Reporting Rules for Widely Held Fixed Investment Trusts, 43998-44001 [06-6650]
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43998
Federal Register / Vol. 71, No. 149 / Thursday, August 3, 2006 / Proposed Rules
Alert Service Bulletin PW2000 A72–
706, dated February 17, 2006, that
describes procedures for a onetime
focused visual and FPI of suspect
PW2000 8th stage HPC drum rotor disk
assemblies that may have been damaged
during original manufacture.
FAA’s Determination and Requirements
of the Proposed AD
We have evaluated all pertinent
information and identified an unsafe
condition that is likely to exist or
develop on other products of this same
type design. We are proposing this AD,
which would require a onetime focused
visual and FPI of 21 suspect PW2000
8th stage HPC drum rotor disk
assemblies. The proposed AD would
require you to use the service
information described previously to
perform these actions.
Costs of Compliance
We estimate that this proposed AD
would affect 15 engines installed on
airplanes of U.S. registry. We also
estimate that it would take about 70
workhours per engine to perform the
proposed actions, and that the average
labor rate is $80 per workhour. We do
not expect that parts will be required.
Based on these figures, we estimate the
total cost of the proposed AD to U.S.
operators to be $84,000 for the
inspection.
hsrobinson on PROD1PC69 with PROPOSALS
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
Section 106, describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701,
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
Regulatory Findings
We have determined that this
proposed AD would not have federalism
implications under Executive Order
13132. This proposed AD would not
have a substantial direct effect on the
States, on the relationship between the
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national Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that the proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
3. Would not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this proposed AD. See the ADDRESSES
section for a location to examine the
regulatory evaluation.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Safety.
The Proposed Amendment
Under the authority delegated to me
by the Administrator, the Federal
Aviation Administration proposes to
amend 14 CFR part 39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
Pratt & Whitney: Docket No. FAA–2006–
24452; Directorate Identifier 2006–NE–
11–AD.
Compliance
(e) You are responsible for having the
actions required by this AD performed at the
next shop visit, not to exceed an additional
6000 engine cycles, after the effective date of
this AD, when the 8th stage HPC drum rotor
disk assembly is exposed and removed from
the HPC module, unless the actions have
already been done.
Inspect the 8th Stage Drum Rotor Disk
(f) Using the Accomplishment Instructions
of Pratt & Whitney Alert Service Bulletin
PW2000 A72–706, dated February 17, 2006,
do a onetime focused visual and fluorescent
penetrant inspection (FPI) of suspect 8th
stage HPC drum rotor disk assemblies that
may have been damaged during manufacture.
Any 8th stage disk damage that exceeds the
serviceable limits specified in Pratt &
Whitney PW2000 Engine Manual, Part
Number 1A6231, Chapter/Section 72–35–03,
Inspection/Check–01/–04, can not be
returned to service. Table 1 of the
Accomplishment Instructions lists the part
numbers and serial numbers of the HPC
drum rotor disk assemblies requiring
inspection.
(g) After the effective date of this AD, do
not install any uninspected 8th stage drum
rotor disk assemblies listed in Table 1 of the
Accomplishment Instructions of Pratt &
Whitney Alert Service Bulletin PW2000
A72–706, dated February 17, 2006, in any
engine.
Alternative Methods of Compliance
(h) The Manager, Engine Certification
Office, has the authority to approve
alternative methods of compliance for this
AD if requested using the procedures found
in 14 CFR 39.19.
Issued in Burlington, Massachusetts, on
July 27, 2006.
Francis A. Favara,
Manager, Engine and Propeller Directorate,
Aircraft Certification Service.
[FR Doc. E6–12539 Filed 8–2–06; 8:45 am]
BILLING CODE 4910–13–P
Comments Due Date
(a) The Federal Aviation Administration
(FAA) must receive comments on this
airworthiness directive (AD) action by
October 2, 2006.
DEPARTMENT OF THE TREASURY
Affected ADs
(b) None.
26 CFR Parts 1
[REG–125071–06]
Applicability
(c) This AD applies to Pratt & Whitney
PW2037, PW2040, PW2037M turbofan
engines. These engines are installed on, but
not limited to Boeing 757 airplanes.
Unsafe Condition
(d) This AD results from a Pratt & Whitney
PW2037 8th stage high-pressure compressor
(HPC) drum rotor disk assembly failure event
caused by tooling damage that occurred
during disk assembly manufacture. We are
issuing this AD to prevent 8th stage HPC
drum rotor disk assembly failure that could
result in an uncontained engine failure and
damage to the airplane.
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RIN 1545–BF75
Reporting Rules for Widely Held Fixed
Investment Trusts
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking
by cross-reference to temporary
regulations.
