Deemed Election To Be an Association Taxable as a Corporation for a Qualified Electing S Corporation; Correction, 3219-3220 [06-507]

Download as PDF Federal Register / Vol. 71, No. 13 / Friday, January 20, 2006 / Rules and Regulations PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950–) and 1383b); secs. 4(c) and 5, 6(c)–(e), 14(a), and 15, Pub. L. 98–460, 98 Stat. 1794, 1801, 1802, and 1808 (42 U.S.C. 421 note, 423 note, 1382h note). Subpart P—[Amended] I 1. The authority citation for subpart P continues to read as follows: I Authority: Secs. 202, 205(a), (b), and (d)– (h), 216(i), 221(a) and (i), 222(c), 223, 225, and 702(a)(5) of the Social Security Act (42 U.S.C. 402, 405(a), (b), and (d)–(h), 416(i), 421(a) and (i), 422(c), 423, 425, and 902(a)(5)); sec. 211(b), Pub. L. 104–193, 110 Stat. 2105, 2189. 2. Section 404.1574 is amended by adding a new paragraph (e) to read as follows: I § 404.1574 Evaluation guides if you are an employee. * * * * * (e) Work activity as a member or consultant of an advisory committee established under the Federal Advisory Committee Act (FACA), 5 U.S.C. App. 2. If you are serving as a member or consultant of an advisory committee, board, commission, council, or similar group established under FACA, we will not count any payments you receive from serving on such committees as earnings when we determine whether you are engaging in substantial gainful activity. These payments may include compensation, travel expenses, and special assistance. We also will exclude the services you perform as a member or consultant of an advisory committee established under FACA in applying any of the substantial gainful activity tests discussed in paragraph (b)(6) of this section. This exclusion from the substantial gainful activity provisions will apply only if you are a member or consultant of an advisory committee specifically authorized by statute, or by the President, or determined as a matter of formal record by the head of a federal government agency. This exclusion from the substantial gainful activity provisions will not apply if your service as a member or consultant of an advisory committee is part of your duties or is required as an employee of any governmental or non-governmental organization, agency, or business. PART 416—SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED cprice-sewell on PROD1PC66 with RULES Subpart I—[Amended] 3. The authority citation for subpart I continues to read as follows; 4. Section 416.974 is amended by adding a new paragraph (e) to read as follows: § 416.974 Evaluation guides if you are an employee. * * * * * (e) Work activity as a member or consultant of an advisory committee established under the Federal Advisory Committee Act (FACA), 5 U.S.C. App. 2. If you are serving as a member or consultant of an advisory committee, board, commission, council, or similar group established under FACA, we will not count any payments you receive from serving on such committees as earnings when we determine whether you are engaging in substantial gainful activity. These payments may include compensation, travel expenses, and special assistance. We also will exclude the services you perform as a member or consultant of an advisory committee established under FACA in applying any of the substantial gainful activity tests discussed in paragraph (b)(6) of this section. This exclusion from the substantial gainful activity provision will apply only if you are a member or consultant of an advisory committee specifically authorized by statute, or by the President, or determined as a matter of formal record by the head of a federal government agency. This exclusion from the substantial gainful activity provisions will not apply if your service as a member or consultant of an advisory committee is part of your duties or is required as an employee of any governmental or non-governmental organization, agency, or business. [FR Doc. 06–510 Filed 1–19–06; 8:45 am] BILLING CODE 4191–02–P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 301 [TD 9203] RIN 1545–BC32 Deemed Election To Be an Association Taxable as a Corporation for a Qualified Electing S Corporation; Correction I AGENCY: Authority: Secs. 702(a)(5), 1611, 1614, 1619, 1631(a), (c), and (d)(1), and 1633 of the Social Security Act (42 U.S.C. 902(a)(5), 1382, 1382c, 1382h, 1383(a), (c), and (d)(1), SUMMARY: This document adds the text that was inadvertently removed from VerDate Aug<31>2005 14:32 Jan 19, 2006 Jkt 208001 Internal Revenue Service (IRS), Treasury. ACTION: Correction to final regulations. PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 3219 the Code of Federal Regulations in TD 9203, which was published in the Federal Register on Monday, May 23, 2005 (70 FR 29452). DATES: This correction is effective on May 23, 2005. FOR FURTHER INFORMATION CONTACT: Jian H. Grant, (202) 622–3050 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background This document adds § 301.7701–3T to the Code of Federal Regulations. The final regulations that are the subject of this correction are under section 7701 of the Internal Revenue Code. Need for Correction As published, § 301.7701–3T was inadvertently removed in its entirety from the Code of Federal Regulations in TD 9203. List of Subjects in 26 CFR Part 301 Employment taxes, Estate and excise taxes, Gift taxes, Income taxes, Penalties, Reporting and recordkeeping requirements. Correction of Publication Accordingly, 26 CFR part 301 is corrected as follows: I PART 301—PROCEDURE AND ADMINISTRATION Paragraph 1. The authority citation for part 301 continues to read, in part, as follows: I Authority: 26 U.S.C. 7805 * * * Par. 2. Section 301.7701–3T is added to read as follows: I § 301.7701–3T Classification of certain business entities (temporary). (a) through (c)(1)(i) [Reserved]. For further guidance, see § 301.7701–3(a) through (c)(1)(i). (ii) Further notification of elections. An eligible entity required to file a Federal tax or information return for the taxable year for which an election is made under § 301.7701–3(c)(1)(i) must attach a copy of its Form 8832 to its Federal tax or information return for that year. If the entity is not required to file a return for that year, a copy of its Form 8832, ‘‘Entity Classification Election,’’ must be attached to the Federal income tax or information return of any direct or indirect owner of the entity for the taxable year of the owner that includes the date on which the election was effective. An indirect owner of the entity does not have to attach a copy of the Form 8832 to its return if an entity in which it has