Requirement of Return and Time for Filing; Correction, 45894-45895 [E7-16075]
Download as PDF
<![CDATA[
45894
Federal Register / Vol. 72, No. 158 / Thursday, August 16, 2007 / Rules and Regulations
such acts as are required of an employer
under those provisions of the Internal
Revenue Code and regulations thereunder
that apply. All provisions of law (including
penalties) and the regulations prescribed in
pursuance of law applicable to employers in
respect of such acts are applicable to LLCA.
Thus, for example, LLCA is liable for income
tax withholding, Federal Insurance
Contributions Act (FICA) taxes, and Federal
Unemployment Tax Act (FUTA) taxes. See
sections 3402 and 3403 (relating to income
tax withholding); 3102(b) and 3111 (relating
to FICA taxes), and 3301 (relating to FUTA
taxes). In addition, LLCA must file under its
name and EIN the applicable Forms in the
94X series, for example, Form 941,
‘‘Employer’s Quarterly Employment Tax
Return,’’ Form 940, ‘‘Employer’s Annual
Federal Unemployment Tax Return;’’ file
with the Social Security Administration and
furnish to LLCA’s employees statements on
Forms W–2, ‘‘Wage and Tax Statement;’’ and
make timely employment tax deposits. See
§§ 31.6011(a)–1, 31.6011(a)–3, 31.6051–1,
31.6051–2, and 31.6302–1 of this chapter.
(iii) A is self-employed for purposes of
subtitle A, chapter 2, Tax on SelfEmployment Income, of the Internal Revenue
Code. Thus, A is subject to tax under section
1401 on A’s net earnings from selfemployment with respect to LLCA’s
activities. A is not an employee of LLCA for
purposes of subtitle C of the Internal Revenue
Code. Because LLCA is treated as a sole
proprietorship of A for income tax purposes,
A is entitled to deduct trade or business
expenses paid or incurred with respect to
activities carried on through LLCA, including
the employer’s share of employment taxes
imposed under sections 3111 and 3301, on
A’s Form 1040, Schedule C, ‘‘Profit or Loss
for Business (Sole Proprietorship).’’
mstockstill on PROD1PC66 with RULES
(v) Special rule for certain excise tax
purposes—(A) In general. Paragraph
(c)(2)(i) of this section (relating to
certain wholly owned entities) does not
apply for purposes of—
(1) Federal tax liabilities imposed by
Chapters 31, 32 (other than section
4181), 33, 34, 35, 36 (other than section
4461), and 38 of the Internal Revenue
Code, or any floor stocks tax imposed on
articles subject to any of these taxes;
(2) Collection of tax imposed by
Chapter 33 of the Internal Revenue
Code;
(3) Registration under sections 4101,
4222, and 4412; and
(4) Claims of a credit (other than a
credit under section 34), refund, or
payment related to a tax described in
paragraph (c)(2)(v)(A)(1) of this section
or under section 6426 or 6427.
(B) Example. The following example
illustrates the provisions of this
paragraph (c)(2)(v):
(ii) LLCB mines coal from a coal mine
located in the United States. Section 4121 of
chapter 32 of the Internal Revenue Code
imposes a tax on the producer’s sale of such
coal. Section 48.4121–1(a) of this chapter
defines a ‘‘producer’’ generally as the person
in whom is vested ownership of the coal
under state law immediately after the coal is
severed from the ground. LLCB is the person
that owns the coal under state law
immediately after it is severed from the
ground. Under paragraph (c)(2)(v)(A)(1) of
this section, LLCB is the producer of the coal
and is liable for tax on its sale of such coal
under chapter 32 of the Internal Revenue
Code. LLCB must report and pay tax on Form
720, ‘‘Quarterly Federal Excise Tax Return,’’
under its own name and taxpayer
identification number.
(iii) LLCB uses undyed diesel fuel in an
earthmover that is not registered or required
to be registered for highway use. Such use is
an off-highway business use of the fuel.
Under section 6427(l), the ultimate purchaser
is allowed to claim an income tax credit or
payment related to the tax imposed on diesel
fuel used in an off-highway business use.
