made
available to the public by both the
organization and the IRS pursuant to
section 6104. Many state charity
regulatory agencies rely on these
returns. Requiring these returns to be
filed electronically improves the
accuracy of the information for both
public and regulatory oversight of these
organizations.
Electronic filing of returns improves
taxpayer satisfaction and confidence in
the filing process, and may be more cost
effective for taxpayers who file
electronically. Electronic filing will
enable the IRS to review taxpayer
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submissions expeditiously to reduce
audit cycle time and will help the IRS
identify emerging trends.
In February 2004, the IRS introduced
Modernized e-File, a new electronic
filing system for corporations required
to file Form 1120 or Form 1120S and
organizations required to file Form 990.
During the development of Modernized
e-File, the IRS worked closely with
taxpayers and tax professionals to
ensure that the new electronic filing
system would satisfy their needs.
Modernized e-File alleviates the burden
of filing massive paper returns, which
may be up to 50,000 pages in length.
Electronically filed returns are
processed upon receipt and, shortly
thereafter, an IRS acknowledgment
message is generated to inform
taxpayers or tax professionals that the
return has been accepted or rejected.
Error messages for rejected returns
identify the reasons the return was
rejected and make it easier for the
taxpayer or tax professional to correct
the errors. Modernized e-File
streamlines electronic filing by
eliminating the need for paper
documents to be mailed to the IRS and
enables taxpayers to attach forms and
schedules, along with other documents,
to the return in Portable Document
Format (PDF).
Section 6011(e) authorizes the
Secretary to prescribe regulations
providing the standards for determining
which returns must be filed on magnetic
media or in other machine-readable
form. Section 6011(e)(2) provides that
the Secretary may not require any
person to file returns on magnetic media
unless the person is required to file at
least 250 returns during the calendar
year. Section 6011(e)(2)(B) requires that
the Secretary, prior to issuing
regulations requiring these entities to
file returns on magnetic media, take into
account (among other relevant factors)
the ability of the taxpayer to comply at
reasonable cost with the requirements of
the regulations. The term magnetic
media includes any magnetic media
permitted under applicable regulations,
revenue procedures, or publications,
including electronic filing. Recognizing
the benefits of electronic filing,
Congress enacted section 2001(a) of the
IRS Restructuring and Reform Act of
1998, Public Law 105–206, 112 Stat.
727, which states that the policy of
Congress is to promote paperless filing,
with a long-range goal of providing for
the filing of at least 80 percent of all
Federal and information returns in
electronic form by 2007.
The IRS has partnered with taxpayers
and tax practitioners in the design of
Modernized e-File to minimize burdens
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2013
on taxpayers and tax practitioners and
to address their concerns. Most
corporate returns are prepared with the
assistance of tax return preparation
software. Some of these returns cannot
yet be filed electronically using
Modernized e-File because additional
software is needed to format the return
data and additional hardware may be
needed to transmit the return data to the
IRS. As a result, some taxpayers may
incur incremental costs to make the
transition from paper filing to electronic
filing using Modernized e-File. After
carefully evaluating the benefits of
electronic filing and the burdens that
might be imposed on filers, the IRS has
determined that taxpayers will be able
to convert to electronic filing at a
reasonable cost and that the benefits to
both the IRS and taxpayers substantially
outweigh the costs.
These regulations amend the
Regulations on Procedure and
Administration (26 CFR part 301)
relating to the filing on magnetic media
pursuant to section 6011(e) of corporate
income tax returns, S corporation
returns, and returns required under
section 6033. These regulations provide
that certain large corporations,
including S corporations, are required to
file their corporate income tax returns
electronically. These regulations also
provide that certain large exempt
organizations, nonexempt charitable
trusts, and exempt and nonexempt
private foundations are required to file
electronically returns required to be
filed under section 6033.
The IRS currently does not have the
capability to accept electronic filing of
certain types of Form 1120, Form 1120S,
Form 990, and Form 990–PF, such as a
Form 1120 for a taxpayer that has
changed its accounting period or a Form
1120 that is the taxpayer’s final return.
These types of returns are excluded
from the electronic filing requirement
under these regulations. The IRS will
announce those returns that are
excluded from electronic filing under
these regulations in its publications,
forms and instructions. The Treasury
Department and the IRS intend to
require electronic filing of additional
corporate income tax returns, excise tax
returns and returns required to be filed
under section 6033 as the IRS increases
its capability to receive these forms
electronically, provided that the
Treasury Department and the IRS
determine that taxpayers are able to
comply with the electronic filing
requirements at a reasonable cost.
Entities
Form(s)
Applicability dates
Corporations, including electing small business
corporations, with assets of $50 million or
more.
Corporations, including electing small business
corporations, with assets of $10 million or
more.
Exempt organizations with assets of $100 million or more that are required to file returns
under section 6033.
Exempt organizations with assets of $10 million
or more that are required to file returns under
section 6033.
Private foundations or section 4947(a)(1) trusts
that are required to file returns under section
6033.
Form 1120, ‘‘U.S. Corporation Income Tax
Return’’ or Form 1120S, ‘‘U.S. Income Tax
Return for an S Corporation’’.
Form 1120, ‘‘U.S. Corporation Income Tax
Return’’ or Form 1120S, ‘‘U.S. Income Tax
Return for an S Corporation’’.
Form 990, ‘‘Return of Organization Exempt
From Income Tax’’.
Taxable years ending on or after December
31, 2005.
Taxable years ending on or after December
31, 2005.
Form 990, ‘‘Return of Organization Exempt
From Income Tax’’.
Taxable years ending on or after December
31, 2006.
Form 990–PF, ‘‘Return of Private Foundation
or Section 4947(a)(1) Trust Treated as a
Private Foundation’’.
Taxable years ending on or after December
31, 2006.
Under these regulations, an entity’s
assets are determined based on total
assets at the end of the taxable year as
reported on the entity’s Form 1120,
1120S, or 990.
Some of these large entities already
file their returns electronically. In
addition, many of these large entities
prepare their income tax returns
electronically, but file the returns on
paper. The Treasury Department and the
IRS have determined that these
taxpayers are able to comply at a
reasonable cost with the requirement to
file returns electronically. To eliminate
the potential burden of electronic filing
on small businesses that may not be able
to comply at a reasonable cost, these
regulations exclude small corporations
and certain exempt organizations with
total assets of less than $10 million.
The determination of whether an
entity is required to file at least 250
returns is made by aggregating all
returns, regardless of type, that the
entity is required to file over the
calendar year, including, for example,
income tax returns, returns required
under section 6033, information returns,
excise tax returns, and employment tax
returns. Under these regulations,
corrected or amended returns are not
counted in determining whether the
250-return threshold is met. All
members of a controlled group of
corporations are required to file their
Forms 1120 electronically if the total
number of returns required to be filed
by the controlled group of corporations
is at least 250.
