Authority for Voluntary Withholding on Other Payments, 71542-71543 [2013-28529]

Download as PDF 71542 Federal Register / Vol. 78, No. 230 / Friday, November 29, 2013 / Proposed Rules organization does not engage in such activity (and the contributor organization does not know or have reason to know that the representation is inaccurate or unreliable); and (2) The contribution is subject to a written restriction that it not be used for candidate-related political activity within the meaning of this paragraph (a)(2)(iii). (c) Effective/applicability date. Paragraphs (a)(2)(ii) and (iii) of this section apply on and after the date of publication of the Treasury decision adopting these rules as final regulations in the Federal Register. John Dalrymple, Deputy Commissioner for Services and Enforcement. [FR Doc. 2013–28492 Filed 11–26–13; 4:15 pm] BILLING CODE 4830–01–P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 31 [REG–146620–13] RIN 1545–BL92 Authority for Voluntary Withholding on Other Payments Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemaking and notice of proposed rulemaking by cross reference to temporary regulations. AGENCY: This document contains proposed regulations under the Internal Revenue Code (Code) relating to voluntary withholding agreements. In the Rules and Regulations of this issue of the Federal Register, the IRS is also issuing temporary regulations to allow the Secretary to issue guidance in the Internal Revenue Bulletin to describe payments for which the Secretary finds that income tax withholding under a voluntary withholding agreement would be appropriate. The text of those temporary regulations also generally serves as the text of these proposed regulations. The regulations affect persons making and persons receiving payments for which the IRS issues subsequent guidance authorizing the parties to enter into voluntary withholding agreements. DATES: Written or electronic comments and requests for a public hearing must be received by February 25, 2014. ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG–146620–13), room 5203, Internal Revenue Service, PO Box sroberts on DSK5SPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 17:32 Nov 27, 2013 Jkt 232001 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be handdelivered Monday through Friday between the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (REG–146620–13), Courier’s Desk, Internal Revenue Service, 1111 Constitution Avenue NW., Washington, DC, or sent electronically via the Federal eRulemaking Portal at https://www.regulations.gov (IRS REG– 146620–13). FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, Linda L. Conway-Hataloski at (202) 317–6798; concerning submission of comments and request for hearing, Oluwafunmilayo (Funmi) Taylor at (202) 317–5179 (not toll-free numbers). SUPPLEMENTARY INFORMATION: Background Section 3402(p) allows for voluntary income tax withholding agreements. Section 3402(p)(3) authorizes the Secretary to provide regulations for withholding from (A) remuneration for services performed by an employee for the employee’s employer which does not constitute wages, and (B) from any other payment with respect to which the Secretary finds that withholding would be appropriate, if the employer and employee, or the person making and the person receiving such other type of payment, agree to such withholding. Section 3402(p)(3) also authorizes the Secretary to prescribe in regulations the form and manner of such agreement. Section 31.3402(p)–1 of the Employment Tax Regulations describes how an employer and an employee may enter into an income tax withholding agreement under section 3402(p) for amounts that are excepted from the definition of wages in section 3401(a). Explanation of Provisions The proposed regulations amend the headings to paragraphs (a) and (b) of § 31.3402(p)–1 to clarify that those paragraphs apply to voluntary withholding agreements between an employer and employee. Temporary regulations in the Rules and Regulations section of this issue of the Federal Register also amend the Employment Tax Regulations (26 CFR part 31) under section 3402(p). The text of those temporary regulations also serves as the text of these proposed regulations. The preamble to the temporary regulations explains the amendments. Special Analyses It has been determined that this notice of proposed rulemaking is not a significant regulatory action as defined in Executive Order 12866, as supplemented by Executive Order PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 13563. Therefore, a regulatory assessment is not required. It has also been determined that 5 U.S.C. 533(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations and because the regulation does 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 Internal Revenue Code, these regulations have been submitted to the Office of Chief Counsel for Advocacy of the Small Business Administration for comment on their impact on small business. Comments and Requests for Public Hearing Before these proposed regulations are adopted as final regulations, consideration will be given to any comments that are submitted timely to the IRS as prescribed in the ADDRESSES heading in this preamble. The IRS and Treasury Department request comments on all aspects of the proposed regulations. All comments will be available at www.regulations.gov or upon request. 