Disclosures of Return Information Reflected on Returns to Officers and Employees of the Department of Commerce for Certain Statistical Purposes and Related Activities, 41132-41133 [2014-16599]

Download as PDF 41132 Federal Register / Vol. 79, No. 135 / Tuesday, July 15, 2014 / Rules and Regulations wreier-aviles on DSK5TPTVN1PROD with RULES (b) Use of a TTIN. (1) In general. Except as provided in paragraph (b)(2) of this section, a TTIN may be used to identify any person on any statement or other document that the internal revenue laws require to be furnished to another person. Use of a TTIN is permissive and not mandatory. Use of a TTIN as permitted by this section will not result in application of any penalty for failure to include a correct taxpayer identifying number on any payee statement or other document. For example, the section 6722 penalty for failure to timely furnish a correct statement would not apply solely because the payor used a TTIN as permitted by this section. (2) TTIN not permitted. Use of a TTIN is not permitted in the following circumstances: (i) A TTIN may not be used on a statement or other document if such use is prohibited by statute, regulation, other guidance published in the Internal Revenue Bulletin, form, or instructions. (ii) A TTIN may not be used on a statement or document if a statute, regulation, other guidance published in the Internal Revenue Bulletin, form, or instructions, specifically requires use of a SSN, ITIN, ATIN, or EIN. For example, a TTIN may not be used on a Form W– 8ECI or Form W–8IMY because the forms and/or form instructions specifically prescribe use of an SSN, EIN, or ITIN for the U.S. taxpayer identification number. (iii) A TTIN may not be used on any return, statement, or other document that is required to be filed with or furnished to the Internal Revenue Service. (iv) A person may not truncate its own taxpayer identifying number on any statement or other document that it furnishes to another person. For example, an employer may not truncate its EIN on a Form W–2, Wage and Tax Statement, that the employer furnishes to an employee; and a person may not truncate its TIN on a Form W–9, Request for Taxpayer Identification Number and Certification. (3) Example. The provisions of paragraph (a) are illustrated by the following example: Example. On April 5, year 1, Donor contributes a used car with a blue book value of $1100 to Charitable Organization. On April 20, year 1, Charitable Organization sends Donor copies B and C of the Form 1098–C as a contemporaneous written acknowledgement of the $1100 contribution as required by section 170(f)(12). In lateFebruary, year 2, Charitable Organization prepares and files copy A of Form 1098–C with the IRS, reporting Donor’s donation of a qualified vehicle in year 1. The Charitable VerDate Mar<15>2010 15:12 Jul 14, 2014 Jkt 232001 Organization may use a TTIN in lieu of Donor’s complete SSN in the Donor’s Identification Number box on copies B and C of the Form 1098–C because copies B and C of the Form 1098–C are documents required by the Internal Revenue Code and regulations to be furnished to another person, there are no applicable statutes, regulations, other published guidance, forms or instructions, that prohibit the use of a TTIN on those copies, and, there are no applicable statutes, regulations, other published guidance, forms, or instructions that specifically require use of an SSN or other identifying number on those copies. A TTIN cannot be used on copy A of the Form 1098– C, however, because copy A is required to be filed with the IRS. (c) Effective/applicability date. This section applies on and after July 15, 2014. John Dalrymple, Deputy Commissioner for Services and Enforcement. Approved: May 30, 2014. Mark J. Mazur, Assistant Secretary of the Treasury (Tax Policy). [FR Doc. 2014–16464 Filed 7–14–14; 8:45 am] BILLING CODE 4830–01–P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 301 [TD 9677] RIN 1545–BL60 Disclosures of Return Information Reflected on Returns to Officers and Employees of the Department of Commerce for Certain Statistical Purposes and Related Activities Internal Revenue Service (IRS), Treasury. ACTION: Temporary regulations. AGENCY: This document contains temporary regulations that authorize the disclosure of certain items of return information to the Bureau of the Census (Bureau) pursuant to section 6103(j)(1) of the Internal Revenue Code (Code). The temporary regulations are made pursuant