Department of Treasury January 2006 – Federal Register Recent Federal Regulation Documents

Open Meeting of the Taxpayer Advocacy Panel Volunteer Income Tax Assistance (VITA) Issue Committee
Document Number: E6-737
Type: Notice
Date: 2006-01-23
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
An open meeting of the Taxpayer Advocacy Panel VITA Issue Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comment, ideas, and suggestions on improving customer service at the Internal Revenue Service.
Open Meeting of the Taxpayer Advocacy Panel Earned Income Tax Credit Issue Committee
Document Number: E6-736
Type: Notice
Date: 2006-01-23
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
An open meeting of the Taxpayer Advocacy Panel Earned Income Tax Credit Issue Committee will be conducted (via teleconference). The Taxpayer Advocacy Panel is soliciting public comments, ideas and suggestions on improving customer service at the Internal Revenue Service.
Open Meeting of the AD Hoc Committee of the Taxpayer Advocacy Panel
Document Number: E6-734
Type: Notice
Date: 2006-01-23
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
An open meeting of the AD Hoc Committee of the Taxpayer Advocacy Panel will be conducted (via teleconference). The Taxpayer Advocacy Panel is soliciting public comments, ideas and suggestions on improving customer service at the Internal Revenue Service.
Proposed Collection: Comment Request
Document Number: E6-622
Type: Notice
Date: 2006-01-20
Agency: Department of the Treasury, Bureau of the Public Debt, Public Debt Bureau, Department of Treasury
The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A). Currently the Bureau of the Public Debt within the Department of the Treasury is soliciting comments concerning the electronic process for selling/issuing, servicing, and making payments on or redeeming U.S. Treasury securities.
Proposed Collection: Comment Request
Document Number: E6-620
Type: Notice
Date: 2006-01-20
Agency: Department of the Treasury, Bureau of the Public Debt, Public Debt Bureau, Department of Treasury
The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A). Currently the Bureau of the Public Debt within the Department of the Treasury is soliciting comments concerning the Application For DispositionUnited States Savings Bonds/Notes and/or Related Checks Owned by Decedent Whose Estate Is Being Settled Without Administration.
Miscellaneous Changes to Collection Due Process Procedures Relating to Notice and Opportunity for Hearing Prior to Levy; Hearing Cancellation
Document Number: 06-535
Type: Proposed Rule
Date: 2006-01-20
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document cancels a public hearing on proposed regulations relating to a taxpayer's right to a hearing before or after levy under section 6330 of the Internal Revenue Code of 1986.
Deemed Election To Be an Association Taxable as a Corporation for a Qualified Electing S Corporation; Correction
Document Number: 06-507
Type: Rule
Date: 2006-01-20
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document adds the text that was inadvertently removed from the Code of Federal Regulations in TD 9203, which was published in the Federal Register on Monday, May 23, 2005 (70 FR 29452).
Proposed Collection; Comment Request for Regulation Project
Document Number: E6-428
Type: Notice
Date: 2006-01-18
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning REG-161424-01 (Final), Information Reporting for Qualified Tuition and Related Expenses; Magnetic Media Filing Requirements for Information Returns, and REG-105316-98 (Final), Information Reporting for Payments of Interest on Qualified Education Loans; Magnetic Media Filing Requirements for Information (TD 8992).
Agency Information Collection Activities: Submission for OMB Review; Comment Request
Document Number: E6-405
Type: Notice
Date: 2006-01-17
Agency: Office of the Comptroller of the Currency, Department of Treasury, Department of the Treasury, Comptroller of the Currency
The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a continuing information collection, as required by the Paperwork Reduction Act of 1995. An agency may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid OMB control number. The OCC is soliciting comment concerning its information collection titled, ``Community and Economic Development Entities, Community Development Projects12 CFR part 24.'' The OCC also gives notice that it has sent the information collection to OMB for review and approval.
Miscellaneous Changes to Collection Due Process Procedures Relating to Notice and Opportunity for Hearing Upon Filing of Notice of Federal Tax Lien; Hearing Cancellation
Document Number: E6-365
Type: Proposed Rule
Date: 2006-01-17
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document cancels a public hearing on proposed regulations relating to a taxpayer's right to a hearing under section 6320 of the Internal Revenue Code of 1986 after the filing of a notice of Federal tax lien (NFTL).
Guidance Under Subpart F Relating to Partnerships
Document Number: E6-356
Type: Proposed Rule
Date: 2006-01-17
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
In the Rule and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations that provide rules for determining whether a controlled foreign corporation's (CFC's) distributive share of partnership income is excluded from foreign personal holding company income under the exception contained in section 954(i). The regulations will affect CFCs that are qualified insurance companies, as defined in section 953(e)(3), that have an interest in a partnership and U.S. shareholders of such CFCs. The text of those temporary regulations also serves as the text of these proposed regulations.