AGENCY:
In this issue of the Federal
Register, the IRS and the Treasury
Department are issuing final and
temporary regulations amending
SUMMARY:
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Federal Register / Vol. 71, No. 149 / Thursday, August 3, 2006 / Proposed Rules
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§ 1.671–5 which provides reporting
rules for widely held fixed investment
trusts (WHFITs). The final and
temporary regulations clarify and
simplify reporting for trustees and
middlemen of non-mortgage widely
held fixed investment trusts
(NMWHFITs). The text of those final
and temporary regulations serves, in
part, as the text of these proposed
regulations. In addition to the
amendments to § 1.671–5 included in
the final and temporary regulations,
these proposed regulations provide for
the creation of a directory of
NMWHFITs and trustees of widely held
mortgage trusts (WHMTs). These
regulations also clarify the reporting
rules for market discount under the
NMWHFIT safe harbor for NMWHFITs
that hold debt instruments with original
issue discount (OID). The preamble to
these regulations also solicits comments
regarding the safe harbor for WHMTs.
DATES: Written or electronic comments
and requests for a public hearing must
be received by October 2, 2006.
ADDRESSES: Send submissions to
CC:PA:LPD:PR (REG–125071–06),
Internal Revenue Service, PO Box 7604,
Ben Franklin Station, Washington, DC
20044, or send electronically, via the
IRS Internet site at https://www.irs.gov/
regs or via the Federal eRulemaking
Portal at https://www.regulations.gov
(IRS–REG–125071–06).
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
Faith Colson, (202) 622–3060 (not a tollfree number); concerning submission of
comments and/or requests for a public
hearing, Richard A Hurst at
Richard.A.Hurst@irscounsel.treas.gov.
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act
These proposed regulations amend
§ 1.671–5. The collection of information
contained in these proposed regulations
has been previously reviewed and
approved by the Office of Management
and Budget in accordance with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3507) under control number
1545–1540. Response to this collection
of information is mandatory. The
collection of information in these
proposed regulations is in § 1.671–5.
This information is required to be
reported to beneficial owners of trust
interests to enable them to correctly
report their share of the items of
income, deduction, and credit of the
WHFIT in which they have invested.
This information is also required to be
reported to the IRS to enable the IRS to
verify that trustees and middlemen are
accurately reporting information to
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beneficial owners of trust interests and
that beneficial owners are properly
reporting their ownership of a trust
interest.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a valid control
number assigned by the Office of
Management and Budget.
Books or records relating to a
collection of information must be
retained as long as their contents might
become material in the administration
of any internal revenue law. Generally,
tax returns and tax return information
are confidential, as required by 26
U.S.C. 6103.
Background and Explanation of
Provisions
On January 24, 2006, the Internal
Revenue Service (IRS) and the Treasury
Department published final regulations
(TD 9241) under § 1.671–5 in the
Federal Register (71 FR 4002) providing
reporting rules for WHFITs. Final and
temporary regulations in this issue of
the Federal Register amend § 1.671–5.
These amendments are intended to
clarify and simplify the reporting
required by NMWHFITs under § 1.671–
5. The text of the final and temporary
regulations also serves, in part, as the
text of these proposed regulations. The
preamble to final and temporary
regulations explains the final and
temporary regulations and those parts of
these proposed regulations that are
included in the final and temporary
regulations. These proposed regulations
include proposed amendments to
§ 1.671–5 in addition to those provided
by the final and temporary regulations.
The proposed amendments to § 1.671–5
that are not included in the final and
temporary regulations are discussed
below.
I. Proposed Directory of WHMT Trustees
and NMWHFITs and Requirement That
WHMT Trustees Provide a List of
WHMTs for Which They Act on an
Internet Web Site
Prior to the publication of the final
regulations under § 1.671–5,
commentators expressed concern that
middlemen would not be able to
identify a client’s investment as an
investment in a WHFIT and suggested
that the IRS publish a directory or list
of WHFITs that would include the name
and CUSIP number of each WHFIT,
along with the name, address and
telephone number of the WHFIT’s
representative. Commentators noted that
a publicly available directory or list
would assist middlemen and brokers in
identifying a client’s investment as an
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43999
investment in a WHFIT and in locating
the WHFIT’s representative.
In response to these comments, the
final regulations require a trustee to
identify the WHFIT as either a WHMT
or a NMWHFIT when providing trust
information. The preamble to the final
WHFIT regulations provides that the
IRS and the Treasury Department are
studying whether a directory or list of
WHFITs can be compiled by the IRS and
expressed concern that such a directory
was not feasible because of the large
number of WHMTs. In the preamble, the
IRS and the Treasury Department
requested additional comments from
middlemen regarding the type of
WHFITs that should be included in any
directory, the type of information
needed by middlemen (especially
middlemen holding WHMT interests),
and the format of a directory that would
be most helpful. Trustees were also
asked to comment regarding how the
IRS could obtain the trust information
needed for the directory from the
trustees in the least burdensome
manner.
Since the publication of the final
regulations, the IRS has received
additional comments regarding the need
for a directory of WHFITs.
Commentators indicated that such a
directory would significantly improve a
middleman’s ability to comply with
§ 1.671–5 and suggested that the IRS
provide a directory of WHMT trustees
and NMWHFITs, with each WHMT
trustee maintaining a list of the WHMTs
for which the trustee acts at an Internet
Web site available to middlemen.