The aggregation of returns required
under these regulations is limited to
determining whether an entity is
required to file Form 1120, Form 1120S,
Form 990, or Form 990–PF
electronically. These regulations do not
affect § 301.6011–2(c)(1)(iii), which
provides that returns are not to be
aggregated for purposes of determining
whether information returns must be
filed on magnetic media. These
regulations also do not affect
§ 301.6721–1(a)(2)(ii), which provides
that the 250-return threshold
requirements apply separately to
original and corrected returns.
Corporations required to file Form
1120 or Form 1120S electronically
under these regulations may file
amended returns on paper in the form
allowed by Rev. Proc. 94–69 (1994–2
C.B. 804), or in the manner prescribed
by any subsequent revenue procedure.
However, an entity that files an
incomplete electronic return and
subsequently files an amended paper
return before the return’s due date has
not complied with the provisions of
these regulations because a second
return filed before the due date is
treated as an original return.
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Explanation of Provisions
To expand electronic filing, these
regulations provide that the following
taxpayers that are required by the Code
or regulations to file at least 250 returns
during the calendar year ending with or
within the taxpayer’s taxable year are
required to file the following tax returns
electronically for the taxable years
indicated:
Taxable years ending on or after December
31, 2006.
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Hardship Waiver
These regulations provide that the
Commissioner may waive the
requirements to file electronically in
cases of undue hardship. Because the
Treasury Department and the IRS
believe that electronic filing will not
impose significant burdens on the
taxpayers covered by these regulations,
the Commissioner will grant waivers of
the electronic filing requirement only in
exceptional cases. The Treasury
Department and the IRS invite
comments from the public regarding the
waiver provision in these regulations.
Additionally, the IRS will meet with
various groups, including software
developers and tax practitioners, to
assist taxpayers in preparing to file their
returns electronically. After considering
comments, the Treasury Department
and the IRS will issue guidance that will
set forth the procedures by which a
taxpayer may request a hardship waiver.
Exclusions
These regulations provide exclusions
from the requirement to file
electronically for certain corporations
and organizations that have not had a
longstanding filing obligation.
Corporations and organizations are not
required to file their returns
electronically if they were not required
to file a Form 1120, Form 1120S, Form
990, or Form 990–PF for the preceding
taxable year or have not been in
existence for at least one calendar year
prior to the due date (not including
extensions) of their Form 1120, Form
1120S, Form 990, or Form 990–PF.
Date of Filing
A return filed electronically is
deemed to be filed on the date of the
electronic postmark. See § 301.7502–
1(d). If a corporation or organization
that is required to file electronically
fails to do so, the corporation or
organization is deemed to have failed to
file its return.
Effective Dates
To permit taxpayers sufficient time to
implement the requirements of these
regulations, these regulations apply to
corporations required to file corporate
income tax returns with total assets of
$50 million or more as shown on their
Schedule L of the Form 1120 or 1120S
for taxable years ending on or after
December 31, 2005, and to corporations
required to file corporate income tax
returns with total assets of $10 million
or more as shown on their Schedule L
of their Form 1120 or 1120S for taxable
years ending on or after December 31,
2006. These regulations apply to any
organization that is required to file Form
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990 and that, for a taxable year ending
on or after December 31, 2005, has total
assets as of the end of the taxable year
of $100 million or more or that, for a
taxable year ending on or after
December 31, 2006, has total assets as of
the end of the taxable year of $10
million or more. These regulations will
apply to any organization required to
file Form 990-PF for taxable years
ending on or after December 31, 2006.
All other corporations and organizations
are encouraged to adopt electronic filing
as soon as feasible.
Special Analyses
It has been determined that this
Treasury decision is not a significant
regulatory action as defined in
Executive Order 12866. Therefore, a
regulatory assessment is not required. It
also has been determined that section
553(b) of the Administrative Procedure
Act (5 U.S.C. chapter 5) does not apply
to these regulations. For applicability of
the Regulatory Flexibility Act (5 U.S.C.
chapter 6) refer to the Special Analyses
of the preamble to the cross-reference of
proposed rulemaking published in the
Proposed Rules section in this issue of
the Federal Register. Pursuant to
section 7805(f) of the Code, these
regulations will be submitted to the
Chief Counsel for Advocacy of the Small
Business Administration for comment
on their impact on small business.
Drafting Information
The principal author of these
temporary regulations is Michael E.
Hara, Office of the Associate Chief
Counsel (Procedure and
Administration), although other
personnel from the IRS and Treasury
Department participated in their
development.
List of Subjects
26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
26 CFR Part 301
Employment taxes, Estate taxes,
Excise taxes, Gift taxes, Income taxes,
Penalties, Reporting and recordkeeping
requirements.
Amendments to the Regulations
Accordingly, 26 CFR parts 1 and 301
are amended as follows:
I
PART 1—INCOME TAXES
Paragraph 1. The authority citation for
part 1 continues to read, in part, as
follows:
I
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Authority: 26 U.S.C. 7805 * * *
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I Par. 2. Section 1.6011–5T is added to
read as follows:
§ 1.6011–5T Required use of magnetic
media for corporate income tax returns
(temporary).
The return of a corporation that is
required to be filed on magnetic media
under § 301.6011–5T of this chapter
must be filed in accordance with
Internal Revenue Service revenue
procedures, publications, forms, or
instructions. (See § 601.601(d)(2) of this
chapter).
I Par. 3. Section 1.6033–4T is added to
read as follows:
§ 1.6033–4T Required use of magnetic
media for returns by organizations required
to file returns under section 6033
(temporary).
The return of an organization that is
required to be filed on magnetic media
under § 301.6033–4T of this chapter
must be filed in accordance with
Internal Revenue Service revenue
procedures, publications, forms, or
instructions. (See § 601.601(d)(2) of this
chapter).
I Par. 4. Section 1.6037–2T is added to
read as follows:
§ 1.6037–2T Required use of magnetic
media for income tax returns of electing
small business corporations (temporary).
The return of an electing small
business corporation that is required to
be filed on magnetic media under
§ 301.6037–2T of this chapter must be
filed in accordance with Internal
Revenue Service revenue procedures,
publications, forms, or instructions. (See
§ 601.601(d)(2) of this chapter).
PART 301—PROCEDURE AND
ADMINISTRATION
I Par. 5. The authority citation for part
301 is amended by adding entries, in
numerical order, to read as follows:
Authority: 26 U.S.C. 7805 * * *
Section 301.6011–5T also issued under 26
U.S.C. 6011. * * *
Section 301.6033–4T also issued under 26
U.S.C. 6033. * * *
Section 301.6037–2T also issued under 26
U.S.C. 6037. * * *
I Par. 6. Section 301.6011–5T is added
to read as follows:
§ 301.6011–5T Required use of magnetic
media for corporate income tax returns
(temporary).
