Highway Use Tax; Filing and Payment for Taxable Period Beginning July 1, 2011, 43121-43123 [2011-18244]

Download as PDF Federal Register / Vol. 76, No. 139 / Wednesday, July 20, 2011 / Rules and Regulations Domestic Product. FDA does not expect this final rule to result in any 1-year expenditure that would meet or exceed this amount. IV. Federalism FDA has analyzed this final rule in accordance with the principles set forth in Executive Order 13132. Section 4(a) of the Executive order requires Agencies to ‘‘construe * * * a Federal statute to preempt State law only where the statute contains an express preemption provision or there is some other clear evidence that the Congress intended preemption of State law, or where the exercise of State authority conflicts with the exercise of Federal authority under the Federal statute.’’ Federal law includes an express preemption provision that preempts certain state requirements ‘‘different from or in addition to’’ certain federal requirements applicable to devices. 21 U.S.C. 360k; See Medtronic Inc., v. Lohr, 518 U.S. 470 (1996); and Riegel v. Medtronic, Inc., 552 U.S. 312 (2008). The special controls established by this final rule create ‘‘requirements’’ for specific medical devices under 21 U.S.C. 360k, even though product sponsors have some flexibility in how they meet those requirements. Cf. Papike v. Tambrands, Inc., 107 F.3d 737, 740–742 (9th Cir. 1991). jlentini on DSK4TPTVN1PROD with RULES V. Paperwork Reduction Act of 1995 FDA concludes that this final rule contains no new collections of information. Therefore, clearance by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501– 3520) is not required. This final rule establishes as special controls a guidance document that refers to previously approved collections of information found in other FDA regulations. These collections of information are subject to review by OMB under the PRA. VI. References The following reference has been placed on display in the Division of Dockets Management (HFA–305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852, and may be seen by interested persons between 9 a.m. and 4 p.m., Monday through Friday. 1. Petition from Ulthera, Inc., April 11, 2008. List of Subjects in 21 CFR Part 878 Medical devices. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner VerDate Mar<15>2010 16:14 Jul 19, 2011 Jkt 223001 of Food and Drugs, 21 CFR part 878 is amended as follows: PART 878—GENERAL AND PLASTIC SURGERY DEVICES 1. The authority citation for 21 CFR part 878 continues to read as follows: ■ Authority: 21 U.S.C. 351, 360, 360c, 360e, 360j, 360l, 371. 2. Section 878.4590 is added to subpart E to read as follows: ■ § 878.4590 Focused ultrasound stimulator system for aesthetic use. (a) Identification. A Focused Ultrasound Stimulator System for Aesthetic Use is a device using focused ultrasound to produce localized, mechanical motion within tissues and cells for the purpose of producing either localized heating for tissue coagulation or for mechanical cellular membrane disruption intended for noninvasive aesthetic use. (b) Classification. Class II (special controls). The special control for this device is FDA’s ‘‘Class II Special Controls Guidance Document: Focused Ultrasound Stimulator System for Aesthetic Use.’’ See § 878.1(e) for the availability of this guidance document. Dated: July 15, 2011. Nancy K. Stade, Deputy Director for Policy, Center for Devices and Radiological Health. [FR Doc. 2011–18278 Filed 7–19–11; 8:45 am] BILLING CODE 4160–01–P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 41 [TD 9537] RIN 1545–BK36 Highway Use Tax; Filing and Payment for Taxable Period Beginning July 1, 2011 Internal Revenue Service (IRS), Treasury. ACTION: Final and temporary regulations. AGENCY: This document contains final and temporary regulations that provide guidance on the filing of Form 2290 (‘‘Heavy Highway Vehicle Use Tax Return’’) and payment of the associated highway use tax for the taxable period beginning July 1, 2011. The regulations affect owners and operators of highway motor vehicles with a taxable gross weight of 55,000 pounds or more. The text of the temporary regulations also SUMMARY: PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 43121 serves as the text of the proposed regulations on this subject in the Proposed Rules section in this issue of the Federal Register. DATES: Effective Date: These regulations are effective on July 20, 2011. Applicability Date: For dates of applicability, see §§ 41.6001–2T(d), 41.6071(a)–1T(c)(3), and 41.6151(a)– 1T(b). FOR FURTHER INFORMATION CONTACT: Natalie Payne, (202) 622–3130 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background This document amends the Highway Use Tax Regulations (26 CFR Part 41) under section 4481 of the Internal Revenue Code (Code). Section 4481 imposes a tax on the use in any taxable period of a highway motor vehicle with a taxable gross weight of 55,000 pounds or more. The person in whose name the vehicle is registered at