Extending Religious and Family Member FICA and FUTA Exceptions to Disregarded Entities; Correction, 76037 [2011-31182]
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Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Rules and Regulations
incorporated or otherwise authorized to
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Dated: November 29, 2011.
Ellen O. Tauscher,
Under Secretary, Arms Control and
International Security, Department of State.
[FR Doc. 2011–31273 Filed 12–5–11; 8:45 am]
BILLING CODE 4710–25–P
DEPARTMENT OF THE TREASURY
26 CFR Part 301
[TD 9554]
List of Subjects in 26 CFR 301
Employment taxes, Estate taxes,
Excise taxes, Gift taxes, Income taxes,
Penalties, Reporting and recording
requirements.
same manner as a sole proprietorship
under § 301.7701–2(a) will be subject to
tax on self-employment income.
(B) [Reserved]. For further guidance,
see § 301.7701–2(c)(2)(iv)(B).
(C) Exceptions. For exceptions to the
rule in § 301.7701–2(c)(2)(iv)(B), see
sections 31.3121(b)(3)–1(d), 31.3127–
1(c), and 31.3306(c)(5)–1(d).
(D) through (e)(4) [Reserved]. For
further guidance, see § 301.7701–
2(c)(2)(iv)(D) through (e)(4).
(5) Paragraphs (c)(2)(iv)(A) and
(c)(2)(iv)(C) of this section apply to
wages paid on or after December 6,
2011. For rules that apply to paragraph
(c)(2)(iv)(A) of this section before
December 6, 2011, see 26 CFR part 301
revised as of April 1, 2009. However,
taxpayers may apply paragraphs
(c)(2)(iv)(A) and (c)(2)(iv)(C) of this
section to wages paid on or after January
1, 2009.
(e)(6) through (e)(7) [Reserved]. For
further guidance, see § 301.7701–2(e)(6)
through (e)(7).
(8) Expiration Date. The applicability
of paragraphs (c)(2)(iv)(A) and
(c)(2)(iv)(C) of this section expires on or
before December 5, 2014.
LaNita Van Dyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel, (Procedure and Administration).
[FR Doc. 2011–31182 Filed 12–5–11; 8:45 am]
BILLING CODE 4830–01–P
Extending Religious and Family
Member FICA and FUTA Exceptions to
Disregarded Entities; Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correcting amendment.
AGENCY:
This document describes a
correction to final and temporary
regulations (TD 9554) extending the
exceptions from taxes under the Federal
Insurance Contributions Act (‘‘FICA’’)
and the Federal Unemployment Tax Act
(‘‘FUTA’’) under sections 3121(b)(3)
(concerning individuals who work for
certain family members), 3127
(concerning members of religious
faiths), and 3306(c)(5) (concerning
persons employed by children and
spouses and children under 21
employed by their parents) of the
Internal Revenue Code (‘‘Code’’) 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. These
SUMMARY:
tkelley on DSK3SPTVN1PROD with RULES
Need for Correction
As published, final and temporary
regulations (TD 9554) contain an error
that may prove to be misleading and is
in need of clarification.
PART 301—PROCEDURE AND
ADMINISTRATION
RIN 1545–BJ07
15:05 Dec 05, 2011
Background
The final and temporary regulations
that are the subject of this document are
under section 7701 of the Internal
Revenue Code.
Correction of Publication
Accordingly, 26 CFR part 301 is
corrected by making the following
correcting amendment:
Internal Revenue Service
VerDate Mar<15>2010
regulations were published in the
Federal Register on Tuesday, November
1, 2011 (76 FR 67363).
DATES: This correction is effective on
December 6, 2011, and is applicable on
November 1, 2011.
FOR FURTHER INFORMATION CONTACT:
Joseph Perera, (202) 622–6040 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
76037
Jkt 226001
Paragraph 1. The authority citation
for part 301 continues to read in part as
follows:
■
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 301.7701–2T is revised
to read as follows:
■
§ 301.7701–2T Business entities;
definitions (temporary).
(a) through (c)(2)(iv) [Reserved]. For
further guidance, see § 301.7701–2(a)
through (c)(2)(iv).
(A) In general. Section § 301.7701–
2(c)(2)(i) (relating to certain wholly
owned entities) does not apply to taxes
imposed under Subtitle C—Employment
Taxes and Collection of Income Tax
(Chapters 21, 22, 23, 23A, 24 and 25 of
the Internal Revenue Code). However,
§ 301.7701–2(c)(2)(i) does apply to
withholding requirements imposed
under section 3406 (backup
withholding). The owner of a business
entity that is disregarded under
§ 301.7701–2 is subject to the
withholding requirements imposed
under section 3406 (backup
withholding). Section 301.7701–
2(c)(2)(i) also applies to taxes imposed
under Subtitle A, including Chapter 2—
Tax on Self Employment Income. The
owner of an entity that is treated in the
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
DEPARTMENT OF JUSTICE
28 CFR Part 50
[Docket No. OAG 142; AG Order No. 3314–
2011]
RIN 1105–AB38
Office of the Attorney General;
Assumption of Concurrent Federal
Criminal Jurisdiction in Certain Areas
of Indian Country
Office of the Attorney General,
Department of Justice.
