Extending Religious and Family Member FICA and FUTA Exceptions To Disregard Entities, 67384-67385 [2011-28177]
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67384
Federal Register / Vol. 76, No. 211 / Tuesday, November 1, 2011 / Proposed Rules
services. The Government of Costa Rica
or its designated representative is
required to deposit a certified or
cashier’s check with APHIS for the
amount of the costs estimated by
APHIS. If the deposit is not sufficient to
meet all costs incurred by APHIS, the
agreement further requires the
Government of Costa Rica or its
designated representative to deposit
with APHIS a certified or cashier’s
check for the amount of the remaining
costs, as determined by APHIS, before
the services will be completed. After a
final audit at the conclusion of each
shipping season, any overpayment of
funds would be returned to the
Government of Costa Rica or its
designated representative or held on
account until needed.
*
*
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DATES:
Special Analyses
Send submissions to
CC:PA:LPD:PR (REG–136565–09), room
5203, Internal Revenue Service, PO Box
7604, Ben Franklin Station, Washington,
DC 20044. Submissions may be hand
delivered Monday through Friday
between the hours of 8 a.m. to 4 p.m.
to CC:PA:LPD:PR (REG–136565–09),
Courier’s Desk, Internal Revenue
Service, 1111 Constitution Ave. NW.,
Washington, DC. Alternatively,
taxpayers may submit electronic
comments via the Federal eRulemaking
Portal at https://www.regulations.gov
(indicate IRS and REG–136565–09).
It has been determined that this notice
of proposed rulemaking is not a
significant regulatory action as defined
in Executive Order 12866. Therefore, a
regulatory assessment is not required. It
has also been determined that section
553(b) of the Administrative Procedure
Act (5 U.S.C. chapter 5) does not apply
to these regulations, and because the
regulations do not impose a collection
of information on small entities, the
Regulatory Flexibility Act (5 U.S.C.
chapter 6) does not apply. Pursuant to
section 7805(f) of the Code, this notice
of proposed rulemaking will be
submitted to the Chief Counsel for
Advocacy of the Small Business
Administration for comment on its
impact on small business.
Written or electronic comments
and requests for a public hearing must
be received by January 30, 2012.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Done in Washington, DC, this 26th day of
October 2011.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
Concerning the proposed regulations,
Joseph Perera, at (202) 622–6040;
concerning submissions of comments or
requests for a hearing, Oluwafunmilayo
(Funmi) Taylor at (202) 622–7180 (not
toll-free numbers).
[FR Doc. 2011–28253 Filed 10–31–11; 8:45 am]
SUPPLEMENTARY INFORMATION:
BILLING CODE 3410–34–P
Background and Explanation of
Provisions
DEPARTMENT OF THE TREASURY
Temporary regulations in the Rules
and Regulations section of this issue of
the Federal Register contain
amendments to Employment Tax
Regulations (26 CFR part 31) and the
Procedure and Administration
Regulations (26 CFR part 301). The text
of those regulations also serves as the
text of these proposed regulations. The
preamble to the temporary regulations
explains the temporary regulations and
these proposed regulations. Generally,
the regulations allow certain
disregarded entities under § 301.7701–2
that are treated as corporations for
employment tax purposes, to qualify for
the FICA and FUTA exceptions of
sections 3121(b)(3), 3127, and 3306(c)(5)
by treating the owner of the disregarded
entity as the employer for purposes of
applying those sections. Additionally,
the regulations clarify the existing rule
that the owners of disregarded entities,
other than qualified subchapter S
subsidiaries are responsible for backup
withholding and related information
reporting requirements on reportable
payments.
Internal Revenue Service
26 CFR Parts 31 and 301
[REG–136565–09]
RIN 1545–BJ06
Extending Religious and Family
Member FICA and FUTA Exceptions To
Disregard Entities
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking
by cross-reference to temporary
regulations.
