Extension of Time for Filing Returns, 67397-67399 [05-21982]
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Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Proposed Rules
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 1, 25, 26, 53, 55, 156, 157,
and 301
[REG–144898–04]
RIN 1545–BE62
Extension of Time for Filing Returns
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking
and notice of proposed rulemaking by
cross-reference to temporary
regulations.
AGENCY:
SUMMARY: In the Rules and Regulations
section of this issue of the Federal
Register, the IRS is issuing final and
temporary regulations relating to the
simplification of procedures for
automatic extensions of time to file
certain returns. The text of those
regulations also serves as the text of
these proposed regulations.
DATES: Written or electronically
generated comments and requests for a
public hearing must be received by
February 6, 2006.
ADDRESSES: Send submissions to:
CC:PA:LPD:PR (REG–144898–04), room
5203, Internal Revenue Service, PO Box
7604, Ben Franklin Station, Washington,
DC 20044. Submissions may be hand
delivered Monday through Friday
between the hours of 8 am and 4 pm to:
CC:PA:LPD:PR (REG–144898–04),
Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue,
NW., Washington, DC. Alternatively,
taxpayers may submit comments
electronically via the IRS Internet site at
https://www.irs.gov/regs or via the
Federal eRulemaking Portal at https://
www.regulations.gov (IRS and REG–
144898–04).
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
Allen D. Madison, (202) 622–4940;
concerning submissions of comments
and requests for a public hearing, LaNita
Van Dyke (202) 622–7180 (not toll-free
numbers).
SUPPLEMENTARY INFORMATION:
Background and Explanation of
Provisions
Temporary regulations in the Rules
and Regulations section of this issue of
the Federal Register amend 26 CFR
parts 1, 25, 26, 53, 55, 156, 157, and 301
relating to section 6081. The temporary
regulations allow taxpayers required to
file an individual income tax return an
automatic six-month extension if
taxpayers submit an application on
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Form 4868, ‘‘Application for Automatic
Extension of Time To File a U.S.
Individual Income Tax Return.’’ The
temporary regulations also allow
taxpayers who previously submitted
three-month extension requests on Form
8736, ‘‘Application for Automatic
Extension of Time to File U.S. Return
for a Partnership, REMIC, or for Certain
Trusts’’ and requests for additional
three-month extensions on Form 8800,
‘‘Application for Additional Extension
of Time to File U.S. Return for a
Partnership, REMIC, or for Certain
Trusts,’’ an automatic six-month
extension of time to file if an
application is submitted on Form 7004,
‘‘Application for Automatic 6-Month
Extension of Time to File Certain
Business Income Tax, Information, and
Other Returns.’’
The six-month automatic extension of
time to file set forth in these temporary
regulations applies to returns of passthrough entities, e.g., Form 1065 for
partnerships. The Treasury Department
and the IRS recognize that because the
six-month automatic extension is
available for returns of pass-through
entities, some taxpayers may not receive
information returns from the passthrough entities that they need in order
to complete their own income tax
returns before those returns are due. For
example, an individual income taxpayer
with a six-month extension of time to
October 15 to file the Form 1040 may
not receive a Schedule K–1 from a
partnership in which the taxpayer holds
an interest until after the partnership
files its Form 1065 on its extended due
date of October 15. Similarly, a Ccorporation with a six-month extension
to September 15 to file its Form 1120
may not receive a Schedule K–1 from a
calendar year partnership in which it
holds an interest until as much as 30
days after its return is due if the
partnership files its Form 1065 and
sends out the Schedule K–1s on its
extended due date of October 15th. This
filing anomaly existed under prior
regulations when the pass-through
entity received an extension of time to
file to a date on or after the extended
due date for the pass-through interest
holder, but the automatic six-month
extension in this regulation may cause
this to happen with more frequency.
Because of this filing anomaly, the
availability of a six-month extension of
time to file for pass-through entities may
result in taxpayers filing an increased
number of amended income tax returns.