the time of the first use must pay the tax. The rate of tax is based on the weight of the vehicle with a maximum of $550 per vehicle per taxable period (the standard amount). Generally, a ‘‘taxable period’’ is the year that begins on July 1 and ends on the following June 30. For the taxable period beginning on July 1, 2011, however, section 4482(c)(4) of present law provides that the taxable period ends at the close of September 30, 2011. For this three month period, the tax rate is a reduced amount that is 25 percent of the tax rate for a 12-month period. Section 41.6011(a)–1(a)(1) requires each person that is liable for the tax imposed by section 4481 to file a return for each taxable period and § 41.6011(a)–1(b) provides that the return is Form 2290, ‘‘Heavy Highway Vehicle Use Tax Return.’’ The due date for filing Form 2290 is not prescribed by statute and section 6071 provides that when the Code does not set the time for filing a return, the Secretary is to prescribe such time by regulations. Under § 41.6071(a)–1(a), Form 2290 generally must be filed by the last day of the month following the month in which a person becomes liable for tax. For most taxpayers, their first use of a vehicle in a taxable period occurs in July and thus their return is due by August 31. Section 41.6001–2(b) provides, generally, that a State that receives an application to register a highway motor vehicle must receive from the applicant ‘‘proof of payment’’ of the tax imposed by section 4481(a). Section 41.6001–2(c) specifies that this proof of payment generally consists of a receipted E:\FR\FM\20JYR1.SGM 20JYR1 43122 Federal Register / Vol. 76, No. 139 / Wednesday, July 20, 2011 / Rules and Regulations jlentini on DSK4TPTVN1PROD with RULES Schedule 1 (Form 2290) that is returned by the IRS to a taxpayer that files Form 2290 and pays the amount of tax due with the return. The taxpayer generally must present proof of payment for the taxable period that includes the date on which the application for registration is filed, but in the case of an application filed in July, August, or September proof of payment for the preceding taxable period may be used. The tax imposed under section 4481 will expire on September 30, 2011, unless Congress changes the law. Under existing regulations, the person liable for the highway use tax must file a Form 2290 by the last day of the month following the month in which the person becomes liable for the tax. Therefore, under current statutory and regulatory provisions, the person liable for the tax will be required to file a Form 2290 for taxable use during the period of July 1, 2011, through September 30, 2011 (the ‘‘2011 short taxable period’’). Further, if Congress extends the tax past September 30, 2011, a person who filed Form 2290 for the 2011 short taxable period would have to file a second Form 2290 covering the period after September 30, 2011, through the earlier of the expiration date of the extension or June 30, 2012. Explanation of Provisions For purposes of efficient tax administration and alleviating taxpayers’ potential administrative burden, the temporary regulations postpone the due date of Form 2290 for the 2011 short taxable period until November 30, 2011. If Congress does not extend the tax past September 30, 2011, taxpayers will file one Form 2290 and will pay the reduced amount for the 2011 short taxable period by November 30; if Congress does extend the tax past September 30, 2011, and substitutes a longer taxable period for the 2011 short taxable period, taxpayers who become liable for the highway use tax after June 30, 2011, and before November 1, 2011, also will file a Form 2290 for the period July 1, 2011—June 30, 2012 (or the end of the new taxable period, if earlier), by November 30, 2011. In either case, most taxpayers will have to file only one return for the taxable period beginning July 1, 2011. But for the change made by the temporary regulations, most taxpayers would have to file two returns if Congress extends the tax past September 30. Further, the temporary regulations state that taxpayers should file a Form 2290 no earlier than November 1, 2011, for taxable use during the 2011 short taxable period. The IRS will not provide VerDate Mar<15>2010 16:14 Jul 19, 2011 Jkt 223001 a receipted Schedule 1 for a return and associated payment for the taxable period beginning July 1, 2011, before November 1, 2011. Because taxpayers will not be able to receive a receipted Schedule 1 for filing a Form 2290 and paying the tax for the taxable period beginning July 1, 2011, until November 1, 2011, the temporary regulations provide that the receipted Schedule 1 for the taxable period ending June 30, 2010, must be accepted by a State as a substitute proof of payment for registration applications filed during the period of July 1, 2011, through November 30, 2011. Section 41.6001–2(b)(1) provides that a State may register a highway motor vehicle without proof of payment if the person registering the vehicle presents