an E:\FR\FM\20JAR1.SGM 20JAR1 3220 Federal Register / Vol. 71, No. 13 / Friday, January 20, 2006 / Rules and Regulations interest is already filing a copy of the Form 8832 with its return. If an entity, or one of its direct or indirect owners, fails to attach a copy of a Form 8832 to its return as directed in this section, an otherwise valid election under § 301.7701–3(c)(1)(i) will not be invalidated, but the non-filing party may be subject to penalties, including any applicable penalties if the Federal tax or information returns are inconsistent with the entity’s election under § 301.7701–3(c)(1)(i). In the case of returns for taxable years beginning after December 31, 2002, the copy of Form 8832 attached to a return pursuant to this paragraph (c)(1)(ii) is not required to be a signed copy. (c)(1)(iii) through (h)(3) [Reserved]. For further guidance, see § 301.7701– 3(c)(1)(iii) through (h)(3). Guy R. Traynor, Federal Register Liaison, Publications and Regulations Br., Legal Processing Division, Associate Chief Counsel, (Procedures and Administration). [FR Doc. 06–507 Filed 1–19–06; 8:45 am] ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [EPA–R05–RCRA–2006–0032; FRL–8023–3] Ohio: Final Authorization of State Hazardous Waste Management Program Revision Environmental Protection Agency (EPA). ACTION: Final rule. cprice-sewell on PROD1PC66 with RULES AGENCY: SUMMARY: EPA is granting Ohio Final authorization of the changes to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). The agency published a proposed rule on August 11, 2005 at 70 FR 46799 and provided for public comment. The public comment period ended on September 12, 2005. We received no comments. No further opportunity for comment will be provided. EPA has determined that these changes satisfy all requirements needed to qualify for final authorization. DATES: The final authorization will be effective on January 20, 2006. ADDRESSES: EPA has established a docket for this action under Docket ID No. EPA R–05–RCRA–2006–0032. All documents in the docket are listed on the https://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose 14:32 Jan 19, 2006 Jkt 208001 On August 11, 2005, EPA published a proposed rule proposing to grant Ohio authorization for changes to its RCRA program, listed in Section F of that notice, which was subject to public comment. The public comment period ended September 12, 2005, additional comment time was provided through newspaper notices and comments were accepted through October 31, 2005. No comments were received. We hereby determine that Ohio’s hazardous waste program revisions satisfy all of the requirements necessary to qualify for final authorization. SUPPLEMENTARY INFORMATION: BILLING CODE 4830–01–P VerDate Aug<31>2005 disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through https://www.regulations.gov or in hard copy as follows. You can view and copy Ohio’s application from 9 a.m. to 4 p.m. at the following addresses: Ohio Environmental Protection Agency, Lazarus Government Center, 122 South Front Street, Columbus, Ohio, (mailing address P.O. Box 1049, Columbus, Ohio 43216) contact Kit Arthur (614) 644– 2932; and EPA Region 5, contact Gary Westefer at the following address. FOR FURTHER INFORMATION CONTACT: Gary Westefer, Ohio Regulatory Specialist, U.S. EPA Region 5, DM–7J, 77 West Jackson Boulevard, Chicago, Illinois 60604, at (312) 886–7450, or at westefer.gary@epa.gov. A. Why Are Revisions to State Programs Necessary? States which have received final authorization from EPA under RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous waste program that is equivalent to, consistent with, and no less stringent than the Federal program. As the Federal program changes, States must change their programs and ask EPA to authorize the changes. Changes to State programs may be necessary when Federal or State statutory or regulatory authority is modified or when certain other changes occur. Most commonly, States must change their programs because of changes to EPA’s regulations in 40 Code of Federal Regulations (CFR) parts 124, 260 through 266, 268, 270, 273 and 279. B. What Decisions Have We Made in This Rule? We conclude that Ohio’s application to revise its authorized program meets all of the statutory and regulatory requirements established by RCRA. PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 Therefore, we propose to grant Ohio final authorization to operate its hazardous waste program with the changes described in the authorization application. Ohio has responsibility for permitting Treatment, Storage, and Disposal Facilities (TSDFs) within its borders (except in Indian Country) and for carrying out the aspects of the RCRA program described in its revised program application, subject to the limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA). New Federal requirements and prohibitions imposed by Federal regulations that EPA promulgates under the authority of HSWA take effect in authorized States before they are authorized for the requirements. Thus, EPA will implement those requirements and prohibitions in Ohio, including issuing permits, until the State is granted authorization to do so. C. What Is the Effect of Today’s Authorization Decision? This decision means that a facility in Ohio subject to RCRA will now have to comply with the authorized State requirements (listed in section F of this notice) instead of the equivalent Federal requirements in order to comply with RCRA. Ohio has enforcement responsibilities under its State hazardous waste program for violations of such program, but EPA retains its authority under RCRA sections 3007, 3008, 3013, and 7003, which include, among others, authority to: • Do inspections, and require monitoring, tests, analyses or reports; • Enforce RCRA requirements and suspend or revoke permits; • Take enforcement actions regardless of whether the State has taken its own actions. This action does not impose additional requirements on the regulated community because the regulations for which Ohio is being authorized by today’s action are already effective, and are not changed by today’s action. D. Proposed Rule On August 11, 2005 (70 FR 46799), EPA published a proposed rule. In that rule we proposed granting authorization of changes to Ohio’s hazardous waste program and opened our decision to public comment. The agency received no comments on this proposal. EPA found Ohio’s RCRA program to be satisfactory. E. What Has Ohio Previously Been Authorized for? Ohio initially received final authorization on June 28, 1989, effective E:\FR\FM\20JAR1.SGM 20JAR1