In response to these comments, the
IRS proposes to expand Publication 938,
‘‘Real Estate Investment Conduits
(REMICs) Reporting Information (and
other Collateralized Debt Obligations
(CDOs)),’’ or create a separate
publication to list WHMT trustees and
NMWHFITs. The IRS currently intends
to list NMWHFITs in this directory by
trustee (listed in alphabetical order)
with the NMWHFITs for which the
trustee acts listed by CUSIP number,
followed by any NMWHFITs, listed in
alphabetical order by name which do
not have CUSIP numbers. NMWHFIT
trustees will be required to file Form
8811, ‘‘Information Return for REMICs
and Issuers of CDO’s,’’ or a similar form
to provide the IRS with the information
it needs to list NMWHFITs in the
directory.
The directory will also alphabetically
list WHMT trustees and provide the
address of the Internet Web site that
lists the WHMTs for which the trustee
acts. WHMT trustees will be required to
file Form 8811, or similar form, to
identify themselves to the IRS as a
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Federal Register / Vol. 71, No. 149 / Thursday, August 3, 2006 / Proposed Rules
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WHMT trustee and provide an Internet
Web site that lists the WHMTs for
which the trustee acts. The IRS and
Treasury Department continue to
request comments on the need for the
directory and the format to be used for
the directory, as well as comments
regarding how to obtain information
from trustees in the least burdensome
manner.
II. Clarification of Market Discount
Information Required To Be Reported
Under the NMWHFIT Safe Harbor
Commentators also noted the need for
amendments to the information required
to be reported under the NMWHFIT safe
harbor with respect to market discount.
If a NMWHFIT does not qualify for the
reduced reporting in § 1.671–
5(c)(2)(iv)(B), § 1.671–5(f)(1)(viii)
requires the trustee to provide
information regarding the portion of the
trust that the assets sold represented.
Assuming that a trust interest holder
purchased its interest at a discount, it
was contemplated that the trust interest
holder would allocate the same portion
of its discount to the sale as the assets
represented to the NMWHFIT. The trust
interest holder would then determine
how much of the discount allocated to
the sold assets had accrued since the
trust interest holder purchased its
interest using either a ratable or
constant interest method, as
appropriate.
After reviewing the comments
received after the publication of TD
9241, the IRS and the Treasury
Department noted that the information
required to be reported under the safe
harbor is incomplete with respect to a
NMWHFIT holding debt instruments
with original issue discount (OID).
Under both the general provisions
(§ 1.671–5(c)(2)(ii)(A) and (vii)) and the
safe harbor (§ 1.671–5(f)(1)(vii) and
(viii)), OID information is required to be
calculated and provided separately from
market discount. Accordingly, to enable
trust interest holders to determine the
amount of market discount the interest
holder is to allocate to a particular sale
or disposition of debt instruments by
the NMWHFIT, § 1.671–5(f)(1)(viii)(A) is
proposed to be amended with respect to
NMWHFITs that hold debt instruments
with OID, to include a requirement that
trustees provide the aggregate adjusted
issue price of the debt instruments held
by the NMWHFIT per trust interest as of
the start-up date as well as of January 1
of each subsequent year of the
NMWHFIT. It is contemplated that trust
interest holders will use the January 1
adjusted issue price for the year in
which the trust interest holder
purchased its interest to determine
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whether a trust interest was acquired
with market discount. So as not to
require trustees to calculate information
for calendar years prior to the effective
date of the final regulations, the
proposed regulations only apply this
requirement to NMWHFITs with a startup date (as defined in § 1.671–5(b)(19))
after January 24, 2006.
III. Request for Comments on the
Expansion of the WHMT Safe Harbor
The final regulations include safe
harbor reporting rules for WHMTs.
Section 1.671–5(g)(1)(ii)(B) provides
that, to be eligible to report under the
WHMT safe harbor, all interests in the
WHMT must represent the right to
receive an equal pro-rata share of both
the income and the principal payments
received by the WHMT on the
mortgages it holds and that, for
example, a WHMT that holds or issues
trust interests that qualify as stripped
interests under section 1286 may not
report under the safe harbor. Further, a
WHMT that holds an interest in another
WHFIT is not eligible to report under
the WHMT safe harbor. See § 1.671–
5(b)(11) (limiting the definition of a
mortgage to exclude an interest in
another WHFIT) and § 1.671–
5(g)(1)(ii)(E)(1) (providing that only
WHMTs that directly hold mortgages
may use the safe harbor). Since the
publication of the final regulations, a
commentator has requested that safe
harbor reporting rules be developed for
WHMTs that hold or issue stripped
interests and for WHMTs that hold
interests in other WHMTs. The IRS and
the Treasury Department will consider
this request in connection with further
action on this proposed regulation and
request additional comments regarding
the need for additional WHMT safe
harbor reporting rules, the nature of the
arrangements for which the additional
safe harbors are needed, the safe harbor
reporting suggested and how such
reporting is consistent with substantive
law.