(a) Corporate income tax returns
required on magnetic media—(1) A
corporation required to file a corporate
income tax return on Form 1120, ‘‘U.S.
Corporation Income Tax Return,’’ under
§ 1.6012–2 of this chapter must file its
corporate income tax return on magnetic
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media if the corporation is required by
the Internal Revenue Code or
regulations to file at least 250 returns
during the calendar year ending with or
within its taxable year, was required to
file a corporate income tax return on
Form 1120 under § 1.6012–2 of this
chapter for the preceding taxable year,
and has been in existence for at least
one year prior to the due date
(excluding extensions) of its corporate
income tax return. Returns filed on
magnetic media must be made in
accordance with applicable revenue
procedures, publications, forms, or
instructions. In prescribing revenue
procedures, publications, forms, or
instructions, the Commissioner may
direct the type of magnetic media filing.
(See § 601.601(d)(2) of this chapter).
(2) All members of a controlled group
of corporations must file their corporate
income tax returns on magnetic media
if the aggregate number of returns
required to be filed by the controlled
group of corporations is at least 250.
(b) Waiver. The Commissioner may
grant waivers of the requirements of this
section in cases of undue hardship. A
request for waiver must be made in
accordance with applicable revenue
procedures or publications. The waiver
also will be subject to the terms and
conditions regarding the method of
filing as may be prescribed by the
Commissioner.
(c) Failure to file. If a corporation fails
to file a corporate income tax return on
magnetic media when required to do so
by this section, the corporation is
deemed to have failed to file the return.
(See section 6651 for the addition to tax
for failure to file a return). In
determining whether there is reasonable
cause for failure to file the return,
§ 301.6651–1(c) and rules similar to the
rules in § 301.6724–1(c)(3) (undue
economic hardship related to filing
information returns on magnetic media)
will apply.
(d) Meaning of terms. The following
definitions apply for purposes of this
section:
(1) Magnetic media. The term
magnetic media means any magnetic
media permitted under applicable
regulations, revenue procedures, or
publications. These generally include
magnetic tape, tape cartridge, and
diskette, as well as other media, such as
electronic filing, specifically permitted
under the applicable regulations,
procedures, publications, forms, or
instructions. (See § 601.601(d)(2) of this
chapter).
(2) Corporation. The term corporation
means a corporation as defined in
section 7701(a)(3).
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(3) Controlled group of corporations.
The term controlled group of
corporations means a group of
corporations as defined in section
1563(a).
(4) Corporate income tax return. The
term corporate income tax return means
a Form 1120, ‘‘U.S. Corporation Income
Tax Return,’’ along with all other related
forms and schedules that are required to
be attached to the Form 1120.
(5) Determination of 250 returns. For
purposes of this section, a corporation
or controlled group of corporations is
required to file at least 250 returns if,
during the calendar year ending with or
within the taxable year of the
corporation or the controlled group, the
corporation or the controlled group is
required to file at least 250 returns of
any type, including information returns.
If the corporation is a member of a
controlled group, the determination of
the number of returns includes all
returns required to be filed by all
members of the controlled group during
that calendar year.
(e) Example. The following example
illustrates the provisions of paragraph
(d)(5) of this section:
Example. The taxable year of Corporation
X, a fiscal year taxpayer with assets in excess
of $10 million, ends on September 30. During
the calendar year ending December 31, 2007,
X was required to file one Form 1120, ‘‘U.S.
Corporation Income Tax Return,’’ 100 Forms
W–2, ‘‘Wage and Tax Statement,’’ 146 Forms
1099-DIV, ‘‘Dividends and Distributions,’’
one Form 940, ‘‘Employer’s Annual Federal
Unemployment (FUTA) Tax Return,’’ and
four Forms 941, ‘‘Employer’s Quarterly
Federal Tax Return.’’ Because X is required
to file 252 returns during the calendar year
that ended within its taxable year ending
September 30, 2008, X is required to file its
Form 1120 electronically for its taxable year
ending September 30, 2008.
(f) Effective dates. This section
applies to corporate income tax returns
for corporations that report total assets
at the end of the corporation’s taxable
year that equal or exceed $50 million on
Schedule L of their Form 1120, for
taxable years ending on or after
December 31, 2005. This section applies
to corporate income tax returns for
corporations that report total assets at
the end of the corporation’s taxable year
that equal or exceed $10 million on
Schedule L of their Form 1120, for
taxable years ending on or after
December 31, 2006.
I Par. 7. Section 301.6033–4T is added
to read as follows:
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§ 301.6033–4T Required use of magnetic
media for returns by organizations required
to file returns under section 6033
(temporary).
(a) Returns by organizations required
to file returns under section 6033 on
magnetic media. An organization
required to file a return under section
6033 on Form 990, ‘‘Return of
Organization Exempt from Income Tax,’’
or Form 990–PF, ‘‘Return of Private
Foundation or Section 4947(a)(1) Trust
Treated as a Private Foundation,’’ must
file its Form 990 or 990–PF on magnetic
media if the organization is required by
the Internal Revenue Code or
regulations to file at least 250 returns
during the calendar year ending with or
within its taxable year, was required to
file its Form 990 or Form 990–PF under
section 6033 for the preceding taxable
year, and has been in existence for at
least one calendar year prior to the due
date (excluding extensions) of its Form
990 or Form 990–PF. Returns filed on
magnetic media must be made in
accordance with applicable revenue
procedures, publications, forms, or
instructions. In prescribing revenue
procedures, publications, forms, or
instructions, the Commissioner may
direct the type of magnetic media filing.
(See § 601.601(d)(2) of this chapter).
(b) Waiver. The Commissioner may
grant waivers of the requirements of this
section in cases of undue hardship. A
request for waiver must be made in
accordance with applicable revenue
procedures or publications. The waiver
also will be subject to the terms and
conditions regarding the method of
filing as may be prescribed by the
Commissioner.
(c) Failure to file. If an organization
required to file a return under section
6033 fails to file an information return
on magnetic media when required to do
so by this section, the organization is
deemed to have failed to file the return.
(See section 6652 for the addition to tax
for failure to file a return.) In
determining whether there is reasonable
cause for failure to file the return,
§ 301.6652–2(f) and rules similar to the
rules in § 301.6724–1(c)(3) (undue
economic hardship related to filing
information returns on magnetic media)
will apply.
(d) Meaning of terms. The following
definitions apply for purposes of this
section:
(1) Magnetic media. The term
magnetic media means any magnetic
media permitted under applicable
regulations, revenue procedures, or
publications. These generally include
magnetic tape, tape cartridge, and
diskette, as well as other media, such as
electronic filing, specifically permitted
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under the applicable regulations,
procedures, publications, forms or
instructions. (See § 601.601(d)(2) of this
chapter).