ACTION: Final rule.
AGENCY:
This rule establishes the
procedures for an Indian tribe whose
Indian country is subject to State
criminal jurisdiction under Public Law
280 (18 U.S.C. 1162(a)) to request that
the United States accept concurrent
criminal jurisdiction within the tribe’s
Indian country, and for the Attorney
General to decide whether to consent to
such a request.
DATES: Effective Date: This rule is
effective January 5, 2012.
FOR FURTHER INFORMATION, CONTACT: Mr.
Tracy Toulou, Director, Office of Tribal
SUMMARY:
E:\FR\FM\06DER1.SGM
06DER1
]]>Agencies
[Federal Register Volume 76, Number 234 (Tuesday, December 6, 2011)]
[Rules and Regulations]
[Page 76037]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31182]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 301
[TD 9554]
RIN 1545-BJ07
Extending Religious and Family Member FICA and FUTA Exceptions to
Disregarded Entities; Correction
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This document describes a correction to final and temporary
regulations (TD 9554) extending the exceptions from taxes under the
Federal Insurance Contributions Act (``FICA'') and the Federal
Unemployment Tax Act (``FUTA'') under sections 3121(b)(3) (concerning
individuals who work for certain family members), 3127 (concerning
members of religious faiths), and 3306(c)(5) (concerning persons
employed by children and spouses and children under 21 employed by
their parents) of the Internal Revenue Code (``Code'') 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. These
regulations were published in the Federal Register on Tuesday, November
1, 2011 (76 FR 67363).
DATES: This correction is effective on December 6, 2011, and is
applicable on November 1, 2011.
FOR FURTHER INFORMATION CONTACT: Joseph Perera, (202) 622-6040 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
Background
The final and temporary regulations that are the subject of this
document are under section 7701 of the Internal Revenue Code.
Need for Correction
As published, final and temporary regulations (TD 9554) contain an
error that may prove to be misleading and is in need of clarification.
List of Subjects in 26 CFR 301
Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income
taxes, Penalties, Reporting and recording requirements.
Correction of Publication
Accordingly, 26 CFR part 301 is corrected by making the following
correcting amendment:
PART 301--PROCEDURE AND ADMINISTRATION
0
Paragraph 1. The authority citation for part 301 continues to read in
part as follows:
Authority: 26 U.S.C. 7805 * * *
0
Par. 2. Section 301.7701-2T is revised to read as follows:
Sec. 301.7701-2T Business entities; definitions (temporary).
(a) through (c)(2)(iv) [Reserved]. For further guidance, see Sec.
301.7701-2(a) through (c)(2)(iv).
(A) In general. Section Sec. 301.7701-2(c)(2)(i) (relating to
certain wholly owned entities) does not apply to taxes imposed under
Subtitle C--Employment Taxes and Collection of Income Tax (Chapters 21,
22, 23, 23A, 24 and 25 of the Internal Revenue Code). However, Sec.
301.7701-2(c)(2)(i) does apply to withholding requirements imposed
under section 3406 (backup withholding). The owner of a business entity
that is disregarded under Sec. 301.7701-2 is subject to the
withholding requirements imposed under section 3406 (backup
withholding). Section 301.7701-2(c)(2)(i) also applies to taxes imposed
under Subtitle A, including Chapter 2--Tax on Self Employment Income.
The owner of an entity that is treated in the same manner as a sole
proprietorship under Sec. 301.7701-2(a) will be subject to tax on
self-employment income.
(B) [Reserved]. For further guidance, see Sec. 301.7701-
2(c)(2)(iv)(B).
(C) Exceptions. For exceptions to the rule in Sec. 301.7701-
2(c)(2)(iv)(B), see sections 31.3121(b)(3)-1(d), 31.3127-1(c), and
31.3306(c)(5)-1(d).
(D) through (e)(4) [Reserved]. For further guidance, see Sec.
301.7701-2(c)(2)(iv)(D) through (e)(4).
(5) Paragraphs (c)(2)(iv)(A) and (c)(2)(iv)(C) of this section
apply to wages paid on or after December 6, 2011. For rules that apply
to paragraph (c)(2)(iv)(A) of this section before December 6, 2011, see
26 CFR part 301 revised as of April 1, 2009. However, taxpayers may
apply paragraphs (c)(2)(iv)(A) and (c)(2)(iv)(C) of this section to
wages paid on or after January 1, 2009.
(e)(6) through (e)(7) [Reserved]. For further guidance, see Sec.
301.7701-2(e)(6) through (e)(7).
(8) Expiration Date. The applicability of paragraphs (c)(2)(iv)(A)
and (c)(2)(iv)(C) of this section expires on or before December 5,
2014.
LaNita Van Dyke,
Chief, Publications and Regulations Branch, Legal Processing Division,
Associate Chief Counsel, (Procedure and Administration).
[FR Doc. 2011-31182 Filed 12-5-11; 8:45 am]
BILLING CODE 4830-01-P