AGENCY:
In the Rules and Regulations
section of this issue of the Federal
Register, the IRS is issuing temporary
regulations to extend the exceptions
from taxes under the Federal Insurance
Contributions Act (‘‘FICA’’) and the
Federal Unemployment Tax Act
(‘‘FUTA’’) under sections 3121(b)(3),
3127, and 3306(c)(5) to entities that are
disregarded as separate from their
owners for federal tax purposes. The
temporary regulations also clarify the
existing rule that the owners of
disregarded entities, except for qualified
subchapter S subsidiaries, are
responsible for backup withholding and
related information reporting
requirements under section 3406. The
text of those regulations also serves as
the text of these proposed regulations.
emcdonald on DSK5VPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
15:55 Oct 31, 2011
Jkt 226001
Proposed Effective/Applicability Date
The regulations, as proposed, apply to
wages paid on or after November 1,
2011.
However, the rules in these proposed
regulations may be relied on by
taxpayers for wages paid after December
31, 2008.
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
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 Treasury Department request
comments on the clarity of the proposed
rules and how they can be made easier
to understand. All comments will be
made available for public inspection
and copying.
Drafting Information
The principal author of these
regulations is Joseph Perera, Office of
Associate Chief Counsel (Tax Exempt &
Government Entities).
List of Subjects
26 CFR Part 31
Employment taxes, Income Taxes,
Penalties, Pensions, Railroad retirement,
Reporting and recordkeeping
requirements, Social Security,
Unemployment compensation.
26 CFR Part 301
Employment taxes, Estate taxes,
Excise taxes, Gift taxes, Income taxes,
Penalties, Reporting and recording
requirements.
Proposed Amendments to the
Regulations
Accordingly, 26 CFR parts 31 and 301
are proposed to be amended as follows:
PART 31—EMPLOYMENT TAXES AND
COLLECTION OF INCOME TAX AT
SOURCE
Paragraph 1. The authority citation
for part 31 continues to read in part as
follows:
Authority: 26 U.S.C. 7805 * * *
E:\FR\FM\01NOP1.SGM
01NOP1
Federal Register / Vol. 76, No. 211 / Tuesday, November 1, 2011 / Proposed Rules
2. Redesignating paragraph
(c)(2)(iv)(C) as paragraph (c)(2)(iv)(D)
and adding new paragraph (c)(2)(iv)(C).
3. Adding a sentence at the end of
paragraph (e)(5).
The additions and revisions read as
follows:
Par. 2. Section 31.3121(b)(3)–1 is
amended by:
1. Revising paragraph (c).
2. Adding paragraphs (d) and (e).
The revision and addition read as
follows:
§ 31.3121(b)(3)–1
Family Employment.
*
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(c) [The text of the proposed
amendment to § 31.3121(b)(3)–1(c) is
the same as the text of § 31.3121(b)(3)–
1T(c) published elsewhere in this issue
of the Federal Register].
(d) [The text of the proposed
amendment to § 31.3121(b)(3)–1(d) is
the same as the text of § 31.3121(b)(3)–
1T(d) published elsewhere in this issue
of the Federal Register].
(e) [The text of the proposed
amendment to § 31.3121(b)(3)–1(e) is
the same as the text of § 31.3121(b)(3)–
1T(e) published elsewhere in this issue
of the Federal Register].
Par. 3. Section 31.3127–1 is added to
read as follows:
§ 31.3127–1 Exceptions for employers and
their employees where both are members of
religious faiths opposed to participation in
Social Security Act programs.
[The text of the proposed § 31.3127–
1 is the same as the text of § 31.3127–
1T published elsewhere in this issue of
the Federal Register].
Par. 4. Section 31.3306(c)(5)–1 is
amended by:
1. Revising paragraph (c).
2. Adding paragraphs (d) and (e).
The revision and addition read as
follows:
§ 31.3306(c)(5)–1
Family Employment.
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*
*
(c) [The text of the proposed
amendment to § 31.3306(c)(5)–1(c) is the
same as the text of § 31.3306(c)(5)–1T(c)
published elsewhere in this issue of the
Federal Register].