the original or a photocopy of a bill of sale (or other document evidencing transfer) indicating that the vehicle was purchased by the owner either as a new or used vehicle during the preceding 60 days before the date that the State receives the application for registration of such vehicle. Because taxpayers will not be able to obtain proof of payment during the period between July 1, 2011, and November 1, 2011, the temporary regulations provide that between July 1, 2011, and November 30, 2011, a State must register a highway motor vehicle without proof of payment if the person registering the vehicle presents the original or a photocopy of a bill of sale (or other document evidencing the sale) that demonstrates that the owner purchased the vehicle, either as a new or used vehicle, within 150 days of the date that the State receives the application for registration, and the vehicle has not been registered in any State since the purchase date. Special Analyses It has been determined that this Treasury decision is not a significant regulatory action as defined in Executive Order 12866, as supplemented by Executive Order 13563. 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 this regulation. For applicability of the Regulatory Flexibility Act (5 U.S.C. chapter 6), please refer to the Special Analysis section in the preamble to the cross-referenced notice of proposed rulemaking in the Proposed Rules section in this issue of the Federal Register. Pursuant to section 7805(f) of the Code, this final and temporary regulation was submitted to the Chief Counsel for Advocacy of the Small PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 Business Administration for comment on their impact on small business. Drafting Information The principal author of these regulations is Natalie Payne, Office of the Associate Chief Counsel (Passthroughs and Special Industries). However, other personnel from the IRS and the Treasury Department participated in their development. List of Subjects in 26 CFR Part 41 Excise taxes, Motor vehicles, Reporting and recordkeeping requirements. Adoption of Amendments to the Regulations Accordingly, 26 CFR part 41 is amended as follows: PART 41—EXCISE TAX ON USE OF CERTAIN HIGHWAY MOTOR VEHICLES Paragraph 1. The authority citation for part 41 is amended to read in part as follows: ■ Authority: 26 U.S.C. 7805. * * * Section 41.6001–2T also issued under 26 U.S.C. 6001. * * * Section 41.6071(a)–1T also issued under 26 U.S.C. 6071(a). * * * Section 41.6151(a)–1T also issued under 26 U.S.C. 6151(a). * * * Par. 2. Section 41.6001–2 is amended by: ■ 1. Redesignating paragraph (b)(1) as paragraph (b)(1)(i) and adding a paragraph heading to newly designated paragraph (b)(1)(i). ■ 2. Adding paragraph (b)(1)(ii). ■ 3. Redesignating paragraph (b)(4) as paragraph (b)(4)(i) and adding a paragraph heading to newly designated paragraph (b)(4)(i). ■ 4. Adding paragraph (b)(4)(ii). ■ 5. Redesignating paragraph (c)(2) as paragraph (c)(2)(i), adding a paragraph heading to newly designated paragraph (c)(2)(i) and adding paragraph (c)(2)(ii). The additions read as follows: ■ § 41.6001–2 Proof of payment for State registration purposes. * * * * * (b) * * * (1) * * * (i) Registration generally. * * * (ii) [Reserved]. For further guidance, see § 41.6001–2T(b)(1)(ii). * * * * * (4) * * * (i) General rule. * * * (ii) [Reserved]. For further guidance, see § 41.6001–2T(b)(4)(ii). * * * * * (c) * * * E:\FR\FM\20JYR1.SGM 20JYR1 Federal Register / Vol. 76, No. 139 / Wednesday, July 20, 2011 / Rules and Regulations (2) * * * (i) General rule. * * * (ii) [Reserved]. For further guidance, see § 41.6001–2T(c)(2)(ii). * * * * * ■ Par. 3. Section 41.6001–2T is added to read as follows: jlentini on DSK4TPTVN1PROD with RULES § 41.6001–2T Proof of payment for State registration purposes (temporary). (a) [Reserved]. For further guidance, see § 41.6001–2(a) . (b)(1)(i) [Reserved]. For further guidance, see § 41.6001–2(b)(1)(i). (ii) Special rule for registration after June 30, 2011, and before December 1, 2011. Between July 1, 2011, and November 30, 2011, a State must register a highway motor vehicle without proof of payment if the person registering the vehicle presents the original or a photocopy of a bill of sale (or other document evidencing transfer) indicating that the vehicle was purchased by the owner either as a new or used vehicle during the preceding 150 days before the date that the State receives the application for registration of the vehicle, and the vehicle has not been registered in any state subsequent to such date of purchase. (b)(2) through (b)(4)(i) [Reserved]. For further guidance, see § 41.6001–2(b)(2) through (b)(4)(i). (ii) Special rule for registration after June 30, 2011, and before December 1, 2011. In the case of a highway motor vehicle subject to tax under section 4481(a) for which a State receives an application for registration during the months of July, August, September, October, or November of 2011, a State shall accept proof