Therefore, it may be appropriate for
pass-through entities to have a shorter
extension period than their partners or
shareholders. The Treasury Department
and the IRS request comments on
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67397
whether a shorter extension of time to
file for pass-through entities might
reduce overall taxpayer burden. Please
follow the instructions in the
‘‘Comments and Requests for a Public
Hearing’’ portion of this preamble. In
order to minimize the burden that might
be imposed as a result of this filing
anomaly, the Treasury Department and
the IRS encourage pass-through entities
that request an extension of time to file
to minimize the impact that such
extension might have on their partners’
or members’ ability to timely file (with
an extension) their own tax returns.
The temporary regulations also
provide that taxpayers that requested
additional time to file certain excise,
income, information, and other returns
by submitting Form 2758, ‘‘Application
for Extension of Time To File Certain
Excise, Income, Information, and Other
Returns,’’ may now request an
automatic six-month extension of time
to file by filing Form 7004.
The temporary regulations also allow
administrators and sponsors of
employee benefit plans subject to
Employee Retirement Income Security
Act of 1974 (ERISA) to report
information concerning the plans and
direct entities requesting an extension to
use Form 5558, ‘‘Application for
Extension of Time To File Certain
Employee Plan Returns,’’ for an
automatic two and one-half-month
extension of time to file.
The temporary regulations also allow
donors who do not request an extension
of time to file an income tax return to
request an automatic six-month
extension of time to file Form 709,
‘‘United States Gift (and GenerationSkipping Transfer) Tax Return’’ by filing
Form 8892, ‘‘Payment of Gift/GST Tax
and/or Application for Extension of
Time to File Form 709.’’
The text of those regulations also
serves as the text of these proposed
regulations. The preamble to the
temporary regulations explains the
amendments.
Special Analyses
It has been determined that this notice
of proposed rulemaking 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, and, because these
regulations do not impose a collection
of information on small entities, the
Regulatory Flexibility Act (5 U.S.C.
chapter 6) does not apply. Pursuant to
section 7805(f) of the Internal Revenue
Code, this notice of proposed
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67398
Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Proposed Rules
rulemaking will be submitted to the
Chief Counsel for Advocacy of the Small
Business Administration for comment
on their impact.
Comments and Requests for a Public
Hearing
Before these proposed regulations are
adopted as final regulations,
consideration will be given to any
written (a signed original and 8 copies)
and electronic comments that are
submitted timely to the IRS. The IRS
and Treasury specifically request
comments on the clarity of the proposed
regulations and how they can be made
easier to understand. All comments will
be available for public inspection and
copying. A public hearing may be
scheduled if requested in writing by any
person that timely submits comments. If
a public hearing is scheduled, notice of
the date, time, and place for the public
hearing will be published in the Federal
Register.
Drafting Information
The principal author of these
regulations is Tracey B. Leibowitz, of
the Office of the Associate Chief
Counsel (Procedure and
Administration), Administrative
Provisions and Judicial Practice
Division.
List of Subjects
26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
26 CFR Part 25
Gift taxes, Reporting and
recordkeeping requirements.
26 CFR Part 26
Generation-skipping transfer taxes,
Reporting and recordkeeping
requirements.
26 CFR Part 53
Excise taxes, Foundations,
Investments, Lobbying, Reporting and
recordkeeping requirements.
26 CFR Part 55
Excise taxes, Investments, Reporting
and recordkeeping requirements.
26 CFR Part 156
Excise taxes, Reporting and
recordkeeping requirements.
26 CFR Part 157
Excise taxes, Reporting and
recordkeeping requirements.
Penalties, Reporting and recordkeeping
requirements.
Proposed Amendments to the
Regulations
Accordingly, 26 CFR parts 1, 25, 26,
53, 55, 156, 157, and 301 are proposed
to be amended to read as follows:
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 continues to read, in part, as
follows:
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 1.6081–1 is amended
by revising paragraphs (b)(1) and (b)(5)
to read as follows:
§ 1.6081–1
returns.
Extension of time for filing
*
*
*
*
*
(b) * * *
(1) In general. A taxpayer desiring an
extension of the time for filing a return,
statement, or other document shall
submit an application for extension on
or before the due date of such return,
statement, or other document. Except as
provided in paragraph (b)(3) of this
section and paragraph (b) of § 301.6091–
1 of this chapter (relating to handcarried documents), the taxpayer should
make the application for extension to
the internal revenue officer with whom
such return, statement, or other
document is required to be filed. The
application must be in writing, signed
by the taxpayer or his duly authorized
agent, and must clearly set forth—
(i) The particular tax return,
information return, statement, or other
document, including the taxable year or
period thereof, for which the taxpayer
requests an extension, and
(ii) An explanation of the reasons for
requesting the extension to aid the
internal revenue officer in determining
whether to grant the request.