to a request from the Secretary of Commerce. These regulations require no action by taxpayers and have no effect on their tax liabilities. Thus, no taxpayers are likely to be affected by the disclosures authorized by this guidance. The text of the temporary regulations also serves as the text of the proposed regulations set forth in the Proposed Rules section in this issue of the Federal Register. SUMMARY: PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 Effective date: These regulations are effective on July 15, 2014. Applicability date: For dates of applicability, see § 301.6103(j)(1)–1T(e). FOR FURTHER INFORMATION CONTACT: Melissa Avrutine, (202) 317–6833 (not a toll-free number). SUPPLEMENTARY INFORMATION: DATES: Background This document contains amendments to 25 CFR part 301. Section 6103(j)(1)(A) authorizes the Secretary of Treasury to furnish, upon written request by the Secretary of Commerce, such return or return information as the Secretary of Treasury may prescribe by regulation to officers and employees of the Bureau for the purpose of, but only to the extent necessary in, the structuring of censuses and conducting related statistical activities authorized by law. Section 301.6103(j)(1)–1 of the existing regulations further defines such purposes by reference to 13 U.S.C. chapter 5 and provides an itemized description of the return information authorized to be disclosed for such purposes. By letter dated May 10, 2013, the Secretary of Commerce requested that additional items of return information be disclosed to the Bureau for the structuring of the decennial census. Specifically, the Secretary of Commerce requested disclosure of the following additional items: (1) From Form 1040, ‘‘U.S. Individual Income Tax Return,’’ processing: Electronic Filing System Indicator, Return Processing Indicator, and Paid Preparer Code and (2) From Form 1098, ‘‘Mortgage Interest Statement’’: Payee/Payer/Employee Taxpayer Identification Number, Payee/ Payer/Employee Name (First, Middle, Last, Suffix), Street Address, City, State, ZIP Code (9 digit), Posting Cycle Week, Posting Cycle Year, and Document Code. The Secretary of Commerce determined that these items of return information are needed to design a decennial census that costs less per housing unit and still maintains high quality results. A major cost in previous decennial censuses was the high number of follow-up, in-person attempts to collect information from housing units that did not return a completed census form. The Bureau intends to conduct research and testing for the next decennial census using administrative data from federal agencies, state agencies, and commercial vendors to determine whether the number of non-response follow-up visits can be reduced through the strategic reuse of this data. Specifically, the E:\FR\FM\15JYR1.SGM 15JYR1 Federal Register / Vol. 79, No. 135 / Tuesday, July 15, 2014 / Rules and Regulations Bureau aims to achieve the following research initiatives: (1) Validating and enhancing the Master Address File; (2) Designing and assigning resources to carry out the next decennial census; (3) Un-duplicating public, private, and census lists; and (4) Imputing missing data. All administrative data from the above sources, including return information, will be integrated into the Bureau’s data system that is used for the next decennial census and housing counts and will be done in a manner such that the source (for example, commercial vendor, IRS, or Social Security Administration) will not be associated with any data element in the final decennial person-level census records. Thus, the Secretary of Commerce asserted that good cause exists to amend § 301.6103(j)(1)–1 of the regulations to add these items to the list of items of return information that may be disclosed to the Bureau. The Treasury Department and the IRS agree that amending existing regulations to permit disclosure of these items to the Bureau is appropriate to meet the needs of the Bureau. The text of the temporary regulations also serves as the text of the proposed regulations set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section of this issue of the Federal Register. wreier-aviles on DSK5TPTVN1PROD with RULES Explanation of Provisions Section 6103(j)(1)–1T will authorize the disclosure of the following additional items of return information from income tax returns (Form 1040): (1) Electronic Filing System Indicator; (2) Return Processing Indicator; and (3) Paid