Under paragraph (c)(2)(v) of this section, for
purposes of the credit or payment allowed
under section 6427(l), LLCB is the person
that could claim the amount on its Form 720
or on a Form 8849, ‘‘Claim for Refund of
Excise Taxes.’’ Alternatively, if LLCB did not
claim a payment during the time prescribed
in section 6427(i)(2) for making a claim
under section 6427, § 1.34–1 of this chapter
provides that B, the owner of LLCB, could
claim the income tax credit allowed under
section 34 for the nontaxable use of diesel
fuel by LLCB.
*
*
*
*
*
(e) * * *
(5) Paragraph (c)(2)(iv) of this section
applies with respect to wages paid on or
after January 1, 2009.
(6) Paragraph (c)(2)(v) of this section
applies to liabilities imposed and
actions first required or permitted in
periods beginning on or after January 1,
2008.
Kevin M. Brown,
Deputy Commissioner for Services and
Enforcement.
Approved: July 25, 2007.
Eric Solomon,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. E7–16078 Filed 8–15–07; 8:45 am]
BILLING CODE 4830–01–P
16:47 Aug 15, 2007
Jkt 211001
PO 00000
Internal Revenue Service
26 CFR Parts 53 and 54
[TD 9334]
RIN 1545–BG20
Requirement of Return and Time for
Filing; Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correcting amendments.
AGENCY:
SUMMARY: This document contains
corrections to final and temporary
regulations (TD 9334) that were
published in the Federal Register on
Friday, July 6, 2007 (72 FR 36871)
providing guidance relating to the
requirement of a return to accompany
payment of excise taxes under section
4965 of the Internal Revenue Code and
the time for filing that return.
DATES: The corrections are effective
August 16, 2007.
FOR FURTHER INFORMATION CONTACT:
Galina Kolomietz, (202) 622–6070,
Michael Blumenfeld, (202) 622–1124, or
Dana Barry, (202) 622–6060 (not tollfree numbers).
SUPPLEMENTARY INFORMATION:
Background
The final and temporary regulations
that are the subject of this correction are
under section 4965 of the Internal
Revenue Code.
Need for Correction
As published, final and temporary
regulations (TD 9334) contain errors that
may prove to be misleading and are in
need of clarification.
List of Subjects
26 CFR Part 53
Excise taxes, Foundations,
Investments, Lobbying, Reporting and
recordkeeping requirements.
26 CFR Part 54
Excise Taxes, Pensions, Reporting and
recordkeeping requirements.
Correction of Publication
Accordingly, 26 CFR parts 53 and 54
are corrected by making the following
correcting amendments:
I
PART 53—FOUNDATION AND SIMILAR
EXCISE TAXES
Example. (i) LLCB is an eligible entity that
has a single owner, B. LLCB is generally
disregarded as an entity separate from its
owner. However, under paragraph (c)(2)(v) of
this section, LLCB is treated as an entity
separate from its owner for certain purposes
relating to excise taxes.
VerDate Aug<31>2005
DEPARTMENT OF THE TREASURY
Paragraph 1. The authority citation
for part 53 continues to read, in part, as
follows:
I
Authority: 26 U.S.C. 7805 * * *
Frm 00016
Fmt 4700
Sfmt 4700
E:\FR\FM\16AUR1.SGM
16AUR1
Federal Register / Vol. 72, No. 158 / Thursday, August 16, 2007 / Rules and Regulations
I Par. 2. Section 53.6071–1T is
amended by revising paragraph (h)(2) to
read as follows:
§ 53.6071–1T
(temporary).
Time for filing returns
*
*
*
*
*
(h) * * *
(2) Expiration date. Paragraph (g) of
this section will expire on July 6, 2010.
PART 54—PENSION EXCISE TAXES
Par. 3. The authority citation for part
54 continues to read, in part, as follows:
I
Authority: 26 U.S.C. 7805 * * *
I Par. 4. Section 54.6011–1T is
amended by revising paragraph (d)(2) to
read as follows:
§ 54.6011–1T General requirement of
return, statement or list (temporary).
*
*
*
*
*
(d) * * *
(2) Expiration date. Paragraph (c) of
this section will expire on July 6, 2010.