Effective Date
The IRS and the Treasury Department
expect to take prompt action to finalize
the proposed regulations so that certain
of the provisions that are only included
in the proposed regulations can be made
effective as of January 1, 2007 (see
§ 1.671–5(m)) as though the provisions
were included in TD 9241. The IRS and
Treasury Department invite
recommendations regarding the
effective date of proposed paragraphs
(c)(3) (requiring trustees to file an
information return with the IRS and
requiring WHMT trustees to provide an
Internet Web site listing the WHMTs for
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which they act) and (c)(5) (providing for
middlemen to refer to a directory
created by the IRS), that may require
some lead time for their
implementation.
Special Analysis
It has been determined that these
proposed regulations are not a
significant regulatory action as defined
in Executive Order 12866. Therefore, a
regulatory assessment is not required. It
is hereby certified that these regulations
will not have a significant economic
impact on a substantial number of small
entities. This certification is based on
the fact that the regulations will not to
have a significant economic impact on
small entities because the reporting
burdens in these regulations will fall
primarily on large brokerage firms, large
banks, and other large entities acting as
trustees or middlemen, most of which
are not small entities within the
meaning of the Regulatory Flexibility
Act (5 U.S.C. chapter 6). Thus, a
substantial number of small entities are
not expected to be affected. Therefore, a
Regulatory Flexibility Analysis under
the Regulatory Flexibility Act (5 U.S.C.
chapter 6) is not required. 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.
Comments and Public Hearing
Before these proposed regulations are
adopted as final regulations,
consideration will be given to any
written (a signed original and eight (8)
copies) or electronic comments that are
submitted timely to the IRS. The IRS
and the Treasury Department request
comments on the clarity of the proposed
rules and how they can be made easier
to understand. All comments will be
available for public inspection and
copying. A public hearing will be
scheduled if requested in writing by any
person that timely submits written
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 Faith Colson, Office of
Associate Chief Counsel (Passthroughs
& Special Industries). However, other
personnel from the IRS and the Treasury
Department participated in their
development.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
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Federal Register / Vol. 71, No. 149 / Thursday, August 3, 2006 / Proposed Rules
Proposed Amendments to the
Regulations
Accordingly, 26 CFR part 1 is
amended 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 1.671–5 is amended
by:
1. Revising paragraphs (b)(5), (b)(8),
and (b)(21).
2. Revising paragraph (c)(2)(iv), (v)(C),
(vi), and (vii).
3. Revising paragraph (c)(3).
4. Adding paragraph (c)(5)(iv).
5. Revising paragraphs (f)(1)(i)(A) and
(viii)(A).
The revisions and addition read as
follows:
§ 1.671–5 Reporting for widely held fixed
investment trusts.
hsrobinson on PROD1PC69 with PROPOSALS
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(b) * * *
(5) [The text of proposed § 1.671–
5(b)(5) is the same as the text of § 1.671–
5T(b)(5) published elsewhere in this
issue of the Federal Register].
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(8) [The text of proposed § 1.671–
5(b)(8) is the same as the text of § 1.671–
5T(b)(8) published elsewhere in this
issue of the Federal Register].
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(21) [The text of proposed § 1.671–
5(b)(21) is the same as the text of
§ 1.671–5T(b)(21) published elsewhere
in this issue of the Federal Register].
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(c) * * *
(2) * * *
(iv) [The text of proposed § 1.671–
5(c)(2)(iv) is the same as the text of
§ 1.671–5T(c)(2)(iv) published
elsewhere in this issue of the Federal
Register].
(v) * * *
(C) [The text of proposed § 1.671–
5(c)(2)(v)(C) is the same as the text of
§ 1.671–5T(c)(2)(v)(C) published
elsewhere in this issue of the Federal
Register].
(vi) [The text of proposed § 1.671–
5(c)(2)(vi) is the same as the text of
§ 1.671–5T(c)(2)(vi) published
elsewhere in this issue of the Federal
Register].
(vii) [The text of proposed § 1.671–
5(c)(2)(vii) is the same as the text of
§ 1.671–5T(c)(2)(vii) published
elsewhere in this issue of the Federal
Register].
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(3) Requirement that trustees file an
information return and that WHMT
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trustees list WHMTs on an Internet Web
site—(i) Information return identifying a
NMWHFIT to the IRS. For each
NMWHFIT for which the trustee acts,
the trustee of a NMWHFIT must file the
form specified as the information return
to be used for identifying a NMWHFIT
to the IRS. The form must be filed by the
due date provided by that form and
must contain the information required
to be provided by the form. If, following
the publication of final regulations in
the Federal Register, the IRS issues
additional guidance that prescribes
another method to be used to identify
and provide information with respect to
a NMWHFIT to the IRS, this method
must be used.
(ii) Information return for trustees of
WHMTs and the requirement that the
trustee maintain an Internet Web site
listing the CUSIP numbers and names of
the WHMTs for which the trustee acts.
The trustee of a NMWHFIT must file the
form specified as the information return
to be used for identifying the trustee to
the IRS. The form must be filed by the
due date provided by that form and
contain the information required to be
provided by the form. In addition, the
trustee must maintain a list of the
WHMTs for which the trustee acts on
the trustee’s Internet Web site (or
another site designated by the trustee for
this purpose). If, following the
publication of final regulations in the
Federal Register, the IRS issues
additional guidance that prescribes
another method to be used to identify a
trustee as a WHMT trustee and provide
information with respect to the WHMTs
for which the trustee acts, this method
must be used.