(2) Return required under section
6033. The term return required under
section 6033 means a Form 990, ‘‘Return
of Organization Exempt from Income
Tax,’’ and Form 990–PF, ‘‘Return of
Private Foundation or Section 4947(a)(1)
Trust Treated as a Private Foundation,’’
along with all other related forms and
schedules that are required to be
attached to the Form 990 or Form 990–
PF.
(3) Determination of 250 returns. For
purposes of this section, an organization
is required to file at least 250 returns if,
during the calendar year ending with or
within the taxable year of the
organization, the organization is
required to file at least 250 returns of
any type, including information returns.
(e) Example. The following example
illustrates the provisions of paragraph
(d)(3) of this section. In the example, the
organization is a calendar year taxpayer:
Example. In 2006, Organization T, with
total assets in excess of $10 million, is
required to file one Form 990, ‘‘Return of
Organization Exempt from Income Tax,’’ 200
Forms W–2, ‘‘Wage and Tax Statement,’’ and
60 Forms 1099–MISC, ‘‘Miscellaneous
Income.’’ Because T is required to file 261
returns during the calendar year, T must file
its 2006 Form 990 electronically.
(f) Effective dates. This section
applies to any organization required to
file Form 990 for a taxable year ending
on or after December 31, 2005, that has
total assets as of the end of the taxable
year of $100 million or more. This
section applies to any organization
required to file Form 990 for a taxable
year ending on or after December 31,
2006 that has total assets as of the end
of the taxable year of $10 million or
more. This section applies to any
organization required to file Form 990–
PF for taxable years ending on or after
December 31, 2006.
I Par. 8. Section 301.6037–2T is added
to read as follows:
§ 301.6037–2T Required use of magnetic
media for returns of electing small business
corporation (temporary).
(a) Returns of electing small business
corporation required on magnetic
media—An electing small business
corporation required to file an electing
small business return on Form 1120S,
‘‘U.S. Income Tax Return for an S
Corporation,’’ under § 1.6037–1 of this
VerDate jul<14>2003
14:51 Jan 11, 2005
Jkt 205001
chapter must file its Form 1120S on
magnetic media if the small business
corporation is required by the Internal
Revenue Code and regulations to file at
least 250 returns during the calendar
year ending with or within its taxable
year, was required to file its Form 1120S
under § 6037–1 of this chapter for the
preceding taxable year, and has been in
existence for at least one calendar year
prior to the due date (excluding
extensions) of its Form 1120S. Returns
filed on magnetic media must be made
in accordance with applicable revenue
procedures, publications, forms, or
instructions. In prescribing revenue
procedures, publications, forms, or
instructions, the Commissioner may
direct the type of magnetic media filing.
(See § 601.601(d)(2) of this chapter).
(b) Waiver. The Commissioner may
grant waivers of the requirements of this
section in cases of undue hardship. A
request for waiver must be made in
accordance with applicable revenue
procedures or publications. The waiver
also will be subject to the terms and
conditions regarding the method of
filing as may be prescribed by the
Commissioner.
(c) Failure to file. If an electing small
business corporation fails to file a return
on magnetic media when required to do
so by this section, the corporation is
deemed to have failed to file the return.
(See section 6651 for the addition to tax
for failure to file a return.) In
determining whether there is reasonable
cause for failure to file the return,
§ 301.6651–1(c) and rules similar to the
rules in § 301.6724–1(c)(3) (undue
economic hardship related to filing
information returns on magnetic media)
will apply.
(d) Meaning of terms. The following
definitions apply for purposes of this
section:
(1) Magnetic media. The term
magnetic media means any magnetic
media permitted under applicable
regulations, revenue procedures, or
publications. These generally include
magnetic tape, tape cartridge, and
diskette, as well as other media, such as
electronic filing, specifically permitted
under the applicable regulations,
procedures, publications, forms, or
instructions. (See § 601.601(d)(2) of this
chapter).
(2) Corporation. The term corporation
means a corporation as defined in
section 7701(a)(3).
(3) Electing small business
corporation return. The term electing
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
small business corporation return
means a Form 1120S, ‘‘U.S. Income Tax
Return for an S Corporation,’’ along
with all other related forms and
schedules that are required to be
attached to the Form 1120S.
(4) Electing small business
corporation. The term electing small
business corporation means an S
corporation as defined in section
1361(a)(1).
(5) Determination of 250 returns. For
purposes of this section, a corporation is
required to file at least 250 returns if,
during the calendar year ending with or
within the taxable year of the
corporation, the corporation is required
to file at least 250 returns of any type,
including information returns.
(e) Example. The following example
illustrates the provisions of paragraph
(d)(5) of this section. In the example, the
corporation is a calendar year taxpayer:
Example. In 2007, Corporation S, an
electing small business corporation with
assets in excess of $10 million, is required to
file one Form 1120S, ‘‘U.S. Corporation
Income Tax Return,’’ 100 Forms W–2, ‘‘Wage
and Tax Statement,’’ 146 Forms 1099–DIV,
‘‘Dividends and Distributions,’’ one Form
940, ‘‘Employer’s Annual Federal
Unemployment (FUTA) Tax Return,’’ four
Forms 941, ‘‘Employer’s Quarterly Federal
Tax Return.’’ Because S is required to file 252
returns during the calendar year, S is
required to file its 2007 Form 1120S
electronically.
(f) Effective dates. This section
applies to returns of electing small
business corporations that report total
assets at the end of the corporation’s
taxable year that equal or exceed $50
million on Schedule L of Form 1120S
for taxable years ending on or after
December 31, 2005. This section applies
to returns of electing small business
corporations that report total assets at
the end of the corporation’s taxable year
that equal or exceed $10 million on
Schedule L of Form 1120S for taxable
years ending on or after December 31,
2006.
Mark E. Matthews,
Deputy Commissioner for Services and
Enforcement.
Approved: January 6, 2005.
Eric Solomon,
Acting Deputy Assistant Secretary of the
Treasury.
[FR Doc. 05–649 Filed 1–11–05; 8:45 am]
BILLING CODE 4830–01–P
E:\FR\FM\12JAR1.SGM
12JAR1
]]>Agencies
[Federal Register Volume 70, Number 8 (Wednesday, January 12, 2005)]
[Rules and Regulations]
[Pages 2012-2016]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-649]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 1 and 301
[TD 9175]
RIN 1545-BE19
Returns Required on Magnetic Media
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Temporary regulations.
-----------------------------------------------------------------------
SUMMARY: This document contains temporary regulations relating to the
requirements for filing corporate income tax returns and returns of
organizations required to file returns under section 6033 on magnetic
media pursuant to section 6011(e) of the Internal Revenue Code. The
term magnetic media includes any magnetic media permitted under
applicable regulations, revenue procedures, or publications, including
electronic filing. The text of the temporary regulations also serves as
the text of the proposed regulations set forth in the notice of
proposed rulemaking on this subject in the Proposed Rules section in
this issue of the Federal Register.