of payment for the taxable period of July 1, 2010, through June 30, 2011, to verify payment of the tax imposed by section 4481(a). (c) introductory text through (c)(2)(i) [Reserved]. For further guidance, see § 41.6001–2(c) through (c)(2)(i). (ii) Substitute proof of payment for the taxable period beginning July 1, 2011. For purposes of this section and § 41.6001–2, in the case of a highway motor vehicle for which a State receives an application for registration during the period of July 1, 2011, through November 30, 2011, a State shall accept as a substitute for proof of payment, proof of payment for the taxable period of July 1, 2010, through June 30, 2011. (iii) Cross reference. For provisions relating to the use of proof of payment for the taxable period of July 1, 2010, through June 30, 2011, to verify payment of the tax imposed by section 4481(a), see § 41.6001–2T(b)(4)(ii). (d) Effective/applicability date. Paragraphs (b)(1)(ii), (b)(4)(ii), (c)(2)(ii) VerDate Mar<15>2010 16:14 Jul 19, 2011 Jkt 223001 and (c)(2)(iii) of this section apply on and after July 20, 2011. (e) Expiration date. The applicability of this section expires on or before July 15, 2014. ■ Par. 4. Section 41.6071(a)–1 is amended as follows: ■ 1. In paragraph (a) introductory text, the phrase ‘‘Except as provided in paragraph (b) of this section’’ is removed and ‘‘Except as provided in paragraph (b) or paragraph (c) of this section’’ is added in its place. ■ 2. Add paragraph (c). The addition reads as follows: § 41.6071(a)–1 Time for filing returns. * * * * * (c) [Reserved]. For further guidance, see § 41.6071(a)–1T(c) through (c)(3). ■ Par. 5. Section 41.6071(a)–1T is added to read as follows: § 41.6071(a)–1T (temporary). Time for filing returns Time and place for paying [Reserved]. For further guidance, see § 41.6071(a)–1T(a) and (b). PO 00000 Frm 00013 Par. 7. Section 41.6151(a)–1T is added to read as follows: ■ § 41.6151(a)–1T Time and place for paying tax (temporary). (a) In general. The tax must be paid at the time prescribed in § 41.6071(a)–1 (or § 41.6071(a)–1T, as appropriate) for filing the return and at the place prescribed in § 41.6091–1 for filing the return. (b) Effective/applicability date. This section applies on and after July 20, 2011. (c) Expiration date. The applicability of this section expires on or before July 15, 2014. Steven T. Miller, Deputy Commissioner for Services and Enforcement. Approved: July 13, 2011. Emily S. McMahon, Acting Assistant Secretary of the Treasury (Tax Policy). [FR Doc. 2011–18244 Filed 7–15–11; 4:15 pm] (a) through (b) [Reserved]. For further guidance, see § 41.6071(a)–1(a) through (b). (c) Special rule for highway motor vehicles for which a taxable use occurs during the period July 1, 2011, through September 30, 2011—(1) Date for filing returns. In the case of a highway motor vehicle for which a taxable use occurs during the period July 1, 2011, through September 30, 2011, the person liable for the tax must file a return described in § 41.6011(a)–1 no later than November 30, 2011. The return should be filed no earlier than November 1, 2011. If the return is filed and payment is submitted before November 1, 2011, the IRS will not provide a receipted Schedule 1 (Form 2290, ‘‘Heavy Highway Vehicle Use Tax Return’’) as proof of payment until after November 1, 2011, and will provide such receipted Schedule 1 only if the full amount of the tax for the 2011 taxable period (determined under the law in effect as of November 1, 2011) has been paid. (2) Cross reference. For provisions relating to time and place for paying the tax imposed under section 4481, see § 41.6151(a)–1. (3) Effective/applicability date. This paragraph (c) applies on and after July 20, 2011. (4) Expiration date. The applicability of this section expires on or before July 15, 2014. ■ Par. 6. Section 41.6151(a)–1 is revised to read as follows: § 41.6151(a)–1 tax. 43123 Fmt 4700 Sfmt 4700 BILLING CODE 4830–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2011–0597] Drawbridge Operation Regulations; Cheesequake Creek, Morgan, NJ Coast Guard, DHS. Notice of temporary deviation from regulations. AGENCY: ACTION: The Commander, First Coast Guard District, has issued a temporary deviation from the regulation governing the operation of the Route 35 Bridge, mile 0.0, across Cheesequake Creek at Morgan, New Jersey. The deviation is necessary to facilitate a public event. This deviation allows the bridge to remain in the closed position for an hour and a half to facilitate a public event. DATES: This deviation is effective between 11:30 a.m. and 1 p.m. on September 18, 2011. ADDRESSES: Documents mentioned in this preamble as being available in the docket are part of docket USCG–2011– 0597 and are available online at http: //www.regulations.gov, inserting USCG– 2011–0597 in the ‘‘Keyword’’ and then clicking ‘‘Search’’. They are also available for inspection or copying at the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room SUMMARY: E:\FR\FM\20JYR1.SGM 20JYR1