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(5) * * *
(iv) Directory of WHMT trustees and
NMWHFITs. The IRS provides a
directory of WHMT trustees and
NMWHFITs, and WHMT trustees
provide an Internet Web site at which
the trustees list the WHMTs for which
they act, to assist requesting persons in
locating a representative of a WHFIT
that will provide the information
specified in paragraph (c) of this
section. A requesting person may report
consistent with this section for any
arrangement identified in the directory
as a NMWHFIT or on a WHMT trustee’s
Internet Web site as a WHMT provided
that the requesting person does not have
actual knowledge that the arrangement
is not a WHFIT.
(f) * * *
(1) * * *
(i) * * *
(A) [The text of proposed § 1.671–
5(f)(1)(i)(A) is the same as the text of
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§ 1.671–5T(f)(1)(i)(A) published
elsewhere in this issue of the Federal
Register].
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(viii) Reporting market discount
information under the safe harbor—(A)
In general—(1) Trustee is required to
provide market discount information. If
the trustee is required to provide
information regarding market discount
under paragraph (c)(2)(vii) of this
section, the trustee must provide—
(i) The information required to be
provided under paragraph
(f)(1)(iv)(A)(1)(iii) of this section; and
(ii) If the NMWHFIT holds debt
instruments with OID and the
NMWHFIT has a start-up date on or
after January 24, 2006, the aggregate
adjusted issue price of the debt
instruments per trust interest calculated
as of the start-up date and as of January
1 for each subsequent year of the
NMWHFIT.
(2) Trustee is not required to provide
market discount information. If the
trustee is not required to provide market
discount information under paragraph
(c)(2)(vii) of this section (because the
NMWHFIT meets the de minimis test of
paragraph (c)(2)(iv)(D)(1) of this section,
the qualified NMWHFIT exception of
paragraph (c)(2)(iv)(E) of this section, or
the NMWHFIT final year exception of
paragraph (c)(2)(iv)(F) of this section),
the trustee is not required under this
paragraph (f) to provide any information
regarding market discount.
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Mark E. Matthews,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 06–6650 Filed 7–28–06; 4:15 pm]
BILLING CODE 4830–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 216
[Docket No. 060629183–6183–01; I.D.
022106A]
RIN 0648–AT39
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Conducting Precision
Strike Weapons Testing and Training
by Eglin Air Force Base in the Gulf of
Mexico
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
E:\FR\FM\03AUP1.SGM
03AUP1
]]>Agencies
[Federal Register Volume 71, Number 149 (Thursday, August 3, 2006)]
[Proposed Rules]
[Pages 43998-44001]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-6650]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 1
[REG-125071-06]
RIN 1545-BF75
Reporting Rules for Widely Held Fixed Investment Trusts
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Notice of proposed rulemaking by cross-reference to temporary
regulations.
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SUMMARY: In this issue of the Federal Register, the IRS and the
Treasury Department are issuing final and temporary regulations
amending
[[Page 43999]]
Sec. 1.671-5 which provides reporting rules for widely held fixed
investment trusts (WHFITs). The final and temporary regulations clarify
and simplify reporting for trustees and middlemen of non-mortgage
widely held fixed investment trusts (NMWHFITs). The text of those final
and temporary regulations serves, in part, as the text of these
proposed regulations. In addition to the amendments to Sec. 1.671-5
included in the final and temporary regulations, these proposed
regulations provide for the creation of a directory of NMWHFITs and
trustees of widely held mortgage trusts (WHMTs). These regulations also
clarify the reporting rules for market discount under the NMWHFIT safe
harbor for NMWHFITs that hold debt instruments with original issue
discount (OID). The preamble to these regulations also solicits
comments regarding the safe harbor for WHMTs.
DATES: Written or electronic comments and requests for a public hearing
must be received by October 2, 2006.
ADDRESSES: Send submissions to CC:PA:LPD:PR (REG-125071-06), Internal
Revenue Service, PO Box 7604, Ben Franklin Station, Washington, DC
20044, or send electronically, via the IRS Internet site at https://
www.irs.gov/regs or via the Federal eRulemaking Portal at https://
www.regulations.gov (IRS-REG-125071-06).
FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations,
Faith Colson, (202) 622-3060 (not a toll-free number); concerning
submission of comments and/or requests for a public hearing, Richard A
Hurst at Richard.A.Hurst@irscounsel.treas.gov.
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act
These proposed regulations amend Sec. 1.671-5. The collection of
information contained in these proposed regulations has been previously
reviewed and approved by the Office of Management and Budget in
accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3507)
under control number 1545-1540. Response to this collection of
information is mandatory. The collection of information in these
proposed regulations is in Sec. 1.671-5. This information is required
to be reported to beneficial owners of trust interests to enable them
to correctly report their share of the items of income, deduction, and
credit of the WHFIT in which they have invested. This information is
also required to be reported to the IRS to enable the IRS to verify
that trustees and middlemen are accurately reporting information to
beneficial owners of trust interests and that beneficial owners are
properly reporting their ownership of a trust interest.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a valid
control number assigned by the Office of Management and Budget.