(d) [The text of the proposed
amendment to § 31.3306(c)(5)–1(d) is
the same as the text of § 31.3306(c)(5)–
1T(d) published elsewhere in this issue
of the Federal Register].
(e) [The text of the proposed
amendment to § 31.3306(c)(5)–1(e) is the
same as the text of § 31.3306(c)(5)–1T(e)
published elsewhere in this issue of the
Federal Register].
emcdonald on DSK5VPTVN1PROD with PROPOSALS
*
PART 301—PROCEDURE AND
ADMINISTRATION
Par. 5. The authority citation for part
301 continues to read in part as follows:
Authority: 26 U.S.C. 7805 * * *
Par. 6. Section 301.7701–2 is
amended by:
1. Revising paragraph (c)(2)(iv)(A).
VerDate Mar<15>2010
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Jkt 226001
§ 301.7701–2
definitions.
Business entities;
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(c) * * *
(2) * * *
(iv) * * *
(A) [The text of the proposed
amendment to § 301.7701–2(c)(2)(iv)(A)
is the same as the text of § 301.7701–
2T(c)(2)(iv)(A) published elsewhere in
this issue of the Federal Register].
(B) * * *
(C) [The text of the proposed
amendment to § 301.7701–2(c)(2)(iv)(C)
is the same as the text of § 301.7701–
2T(c)(2)(iv)(C) published elsewhere in
this issue of the Federal Register].
*
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(e) * * *
(5) * * * [The text of the proposed
amendment to § 301.7701–2(e)(5) is the
same as the text of § 301.7701–2T(e)(5)
published elsewhere in this issue of the
Federal Register].
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Steven T. Miller,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 2011–28177 Filed 10–31–11; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Parts 135 and 136
[USCG–2004–17697]
RIN 1625–AA03
Claims Procedures Under the Oil
Pollution Act of 1990
Coast Guard, DHS.
ACTION: Notice of inquiry.
AGENCY:
The Coast Guard is
developing a supplemental notice of
proposed rulemaking (SNPRM) to
finalize a 1992 interim rule that set forth
the Oil Pollution Act of 1990 (OPA’90)
claims procedures and removed certain
conflicting and superseded regulations
from the Code of Federal Regulations.
Before publishing the SNPRM, the Coast
Guard is inviting members of the public
to respond to questions and offer
comments on their experience to date
SUMMARY:
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
67385
with the OPA’90 claims procedures and
on whether additional pre-OPA’90 rules
should be removed from the Code of
Federal Regulations. The Coast Guard is
also inviting the public to provide
background information and cost data
that will better inform the regulatory
assessment for this rulemaking.
DATES: Comments and related material
must either be submitted to our online
docket via https://www.regulations.gov
on or before January 30, 2012, or reach
the Docket Management Facility by that
date.
ADDRESSES: You may submit comments
identified by docket number USCG–
2004–17697 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: (202) 493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays. The telephone number
is (202) 366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section
below for additional instructions on
submitting comments.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice,
call or email Benjamin H. White,
National Pollution Funds Center, U.S.
Coast Guard, telephone (202) 493–6863,
email Benjamin.H.White@uscg.mil. If
you have questions on viewing or
submitting material to the docket, call
Renee V. Wright, Program Manager,
Docket Operations, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Abbreviations
II. Public Participation and Request for
Comments
A. Submitting Comments
B. Viewing the Comments and
Supplemental Materials in the Public
Docket
C. Privacy Act
III. Background
A. Overview of the OPA’90 Liability and
Compensation Statutory Scheme
B. Repeal by OPA’90 of Title III of the
Outer Continental Shelf Lands Act
Amendments of 1978
C. Regulatory History
1. Interim Rule
E:\FR\FM\01NOP1.SGM
01NOP1
]]>Agencies
[Federal Register Volume 76, Number 211 (Tuesday, November 1, 2011)]
[Proposed Rules]
[Pages 67384-67385]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28177]
=======================================================================
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 31 and 301
[REG-136565-09]
RIN 1545-BJ06
Extending Religious and Family Member FICA and FUTA Exceptions To
Disregard Entities
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Notice of proposed rulemaking by cross-reference to temporary
regulations.