Preparer Code. Section 6103(j)(1)– 1T will authorize the disclosure of the following items of return information from Form 1098: (1) Payee/Payer/ Employee Taxpayer Identification Number; (2) Payee/Payer/Employee Name (First, Middle, Last, Suffix); (3) Street Address; (4) City; (5) State; (6) ZIP Code (9 digit); (7) Posting Cycle Week; (8) Posting Cycle Year; and (9) Document Code. Special Analyses It has been determined that these temporary regulations are 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 Procedures Act (5 U.S.C. chapter 5) does not apply to these regulations and because the regulation does not impose a collection of VerDate Mar<15>2010 15:12 Jul 14, 2014 Jkt 232001 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 regulation has been submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small business. Drafting Information The principal author of these regulations is Melissa Avrutine, Office of the Associate Chief Counsel (Procedure and Administration). List of Subjects in 26 CFR Part 301 Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income taxes, Penalties, Reporting and recordkeeping requirements. Amendments to the Regulations Accordingly, 26 CFR part 301 is amended as follows: 41133 (v) State; (vi) ZIP Code (9 digit); (vii) Posting Cycle Week; (viii) Posting Cycle Year; and (ix) Document Code. (c) through (d)(3)(ii) [Reserved]. For further guidance see § 301.6103(j)(1)– 1(c) through (d)(3)(ii). (e) Effective/applicability date. This section applies to disclosures to the Bureau of the Census made on or after July 15, 2014. (f) Expiration date. The applicability of this section expires on or before July 14, 2017. John Dalrymple, Deputy Commissioner for Services and Enforcement. Approved: June 9, 2014. Mark J. Mazur, Assistant Secretary of the Treasury (Tax Policy). [FR Doc. 2014–16599 Filed 7–14–14; 8:45 am] BILLING CODE 4830–01–P PART 301—PROCEDURE AND ADMINISTRATION Paragraph 1. The authority citation for part 301 continues to read in part as follows: ■ Authority: 26 U.S.C. 7805 * * * Par. 2. Section 301.6103(j)(1)–1T is added to read as follows: ■ § 301.6103(j)(1)–1T Disclosures of return information reflected on returns to officers and employees of the Department of Commerce for certain statistical purposes and related activities (temporary). (a) through (b)(1)(xvii) [Reserved]. For further guidance see § 301.6103(j)(1)– 1(a) through (b)(1)(xvii). (xviii) Electronic Filing System Indicator. (xix) Return Processing Indicator. (xx) Paid Preparer Code. (b)(2) through (b)(6)(iii) [Reserved]. For further guidance see § 301.6103(j)(1)–1(b)(2) through (b)(6)(iii). (b)(7) Officers or employees of the Internal Revenue Service will disclose the following return information reflected on Form 1098 ‘‘Mortgage Interest Statement’’ to officers and employees of the Bureau of the Census for purposes of, but only to the extent necessary in, conducting and preparing, as authorized by chapter 5 of title 13, United States Code, demographic statistics programs, censuses, and surveys— (i) Payee/Payer/Employee Taxpayer Identification Number; (ii) Payee/Payer/Employee Name (First, Middle, Last, Suffix); (iii) Street Address; (iv) City; PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 PENSION BENEFIT GUARANTY CORPORATION 29 CFR Part 4022 Benefits Payable in Terminated SingleEmployer Plans; Interest Assumptions for Paying Benefits Pension Benefit Guaranty Corporation. ACTION: Final rule. AGENCY: This final rule amends the Pension Benefit Guaranty Corporation’s regulation on Benefits Payable in Terminated Single-Employer Plans to prescribe interest assumptions under the regulation for valuation dates in August 2014. The interest assumptions are used for paying benefits under terminating single-employer plans covered by the pension insurance system administered by PBGC. DATES: Effective August 1, 2014. FOR FURTHER INFORMATION CONTACT: Catherine B. Klion. (Klion.Catherine@ pbgc.gov), Assistant General Counsel for Regulatory Affairs, Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 20005, 202–326– 4024. (TTY/TDD users may call the Federal relay service toll-free at 1–800– 877–8339 and ask to be connected to 202–326–4024.) SUPPLEMENTARY INFORMATION: PBGC’s regulation on Benefits Payable in Terminated Single-Employer Plans (29 CFR Part 4022) prescribes actuarial assumptions—including interest assumptions—for paying plan benefits under terminating single-employer SUMMARY: E:\FR\FM\15JYR1.SGM 15JYR1