Books or records relating to a collection of information must be
retained as long as their contents might become material in the
administration of any internal revenue law. Generally, tax returns and
tax return information are confidential, as required by 26 U.S.C. 6103.
Background and Explanation of Provisions
On January 24, 2006, the Internal Revenue Service (IRS) and the
Treasury Department published final regulations (TD 9241) under Sec.
1.671-5 in the Federal Register (71 FR 4002) providing reporting rules
for WHFITs. Final and temporary regulations in this issue of the
Federal Register amend Sec. 1.671-5. These amendments are intended to
clarify and simplify the reporting required by NMWHFITs under Sec.
1.671-5. The text of the final and temporary regulations also serves,
in part, as the text of these proposed regulations. The preamble to
final and temporary regulations explains the final and temporary
regulations and those parts of these proposed regulations that are
included in the final and temporary regulations. These proposed
regulations include proposed amendments to Sec. 1.671-5 in addition to
those provided by the final and temporary regulations. The proposed
amendments to Sec. 1.671-5 that are not included in the final and
temporary regulations are discussed below.
I. Proposed Directory of WHMT Trustees and NMWHFITs and Requirement
That WHMT Trustees Provide a List of WHMTs for Which They Act on an
Internet Web Site
Prior to the publication of the final regulations under Sec.
1.671-5, commentators expressed concern that middlemen would not be
able to identify a client's investment as an investment in a WHFIT and
suggested that the IRS publish a directory or list of WHFITs that would
include the name and CUSIP number of each WHFIT, along with the name,
address and telephone number of the WHFIT's representative.
Commentators noted that a publicly available directory or list would
assist middlemen and brokers in identifying a client's investment as an
investment in a WHFIT and in locating the WHFIT's representative.
In response to these comments, the final regulations require a
trustee to identify the WHFIT as either a WHMT or a NMWHFIT when
providing trust information. The preamble to the final WHFIT
regulations provides that the IRS and the Treasury Department are
studying whether a directory or list of WHFITs can be compiled by the
IRS and expressed concern that such a directory was not feasible
because of the large number of WHMTs. In the preamble, the IRS and the
Treasury Department requested additional comments from middlemen
regarding the type of WHFITs that should be included in any directory,
the type of information needed by middlemen (especially middlemen
holding WHMT interests), and the format of a directory that would be
most helpful. Trustees were also asked to comment regarding how the IRS
could obtain the trust information needed for the directory from the
trustees in the least burdensome manner.
Since the publication of the final regulations, the IRS has
received additional comments regarding the need for a directory of
WHFITs. Commentators indicated that such a directory would
significantly improve a middleman's ability to comply with Sec. 1.671-
5 and suggested that the IRS provide a directory of WHMT trustees and
NMWHFITs, with each WHMT trustee maintaining a list of the WHMTs for
which the trustee acts at an Internet Web site available to middlemen.
In response to these comments, the IRS proposes to expand
Publication 938, ``Real Estate Investment Conduits (REMICs) Reporting
Information (and other Collateralized Debt Obligations (CDOs)),'' or
create a separate publication to list WHMT trustees and NMWHFITs. The
IRS currently intends to list NMWHFITs in this directory by trustee
(listed in alphabetical order) with the NMWHFITs for which the trustee
acts listed by CUSIP number, followed by any NMWHFITs, listed in
alphabetical order by name which do not have CUSIP numbers. NMWHFIT
trustees will be required to file Form 8811, ``Information Return for
REMICs and Issuers of CDO's,'' or a similar form to provide the IRS
with the information it needs to list NMWHFITs in the directory.
The directory will also alphabetically list WHMT trustees and
provide the address of the Internet Web site that lists the WHMTs for
which the trustee acts. WHMT trustees will be required to file Form
8811, or similar form, to identify themselves to the IRS as a
[[Page 44000]]
WHMT trustee and provide an Internet Web site that lists the WHMTs for
which the trustee acts. The IRS and Treasury Department continue to
request comments on the need for the directory and the format to be
used for the directory, as well as comments regarding how to obtain
information from trustees in the least burdensome manner.
II. Clarification of Market Discount Information Required To Be
Reported Under the NMWHFIT Safe Harbor
Commentators also noted the need for amendments to the information
required to be reported under the NMWHFIT safe harbor with respect to
market discount. If a NMWHFIT does not qualify for the reduced
reporting in Sec. 1.671-5(c)(2)(iv)(B), Sec. 1.671-5(f)(1)(viii)
requires the trustee to provide information regarding the portion of
the trust that the assets sold represented. Assuming that a trust
interest holder purchased its interest at a discount, it was
contemplated that the trust interest holder would allocate the same
portion of its discount to the sale as the assets represented to the
NMWHFIT. The trust interest holder would then determine how much of the
discount allocated to the sold assets had accrued since the trust
interest holder purchased its interest using either a ratable or
constant interest method, as appropriate.