LaNita Van Dyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
[FR Doc. E7–16075 Filed 8–15–07; 8:45 am]
BILLING CODE 4830–01–P
OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE
32 CFR Chapter XVII
Freedom of Information Act Regulation
Office of the Director of
National Intelligence.
ACTION: Final rule.
mstockstill on PROD1PC66 with RULES
AGENCY:
SUMMARY: This final regulation provides
the Office of the Director of National
Intelligence’s rules implementing the
Freedom of Information Act (FOIA), 5
U.S.C. 552. The regulation addresses all
aspects of FOIA processing, including
how and where to submit FOIA
requests, fees for record services,
procedures for handling business
information, requests for expedited
processing, and the right to appeal
denials of information.
EFFECTIVE DATE: August 16, 2007.
FOR FURTHER INFORMATION CONTACT: Mr.
John F. Hackett, (703) 482–1707.
SUPPLEMENTARY INFORMATION: The Office
of the Director of National Intelligence
(ODNI) was created by the Intelligence
Reform and Terrorism Prevention Act of
2004, Pub. L. 108–458, 118 Stat. 3638.
The ODNI began operations on April 22,
2005, the day after the first Director of
National Intelligence took office.
VerDate Aug<31>2005
16:47 Aug 15, 2007
Jkt 211001
Because the majority of documents held
by the ODNI at its inception were
previously maintained by the Central
Intelligence Agency (CIA) and the ODNI
did not have a FOIA staff upon standup, the CIA agreed to handle the
administrative aspects of the ODNI’s
FOIA processing. Through this
arrangement, the ODNI makes all legal
decisions regarding the handling of
FOIA requests for ODNI records and the
CIA assists with the administrative tasks
associated with processing FOIA
requests, including the intake and
tracking of requests, as well as drafting
correspondence to requesters. We are
currently working toward having our
own FOIA office handle all aspects of
ODNI’s FOIA processing.
On June 4, 2007, the ODNI submitted
a proposed regulation implementing the
FOIA for public comment. The ODNI
received two submissions with
comments on the proposed regulation.
The ODNI has reviewed and carefully
considered all of the comments that
were submitted and has made the
following changes to the regulation:
(1) The definitions of educational
institution and noncommercial
scientific institution have been changed
and are in accordance with the
definition in the Office of Management
and Budget’s guidelines, 52 Fed. Reg.
10,012 (Mar. 27, 1987).
(2) We have changed the fee portion
of the regulation so that a FOIA request
will be considered a commitment to pay
up to $25.00 unless the requester asks
for a waiver of fees.
(3) The term ‘‘reasonably described
record’’ has been removed from the
definitional section of the regulation. A
more detailed explanation of the type of
information the ODNI needs in order to
locate records responsive to a particular
request has been added in a separate
section.
(4) We have decided to accept FOIA
requests electronically and have added
the email address to the regulation.
Although the FOIA does not require
this, it is a growing trend within the
federal government and we believe it
will provide better customer service to
our FOIA requesters.
(5) The expedited processing section
and other sections have been clarified.
(6) Certain superfluous words in the
definitional section and a paragraph
regarding allocation of resources have
been removed.
List of Subjects in 32 CFR Part 1700
Freedom of information.
I Therefore, as discussed in the
preamble, and under the authority of the
Intelligence Reform and Terrorism
Prevention Act of 2004, Pub. L. 108–
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
45895
458, 118 Stat. 3638, the Office of the
Director of National Intelligence
establishes 32 CFR Chapter XVII and
adds part 1700 to read as follows:
Chapter XVII—Office of the Director of
National Intelligence
PART 1700—PROCEDURES FOR
DISCLOSURE OF RECORDS
PURSUANT TO THE FREEDOM OF
INFORMATION ACT
Sec.
1700.1 Authority and purpose.
1700.2 Definitions.
1700.3 Contact for general information and
requests.
1700.4 Preliminary information.
1700.5 Requirements as to form and
content.
1700.6 Fees for records services.
1700.7 Processing of requests for records.
1700.8 Action on the request.
1700.9 Payment of fees, notification of
decision, and right of appeal.
1700.10 Procedures for business
information.
1700.11 Procedures for information
concerning other persons.
1700.12 Requests for expedited processing.
1700.13 Right to appeal and appeal
procedures.