*
*
*
*
*
(5) Form of application. Taxpayers
may apply for an extension of the time
for filing a return, statement, or other
document in a letter that includes the
information required by paragraph (b)(3)
of this section. In the case of an
individual income tax return on Form
1040 series, however, taxpayers should
apply for an extension of the time for
filing in accordance with § 1.6081–4 of
this chapter.
*
*
*
*
*
Par. 3. Section 1.6081–2 is added to
read as follows:
published elsewhere in this issue of the
Federal Register].
Par. 4. In § 1.6081–3, paragraph (a)(1)
is revised to read as follows:
§ 1.6081–3 Automatic extension of time for
filing corporation income tax returns.
(a) * * *
(1) [The text of proposed § 1.6081–
3(a)(1) is the same as the text of
§ 1.6081–3T(a)(1) published elsewhere
in this issue of the Federal Register].
*
*
*
*
*
Par. 5. Section 1.6081–4 is added to
read as follows:
§ 1.6081–4 Automatic extension of time for
filing individual income tax return.
[The text of proposed § 1.6081–4 is
the same as the text of § 1.6081–4T
published elsewhere in this issue of the
Federal Register.]
Par. 6. Section 1.6081–5 is amended
by revising paragraph (b) to read as
follows:
§ 1.6081–5 Extensions of time in the case
of certain partnerships, corporations, and
U.S. citizens and residents.
*
*
*
*
*
(b) [The text of proposed § 1.6081–
5(b) is the same as the text of § 1.6081–
5T(b) published elsewhere in this issue
of the Federal Register.]
*
*
*
*
*
Par. 7. Section 1.6081–6 is added to
read as follows:
§ 1.6081–6 Automatic extension of time to
file estate or trust income tax return.
[The text of proposed § 1.6081–6 is
the same as the text of § 1.6081–6T
published elsewhere in this issue of the
Federal Register.]
Par. 8. Section 1.6081–7 is added to
read as follows:
§ 1.6081–7 Automatic extension of time to
file Real Estate Mortgage Investment
Conduit (REMIC) income tax return.
[The text of proposed § 1.6081–7 is
the same as the text of § 1.6081–7T
published elsewhere in this issue of the
Federal Register.]
Par. 9. Section 1.6081–10 is added to
read as follows:
§ 1.6081–10 Automatic extension of time
to file withholding tax return for U.S. source
income of foreign persons.
[The text of proposed § 1.6081–10 is
the same as the text of § 1.6081–10T
published elsewhere in this issue of the
Federal Register.]
Par. 10. Section 1.6081–11 is added to
read as follows:
26 CFR Part 301
§ 1.6081–2 Automatic extension of time to
file certain returns filed by partnerships.
§ 1.6081–11 Automatic extension of time
for filing certain employee plan returns.
Employment taxes, Estate taxes,
Excise taxes, Gift taxes, Income taxes,
[The text of proposed § 1.6081–2 is
the same as the text of § 1.6081–2T
[The text of proposed § 1.6081–11 is
the same as the text of § 1.6081–11T
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Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Proposed Rules
published elsewhere in this issue of the
Federal Register.]
PART 25—GIFT TAX; GIFTS MADE
AFTER DECEMBER 31, 1954
Par. 11. The authority citation for part
25 continues to read, in part, as follows:
Authority: 26 U.S.C. 7805 * * *
Par. 12. Section 25.6081–1 is added to
read as follows:
§ 25.6081–1 Automatic extension of time
for filing gift tax returns.
[The text of proposed § 25.6081–1 is
the same as the text of § 25.6081–1T
published elsewhere in this issue of the
Federal Register.]
§ 55.6081–1 Automatic extension of time
for filing a return due under Chapter 44.
POSTAL SERVICE
[The text of proposed § 55.6081–1 is
the same as the text of § 55.6081–1T
published elsewhere in this issue of the
Federal Register.]