After reviewing the comments received after the publication of TD
9241, the IRS and the Treasury Department noted that the information
required to be reported under the safe harbor is incomplete with
respect to a NMWHFIT holding debt instruments with original issue
discount (OID). Under both the general provisions (Sec. 1.671-
5(c)(2)(ii)(A) and (vii)) and the safe harbor (Sec. 1.671-5(f)(1)(vii)
and (viii)), OID information is required to be calculated and provided
separately from market discount. Accordingly, to enable trust interest
holders to determine the amount of market discount the interest holder
is to allocate to a particular sale or disposition of debt instruments
by the NMWHFIT, Sec. 1.671-5(f)(1)(viii)(A) is proposed to be amended
with respect to NMWHFITs that hold debt instruments with OID, to
include a requirement that trustees provide the aggregate adjusted
issue price of the debt instruments held by the NMWHFIT per trust
interest as of the start-up date as well as of January 1 of each
subsequent year of the NMWHFIT. It is contemplated that trust interest
holders will use the January 1 adjusted issue price for the year in
which the trust interest holder purchased its interest to determine
whether a trust interest was acquired with market discount. So as not
to require trustees to calculate information for calendar years prior
to the effective date of the final regulations, the proposed
regulations only apply this requirement to NMWHFITs with a start-up
date (as defined in Sec. 1.671-5(b)(19)) after January 24, 2006.
III. Request for Comments on the Expansion of the WHMT Safe Harbor
The final regulations include safe harbor reporting rules for
WHMTs. Section 1.671-5(g)(1)(ii)(B) provides that, to be eligible to
report under the WHMT safe harbor, all interests in the WHMT must
represent the right to receive an equal pro-rata share of both the
income and the principal payments received by the WHMT on the mortgages
it holds and that, for example, a WHMT that holds or issues trust
interests that qualify as stripped interests under section 1286 may not
report under the safe harbor. Further, a WHMT that holds an interest in
another WHFIT is not eligible to report under the WHMT safe harbor. See
Sec. 1.671-5(b)(11) (limiting the definition of a mortgage to exclude
an interest in another WHFIT) and Sec. 1.671-5(g)(1)(ii)(E)(1)
(providing that only WHMTs that directly hold mortgages may use the
safe harbor). Since the publication of the final regulations, a
commentator has requested that safe harbor reporting rules be developed
for WHMTs that hold or issue stripped interests and for WHMTs that hold
interests in other WHMTs. The IRS and the Treasury Department will
consider this request in connection with further action on this
proposed regulation and request additional comments regarding the need
for additional WHMT safe harbor reporting rules, the nature of the
arrangements for which the additional safe harbors are needed, the safe
harbor reporting suggested and how such reporting is consistent with
substantive law.
Effective Date
The IRS and the Treasury Department expect to take prompt action to
finalize the proposed regulations so that certain of the provisions
that are only included in the proposed regulations can be made
effective as of January 1, 2007 (see Sec. 1.671-5(m)) as though the
provisions were included in TD 9241. The IRS and Treasury Department
invite recommendations regarding the effective date of proposed
paragraphs (c)(3) (requiring trustees to file an information return
with the IRS and requiring WHMT trustees to provide an Internet Web
site listing the WHMTs for which they act) and (c)(5) (providing for
middlemen to refer to a directory created by the IRS), that may require
some lead time for their implementation.
Special Analysis
It has been determined that these proposed regulations are not a
significant regulatory action as defined in Executive Order 12866.
Therefore, a regulatory assessment is not required. It is hereby
certified that these regulations will not have a significant economic
impact on a substantial number of small entities. This certification is
based on the fact that the regulations will not to have a significant
economic impact on small entities because the reporting burdens in
these regulations will fall primarily on large brokerage firms, large
banks, and other large entities acting as trustees or middlemen, most
of which are not small entities within the meaning of the Regulatory
Flexibility Act (5 U.S.C. chapter 6). Thus, a substantial number of
small entities are not expected to be affected. Therefore, a Regulatory
Flexibility Analysis under the Regulatory Flexibility Act (5 U.S.C.
chapter 6) is not required. 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.
Comments and Public Hearing
Before these proposed regulations are adopted as final regulations,
consideration will be given to any written (a signed original and eight
(8) copies) or electronic comments that are submitted timely to the
IRS. The IRS and the Treasury Department request comments on the
clarity of the proposed rules and how they can be made easier to
understand. All comments will be available for public inspection and
copying. A public hearing will be scheduled if requested in writing by
any person that timely submits written 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 Faith Colson, Office
of Associate Chief Counsel (Passthroughs & Special Industries).
However, other personnel from the IRS and the Treasury Department
participated in their development.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and recordkeeping requirements.
[[Page 44001]]
Proposed Amendments to the Regulations
Accordingly, 26 CFR part 1 is amended 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 1.671-5 is amended by:
1. Revising paragraphs (b)(5), (b)(8), and (b)(21).
2. Revising paragraph (c)(2)(iv), (v)(C), (vi), and (vii).
3. Revising paragraph (c)(3).
4. Adding paragraph (c)(5)(iv).
5. Revising paragraphs (f)(1)(i)(A) and (viii)(A).
The revisions and addition read as follows:
Sec. 1.671-5 Reporting for widely held fixed investment trusts.