1700.14 Action by appeals authority.
Authority: 5 U.S.C. 552, 50 U.S.C. 401–
442; Pub. L. 108–458, 118 Stat. 3638.
§ 1700.1
Authority and purpose.
(a) Authority. This Part is issued
under the authority of and in order to
implement the Freedom of Information
Act, as amended, 5 U.S.C. 552; the
National Security Act of 1947, as
amended, 50 U.S.C. 401–442; and the
Intelligence Reform and Terrorism
Prevention Act of 2004, Pub. L. 108–
458, 118 Stat. 3638.
(b) Purpose in general. This Part
prescribes procedures for:
(1) ODNI administration of the FOIA;
(2) Requesting records pursuant to the
FOIA; and
(3) Filing an administrative appeal of
an initial adverse decision under the
FOIA.
§ 1700.2
Definitions.
For purposes of this Part, the
following terms have the meanings
indicated:
(a) Days means calendar days when
ODNI is operating and specifically
excludes Saturdays, Sundays, and legal
public holidays;
(b) Direct costs means those
expenditures which ODNI actually
incurs in the processing of a FOIA
request; it does not include overhead
factors such as space;
(c) Pages means paper copies of
standard office size or the dollar value
equivalent in other media;
E:\FR\FM\16AUR1.SGM
16AUR1
]]>Agencies
[Federal Register Volume 72, Number 158 (Thursday, August 16, 2007)]
[Rules and Regulations]
[Pages 45894-45895]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16075]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 53 and 54
[TD 9334]
RIN 1545-BG20
Requirement of Return and Time for Filing; Correction
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Correcting amendments.
-----------------------------------------------------------------------
SUMMARY: This document contains corrections to final and temporary
regulations (TD 9334) that were published in the Federal Register on
Friday, July 6, 2007 (72 FR 36871) providing guidance relating to the
requirement of a return to accompany payment of excise taxes under
section 4965 of the Internal Revenue Code and the time for filing that
return.
DATES: The corrections are effective August 16, 2007.
FOR FURTHER INFORMATION CONTACT: Galina Kolomietz, (202) 622-6070,
Michael Blumenfeld, (202) 622-1124, or Dana Barry, (202) 622-6060 (not
toll-free numbers).
SUPPLEMENTARY INFORMATION:
Background
The final and temporary regulations that are the subject of this
correction are under section 4965 of the Internal Revenue Code.
Need for Correction
As published, final and temporary regulations (TD 9334) contain
errors that may prove to be misleading and are in need of
clarification.
List of Subjects
26 CFR Part 53
Excise taxes, Foundations, Investments, Lobbying, Reporting and
recordkeeping requirements.
26 CFR Part 54
Excise Taxes, Pensions, Reporting and recordkeeping requirements.
Correction of Publication
0
Accordingly, 26 CFR parts 53 and 54 are corrected by making the
following correcting amendments:
PART 53--FOUNDATION AND SIMILAR EXCISE TAXES
0
Paragraph 1. The authority citation for part 53 continues to read, in
part, as follows:
Authority: 26 U.S.C. 7805 * * *
[[Page 45895]]
0
Par. 2. Section 53.6071-1T is amended by revising paragraph (h)(2) to
read as follows:
Sec. 53.6071-1T Time for filing returns (temporary).
* * * * *
(h) * * *
(2) Expiration date. Paragraph (g) of this section will expire on
July 6, 2010.
PART 54--PENSION EXCISE TAXES
0
Par. 3. The authority citation for part 54 continues to read, in part,
as follows:
Authority: 26 U.S.C. 7805 * * *
0
Par. 4. Section 54.6011-1T is amended by revising paragraph (d)(2) to
read as follows:
Sec. 54.6011-1T General requirement of return, statement or list
(temporary).
* * * * *
(d) * * *
(2) Expiration date. Paragraph (c) of this section will expire on
July 6, 2010.
LaNita Van Dyke,
Chief, Publications and Regulations Branch, Legal Processing Division,
Associate Chief Counsel (Procedure and Administration).
[FR Doc. E7-16075 Filed 8-15-07; 8:45 am]
BILLING CODE 4830-01-P