Substitute for Return; Hearing
Document Number: E6-352
Type: Proposed Rule
Date: 2006-01-17
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document provides notice of public hearing on proposed regulations relating to the IRS preparing or executing returns for persons who fail to make required returns.
Application of Section 409A to Nonqualified Deferred Compensation Plans; Correction
Document Number: 06-395
Type: Proposed Rule
Date: 2006-01-17
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document corrects a notice of proposed rulemaking that was published in the Federal Register on Tuesday, October 4, 2005 (70 FR 57930), regarding the application of section 409A to nonqualified deferred compensation plans. The regulations affect service providers receiving amounts of deferred compensation, and the service recipients for whom the service providers provide services.
Notice of Call for Redemption: 137/8
Document Number: 06-360
Type: Notice
Date: 2006-01-17
Agency: Office of the Secretary, Department of the Treasury, Department of Treasury
Guidance Under Subpart F Relating to Partnerships
Document Number: 06-355
Type: Rule
Date: 2006-01-17
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains final and temporary regulations providing guidance under subpart F relating to partnerships. The temporary regulations add rules for determining whether a controlled foreign corporation's (CFC's) distributive share of partnership income is excluded from foreign personal holding company income under the exception contained in section 954(i). These temporary regulations will affect CFCs that are qualified insurance companies, as defined in section 953(e)(3), that have an interest in a partnership and U.S. shareholders of such CFCs. The text of these 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.
Estate Tax; Estates of Decedents Dying After August 16, 1954
Document Number: 06-55501
Type: Rule
Date: 2006-01-13
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
Concentrations in Commercial Real Estate Lending, Sound Risk Management Practices
Document Number: 06-340
Type: Notice
Date: 2006-01-13
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions, Office of the Comptroller of the Currency, Department of Treasury, Department of the Treasury, Office of Thrift Supervision, Board of the Governors of the Federal Reserve System, Comptroller of the Currency
The OCC, Board, FDIC, and OTS (the Agencies), request comment on this proposed guidance entitled, Concentrations in Commercial Real Estate Lending, Sound Risk Management Practices (Guidance). The Agencies have observed that some institutions have high and increasing concentrations of commercial real estate loans on their balance sheets and are concerned that these concentrations may make the institutions more vulnerable to cyclical commercial real estate markets. This proposed Guidance helps identify institutions with commercial real estate loan concentrations that may be subject to greater supervisory scrutiny. As provided in the proposed Guidance, such institutions should have in place risk management practices and capital levels appropriate to the risk associated with these concentrations.
Departmental Offices; Debt Management Advisory Committee Meeting
Document Number: 06-297
Type: Notice
Date: 2006-01-13
Agency: Department of the Treasury, Department of Treasury
Withholding of District of Columbia, State, City and County Income or Employment Taxes by Federal Agencies
Document Number: 06-238
Type: Rule
Date: 2006-01-13
Agency: Fiscal Service, Public Debt Bureau, Department of Treasury, Department of the Treasury
The Financial Management Service is issuing this final rule which governs the withholding of District of Columbia, State, City and County income or employment taxes by Federal agencies. This rule revises the office within the Department of the Treasury which will correspond with government entities requesting that the Secretary of the Treasury enter into an agreement with them for the mandatory withholding of the requesting entity's taxes from Federal employees' salaries. The revision is necessary in order to streamline the process by which Treasury receives such requests and responds to them. The revision also updates the regulation by removing outdated provisions no longer applicable.
Submission for OMB Review; Comment Request
Document Number: E6-197
Type: Notice
Date: 2006-01-12
Agency: Department of the Treasury, Department of Treasury
Economic Sanctions Enforcement Procedures for Banking Institutions
Document Number: 06-278
Type: Rule
Date: 2006-01-12
Agency: Department of the Treasury, Office of Foreign Assets Control, Foreign Assets Control Office, Department of Treasury
The Office of Foreign Assets Control (``OFAC'') of the U.S. Department of the Treasury is issuing this interim final rule, ``Economic Sanctions Enforcement Procedures for Banking Institutions,'' along with a request for comments. This interim final rule supercedes OFAC's proposed rule of January 29, 2003,\1\ to the extent that the proposed rule applies to ``banking institutions,'' as defined below. These administrative procedures are published as an appendix to the Reporting, Procedures and Penalties Regulations, 31 CFR Part 501.