39 CFR Part 111
PART 156—EXCISE TAX ON
GREENMAIL
AGENCY:
Par. 19. The authority citation for part
156 continues to read, in part, as
follows:
SUMMARY: The Postal Service is
proposing to require the use of the
Electronic Verification System (e-VS)
which is an electronic manifest system,
for postage manifesting and payment of
all Parcel Select mailings. This includes
all Standard Mail machinable parcels or
other Package Services Parcels (Bound
Printed Matter, Library Mail, or Media
Mail) authorized for commingling with
Parcel Select Mailings. This requirement
would contribute to reduced costs and
greater efficiencies. The Postal Service
is also exploring expanding the program
to all parcel mailings in the future. The
proposed rule is being published with
an intended implementation date of no
sooner than 1 year from the date of
publication of the Federal Register final
rule. The proposed rule would apply as
follows:
• Parcel shippers/consolidators and
mailers claiming Parcel Select rates
would be required to use e-VS for
postage manifesting and payment.
• Parcel shippers/consolidators and
mailers who commingle Standard Mail
machinable parcels or other Package
Services parcels with Parcel Select as
authorized by Mailing Standards of the
United States Postal Service, Domestic
Mail Manual (DMM), 705.6.0 and
705.7.0, would be required to use e-VS
for postage manifesting and payment.
DATES: Comments must be received on
or before December 7, 2005.
ADDRESSES: Mail or deliver comments to
the Manager, Business Mailer Support,
U.S. Postal Service, 475 L’Enfant Plaza,
SW., Room 2P846, Washington, DC
20260–0846. Copies of all written
comments will be available for
inspection and photocopying between 9
a.m. and 4 p.m., Monday through
Friday, at the Postal Service
Headquarters Library, 475 L’Enfant
Plaza, SW., 11th Floor North,
Washington, DC.
FOR FURTHER INFORMATION CONTACT: John
Gullo via e-mail at
john.f.gullo@usps.gov, by phone at (202)
268–8057 or by writing to e-VS Program
Manager, Business Mailer Support, 475
L’Enfant Plaza, SW., Room 2P846,
Washington, DC 20260–0846.
Additionally, the following technical
guides should be reviewed for detailed
program information:
Par. 13. The authority citation for part
26 continues to read, in part, as follows:
Authority: 26 U.S.C. 7805 * * *
Par. 14. Section 26.6081–1 is added to
read as follows:
§ 26.6081–1 Automatic extension of time
for filing generation-skipping transfer tax
returns.
[The text of proposed § 26.6081–1 is
the same as the text of § 26.6081–1T
published elsewhere in this issue of the
Federal Register.]
PART 53—FOUNDATION AND SIMILAR
EXCISE TAXES
Par. 15. The authority citation for part
53 continues to read, in part, as follows:
Authority: 26 U.S.C. 7805 * * *
Authority: 26 U.S.C. 6001, 6011, 6061,
6071, 6091, 6161, and 7805 * * *
Par. 20. Section 156.6081–1 is added
to read as follows:
[The text of proposed § 156.6081–1 is
the same as the text of § 156.6081–1T
published elsewhere in this issue of the
Federal Register.]
PART 157—EXCISE TAX ON
STRUCTURED SETTLEMENT
FACTORING TRANSACTIONS
Par. 21. The authority citation for part
157 continues to read, in part, as
follows:
Authority: 26 U.S.C. 7805 * * *
Par. 22. Section 157.6081–1 is added
to read as follows:
§ 157.6081–1 Automatic extension of time
for filing a return due under Chapter 55.
[The text of proposed § 157.6081–1 is
the same as the text of § 157.6081–1T
published elsewhere in this issue of the
Federal Register.]
Par. 16. Section 53.6081–1 is added to
read as follows:
PART 301—PROCEDURE AND
ADMINISTRATION
§ 53.6081–1 Automatic extension of time
for filing the return to report taxes due
under section 4951 for self-dealing with a
nuclear decommissioning fund.
Par. 23. The authority citation for part
301 continues to read, in part, as
follows:
[The text of proposed § 53.6081–1 is
the same as the text of § 53.6081–1T
published elsewhere in this issue of the
Federal Register.]