Agencies

[Federal Register Volume 79, Number 135 (Tuesday, July 15, 2014)]
[Rules and Regulations]
[Pages 41132-41133]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16599]


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

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 301

[TD 9677]
RIN 1545-BL60


Disclosures of Return Information Reflected on Returns to 
Officers and Employees of the Department of Commerce for Certain 
Statistical Purposes and Related Activities

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Temporary regulations.

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

SUMMARY: This document contains temporary regulations that authorize 
the disclosure of certain items of return information to the Bureau of 
the Census (Bureau) pursuant to section 6103(j)(1) of the Internal 
Revenue Code (Code). The temporary regulations are made pursuant to a 
request from the Secretary of Commerce. These regulations require no 
action by taxpayers and have no effect on their tax liabilities. Thus, 
no taxpayers are likely to be affected by the disclosures authorized by 
this guidance. The text of the temporary regulations also serves as the 
text of the proposed regulations set forth in the Proposed Rules 
section in this issue of the Federal Register.

DATES: Effective date: These regulations are effective on July 15, 
2014.
    Applicability date: For dates of applicability, see Sec.  
301.6103(j)(1)-1T(e).

FOR FURTHER INFORMATION CONTACT: Melissa Avrutine, (202) 317-6833 (not 
a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

    This document contains amendments to 25 CFR part 301. Section 
6103(j)(1)(A) authorizes the Secretary of Treasury to furnish, upon 
written request by the Secretary of Commerce, such return or return 
information as the Secretary of Treasury may prescribe by regulation to 
officers and employees of the Bureau for the purpose of, but only to 
the extent necessary in, the structuring of censuses and conducting 
related statistical activities authorized by law. Section 
301.6103(j)(1)-1 of the existing regulations further defines such 
purposes by reference to 13 U.S.C. chapter 5 and provides an itemized 
description of the return information authorized to be disclosed for 
such purposes.
    By letter dated May 10, 2013, the Secretary of Commerce requested 
that additional items of return information be disclosed to the Bureau 
for the structuring of the decennial census. Specifically, the 
Secretary of Commerce requested disclosure of the following additional 
items: (1) From Form 1040, ``U.S. Individual Income Tax Return,'' 
processing: Electronic Filing System Indicator, Return Processing 
Indicator, and Paid Preparer Code and (2) From Form 1098, ``Mortgage 
Interest Statement'': Payee/Payer/Employee Taxpayer Identification 
Number, Payee/Payer/Employee Name (First, Middle, Last, Suffix), Street 
Address, City, State, ZIP Code (9 digit), Posting Cycle Week, Posting 
Cycle Year, and Document Code.
    The Secretary of Commerce determined that these items of return 
information are needed to design a decennial census that costs less per 
housing unit and still maintains high quality results. A major cost in 
previous decennial censuses was the high number of follow-up, in-person 
attempts to collect information from housing units that did not return 
a completed census form. The Bureau intends to conduct research and 
testing for the next decennial census using administrative data from 
federal agencies, state agencies, and commercial vendors to determine 
whether the number of non-response follow-up visits can be reduced 
through the strategic reuse of this data. Specifically, the

[[Page 41133]]

Bureau aims to achieve the following research initiatives: (1) 
Validating and enhancing the Master Address File; (2) Designing and 
assigning resources to carry out the next decennial census; (3) Un-
duplicating public, private, and census lists; and (4) Imputing missing 
data. All administrative data from the above sources, including return 
information, will be integrated into the Bureau's data system that is 
used for the next decennial census and housing counts and will be done 
in a manner such that the source (for example, commercial vendor, IRS, 
or Social Security Administration) will not be associated with any data 
element in the final decennial person-level census records.
    Thus, the Secretary of Commerce asserted that good cause exists to 
amend Sec.  301.6103(j)(1)-1 of the regulations to add these items to 
the list of items of return information that may be disclosed to the 
Bureau. The Treasury Department and the IRS agree that amending 
existing regulations to permit disclosure of these items to the Bureau 
is appropriate to meet the needs of the Bureau.
    The text of the temporary regulations also serves as the text of 
the proposed regulations set forth in the notice of proposed rulemaking 
on this subject in the Proposed Rules section of this issue of the 
Federal Register.