Reporting and Procedures Regulations: Cuban Assets Control Regulations; Economic Sanctions Enforcement Guidelines; Partial Withdrawal
Document Number: 06-277
Type: Proposed Rule
Date: 2006-01-12
Agency: Department of the Treasury, Office of Foreign Assets Control, Foreign Assets Control Office, Department of Treasury
This document withdraws in part the proposed rule published on January 29, 2003, relating to the economic sanctions enforcement guidelines.\1\ In addition, in the Rules and Regulations section of this issue of the Federal Register, the Treasury Department is issuing an interim final ruleEconomic Sanctions Enforcement Procedures for Banking Institutions.
Obligations of States and Political Subdivisions; Correction
Document Number: 06-250
Type: Rule
Date: 2006-01-12
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document corrects final regulations (TD 9234) that was published in the Federal Register on Monday, December 19, 2005 (70 FR 75028). The final regulations relates to the definition of private activity bond applicable to tax-exempt bonds issued by State and local governments.
Submission for OMB Review; Comment Request
Document Number: E6-152
Type: Notice
Date: 2006-01-11
Agency: Department of the Treasury, Department of Treasury
Financial Crimes Enforcement Network; Proposed Collection; Comment Request; Currency Transaction Report by Casinos
Document Number: 06-246
Type: Notice
Date: 2006-01-11
Agency: Department of the Treasury, Department of Treasury
As part of our continuing effort to reduce paperwork and respondent burden, we invite comment on a proposed extension, without change, of an existing information collection requirement contained in the form, ``Currency Transaction Report by Casinos, Financial Crimes Enforcement Network Form 103.'' This request for comments is being made pursuant to the Paperwork Reduction Act of 1995, Public Law 104-13, 44 U.S.C. 3506(c)(2)(A).
Proposed Information Collection; Comment Request
Document Number: 06-208
Type: Notice
Date: 2006-01-10
Agency: Alcohol and Tobacco Tax and Trade Bureau, Department of Treasury, Department of the Treasury
As part of our continuing effort to reduce paperwork and respondent burden, we invite the public and other Federal agencies to comment on proposed and continuing information collections, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). We invite comments on the continuing information collections listed below in this notice.
Proposed Establishment of the Saddle Rock-Malibu Viticultural Area (2003R-110P)
Document Number: 06-207
Type: Proposed Rule
Date: 2006-01-10
Agency: Alcohol and Tobacco Tax and Trade Bureau, Department of Treasury, Department of the Treasury
The Alcohol and Tobacco Tax and Trade Bureau proposes to establish the ``Saddle Rock-Malibu'' viticultural area in Los Angeles County, California. The proposed area consists of approximately 2,090 acres, approximately 5 miles inland from the Pacific Ocean and 32 miles west of downtown Los Angeles. We designate viticultural areas to allow vintners to better describe the origin of their wines and to allow consumers to better identify wines they may purchase. We invite comments on this proposed addition to our regulations.
Agency Information Collection Activities: Submission for OMB Review; Comment Request
Document Number: 06-199
Type: Notice
Date: 2006-01-10
Agency: Office of the Comptroller of the Currency, Department of Treasury, Department of the Treasury, Comptroller of the Currency
The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a continuing information collection, as required by the Paperwork Reduction Act of 1995. An agency may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid OMB control number. The OCC is soliciting comment concerning its information collection titled, ``Fiduciary Activities of National Banks12 CFR part 9.'' The OCC also gives notice that it has sent the information collection to OMB for review and approval.
Departmental Offices; Interim Guidance Concerning the Terrorism Risk Insurance Extension Act of 2005
Document Number: E5-8281
Type: Notice
Date: 2006-01-05
Agency: Department of the Treasury, Department of Treasury
This notice provides interim guidance to insurers, policyholders, state insurance regulators and the public concerning recent statutory amendments to the Terrorism Risk Insurance Act of 2002 (Pub. L. 107-297, 116 Stat. 2322). In particular, this notice provides interim guidance on the types of commercial property and casualty insurance covered by the Act, the requirements to satisfy the Act's mandatory availability (``make available'') provision and on the operation of the new ``Program Trigger'' provision in section 103(e)(1)(B) of the Act.
Submission for OMB Review; Comment Request
Document Number: E5-8248
Type: Notice
Date: 2006-01-04
Agency: Department of the Treasury, Department of Treasury
Submission for OMB Review; Comment Request
Document Number: E5-8247
Type: Notice
Date: 2006-01-04
Agency: Department of the Treasury, Department of Treasury
Financial Crimes Enforcement Network; Anti-Money Laundering Programs; Special Due Diligence Programs for Certain Foreign Accounts
Document Number: 06-6
Type: Proposed Rule
Date: 2006-01-04
Agency: Department of the Treasury, Department of Treasury
The Financial Crimes Enforcement Network is issuing this proposed Bank Secrecy Act regulation to implement section 312 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001 (``Act''), which requires U.S. financial institutions to conduct enhanced due diligence with regard to correspondent accounts established, maintained, administered, or managed for certain types of foreign banks. We originally published a notice of proposed rulemaking seeking to implement section 312 in its entirety on May 30, 2002. Due to the significant number of issues raised during the comment period, we have determined that it is necessary and appropriate to issue another notice of proposed rulemaking (``Proposal'') to address issues associated with the enhanced due diligence provisions. A final rule implementing all other provisions of section 312 is published elsewhere in this separate part of the Federal Register.