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 Linda L. ConwayHataloski, Office of Associate Chief Counsel (Tax Exempt and Government Entities). However, other personnel from the IRS and Treasury Department participated in their development. List of Subjects in 26 CFR Part 31 Employment taxes, Income taxes, Penalties, Pensions, Railroad retirement, Reporting and recordkeeping requirements, Social security, Unemployment compensation. Proposed Amendments to the Regulations Accordingly, 26 CFR part 31 is 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 * * * Par. 2. Section 31.3402(p)–1 is amended by: ■ E:\FR\FM\29NOP1.SGM 29NOP1 Federal Register / Vol. 78, No. 230 / Friday, November 29, 2013 / Proposed Rules 1. Revising the headings of paragraphs (a) and (b). ■ 2. Removing the language ‘‘3402(b)’’ in the first sentence and ‘‘3402(p)’’ in the third sentence and adding ‘‘3402(p)(3)(A)’’ in its place as it appears in paragraph (a) and the five places ‘‘3402(p) as it appears in paragraph (b). ■ 3. Adding paragraphs (c) and (d). The revisions and additions read as follows: ■ § 31.3402(p)–1 Agreements. Voluntary Withholding (a) Employer-employee agreement. * * * * * * * * (b) Form and duration of employeremployee agreement. * * * * * * * * (c) [The text of this paragraph (c) is the same as the text of paragraph (c) of § 31.3402(p)–1T published elsewhere in this issue of the Federal Register]. (d) [The text of this paragraph (d) is the same as the text of paragraph (d)(1) of § 31.3402(p)–1T published elsewhere in this issue of the Federal Register]. John Dalrymple, Deputy Commissioner for Services and Enforcement. [FR Doc. 2013–28529 Filed 11–27–13; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 100 [Docket Number USCG–2013–0898] RIN 1625–AA08 Special Local Regulation; Tavares Winter Thunder Vintage Race Boat Regatta, Lake Dora; Tavares, FL Coast Guard, DHS. ACTION: Notice of proposed rulemaking. AGENCY: The Coast Guard is proposing to establish a special local regulation on the waters of Lake Dora in Tavares, Florida during the Tavares Winter Thunder Vintage Race Regatta, a series of high-speed boat races. The event is scheduled for January 17 through 19, 2014. Approximately 60 vessels are anticipated to participate in the races. This proposed special local regulation is necessary to ensure the safety of life on navigable waters of the United States during the races. The special local regulation would establish two areas: A race area, where all persons and vessels, except those participating in the races, sroberts on DSK5SPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 17:32 Nov 27, 2013 Jkt 232001 are prohibited from entering, transiting, anchoring, or remaining; and a buffer zone around the race area, where all persons and vessels, except those enforcing the buffer zone or authorized participants and vessels transiting to the race area, are prohibited from entering, transiting, anchoring, or remaining, unless authorized by the Captain of the Port Jacksonville or a designated representative. DATES: Comments and related material must be received by the Coast Guard on or before December 30, 2013. Requests for public meetings must be received by the Coast Guard on or before December 30, 2013. ADDRESSES: You may submit comments identified by docket number using any one of the following methods: (1) Federal eRulemaking Portal: https://www.regulations.gov. (2) Fax: 202–493–2251. (3) Mail or Delivery: 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. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. The telephone number is 202– 366–9329. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for further instructions on submitting comments. To avoid duplication, please use only one of these three methods. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Lieutenant Junior Grade Shane Alexander, Sector Jacksonville Office of Waterways Management, U.S. Coast Guard; telephone (904) 564–7563, email Shane.L.Alexander@uscg.mil. If you have questions on viewing or submitting material to the docket, call Barbara Hairston, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: Table of Acronyms DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking A. Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 71543 1. Submitting Comments If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online at https:// www.regulations.gov, or by fax, mail, or hand delivery, but please use only one of these means. If you submit a comment online, it will be considered received by the Coast Guard when you successfully transmit the comment. If you fax, hand deliver, or mail your comment, it will be considered as having been received by the Coast Guard when it is received at the Docket Management Facility. We recommend that you include your name and a mailing address, an email address, or a telephone number in the body of your document so that we can contact you if we have questions regarding your submission. To submit your comment online, go to https://www.regulations.gov, type the docket number [USCG–2013–0898] in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on ‘‘Submit a Comment’’ on the line associated with this rulemaking. If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 81⁄2 by 11 inches, suitable for copying and electronic filing. If you submit comments by mail and would like to know that they reached the Facility, please enclose a stamped, self-addressed postcard or envelope. We will consider all comments and material received during the comment period and may change the rule based on your comments. 2. Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to https://www.regulations.gov, type the docket number [USCG–2013–0898] in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 3. Privacy Act Anyone can search the electronic form of comments received into any of E:\FR\FM\29NOP1.SGM 29NOP1