Agencies

[Federal Register Volume 71, Number 13 (Friday, January 20, 2006)]
[Rules and Regulations]
[Pages 3219-3220]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-507]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 301

[TD 9203]
RIN 1545-BC32


Deemed Election To Be an Association Taxable as a Corporation for 
a Qualified Electing S Corporation; Correction

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Correction to final regulations.

-----------------------------------------------------------------------

SUMMARY: This document adds the text that was inadvertently removed 
from the Code of Federal Regulations in TD 9203, which was published in 
the Federal Register on Monday, May 23, 2005 (70 FR 29452).

DATES: This correction is effective on May 23, 2005.

FOR FURTHER INFORMATION CONTACT: Jian H. Grant, (202) 622-3050 (not a 
toll-free number).

SUPPLEMENTARY INFORMATION:

Background

    This document adds Sec.  301.7701-3T to the Code of Federal 
Regulations. The final regulations that are the subject of this 
correction are under section 7701 of the Internal Revenue Code.

Need for Correction

    As published, Sec.  301.7701-3T was inadvertently removed in its 
entirety from the Code of Federal Regulations in TD 9203.

List of Subjects in 26 CFR Part 301

    Employment taxes, Estate and excise taxes, Gift taxes, Income 
taxes, Penalties, Reporting and recordkeeping requirements.

Correction of Publication

0
Accordingly, 26 CFR part 301 is corrected as follows:

PART 301--PROCEDURE AND ADMINISTRATION

0
Paragraph 1. The authority citation for part 301 continues to read, in 
part, as follows:

    Authority: 26 U.S.C. 7805 * * *


0
Par. 2. Section 301.7701-3T is added to read as follows:


Sec.  301.7701-3T  Classification of certain business entities 
(temporary).

    (a) through (c)(1)(i) [Reserved]. For further guidance, see Sec.  
301.7701-3(a) through (c)(1)(i).
    (ii) Further notification of elections. An eligible entity required 
to file a Federal tax or information return for the taxable year for 
which an election is made under Sec.  301.7701-3(c)(1)(i) must attach a 
copy of its Form 8832 to its Federal tax or information return for that 
year. If the entity is not required to file a return for that year, a 
copy of its Form 8832, ``Entity Classification Election,'' must be 
attached to the Federal income tax or information return of any direct 
or indirect owner of the entity for the taxable year of the owner that 
includes the date on which the election was effective. An indirect 
owner of the entity does not have to attach a copy of the Form 8832 to 
its return if an entity in which it has an

[[Page 3220]]

interest is already filing a copy of the Form 8832 with its return. If 
an entity, or one of its direct or indirect owners, fails to attach a 
copy of a Form 8832 to its return as directed in this section, an 
otherwise valid election under Sec.  301.7701-3(c)(1)(i) will not be 
invalidated, but the non-filing party may be subject to penalties, 
including any applicable penalties if the Federal tax or information 
returns are inconsistent with the entity's election under Sec.  
301.7701-3(c)(1)(i). In the case of returns for taxable years beginning 
after December 31, 2002, the copy of Form 8832 attached to a return 
pursuant to this paragraph (c)(1)(ii) is not required to be a signed 
copy.
    (c)(1)(iii) through (h)(3) [Reserved]. For further guidance, see 
Sec.  301.7701-3(c)(1)(iii) through (h)(3).

Guy R. Traynor,
Federal Register Liaison, Publications and Regulations Br., Legal 
Processing Division, Associate Chief Counsel, (Procedures and 
Administration).
[FR Doc. 06-507 Filed 1-19-06; 8:45 am]
BILLING CODE 4830-01-P

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