Agencies

[Federal Register Volume 76, Number 139 (Wednesday, July 20, 2011)]
[Rules and Regulations]
[Pages 43121-43123]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18244]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 41

[TD 9537]
RIN 1545-BK36


Highway Use Tax; Filing and Payment for Taxable Period Beginning 
July 1, 2011

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Final and temporary regulations.

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

SUMMARY: This document contains final and temporary regulations that 
provide guidance on the filing of Form 2290 (``Heavy Highway Vehicle 
Use Tax Return'') and payment of the associated highway use tax for the 
taxable period beginning July 1, 2011. The regulations affect owners 
and operators of highway motor vehicles with a taxable gross weight of 
55,000 pounds or more. The text of the temporary regulations also 
serves as the text of the proposed regulations on this subject in the 
Proposed Rules section in this issue of the Federal Register.

DATES: Effective Date: These regulations are effective on July 20, 
2011.
    Applicability Date: For dates of applicability, see Sec. Sec.  
41.6001-2T(d), 41.6071(a)-1T(c)(3), and 41.6151(a)-1T(b).

FOR FURTHER INFORMATION CONTACT: Natalie Payne, (202) 622-3130 (not a 
toll-free number).

SUPPLEMENTARY INFORMATION:

Background

    This document amends the Highway Use Tax Regulations (26 CFR Part 
41) under section 4481 of the Internal Revenue Code (Code).
    Section 4481 imposes a tax on the use in any taxable period of a 
highway motor vehicle with a taxable gross weight of 55,000 pounds or 
more. The person in whose name the vehicle is registered at the time of 
the first use must pay the tax. The rate of tax is based on the weight 
of the vehicle with a maximum of $550 per vehicle per taxable period 
(the standard amount).
    Generally, a ``taxable period'' is the year that begins on July 1 
and ends on the following June 30. For the taxable period beginning on 
July 1, 2011, however, section 4482(c)(4) of present law provides that 
the taxable period ends at the close of September 30, 2011. For this 
three month period, the tax rate is a reduced amount that is 25 percent 
of the tax rate for a 12-month period.
    Section 41.6011(a)-1(a)(1) requires each person that is liable for 
the tax imposed by section 4481 to file a return for each taxable 
period and Sec.  41.6011(a)-1(b) provides that the return is Form 2290, 
``Heavy Highway Vehicle Use Tax Return.''
    The due date for filing Form 2290 is not prescribed by statute and 
section 6071 provides that when the Code does not set the time for 
filing a return, the Secretary is to prescribe such time by 
regulations. Under Sec.  41.6071(a)-1(a), Form 2290 generally must be 
filed by the last day of the month following the month in which a 
person becomes liable for tax. For most taxpayers, their first use of a 
vehicle in a taxable period occurs in July and thus their return is due 
by August 31.
    Section 41.6001-2(b) provides, generally, that a State that 
receives an application to register a highway motor vehicle must 
receive from the applicant ``proof of payment'' of the tax imposed by 
section 4481(a). Section 41.6001-2(c) specifies that this proof of 
payment generally consists of a receipted