PART 55—EXCISE TAX ON REAL
INVESTMENT TRUSTS AND
REGULATED INVESTMENT
COMPANIES
Par. 17. The authority citation for part
55 continues to read, in part, as follows:
Authority: 26 U.S.C. 6001, 6011, 6071,
6091, and 7805 * * *
Par. 18. Section 55.6081–1 is added to
read as follows:
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Authority: 26 U.S.C. 7805 * * *
Par. 24. Section 301.6081–2 is added
to read as follows:
§ 301.6081–2 Automatic extension of time
for filing an information return with respect
to certain foreign trusts.
[The text of proposed § 301.6081–2 is
the same as the text of § 301.6081–2T
published elsewhere in this issue of the
Federal Register.]
Mark E. Matthews,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 05–21982 Filed 11–4–05; 8:45 am]
BILLING CODE 4830–01–P
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Proposal To Require the Electronic
Verification System (e-VS) for
Destination Entry Parcel Shipments
ACTION:
§ 156.6081–1 Automatic extension of time
for filing a return due under Chapter 54.
PART 26—GENERATION-SKIPPING
TRANSFER TAX REGULATIONS
UNDER THE TAX REFORM ACT OF
1986
67399
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United States Postal Service.
Proposed rule.
07NOP1
]]>Agencies
[Federal Register Volume 70, Number 214 (Monday, November 7, 2005)]
[Proposed Rules]
[Pages 67397-67399]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-21982]
[[Page 67397]]
=======================================================================
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 1, 25, 26, 53, 55, 156, 157, and 301
[REG-144898-04]
RIN 1545-BE62
Extension of Time for Filing Returns
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Notice of proposed rulemaking and notice of proposed rulemaking
by cross-reference to temporary regulations.
-----------------------------------------------------------------------
SUMMARY: In the Rules and Regulations section of this issue of the
Federal Register, the IRS is issuing final and temporary regulations
relating to the simplification of procedures for automatic extensions
of time to file certain returns. The text of those regulations also
serves as the text of these proposed regulations.
DATES: Written or electronically generated comments and requests for a
public hearing must be received by February 6, 2006.
ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG-144898-04), room
5203, Internal Revenue Service, PO Box 7604, Ben Franklin Station,
Washington, DC 20044. Submissions may be hand delivered Monday through
Friday between the hours of 8 am and 4 pm to: CC:PA:LPD:PR (REG-144898-
04), Courier's Desk, Internal Revenue Service, 1111 Constitution
Avenue, NW., Washington, DC. Alternatively, taxpayers may submit
comments electronically via the IRS Internet site at https://
www.irs.gov/regs or via the Federal eRulemaking Portal at https://
www.regulations.gov (IRS and REG-144898-04).
FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations,
Allen D. Madison, (202) 622-4940; concerning submissions of comments
and requests for a public hearing, LaNita Van Dyke (202) 622-7180 (not
toll-free numbers).
SUPPLEMENTARY INFORMATION:
Background and Explanation of Provisions
Temporary regulations in the Rules and Regulations section of this
issue of the Federal Register amend 26 CFR parts 1, 25, 26, 53, 55,
156, 157, and 301 relating to section 6081. The temporary regulations
allow taxpayers required to file an individual income tax return an
automatic six-month extension if taxpayers submit an application on
Form 4868, ``Application for Automatic Extension of Time To File a U.S.
Individual Income Tax Return.'' The temporary regulations also allow
taxpayers who previously submitted three-month extension requests on
Form 8736, ``Application for Automatic Extension of Time to File U.S.
Return for a Partnership, REMIC, or for Certain Trusts'' and requests
for additional three-month extensions on Form 8800, ``Application for
Additional Extension of Time to File U.S. Return for a Partnership,
REMIC, or for Certain Trusts,'' an automatic six-month extension of
time to file if an application is submitted on Form 7004, ``Application
for Automatic 6-Month Extension of Time to File Certain Business Income
Tax, Information, and Other Returns.''