-----------------------------------------------------------------------
SUMMARY: In the Rules and Regulations section of this issue of the
Federal Register, the IRS is issuing temporary regulations to extend
the exceptions from taxes under the Federal Insurance Contributions Act
(``FICA'') and the Federal Unemployment Tax Act (``FUTA'') under
sections 3121(b)(3), 3127, and 3306(c)(5) to entities that are
disregarded as separate from their owners for federal tax purposes. The
temporary regulations also clarify the existing rule that the owners of
disregarded entities, except for qualified subchapter S subsidiaries,
are responsible for backup withholding and related information
reporting requirements under section 3406. The text of those
regulations also serves as the text of these proposed regulations.
DATES: Written or electronic comments and requests for a public hearing
must be received by January 30, 2012.
ADDRESSES: Send submissions to CC:PA:LPD:PR (REG-136565-09), room 5203,
Internal Revenue Service, PO Box 7604, Ben Franklin Station,
Washington, DC 20044. Submissions may be hand delivered Monday through
Friday between the hours of 8 a.m. to 4 p.m. to CC:PA:LPD:PR (REG-
136565-09), Courier's Desk, Internal Revenue Service, 1111 Constitution
Ave. NW., Washington, DC. Alternatively, taxpayers may submit
electronic comments via the Federal eRulemaking Portal at https://www.regulations.gov (indicate IRS and REG-136565-09).
FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations,
Joseph Perera, at (202) 622-6040; concerning submissions of comments or
requests for a hearing, Oluwafunmilayo (Funmi) Taylor at (202) 622-7180
(not toll-free numbers).
SUPPLEMENTARY INFORMATION:
Background and Explanation of Provisions
Temporary regulations in the Rules and Regulations section of this
issue of the Federal Register contain amendments to Employment Tax
Regulations (26 CFR part 31) and the Procedure and Administration
Regulations (26 CFR part 301). The text of those regulations also
serves as the text of these proposed regulations. The preamble to the
temporary regulations explains the temporary regulations and these
proposed regulations. Generally, the regulations allow certain
disregarded entities under Sec. 301.7701-2 that are treated as
corporations for employment tax purposes, to qualify for the FICA and
FUTA exceptions of sections 3121(b)(3), 3127, and 3306(c)(5) by
treating the owner of the disregarded entity as the employer for
purposes of applying those sections. Additionally, the regulations
clarify the existing rule that the owners of disregarded entities,
other than qualified subchapter S subsidiaries are responsible for
backup withholding and related information reporting requirements on
reportable payments.
Proposed Effective/Applicability Date
The regulations, as proposed, apply to wages paid on or after
November 1, 2011.
However, the rules in these proposed regulations may be relied on
by taxpayers for wages paid after December 31, 2008.
Special Analyses
It has been determined that this notice of proposed rulemaking is
not a significant regulatory action as defined in Executive Order
12866. Therefore, a regulatory assessment is not required. It has also
been determined that section 553(b) of the Administrative Procedure Act
(5 U.S.C. chapter 5) does not apply to these regulations, and because
the regulations do not impose a collection of information on small
entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not
apply. Pursuant to section 7805(f) of the Code, this notice of proposed
rulemaking will be submitted to the Chief Counsel for Advocacy of the
Small Business Administration for comment on its 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 Treasury Department request comments on the clarity of
the proposed rules and how they can be made easier to understand. All
comments will be made available for public inspection and copying.
Drafting Information
The principal author of these regulations is Joseph Perera, Office
of Associate Chief Counsel (Tax Exempt & Government Entities).
List of Subjects
26 CFR Part 31
Employment taxes, Income Taxes, Penalties, Pensions, Railroad
retirement, Reporting and recordkeeping requirements, Social Security,
Unemployment compensation.
26 CFR Part 301
Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income
taxes, Penalties, Reporting and recording requirements.