[[Page 43122]]

Schedule 1 (Form 2290) that is returned by the IRS to a taxpayer that 
files Form 2290 and pays the amount of tax due with the return. The 
taxpayer generally must present proof of payment for the taxable period 
that includes the date on which the application for registration is 
filed, but in the case of an application filed in July, August, or 
September proof of payment for the preceding taxable period may be 
used.
    The tax imposed under section 4481 will expire on September 30, 
2011, unless Congress changes the law. Under existing regulations, the 
person liable for the highway use tax must file a Form 2290 by the last 
day of the month following the month in which the person becomes liable 
for the tax. Therefore, under current statutory and regulatory 
provisions, the person liable for the tax will be required to file a 
Form 2290 for taxable use during the period of July 1, 2011, through 
September 30, 2011 (the ``2011 short taxable period''). Further, if 
Congress extends the tax past September 30, 2011, a person who filed 
Form 2290 for the 2011 short taxable period would have to file a second 
Form 2290 covering the period after September 30, 2011, through the 
earlier of the expiration date of the extension or June 30, 2012.

Explanation of Provisions

    For purposes of efficient tax administration and alleviating 
taxpayers' potential administrative burden, the temporary regulations 
postpone the due date of Form 2290 for the 2011 short taxable period 
until November 30, 2011. If Congress does not extend the tax past 
September 30, 2011, taxpayers will file one Form 2290 and will pay the 
reduced amount for the 2011 short taxable period by November 30; if 
Congress does extend the tax past September 30, 2011, and substitutes a 
longer taxable period for the 2011 short taxable period, taxpayers who 
become liable for the highway use tax after June 30, 2011, and before 
November 1, 2011, also will file a Form 2290 for the period July 1, 
2011--June 30, 2012 (or the end of the new taxable period, if earlier), 
by November 30, 2011. In either case, most taxpayers will have to file 
only one return for the taxable period beginning July 1, 2011. But for 
the change made by the temporary regulations, most taxpayers would have 
to file two returns if Congress extends the tax past September 30.
    Further, the temporary regulations state that taxpayers should file 
a Form 2290 no earlier than November 1, 2011, for taxable use during 
the 2011 short taxable period. The IRS will not provide a receipted 
Schedule 1 for a return and associated payment for the taxable period 
beginning July 1, 2011, before November 1, 2011. Because taxpayers will 
not be able to receive a receipted Schedule 1 for filing a Form 2290 
and paying the tax for the taxable period beginning July 1, 2011, until 
November 1, 2011, the temporary regulations provide that the receipted 
Schedule 1 for the taxable period ending June 30, 2010, must be 
accepted by a State as a substitute proof of payment for registration 
applications filed during the period of July 1, 2011, through November 
30, 2011.
    Section 41.6001-2(b)(1) provides that a State may register a 
highway motor vehicle without proof of payment if the person 
registering the vehicle presents the original or a photocopy of a bill 
of sale (or other document evidencing transfer) indicating that the 
vehicle was purchased by the owner either as a new or used vehicle 
during the preceding 60 days before the date that the State receives 
the application for registration of such vehicle. Because taxpayers 
will not be able to obtain proof of payment during the period between 
July 1, 2011, and November 1, 2011, the temporary regulations provide 
that between July 1, 2011, and November 30, 2011, a State must register 
a highway motor vehicle without proof of payment if the person 
registering the vehicle presents the original or a photocopy of a bill 
of sale (or other document evidencing the sale) that demonstrates that 
the owner purchased the vehicle, either as a new or used vehicle, 
within 150 days of the date that the State receives the application for 
registration, and the vehicle has not been registered in any State 
since the purchase date.