* * * * *
(b) * * *
(5) [The text of proposed Sec. 1.671-5(b)(5) is the same as the
text of Sec. 1.671-5T(b)(5) published elsewhere in this issue of the
Federal Register].
* * * * *
(8) [The text of proposed Sec. 1.671-5(b)(8) is the same as the
text of Sec. 1.671-5T(b)(8) published elsewhere in this issue of the
Federal Register].
* * * * *
(21) [The text of proposed Sec. 1.671-5(b)(21) is the same as the
text of Sec. 1.671-5T(b)(21) published elsewhere in this issue of the
Federal Register].
* * * * *
(c) * * *
(2) * * *
(iv) [The text of proposed Sec. 1.671-5(c)(2)(iv) is the same as
the text of Sec. 1.671-5T(c)(2)(iv) published elsewhere in this issue
of the Federal Register].
(v) * * *
(C) [The text of proposed Sec. 1.671-5(c)(2)(v)(C) is the same as
the text of Sec. 1.671-5T(c)(2)(v)(C) published elsewhere in this
issue of the Federal Register].
(vi) [The text of proposed Sec. 1.671-5(c)(2)(vi) is the same as
the text of Sec. 1.671-5T(c)(2)(vi) published elsewhere in this issue
of the Federal Register].
(vii) [The text of proposed Sec. 1.671-5(c)(2)(vii) is the same as
the text of Sec. 1.671-5T(c)(2)(vii) published elsewhere in this issue
of the Federal Register].
* * * * *
(3) Requirement that trustees file an information return and that
WHMT trustees list WHMTs on an Internet Web site--(i) Information
return identifying a NMWHFIT to the IRS. For each NMWHFIT for which the
trustee acts, the trustee of a NMWHFIT must file the form specified as
the information return to be used for identifying a NMWHFIT to the IRS.
The form must be filed by the due date provided by that form and must
contain the information required to be provided by the form. If,
following the publication of final regulations in the Federal Register,
the IRS issues additional guidance that prescribes another method to be
used to identify and provide information with respect to a NMWHFIT to
the IRS, this method must be used.
(ii) Information return for trustees of WHMTs and the requirement
that the trustee maintain an Internet Web site listing the CUSIP
numbers and names of the WHMTs for which the trustee acts. The trustee
of a NMWHFIT must file the form specified as the information return to
be used for identifying the trustee to the IRS. The form must be filed
by the due date provided by that form and contain the information
required to be provided by the form. In addition, the trustee must
maintain a list of the WHMTs for which the trustee acts on the
trustee's Internet Web site (or another site designated by the trustee
for this purpose). If, following the publication of final regulations
in the Federal Register, the IRS issues additional guidance that
prescribes another method to be used to identify a trustee as a WHMT
trustee and provide information with respect to the WHMTs for which the
trustee acts, this method must be used.
* * * * *
(5) * * *
(iv) Directory of WHMT trustees and NMWHFITs. The IRS provides a
directory of WHMT trustees and NMWHFITs, and WHMT trustees provide an
Internet Web site at which the trustees list the WHMTs for which they
act, to assist requesting persons in locating a representative of a
WHFIT that will provide the information specified in paragraph (c) of
this section. A requesting person may report consistent with this
section for any arrangement identified in the directory as a NMWHFIT or
on a WHMT trustee's Internet Web site as a WHMT provided that the
requesting person does not have actual knowledge that the arrangement
is not a WHFIT.
(f) * * *
(1) * * *
(i) * * *
(A) [The text of proposed Sec. 1.671-5(f)(1)(i)(A) is the same as
the text of Sec. 1.671-5T(f)(1)(i)(A) published elsewhere in this
issue of the Federal Register].
* * * * *
(viii) Reporting market discount information under the safe
harbor--(A) In general--(1) Trustee is required to provide market
discount information. If the trustee is required to provide information
regarding market discount under paragraph (c)(2)(vii) of this section,
the trustee must provide--
(i) The information required to be provided under paragraph
(f)(1)(iv)(A)(1)(iii) of this section; and
(ii) If the NMWHFIT holds debt instruments with OID and the NMWHFIT
has a start-up date on or after January 24, 2006, the aggregate
adjusted issue price of the debt instruments per trust interest
calculated as of the start-up date and as of January 1 for each
subsequent year of the NMWHFIT.
(2) Trustee is not required to provide market discount information.
If the trustee is not required to provide market discount information
under paragraph (c)(2)(vii) of this section (because the NMWHFIT meets
the de minimis test of paragraph (c)(2)(iv)(D)(1) of this section, the
qualified NMWHFIT exception of paragraph (c)(2)(iv)(E) of this section,
or the NMWHFIT final year exception of paragraph (c)(2)(iv)(F) of this
section), the trustee is not required under this paragraph (f) to
provide any information regarding market discount.
* * * * *
Mark E. Matthews,
Deputy Commissioner for Services and Enforcement.
[FR Doc. 06-6650 Filed 7-28-06; 4:15 pm]
BILLING CODE 4830-01-P