The six-month automatic extension of time to file set forth in
these temporary regulations applies to returns of pass-through
entities, e.g., Form 1065 for partnerships. The Treasury Department and
the IRS recognize that because the six-month automatic extension is
available for returns of pass-through entities, some taxpayers may not
receive information returns from the pass-through entities that they
need in order to complete their own income tax returns before those
returns are due. For example, an individual income taxpayer with a six-
month extension of time to October 15 to file the Form 1040 may not
receive a Schedule K-1 from a partnership in which the taxpayer holds
an interest until after the partnership files its Form 1065 on its
extended due date of October 15. Similarly, a C-corporation with a six-
month extension to September 15 to file its Form 1120 may not receive a
Schedule K-1 from a calendar year partnership in which it holds an
interest until as much as 30 days after its return is due if the
partnership files its Form 1065 and sends out the Schedule K-1s on its
extended due date of October 15th. This filing anomaly existed under
prior regulations when the pass-through entity received an extension of
time to file to a date on or after the extended due date for the pass-
through interest holder, but the automatic six-month extension in this
regulation may cause this to happen with more frequency.
Because of this filing anomaly, the availability of a six-month
extension of time to file for pass-through entities may result in
taxpayers filing an increased number of amended income tax returns.
Therefore, it may be appropriate for pass-through entities to have a
shorter extension period than their partners or shareholders. The
Treasury Department and the IRS request comments on whether a shorter
extension of time to file for pass-through entities might reduce
overall taxpayer burden. Please follow the instructions in the
``Comments and Requests for a Public Hearing'' portion of this
preamble. In order to minimize the burden that might be imposed as a
result of this filing anomaly, the Treasury Department and the IRS
encourage pass-through entities that request an extension of time to
file to minimize the impact that such extension might have on their
partners' or members' ability to timely file (with an extension) their
own tax returns.
The temporary regulations also provide that taxpayers that
requested additional time to file certain excise, income, information,
and other returns by submitting Form 2758, ``Application for Extension
of Time To File Certain Excise, Income, Information, and Other
Returns,'' may now request an automatic six-month extension of time to
file by filing Form 7004.
The temporary regulations also allow administrators and sponsors of
employee benefit plans subject to Employee Retirement Income Security
Act of 1974 (ERISA) to report information concerning the plans and
direct entities requesting an extension to use Form 5558, ``Application
for Extension of Time To File Certain Employee Plan Returns,'' for an
automatic two and one-half-month extension of time to file.
The temporary regulations also allow donors who do not request an
extension of time to file an income tax return to request an automatic
six-month extension of time to file Form 709, ``United States Gift (and
Generation-Skipping Transfer) Tax Return'' by filing Form 8892,
``Payment of Gift/GST Tax and/or Application for Extension of Time to
File Form 709.''
The text of those regulations also serves as the text of these
proposed regulations. The preamble to the temporary regulations
explains the amendments.
Special Analyses
It has been determined that this notice of proposed rulemaking 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, and, because
these regulations do not impose a collection of information on small
entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not
apply. Pursuant to section 7805(f) of the Internal Revenue Code, this
notice of proposed
[[Page 67398]]
rulemaking will be submitted to the Chief Counsel for Advocacy of the
Small Business Administration for comment on their impact.
Comments and Requests for a Public Hearing
Before these proposed regulations are adopted as final regulations,
consideration will be given to any written (a signed original and 8
copies) and electronic comments that are submitted timely to the IRS.
The IRS and Treasury specifically request comments on the clarity of
the proposed regulations and how they can be made easier to understand.
All comments will be available for public inspection and copying. A
public hearing may be scheduled if requested in writing by any person
that timely submits comments. If a public hearing is scheduled, notice
of the date, time, and place for the public hearing will be published
in the Federal Register.
Drafting Information
The principal author of these regulations is Tracey B. Leibowitz,
of the Office of the Associate Chief Counsel (Procedure and
Administration), Administrative Provisions and Judicial Practice
Division.
List of Subjects
26 CFR Part 1
Income taxes, Reporting and recordkeeping requirements.
26 CFR Part 25
Gift taxes, Reporting and recordkeeping requirements.
26 CFR Part 26
Generation-skipping transfer taxes, Reporting and recordkeeping
requirements.
26 CFR Part 53
Excise taxes, Foundations, Investments, Lobbying, Reporting and
recordkeeping requirements.
26 CFR Part 55
Excise taxes, Investments, Reporting and recordkeeping
requirements.
26 CFR Part 156
Excise taxes, Reporting and recordkeeping requirements.
26 CFR Part 157
Excise taxes, Reporting and recordkeeping requirements.