Special Analyses

    It has been determined that this Treasury decision is not a 
significant regulatory action as defined in Executive Order 12866, as 
supplemented by Executive Order 13563. 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 this regulation. For applicability of the Regulatory 
Flexibility Act (5 U.S.C. chapter 6), please refer to the Special 
Analysis section in the preamble to the cross-referenced notice of 
proposed rulemaking in the Proposed Rules section in this issue of the 
Federal Register. Pursuant to section 7805(f) of the Code, this final 
and temporary regulation was submitted to the Chief Counsel for 
Advocacy of the Small Business Administration for comment on their 
impact on small business.

Drafting Information

    The principal author of these regulations is Natalie Payne, Office 
of the Associate Chief Counsel (Passthroughs and Special Industries). 
However, other personnel from the IRS and the Treasury Department 
participated in their development.

List of Subjects in 26 CFR Part 41

    Excise taxes, Motor vehicles, Reporting and recordkeeping 
requirements.

Adoption of Amendments to the Regulations

    Accordingly, 26 CFR part 41 is amended as follows:

PART 41--EXCISE TAX ON USE OF CERTAIN HIGHWAY MOTOR VEHICLES

0
Paragraph 1. The authority citation for part 41 is amended to read in 
part as follows:

    Authority:  26 U.S.C. 7805. * * *
    Section 41.6001-2T also issued under 26 U.S.C. 6001. * * *
    Section 41.6071(a)-1T also issued under 26 U.S.C. 6071(a). * * *
    Section 41.6151(a)-1T also issued under 26 U.S.C. 6151(a). * * *

0
Par. 2. Section 41.6001-2 is amended by:
0
1. Redesignating paragraph (b)(1) as paragraph (b)(1)(i) and adding a 
paragraph heading to newly designated paragraph (b)(1)(i).
0
2. Adding paragraph (b)(1)(ii).
0
3. Redesignating paragraph (b)(4) as paragraph (b)(4)(i) and adding a 
paragraph heading to newly designated paragraph (b)(4)(i).
0
4. Adding paragraph (b)(4)(ii).
0
5. Redesignating paragraph (c)(2) as paragraph (c)(2)(i), adding a 
paragraph heading to newly designated paragraph (c)(2)(i) and adding 
paragraph (c)(2)(ii).
    The additions read as follows:


Sec.  41.6001-2  Proof of payment for State registration purposes.

* * * * *
    (b) * * *
    (1) * * *
    (i) Registration generally. * * *
    (ii) [Reserved]. For further guidance, see Sec.  41.6001-
2T(b)(1)(ii).
* * * * *
    (4) * * *
    (i) General rule. * * *
    (ii) [Reserved]. For further guidance, see Sec.  41.6001-
2T(b)(4)(ii).
* * * * *
    (c) * * *

[[Page 43123]]

    (2) * * *
    (i) General rule. * * *
    (ii) [Reserved]. For further guidance, see Sec.  41.6001-
2T(c)(2)(ii).
* * * * *

0
Par. 3. Section 41.6001-2T is added to read as follows:


Sec.  41.6001-2T  Proof of payment for State registration purposes 
(temporary).