Proposed Amendments to the Regulations
Accordingly, 26 CFR parts 31 and 301 are proposed to be amended as
follows:
PART 31--EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE
Paragraph 1. The authority citation for part 31 continues to read
in part as follows:
Authority: 26 U.S.C. 7805 * * *
[[Page 67385]]
Par. 2. Section 31.3121(b)(3)-1 is amended by:
1. Revising paragraph (c).
2. Adding paragraphs (d) and (e).
The revision and addition read as follows:
Sec. 31.3121(b)(3)-1 Family Employment.
* * * * *
(c) [The text of the proposed amendment to Sec. 31.3121(b)(3)-1(c)
is the same as the text of Sec. 31.3121(b)(3)-1T(c) published
elsewhere in this issue of the Federal Register].
(d) [The text of the proposed amendment to Sec. 31.3121(b)(3)-1(d)
is the same as the text of Sec. 31.3121(b)(3)-1T(d) published
elsewhere in this issue of the Federal Register].
(e) [The text of the proposed amendment to Sec. 31.3121(b)(3)-1(e)
is the same as the text of Sec. 31.3121(b)(3)-1T(e) published
elsewhere in this issue of the Federal Register].
Par. 3. Section 31.3127-1 is added to read as follows:
Sec. 31.3127-1 Exceptions for employers and their employees where
both are members of religious faiths opposed to participation in Social
Security Act programs.
[The text of the proposed Sec. 31.3127-1 is the same as the text
of Sec. 31.3127-1T published elsewhere in this issue of the Federal
Register].
Par. 4. Section 31.3306(c)(5)-1 is amended by:
1. Revising paragraph (c).
2. Adding paragraphs (d) and (e).
The revision and addition read as follows:
Sec. 31.3306(c)(5)-1 Family Employment.
* * * * *
(c) [The text of the proposed amendment to Sec. 31.3306(c)(5)-1(c)
is the same as the text of Sec. 31.3306(c)(5)-1T(c) published
elsewhere in this issue of the Federal Register].
(d) [The text of the proposed amendment to Sec. 31.3306(c)(5)-1(d)
is the same as the text of Sec. 31.3306(c)(5)-1T(d) published
elsewhere in this issue of the Federal Register].
(e) [The text of the proposed amendment to Sec. 31.3306(c)(5)-1(e)
is the same as the text of Sec. 31.3306(c)(5)-1T(e) published
elsewhere in this issue of the Federal Register].
PART 301--PROCEDURE AND ADMINISTRATION
Par. 5. The authority citation for part 301 continues to read in
part as follows:
Authority: 26 U.S.C. 7805 * * *
Par. 6. Section 301.7701-2 is amended by:
1. Revising paragraph (c)(2)(iv)(A).
2. Redesignating paragraph (c)(2)(iv)(C) as paragraph (c)(2)(iv)(D)
and adding new paragraph (c)(2)(iv)(C).
3. Adding a sentence at the end of paragraph (e)(5).
The additions and revisions read as follows:
Sec. 301.7701-2 Business entities; definitions.
* * * * *
(c) * * *
(2) * * *
(iv) * * *
(A) [The text of the proposed amendment to Sec. 301.7701-
2(c)(2)(iv)(A) is the same as the text of Sec. 301.7701-
2T(c)(2)(iv)(A) published elsewhere in this issue of the Federal
Register].
(B) * * *
(C) [The text of the proposed amendment to Sec. 301.7701-
2(c)(2)(iv)(C) is the same as the text of Sec. 301.7701-
2T(c)(2)(iv)(C) published elsewhere in this issue of the Federal
Register].
* * * * *
(e) * * *
(5) * * * [The text of the proposed amendment to Sec. 301.7701-
2(e)(5) is the same as the text of Sec. 301.7701-2T(e)(5) published
elsewhere in this issue of the Federal Register].
* * * * *
Steven T. Miller,
Deputy Commissioner for Services and Enforcement.
[FR Doc. 2011-28177 Filed 10-31-11; 8:45 am]
BILLING CODE 4830-01-P