DATES: These regulations are effective January 12, 2005.
FOR FURTHER INFORMATION CONTACT: Michael E. Hara, (202) 622-4910 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
Background
Electronic filing of tax returns benefits taxpayers and the IRS by
eliminating the manual processing of returns and reducing errors that
are more likely to occur during the manual preparation and processing
of paper returns. Electronic filing results in faster settling of
accounts and better customer service because the time required to
process paper returns is eliminated. The error rate for corporate
income tax returns filed on Form 1120, ``U.S. Corporation Income Tax
Return'' and Form 1120S, U.S. Income Tax Return for an S Corporation,''
on paper is approximately 20 percent. Information returns required to
be filed under section 6033, which include Form 990, ``Return of
Organization Exempt From Income Tax,'' and Form 990-PF, ``Return of
Private Foundation or Section 4947(a)(1) Trust Treated as a Private
Foundation,'' that are filed on paper have an error rate of
approximately 35 percent. The error rate for paper returns is due in
roughly equal parts to IRS processing errors and taxpayer return
preparation mistakes. By contrast, electronically filed returns have an
error rate of less than one percent because these returns are subject
to screening by the IRS prior to being accepted and are not required to
be input manually by the IRS. Furthermore, returns required to be filed
pursuant to section 6033 must be made available to the public by both
the organization and the IRS pursuant to section 6104. Many state
charity regulatory agencies rely on these returns. Requiring these
returns to be filed electronically improves the accuracy of the
information for both public and regulatory oversight of these
organizations.
Electronic filing of returns improves taxpayer satisfaction and
confidence in the filing process, and may be more cost effective for
taxpayers who file electronically. Electronic filing will enable the
IRS to review taxpayer submissions expeditiously to reduce audit cycle
time and will help the IRS identify emerging trends.
In February 2004, the IRS introduced Modernized e-File, a new
electronic filing system for corporations required to file Form 1120 or
Form 1120S and organizations required to file Form 990. During the
development of Modernized e-File, the IRS worked closely with taxpayers
and tax professionals to ensure that the new electronic filing system
would satisfy their needs. Modernized e-File alleviates the burden of
filing massive paper returns, which may be up to 50,000 pages in
length. Electronically filed returns are processed upon receipt and,
shortly thereafter, an IRS acknowledgment message is generated to
inform taxpayers or tax professionals that the return has been accepted
or rejected. Error messages for rejected returns identify the reasons
the return was rejected and make it easier for the taxpayer or tax
professional to correct the errors. Modernized e-File streamlines
electronic filing by eliminating the need for paper documents to be
mailed to the IRS and enables taxpayers to attach forms and schedules,
along with other documents, to the return in Portable Document Format
(PDF).
Section 6011(e) authorizes the Secretary to prescribe regulations
providing the standards for determining which returns must be filed on
magnetic media or in other machine-readable form. Section 6011(e)(2)
provides that the Secretary may not require any person to file returns
on magnetic media unless the person is required to file at least 250
returns during the calendar year. Section 6011(e)(2)(B) requires that
the Secretary, prior to issuing regulations requiring these entities to
file returns on magnetic media, take into account (among other relevant
factors) the ability of the taxpayer to comply at reasonable cost with
the requirements of the regulations. The term magnetic media includes
any magnetic media permitted under applicable regulations, revenue
procedures, or publications, including electronic filing. Recognizing
the benefits of electronic filing, Congress enacted section 2001(a) of
the IRS Restructuring and Reform Act of 1998, Public Law 105-206, 112
Stat. 727, which states that the policy of Congress is to promote
paperless filing, with a long-range goal of providing for the filing of
at least 80 percent of all Federal and information returns in
electronic form by 2007.
The IRS has partnered with taxpayers and tax practitioners in the
design of Modernized e-File to minimize burdens
[[Page 2013]]
on taxpayers and tax practitioners and to address their concerns. Most
corporate returns are prepared with the assistance of tax return
preparation software. Some of these returns cannot yet be filed
electronically using Modernized e-File because additional software is
needed to format the return data and additional hardware may be needed
to transmit the return data to the IRS. As a result, some taxpayers may
incur incremental costs to make the transition from paper filing to
electronic filing using Modernized e-File. After carefully evaluating
the benefits of electronic filing and the burdens that might be imposed
on filers, the IRS has determined that taxpayers will be able to
convert to electronic filing at a reasonable cost and that the benefits
to both the IRS and taxpayers substantially outweigh the costs.
These regulations amend the Regulations on Procedure and
Administration (26 CFR part 301) relating to the filing on magnetic
media pursuant to section 6011(e) of corporate income tax returns, S
corporation returns, and returns required under section 6033. These
regulations provide that certain large corporations, including S
corporations, are required to file their corporate income tax returns
electronically. These regulations also provide that certain large
exempt organizations, nonexempt charitable trusts, and exempt and
nonexempt private foundations are required to file electronically
returns required to be filed under section 6033.
The IRS currently does not have the capability to accept electronic
filing of certain types of Form 1120, Form 1120S, Form 990, and Form
990-PF, such as a Form 1120 for a taxpayer that has changed its
accounting period or a Form 1120 that is the taxpayer's final return.
These types of returns are excluded from the electronic filing
requirement under these regulations. The IRS will announce those
returns that are excluded from electronic filing under these
regulations in its publications, forms and instructions. The Treasury
Department and the IRS intend to require electronic filing of
additional corporate income tax returns, excise tax returns and returns
required to be filed under section 6033 as the IRS increases its
capability to receive these forms electronically, provided that the
Treasury Department and the IRS determine that taxpayers are able to
comply with the electronic filing requirements at a reasonable cost.
Explanation of Provisions
To expand electronic filing, these regulations provide that the
following taxpayers that are required by the Code or regulations to
file at least 250 returns during the calendar year ending with or
within the taxpayer's taxable year are required to file the following
tax returns electronically for the taxable years indicated:
------------------------------------------------------------------------
Applicability
Entities Form(s) dates
------------------------------------------------------------------------
Corporations, including electing Form 1120, ``U.S. Taxable years
small business corporations, Corporation ending on or
with assets of $50 million or Income Tax after December
more. Return'' or Form 31, 2005.
1120S, ``U.S.
Income Tax Return
for an S
Corporation''.
Corporations, including electing Form 1120, ``U.S. Taxable years
small business corporations, Corporation ending on or
with assets of $10 million or Income Tax after December
more. Return'' or Form 31, 2006.
1120S, ``U.S.
Income Tax Return
for an S
Corporation''.