26 CFR Part 301
Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income
taxes, Penalties, Reporting and recordkeeping requirements.
Proposed Amendments to the Regulations
Accordingly, 26 CFR parts 1, 25, 26, 53, 55, 156, 157, and 301 are
proposed to be amended to read as follows:
PART 1--INCOME TAXES
Paragraph 1. The authority citation for part 1 continues to read,
in part, as follows:
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 1.6081-1 is amended by revising paragraphs (b)(1)
and (b)(5) to read as follows:
Sec. 1.6081-1 Extension of time for filing returns.
* * * * *
(b) * * *
(1) In general. A taxpayer desiring an extension of the time for
filing a return, statement, or other document shall submit an
application for extension on or before the due date of such return,
statement, or other document. Except as provided in paragraph (b)(3) of
this section and paragraph (b) of Sec. 301.6091-1 of this chapter
(relating to hand-carried documents), the taxpayer should make the
application for extension to the internal revenue officer with whom
such return, statement, or other document is required to be filed. The
application must be in writing, signed by the taxpayer or his duly
authorized agent, and must clearly set forth--
(i) The particular tax return, information return, statement, or
other document, including the taxable year or period thereof, for which
the taxpayer requests an extension, and
(ii) An explanation of the reasons for requesting the extension to
aid the internal revenue officer in determining whether to grant the
request.
* * * * *
(5) Form of application. Taxpayers may apply for an extension of
the time for filing a return, statement, or other document in a letter
that includes the information required by paragraph (b)(3) of this
section. In the case of an individual income tax return on Form 1040
series, however, taxpayers should apply for an extension of the time
for filing in accordance with Sec. 1.6081-4 of this chapter.
* * * * *
Par. 3. Section 1.6081-2 is added to read as follows:
Sec. 1.6081-2 Automatic extension of time to file certain returns
filed by partnerships.
[The text of proposed Sec. 1.6081-2 is the same as the text of
Sec. 1.6081-2T published elsewhere in this issue of the Federal
Register].
Par. 4. In Sec. 1.6081-3, paragraph (a)(1) is revised to read as
follows:
Sec. 1.6081-3 Automatic extension of time for filing corporation
income tax returns.
(a) * * *
(1) [The text of proposed Sec. 1.6081-3(a)(1) is the same as the
text of Sec. 1.6081-3T(a)(1) published elsewhere in this issue of the
Federal Register].
* * * * *
Par. 5. Section 1.6081-4 is added to read as follows:
Sec. 1.6081-4 Automatic extension of time for filing individual
income tax return.
[The text of proposed Sec. 1.6081-4 is the same as the text of
Sec. 1.6081-4T published elsewhere in this issue of the Federal
Register.]
Par. 6. Section 1.6081-5 is amended by revising paragraph (b) to
read as follows:
Sec. 1.6081-5 Extensions of time in the case of certain partnerships,
corporations, and U.S. citizens and residents.
* * * * *
(b) [The text of proposed Sec. 1.6081-5(b) is the same as the text
of Sec. 1.6081-5T(b) published elsewhere in this issue of the Federal
Register.]
* * * * *
Par. 7. Section 1.6081-6 is added to read as follows:
Sec. 1.6081-6 Automatic extension of time to file estate or trust
income tax return.
[The text of proposed Sec. 1.6081-6 is the same as the text of
Sec. 1.6081-6T published elsewhere in this issue of the Federal
Register.]
Par. 8. Section 1.6081-7 is added to read as follows:
Sec. 1.6081-7 Automatic extension of time to file Real Estate
Mortgage Investment Conduit (REMIC) income tax return.
[The text of proposed Sec. 1.6081-7 is the same as the text of
Sec. 1.6081-7T published elsewhere in this issue of the Federal
Register.]
Par. 9. Section 1.6081-10 is added to read as follows:
Sec. 1.6081-10 Automatic extension of time to file withholding tax
return for U.S. source income of foreign persons.
[The text of proposed Sec. 1.6081-10 is the same as the text of
Sec. 1.6081-10T published elsewhere in this issue of the Federal
Register.]
Par. 10. Section 1.6081-11 is added to read as follows:
Sec. 1.6081-11 Automatic extension of time for filing certain
employee plan returns.