Explanation of Provisions

    Section 6103(j)(1)-1T will authorize the disclosure of the 
following additional items of return information from income tax 
returns (Form 1040): (1) Electronic Filing System Indicator; (2) Return 
Processing Indicator; and (3) Paid Preparer Code. Section 6103(j)(1)-1T 
will authorize the disclosure of the following items of return 
information from Form 1098: (1) Payee/Payer/Employee Taxpayer 
Identification Number; (2) Payee/Payer/Employee Name (First, Middle, 
Last, Suffix); (3) Street Address; (4) City; (5) State; (6) ZIP Code (9 
digit); (7) Posting Cycle Week; (8) Posting Cycle Year; and (9) 
Document Code.

Special Analyses

    It has been determined that these temporary regulations are 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 Procedures 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 Code, this regulation has been submitted to the 
Chief Counsel for Advocacy of the Small Business Administration for 
comment on its impact on small business.

Drafting Information

    The principal author of these regulations is Melissa Avrutine, 
Office of the Associate Chief Counsel (Procedure and Administration).

List of Subjects in 26 CFR Part 301

    Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income 
taxes, Penalties, Reporting and recordkeeping requirements.

Amendments to the Regulations

    Accordingly, 26 CFR part 301 is amended as follows:

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 301.6103(j)(1)-1T is added to read as follows:


Sec.  301.6103(j)(1)-1T  Disclosures of return information reflected on 
returns to officers and employees of the Department of Commerce for 
certain statistical purposes and related activities (temporary).

    (a) through (b)(1)(xvii) [Reserved]. For further guidance see Sec.  
301.6103(j)(1)-1(a) through (b)(1)(xvii).
    (xviii) Electronic Filing System Indicator.
    (xix) Return Processing Indicator.
    (xx) Paid Preparer Code.
    (b)(2) through (b)(6)(iii) [Reserved]. For further guidance see 
Sec.  301.6103(j)(1)-1(b)(2) through (b)(6)(iii).
    (b)(7) Officers or employees of the Internal Revenue Service will 
disclose the following return information reflected on Form 1098 
``Mortgage Interest Statement'' to officers and employees of the Bureau 
of the Census for purposes of, but only to the extent necessary in, 
conducting and preparing, as authorized by chapter 5 of title 13, 
United States Code, demographic statistics programs, censuses, and 
surveys--
    (i) Payee/Payer/Employee Taxpayer Identification Number;
    (ii) Payee/Payer/Employee Name (First, Middle, Last, Suffix);
    (iii) Street Address;
    (iv) City;
    (v) State;
    (vi) ZIP Code (9 digit);
    (vii) Posting Cycle Week;
    (viii) Posting Cycle Year; and
    (ix) Document Code.
    (c) through (d)(3)(ii) [Reserved]. For further guidance see Sec.  
301.6103(j)(1)-1(c) through (d)(3)(ii).
    (e) Effective/applicability date. This section applies to 
disclosures to the Bureau of the Census made on or after July 15, 2014.
    (f) Expiration date. The applicability of this section expires on 
or before July 14, 2017.

John Dalrymple,
Deputy Commissioner for Services and Enforcement.
    Approved: June 9, 2014.
 Mark J. Mazur,
Assistant Secretary of the Treasury (Tax Policy).
[FR Doc. 2014-16599 Filed 7-14-14; 8:45 am]
BILLING CODE 4830-01-P

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