Exempt organizations with assets Form 990, ``Return Taxable years
of $100 million or more that of Organization ending on or
are required to file returns Exempt From after December
under section 6033. Income Tax''. 31, 2005.
Exempt organizations with assets Form 990, ``Return Taxable years
of $10 million or more that are of Organization ending on or
required to file returns under Exempt From after December
section 6033. Income Tax''. 31, 2006.
Private foundations or section Form 990-PF, Taxable years
4947(a)(1) trusts that are ``Return of ending on or
required to file returns under Private after December
section 6033. Foundation or 31, 2006.
Section
4947(a)(1) Trust
Treated as a
Private
Foundation''.
------------------------------------------------------------------------
Under these regulations, an entity's assets are determined based on
total assets at the end of the taxable year as reported on the entity's
Form 1120, 1120S, or 990.
Some of these large entities already file their returns
electronically. In addition, many of these large entities prepare their
income tax returns electronically, but file the returns on paper. The
Treasury Department and the IRS have determined that these taxpayers
are able to comply at a reasonable cost with the requirement to file
returns electronically. To eliminate the potential burden of electronic
filing on small businesses that may not be able to comply at a
reasonable cost, these regulations exclude small corporations and
certain exempt organizations with total assets of less than $10
million.
The determination of whether an entity is required to file at least
250 returns is made by aggregating all returns, regardless of type,
that the entity is required to file over the calendar year, including,
for example, income tax returns, returns required under section 6033,
information returns, excise tax returns, and employment tax returns.
Under these regulations, corrected or amended returns are not counted
in determining whether the 250-return threshold is met. All members of
a controlled group of corporations are required to file their Forms
1120 electronically if the total number of returns required to be filed
by the controlled group of corporations is at least 250.
The aggregation of returns required under these regulations is
limited to determining whether an entity is required to file Form 1120,
Form 1120S, Form 990, or Form 990-PF electronically. These regulations
do not affect Sec. 301.6011-2(c)(1)(iii), which provides that returns
are not to be aggregated for purposes of determining whether
information returns must be filed on magnetic media. These regulations
also do not affect Sec. 301.6721-1(a)(2)(ii), which provides that the
250-return threshold requirements apply separately to original and
corrected returns.
Corporations required to file Form 1120 or Form 1120S
electronically under these regulations may file amended returns on
paper in the form allowed by Rev. Proc. 94-69 (1994-2 C.B. 804), or in
the manner prescribed by any subsequent revenue procedure. However, an
entity that files an incomplete electronic return and subsequently
files an amended paper return before the return's due date has not
complied with the provisions of these regulations because a second
return filed before the due date is treated as an original return.
[[Page 2014]]
Hardship Waiver
These regulations provide that the Commissioner may waive the
requirements to file electronically in cases of undue hardship. Because
the Treasury Department and the IRS believe that electronic filing will
not impose significant burdens on the taxpayers covered by these
regulations, the Commissioner will grant waivers of the electronic
filing requirement only in exceptional cases. The Treasury Department
and the IRS invite comments from the public regarding the waiver
provision in these regulations. Additionally, the IRS will meet with
various groups, including software developers and tax practitioners, to
assist taxpayers in preparing to file their returns electronically.
After considering comments, the Treasury Department and the IRS will
issue guidance that will set forth the procedures by which a taxpayer
may request a hardship waiver.
Exclusions
These regulations provide exclusions from the requirement to file
electronically for certain corporations and organizations that have not
had a longstanding filing obligation. Corporations and organizations
are not required to file their returns electronically if they were not
required to file a Form 1120, Form 1120S, Form 990, or Form 990-PF for
the preceding taxable year or have not been in existence for at least
one calendar year prior to the due date (not including extensions) of
their Form 1120, Form 1120S, Form 990, or Form 990-PF.
Date of Filing
A return filed electronically is deemed to be filed on the date of
the electronic postmark. See Sec. 301.7502-1(d). If a corporation or
organization that is required to file electronically fails to do so,
the corporation or organization is deemed to have failed to file its
return.
Effective Dates
To permit taxpayers sufficient time to implement the requirements
of these regulations, these regulations apply to corporations required
to file corporate income tax returns with total assets of $50 million
or more as shown on their Schedule L of the Form 1120 or 1120S for
taxable years ending on or after December 31, 2005, and to corporations
required to file corporate income tax returns with total assets of $10
million or more as shown on their Schedule L of their Form 1120 or
1120S for taxable years ending on or after December 31, 2006. These
regulations apply to any organization that is required to file Form 990
and that, for a taxable year ending on or after December 31, 2005, has
total assets as of the end of the taxable year of $100 million or more
or that, for a taxable year ending on or after December 31, 2006, has
total assets as of the end of the taxable year of $10 million or more.
These regulations will apply to any organization required to file Form
990-PF for taxable years ending on or after December 31, 2006. All
other corporations and organizations are encouraged to adopt electronic
filing as soon as feasible.
Special Analyses
It has been determined that this Treasury decision is not a
significant regulatory action as defined in Executive Order 12866.
Therefore, a regulatory assessment is not required. It also has been
determined that section 553(b) of the Administrative Procedure Act (5
U.S.C. chapter 5) does not apply to these regulations. For
applicability of the Regulatory Flexibility Act (5 U.S.C. chapter 6)
refer to the Special Analyses of the preamble to the cross-reference of
proposed rulemaking published in the Proposed Rules section in this
issue of the Federal Register. Pursuant to section 7805(f) of the Code,
these regulations will be submitted to the Chief Counsel for Advocacy
of the Small Business Administration for comment on their impact on
small business.
Drafting Information
The principal author of these temporary regulations is Michael E.
Hara, Office of the Associate Chief Counsel (Procedure and
Administration), although other personnel from the IRS and Treasury
Department participated in their development.
List of Subjects
26 CFR Part 1
Income taxes, Reporting and recordkeeping requirements.
26 CFR Part 301
Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income
taxes, Penalties, Reporting and recordkeeping requirements.
Amendments to the Regulations
0
Accordingly, 26 CFR parts 1 and 301 are amended as follows:
PART 1--INCOME TAXES
0
Paragraph 1. The authority citation for part 1 continues to read, in
part, as follows:
Authority: 26 U.S.C. 7805 * * *
0
Par. 2. Section 1.6011-5T is added to read as follows:
Sec. 1.6011-5T Required use of magnetic media for corporate income
tax returns (temporary).
The return of a corporation that is required to be filed on
magnetic media under Sec. 301.6011-5T of this chapter must be filed in
accordance with Internal Revenue Service revenue procedures,
publications, forms, or instructions. (See Sec. 601.601(d)(2) of this
chapter).
0
Par. 3. Section 1.6033-4T is added to read as follows:
Sec. 1.6033-4T Required use of magnetic media for returns by
organizations required to file returns under section 6033 (temporary).