Agencies

[Federal Register Volume 78, Number 230 (Friday, November 29, 2013)]
[Proposed Rules]
[Pages 71542-71543]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28529]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 31

[REG-146620-13]
RIN 1545-BL92


Authority for Voluntary Withholding on Other Payments

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of proposed rulemaking and notice of proposed rulemaking 
by cross reference to temporary regulations.

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

SUMMARY: This document contains proposed regulations under the Internal 
Revenue Code (Code) relating to voluntary withholding agreements. In 
the Rules and Regulations of this issue of the Federal Register, the 
IRS is also issuing temporary regulations to allow the Secretary to 
issue guidance in the Internal Revenue Bulletin to describe payments 
for which the Secretary finds that income tax withholding under a 
voluntary withholding agreement would be appropriate. The text of those 
temporary regulations also generally serves as the text of these 
proposed regulations. The regulations affect persons making and persons 
receiving payments for which the IRS issues subsequent guidance 
authorizing the parties to enter into voluntary withholding agreements.

DATES: Written or electronic comments and requests for a public hearing 
must be received by February 25, 2014.

ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG-146620-13), 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. and 4 p.m. to CC:PA:LPD:PR (REG-
146620-13), Courier's Desk, Internal Revenue Service, 1111 Constitution 
Avenue NW., Washington, DC, or sent electronically via the Federal 
eRulemaking Portal at https://www.regulations.gov (IRS REG-146620-13).

FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, 
Linda L. Conway-Hataloski at (202) 317-6798; concerning submission of 
comments and request for hearing, Oluwafunmilayo (Funmi) Taylor at 
(202) 317-5179 (not toll-free numbers).

SUPPLEMENTARY INFORMATION: 

Background

    Section 3402(p) allows for voluntary income tax withholding 
agreements. Section 3402(p)(3) authorizes the Secretary to provide 
regulations for withholding from (A) remuneration for services 
performed by an employee for the employee's employer which does not 
constitute wages, and (B) from any other payment with respect to which 
the Secretary finds that withholding would be appropriate, if the 
employer and employee, or the person making and the person receiving 
such other type of payment, agree to such withholding. Section 
3402(p)(3) also authorizes the Secretary to prescribe in regulations 
the form and manner of such agreement. Section 31.3402(p)-1 of the 
Employment Tax Regulations describes how an employer and an employee 
may enter into an income tax withholding agreement under section 
3402(p) for amounts that are excepted from the definition of wages in 
section 3401(a).

Explanation of Provisions

    The proposed regulations amend the headings to paragraphs (a) and 
(b) of Sec.  31.3402(p)-1 to clarify that those paragraphs apply to 
voluntary withholding agreements between an employer and employee. 
Temporary regulations in the Rules and Regulations section of this 
issue of the Federal Register also amend the Employment Tax Regulations 
(26 CFR part 31) under section 3402(p). The text of those temporary 
regulations also serves as the text of these proposed regulations. The 
preamble to the temporary regulations explains the amendments.

Special Analyses

    It has been determined that this notice of proposed rulemaking 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 has also been determined that 
5 U.S.C. 533(b) of the Administrative Procedure Act (5 U.S.C. chapter 
5) does not apply to these regulations and because the regulation does 
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 Internal Revenue Code, these 
regulations have been submitted to the Office of Chief Counsel for 
Advocacy of the Small Business Administration for comment on their 
impact on small business.

Comments and Requests for Public Hearing

    Before these proposed regulations are adopted as final regulations, 
consideration will be given to any comments that are submitted timely 
to the IRS as prescribed in the ADDRESSES heading in this preamble. The 
IRS and Treasury Department request comments on all aspects of the 
proposed regulations. All comments will be available at 
www.regulations.gov or upon request.
    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 Linda L. Conway-
Hataloski, Office of Associate Chief Counsel (Tax Exempt and Government 
Entities). However, other personnel from the IRS and Treasury 
Department participated in their development.

List of Subjects in 26 CFR Part 31

    Employment taxes, Income taxes, Penalties, Pensions, Railroad 
retirement, Reporting and recordkeeping requirements, Social security, 
Unemployment compensation.

Proposed Amendments to the Regulations

    Accordingly, 26 CFR part 31 is proposed to be amended as follows:

PART 31--EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT SOURCE

0
Paragraph 1. The authority citation for part 31 continues to read in 
part as follows:

    Authority:  26 U.S.C. 7805 * * *

0
Par. 2. Section 31.3402(p)-1 is amended by:

[[Page 71543]]

0
1. Revising the headings of paragraphs (a) and (b).
0
2. Removing the language ``3402(b)'' in the first sentence and 
``3402(p)'' in the third sentence and adding ``3402(p)(3)(A)'' in its 
place as it appears in paragraph (a) and the five places ``3402(p) as 
it appears in paragraph (b).
0
3. Adding paragraphs (c) and (d).
    The revisions and additions read as follows:


Sec.  31.3402(p)-1  Voluntary Withholding Agreements.

    (a) Employer-employee agreement. * * *
* * * * *
    (b) Form and duration of employer-employee agreement. * * *
* * * * *
    (c) [The text of this paragraph (c) is the same as the text of 
paragraph (c) of Sec.  31.3402(p)-1T published elsewhere in this issue 
of the Federal Register].
    (d) [The text of this paragraph (d) is the same as the text of 
paragraph (d)(1) of Sec.  31.3402(p)-1T published elsewhere in this 
issue of the Federal Register].

John Dalrymple,
Deputy Commissioner for Services and Enforcement.
[FR Doc. 2013-28529 Filed 11-27-13; 8:45 am]
BILLING CODE 4830-01-P

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