[The text of proposed Sec. 1.6081-11 is the same as the text of
Sec. 1.6081-11T
[[Page 67399]]
published elsewhere in this issue of the Federal Register.]
PART 25--GIFT TAX; GIFTS MADE AFTER DECEMBER 31, 1954
Par. 11. The authority citation for part 25 continues to read, in
part, as follows:
Authority: 26 U.S.C. 7805 * * *
Par. 12. Section 25.6081-1 is added to read as follows:
Sec. 25.6081-1 Automatic extension of time for filing gift tax
returns.
[The text of proposed Sec. 25.6081-1 is the same as the text of
Sec. 25.6081-1T published elsewhere in this issue of the Federal
Register.]
PART 26--GENERATION-SKIPPING TRANSFER TAX REGULATIONS UNDER THE TAX
REFORM ACT OF 1986
Par. 13. The authority citation for part 26 continues to read, in
part, as follows:
Authority: 26 U.S.C. 7805 * * *
Par. 14. Section 26.6081-1 is added to read as follows:
Sec. 26.6081-1 Automatic extension of time for filing generation-
skipping transfer tax returns.
[The text of proposed Sec. 26.6081-1 is the same as the text of
Sec. 26.6081-1T published elsewhere in this issue of the Federal
Register.]
PART 53--FOUNDATION AND SIMILAR EXCISE TAXES
Par. 15. The authority citation for part 53 continues to read, in
part, as follows:
Authority: 26 U.S.C. 7805 * * *
Par. 16. Section 53.6081-1 is added to read as follows:
Sec. 53.6081-1 Automatic extension of time for filing the return to
report taxes due under section 4951 for self-dealing with a nuclear
decommissioning fund.
[The text of proposed Sec. 53.6081-1 is the same as the text of
Sec. 53.6081-1T published elsewhere in this issue of the Federal
Register.]
PART 55--EXCISE TAX ON REAL INVESTMENT TRUSTS AND REGULATED
INVESTMENT COMPANIES
Par. 17. The authority citation for part 55 continues to read, in
part, as follows:
Authority: 26 U.S.C. 6001, 6011, 6071, 6091, and 7805 * * *
Par. 18. Section 55.6081-1 is added to read as follows:
Sec. 55.6081-1 Automatic extension of time for filing a return due
under Chapter 44.
[The text of proposed Sec. 55.6081-1 is the same as the text of
Sec. 55.6081-1T published elsewhere in this issue of the Federal
Register.]
PART 156--EXCISE TAX ON GREENMAIL
Par. 19. The authority citation for part 156 continues to read, in
part, as follows:
Authority: 26 U.S.C. 6001, 6011, 6061, 6071, 6091, 6161, and
7805 * * *
Par. 20. Section 156.6081-1 is added to read as follows:
Sec. 156.6081-1 Automatic extension of time for filing a return due
under Chapter 54.
[The text of proposed Sec. 156.6081-1 is the same as the text of
Sec. 156.6081-1T published elsewhere in this issue of the Federal
Register.]
PART 157--EXCISE TAX ON STRUCTURED SETTLEMENT FACTORING
TRANSACTIONS
Par. 21. The authority citation for part 157 continues to read, in
part, as follows:
Authority: 26 U.S.C. 7805 * * *
Par. 22. Section 157.6081-1 is added to read as follows:
Sec. 157.6081-1 Automatic extension of time for filing a return due
under Chapter 55.
[The text of proposed Sec. 157.6081-1 is the same as the text of
Sec. 157.6081-1T published elsewhere in this issue of the Federal
Register.]
PART 301--PROCEDURE AND ADMINISTRATION
Par. 23. The authority citation for part 301 continues to read, in
part, as follows:
Authority: 26 U.S.C. 7805 * * *
Par. 24. Section 301.6081-2 is added to read as follows:
Sec. 301.6081-2 Automatic extension of time for filing an information
return with respect to certain foreign trusts.
[The text of proposed Sec. 301.6081-2 is the same as the text of
Sec. 301.6081-2T published elsewhere in this issue of the Federal
Register.]
Mark E. Matthews,
Deputy Commissioner for Services and Enforcement.
[FR Doc. 05-21982 Filed 11-4-05; 8:45 am]
BILLING CODE 4830-01-P