The return of an organization that is required to be filed on
magnetic media under Sec. 301.6033-4T of this chapter must be filed in
accordance with Internal Revenue Service revenue procedures,
publications, forms, or instructions. (See Sec. 601.601(d)(2) of this
chapter).
0
Par. 4. Section 1.6037-2T is added to read as follows:
Sec. 1.6037-2T Required use of magnetic media for income tax returns
of electing small business corporations (temporary).
The return of an electing small business corporation that is
required to be filed on magnetic media under Sec. 301.6037-2T of this
chapter must be filed in accordance with Internal Revenue Service
revenue procedures, publications, forms, or instructions. (See Sec.
601.601(d)(2) of this chapter).
PART 301--PROCEDURE AND ADMINISTRATION
0
Par. 5. The authority citation for part 301 is amended by adding
entries, in numerical order, to read as follows:
Authority: 26 U.S.C. 7805 * * *
Section 301.6011-5T also issued under 26 U.S.C. 6011. * * *
Section 301.6033-4T also issued under 26 U.S.C. 6033. * * *
Section 301.6037-2T also issued under 26 U.S.C. 6037. * * *
0
Par. 6. Section 301.6011-5T is added to read as follows:
Sec. 301.6011-5T Required use of magnetic media for corporate income
tax returns (temporary).
(a) Corporate income tax returns required on magnetic media--(1) A
corporation required to file a corporate income tax return on Form
1120, ``U.S. Corporation Income Tax Return,'' under Sec. 1.6012-2 of
this chapter must file its corporate income tax return on magnetic
[[Page 2015]]
media if the corporation is required by the Internal Revenue Code or
regulations to file at least 250 returns during the calendar year
ending with or within its taxable year, was required to file a
corporate income tax return on Form 1120 under Sec. 1.6012-2 of this
chapter for the preceding taxable year, and has been in existence for
at least one year prior to the due date (excluding extensions) of its
corporate income tax return. Returns filed on magnetic media must be
made in accordance with applicable revenue procedures, publications,
forms, or instructions. In prescribing revenue procedures,
publications, forms, or instructions, the Commissioner may direct the
type of magnetic media filing. (See Sec. 601.601(d)(2) of this
chapter).
(2) All members of a controlled group of corporations must file
their corporate income tax returns on magnetic media if the aggregate
number of returns required to be filed by the controlled group of
corporations is at least 250.
(b) Waiver. The Commissioner may grant waivers of the requirements
of this section in cases of undue hardship. A request for waiver must
be made in accordance with applicable revenue procedures or
publications. The waiver also will be subject to the terms and
conditions regarding the method of filing as may be prescribed by the
Commissioner.
(c) Failure to file. If a corporation fails to file a corporate
income tax return on magnetic media when required to do so by this
section, the corporation is deemed to have failed to file the return.
(See section 6651 for the addition to tax for failure to file a
return). In determining whether there is reasonable cause for failure
to file the return, Sec. 301.6651-1(c) and rules similar to the rules
in Sec. 301.6724-1(c)(3) (undue economic hardship related to filing
information returns on magnetic media) will apply.
(d) Meaning of terms. The following definitions apply for purposes
of this section:
(1) Magnetic media. The term magnetic media means any magnetic
media permitted under applicable regulations, revenue procedures, or
publications. These generally include magnetic tape, tape cartridge,
and diskette, as well as other media, such as electronic filing,
specifically permitted under the applicable regulations, procedures,
publications, forms, or instructions. (See Sec. 601.601(d)(2) of this
chapter).
(2) Corporation. The term corporation means a corporation as
defined in section 7701(a)(3).
(3) Controlled group of corporations. The term controlled group of
corporations means a group of corporations as defined in section
1563(a).
(4) Corporate income tax return. The term corporate income tax
return means a Form 1120, ``U.S. Corporation Income Tax Return,'' along
with all other related forms and schedules that are required to be
attached to the Form 1120.
(5) Determination of 250 returns. For purposes of this section, a
corporation or controlled group of corporations is required to file at
least 250 returns if, during the calendar year ending with or within
the taxable year of the corporation or the controlled group, the
corporation or the controlled group is required to file at least 250
returns of any type, including information returns. If the corporation
is a member of a controlled group, the determination of the number of
returns includes all returns required to be filed by all members of the
controlled group during that calendar year.
(e) Example. The following example illustrates the provisions of
paragraph (d)(5) of this section:
Example. The taxable year of Corporation X, a fiscal year
taxpayer with assets in excess of $10 million, ends on September 30.
During the calendar year ending December 31, 2007, X was required to
file one Form 1120, ``U.S. Corporation Income Tax Return,'' 100
Forms W-2, ``Wage and Tax Statement,'' 146 Forms 1099-DIV,
``Dividends and Distributions,'' one Form 940, ``Employer's Annual
Federal Unemployment (FUTA) Tax Return,'' and four Forms 941,
``Employer's Quarterly Federal Tax Return.'' Because X is required
to file 252 returns during the calendar year that ended within its
taxable year ending September 30, 2008, X is required to file its
Form 1120 electronically for its taxable year ending September 30,
2008.
(f) Effective dates. This section applies to corporate income tax
returns for corporations that report total assets at the end of the
corporation's taxable year that equal or exceed $50 million on Schedule
L of their Form 1120, for taxable years ending on or after December 31,
2005. This section applies to corporate income tax returns for
corporations that report total assets at the end of the corporation's
taxable year that equal or exceed $10 million on Schedule L of their
Form 1120, for taxable years ending on or after December 31, 2006.
0
Par. 7. Section 301.6033-4T is added to read as follows:
Sec. 301.6033-4T Required use of magnetic media for returns by
organizations required to file returns under section 6033 (temporary).
(a) Returns by organizations required to file returns under section
6033 on magnetic media. An organization required to file a return under
section 6033 on Form 990, ``Return of Organization Exempt from Income
Tax,'' or Form 990-PF, ``Return of Private Foundation or Section
4947(a)(1) Trust Treated as a Private Foundation,'' must file its Form
990 or 990-PF on magnetic media if the organization is required by the
Internal Revenue Code or regulations to file at least 250 returns
during the calendar year ending with or within its taxable year, was
required to file its Form 990 or Form 990-PF under section 6033 for the
preceding taxable year, and has been in existence for at least one
calendar year prior to the due date (excluding extensions) of its Form
990 or Form 990-PF. Returns filed on magnetic media must be made in
accordance with applicable revenue procedures, publications, forms, or
instructions. In prescribing revenue procedures, publications, forms,
or instructions, the Commissioner may direct the type of magnetic media
filing. (See Sec. 601.601(d)(2) of this chapter).