    (a) [Reserved]. For further guidance, see Sec.  41.6001-2(a) .
    (b)(1)(i) [Reserved]. For further guidance, see Sec.  41.6001-
2(b)(1)(i).
    (ii) Special rule for registration after June 30, 2011, and before 
December 1, 2011. Between July 1, 2011, and November 30, 2011, a State 
must register a highway motor vehicle without proof of payment if the 
person registering the vehicle presents the original or a photocopy of 
a bill of sale (or other document evidencing transfer) indicating that 
the vehicle was purchased by the owner either as a new or used vehicle 
during the preceding 150 days before the date that the State receives 
the application for registration of the vehicle, and the vehicle has 
not been registered in any state subsequent to such date of purchase.
    (b)(2) through (b)(4)(i) [Reserved]. For further guidance, see 
Sec.  41.6001-2(b)(2) through (b)(4)(i).
    (ii) Special rule for registration after June 30, 2011, and before 
December 1, 2011. In the case of a highway motor vehicle subject to tax 
under section 4481(a) for which a State receives an application for 
registration during the months of July, August, September, October, or 
November of 2011, a State shall accept proof of payment for the taxable 
period of July 1, 2010, through June 30, 2011, to verify payment of the 
tax imposed by section 4481(a).
    (c) introductory text through (c)(2)(i) [Reserved]. For further 
guidance, see Sec.  41.6001-2(c) through (c)(2)(i).
    (ii) Substitute proof of payment for the taxable period beginning 
July 1, 2011. For purposes of this section and Sec.  41.6001-2, in the 
case of a highway motor vehicle for which a State receives an 
application for registration during the period of July 1, 2011, through 
November 30, 2011, a State shall accept as a substitute for proof of 
payment, proof of payment for the taxable period of July 1, 2010, 
through June 30, 2011.
    (iii) Cross reference. For provisions relating to the use of proof 
of payment for the taxable period of July 1, 2010, through June 30, 
2011, to verify payment of the tax imposed by section 4481(a), see 
Sec.  41.6001-2T(b)(4)(ii).
    (d) Effective/applicability date. Paragraphs (b)(1)(ii), 
(b)(4)(ii), (c)(2)(ii) and (c)(2)(iii) of this section apply on and 
after July 20, 2011.
    (e) Expiration date. The applicability of this section expires on 
or before July 15, 2014.

0
Par. 4. Section 41.6071(a)-1 is amended as follows:
0
1. In paragraph (a) introductory text, the phrase ``Except as provided 
in paragraph (b) of this section'' is removed and ``Except as provided 
in paragraph (b) or paragraph (c) of this section'' is added in its 
place.
0
2. Add paragraph (c).
    The addition reads as follows:


Sec.  41.6071(a)-1  Time for filing returns.

* * * * *
    (c) [Reserved]. For further guidance, see Sec.  41.6071(a)-1T(c) 
through (c)(3).

0
Par. 5. Section 41.6071(a)-1T is added to read as follows:


Sec.  41.6071(a)-1T  Time for filing returns (temporary).

    (a) through (b) [Reserved]. For further guidance, see Sec.  
41.6071(a)-1(a) through (b).
    (c) Special rule for highway motor vehicles for which a taxable use 
occurs during the period July 1, 2011, through September 30, 2011--(1) 
Date for filing returns. In the case of a highway motor vehicle for 
which a taxable use occurs during the period July 1, 2011, through 
September 30, 2011, the person liable for the tax must file a return 
described in Sec.  41.6011(a)-1 no later than November 30, 2011. The 
return should be filed no earlier than November 1, 2011. If the return 
is filed and payment is submitted before November 1, 2011, the IRS will 
not provide a receipted Schedule 1 (Form 2290, ``Heavy Highway Vehicle 
Use Tax Return'') as proof of payment until after November 1, 2011, and 
will provide such receipted Schedule 1 only if the full amount of the 
tax for the 2011 taxable period (determined under the law in effect as 
of November 1, 2011) has been paid.
    (2) Cross reference. For provisions relating to time and place for 
paying the tax imposed under section 4481, see Sec.  41.6151(a)-1.
    (3) Effective/applicability date. This paragraph (c) applies on and 
after July 20, 2011.
    (4) Expiration date. The applicability of this section expires on 
or before July 15, 2014.

0
Par. 6. Section 41.6151(a)-1 is revised to read as follows:


Sec.  41.6151(a)-1  Time and place for paying tax.

    [Reserved]. For further guidance, see Sec.  41.6071(a)-1T(a) and 
(b).

0
Par. 7. Section 41.6151(a)-1T is added to read as follows:


Sec.  41.6151(a)-1T  Time and place for paying tax (temporary).

    (a) In general. The tax must be paid at the time prescribed in 
Sec.  41.6071(a)-1 (or Sec.  41.6071(a)-1T, as appropriate) for filing 
the return and at the place prescribed in Sec.  41.6091-1 for filing 
the return.
    (b) Effective/applicability date. This section applies on and after 
July 20, 2011.
    (c) Expiration date. The applicability of this section expires on 
or before July 15, 2014.

Steven T. Miller,
Deputy Commissioner for Services and Enforcement.
    Approved: July 13, 2011.
Emily S. McMahon,
 Acting Assistant Secretary of the Treasury (Tax Policy).
[FR Doc. 2011-18244 Filed 7-15-11; 4:15 pm]
BILLING CODE 4830-01-P