(b) Waiver. The Commissioner may grant waivers of the requirements
of this section in cases of undue hardship. A request for waiver must
be made in accordance with applicable revenue procedures or
publications. The waiver also will be subject to the terms and
conditions regarding the method of filing as may be prescribed by the
Commissioner.
(c) Failure to file. If an organization required to file a return
under section 6033 fails to file an information return on magnetic
media when required to do so by this section, the organization is
deemed to have failed to file the return. (See section 6652 for the
addition to tax for failure to file a return.) In determining whether
there is reasonable cause for failure to file the return, Sec.
301.6652-2(f) and rules similar to the rules in Sec. 301.6724-1(c)(3)
(undue economic hardship related to filing information returns on
magnetic media) will apply.
(d) Meaning of terms. The following definitions apply for purposes
of this section:
(1) Magnetic media. The term magnetic media means any magnetic
media permitted under applicable regulations, revenue procedures, or
publications. These generally include magnetic tape, tape cartridge,
and diskette, as well as other media, such as electronic filing,
specifically permitted
[[Page 2016]]
under the applicable regulations, procedures, publications, forms or
instructions. (See Sec. 601.601(d)(2) of this chapter).
(2) Return required under section 6033. The term return required
under section 6033 means a Form 990, ``Return of Organization Exempt
from Income Tax,'' and Form 990-PF, ``Return of Private Foundation or
Section 4947(a)(1) Trust Treated as a Private Foundation,'' along with
all other related forms and schedules that are required to be attached
to the Form 990 or Form 990-PF.
(3) Determination of 250 returns. For purposes of this section, an
organization is required to file at least 250 returns if, during the
calendar year ending with or within the taxable year of the
organization, the organization is required to file at least 250 returns
of any type, including information returns.
(e) Example. The following example illustrates the provisions of
paragraph (d)(3) of this section. In the example, the organization is a
calendar year taxpayer:
Example. In 2006, Organization T, with total assets in excess of
$10 million, is required to file one Form 990, ``Return of
Organization Exempt from Income Tax,'' 200 Forms W-2, ``Wage and Tax
Statement,'' and 60 Forms 1099-MISC, ``Miscellaneous Income.''
Because T is required to file 261 returns during the calendar year,
T must file its 2006 Form 990 electronically.
(f) Effective dates. This section applies to any organization
required to file Form 990 for a taxable year ending on or after
December 31, 2005, that has total assets as of the end of the taxable
year of $100 million or more. This section applies to any organization
required to file Form 990 for a taxable year ending on or after
December 31, 2006 that has total assets as of the end of the taxable
year of $10 million or more. This section applies to any organization
required to file Form 990-PF for taxable years ending on or after
December 31, 2006.
0
Par. 8. Section 301.6037-2T is added to read as follows:
Sec. 301.6037-2T Required use of magnetic media for returns of
electing small business corporation (temporary).
(a) Returns of electing small business corporation required on
magnetic media--An electing small business corporation required to file
an electing small business return on Form 1120S, ``U.S. Income Tax
Return for an S Corporation,'' under Sec. 1.6037-1 of this chapter
must file its Form 1120S on magnetic media if the small business
corporation is required by the Internal Revenue Code and regulations to
file at least 250 returns during the calendar year ending with or
within its taxable year, was required to file its Form 1120S under
Sec. 6037-1 of this chapter for the preceding taxable year, and has
been in existence for at least one calendar year prior to the due date
(excluding extensions) of its Form 1120S. Returns filed on magnetic
media must be made in accordance with applicable revenue procedures,
publications, forms, or instructions. In prescribing revenue
procedures, publications, forms, or instructions, the Commissioner may
direct the type of magnetic media filing. (See Sec. 601.601(d)(2) of
this chapter).
(b) Waiver. The Commissioner may grant waivers of the requirements
of this section in cases of undue hardship. A request for waiver must
be made in accordance with applicable revenue procedures or
publications. The waiver also will be subject to the terms and
conditions regarding the method of filing as may be prescribed by the
Commissioner.
(c) Failure to file. If an electing small business corporation
fails to file a return on magnetic media when required to do so by this
section, the corporation is deemed to have failed to file the return.
(See section 6651 for the addition to tax for failure to file a
return.) In determining whether there is reasonable cause for failure
to file the return, Sec. 301.6651-1(c) and rules similar to the rules
in Sec. 301.6724-1(c)(3) (undue economic hardship related to filing
information returns on magnetic media) will apply.
(d) Meaning of terms. The following definitions apply for purposes
of this section:
(1) Magnetic media. The term magnetic media means any magnetic
media permitted under applicable regulations, revenue procedures, or
publications. These generally include magnetic tape, tape cartridge,
and diskette, as well as other media, such as electronic filing,
specifically permitted under the applicable regulations, procedures,
publications, forms, or instructions. (See Sec. 601.601(d)(2) of this
chapter).
(2) Corporation. The term corporation means a corporation as
defined in section 7701(a)(3).
(3) Electing small business corporation return. The term electing
small business corporation return means a Form 1120S, ``U.S. Income Tax
Return for an S Corporation,'' along with all other related forms and
schedules that are required to be attached to the Form 1120S.
(4) Electing small business corporation. The term electing small
business corporation means an S corporation as defined in section
1361(a)(1).
(5) Determination of 250 returns. For purposes of this section, a
corporation is required to file at least 250 returns if, during the
calendar year ending with or within the taxable year of the
corporation, the corporation is required to file at least 250 returns
of any type, including information returns.
(e) Example. The following example illustrates the provisions of
paragraph (d)(5) of this section. In the example, the corporation is a
calendar year taxpayer:
Example. In 2007, Corporation S, an electing small business
corporation with assets in excess of $10 million, is required to
file one Form 1120S, ``U.S. Corporation Income Tax Return,'' 100
Forms W-2, ``Wage and Tax Statement,'' 146 Forms 1099-DIV,
``Dividends and Distributions,'' one Form 940, ``Employer's Annual
Federal Unemployment (FUTA) Tax Return,'' four Forms 941,
``Employer's Quarterly Federal Tax Return.'' Because S is required
to file 252 returns during the calendar year, S is required to file
its 2007 Form 1120S electronically.
(f) Effective dates. This section applies to returns of electing
small business corporations that report total assets at the end of the
corporation's taxable year that equal or exceed $50 million on Schedule
L of Form 1120S for taxable years ending on or after December 31, 2005.
This section applies to returns of electing small business corporations
that report total assets at the end of the corporation's taxable year
that equal or exceed $10 million on Schedule L of Form 1120S for
taxable years ending on or after December 31, 2006.
Mark E. Matthews,
Deputy Commissioner for Services and Enforcement.
Approved: January 6, 2005.
Eric Solomon,
Acting Deputy Assistant Secretary of the Treasury.
[FR Doc. 05-649 Filed 1-11-05; 8:45 am]
BILLING CODE 4830-01-P