Financial Crimes Enforcement Network; Anti-Money Laundering Programs; Special Due Diligence Programs for Certain Foreign Accounts
Document Number: 06-5
Type: Rule
Date: 2006-01-04
Agency: Department of the Treasury, Department of Treasury
The Financial Crimes Enforcement Network is issuing this final rule to implement the requirements contained in section 312 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act of 2001 (the Act). Section 312 requires U.S. financial institutions to establish due diligence policies, procedures, and controls reasonably designed to detect and report money laundering through correspondent accounts and private banking accounts that U.S. financial institutions establish or maintain for non-U.S. persons. This final rule supercedes an interim final rule we issued on July 23, 2002. The interim final rule temporarily deferred application of the requirements contained in section 312 for certain financial institutions and provided guidance, pending issuance of a final rule, to those financial institutions for which compliance with section 312 was not deferred. We are publishing elsewhere in this separate part of the Federal Register a Notice of Proposed Rulemaking implementing section 312, and focusing exclusively on enhanced due diligence requirements.
Request for Burden Reduction Recommendations; Rules Relating to Prompt Corrective Action and the Disclosure and Reporting of CRA-Related Agreements; Economic Growth and Regulatory Paperwork Reduction Act of 1996 Review
Document Number: 06-12
Type: Proposed Rule
Date: 2006-01-04
Agency: Federal Deposit Insurance Corporation, Agencies and Commissions, Federal Reserve System, Office of the Comptroller of the Currency, Department of Treasury, Department of the Treasury, Office of Thrift Supervision, Comptroller of the Currency
The OCC, Board, FDIC and OTS (``we'' or ``the Agencies'') are reviewing our regulations to identify outdated, unnecessary, or unduly burdensome regulatory requirements pursuant to the Economic Growth and Regulatory Paperwork Reduction Act of 1996 (EGRPRA). Today, we request your comments and suggestions on ways to reduce burden with respect to rules regarding Prompt Corrective Action and the Disclosure and Reporting of CRA-Related Agreements, which are in the Capital and Community Reinvestment Act categories of regulations. All comments are welcome. We specifically invite comment on the following issues: whether statutory changes are needed; whether the regulations contain requirements that are not needed to serve the purposes of the statutes they implement; the extent to which the regulations may adversely affect competition; whether the cost of compliance associated with reporting, recordkeeping, and disclosure requirements, particularly on small institutions, is justified; whether any regulatory requirements are inconsistent or redundant; and whether any regulations are unclear. This is our last request for comment on categories of regulations in the first 10-year cycle of regulatory review under EGRPRA. We will analyze the comments received and propose burden-reducing changes to our regulations where appropriate. Some of your suggestions for burden reduction might require legislative changes. Where legislative changes would be required, we will consider your suggestions in recommending appropriate changes to Congress.
Submission for OMB Review; Comment Request
Document Number: E5-8197
Type: Notice
Date: 2006-01-03
Agency: Department of the Treasury, Department of Treasury
Time for Filing Employment Tax Returns and Modifications to the Deposit Rules
Document Number: 05-24565
Type: Rule
Date: 2006-01-03
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains temporary regulations establishing the Employers' Annual Federal Tax Program (Form 944) (hereinafter referred to as the Form 944 Program). The temporary regulations relate to sections 6011 and 6302 of the Internal Revenue Code (Code) concerning reporting and paying income taxes withheld from wages and reporting and paying taxes under the Federal Insurance Contributions Act (FICA) (collectively, employment taxes). These temporary regulations provide requirements for filing returns under FICA and returns of income tax withheld under section 6011 and Sec. Sec. 31.6011(a)-1 and 31.6011(a)- 4 of the Employment Tax Regulations. These temporary regulations generally require employers who receive written notification from the Commissioner of their qualification for the Form 944 Program to file a Form 944, ``Employer's Annual Federal Tax Return,'' rather than Form 941, ``Employer's Quarterly Federal Tax Return.'' In addition, these temporary regulations provide requirements for employers to make deposits of employment taxes under section 6302 and Sec. 31.6302-1. These temporary regulations permit employers in the Form 944 Program to deposit or remit their accumulated employment taxes annually with their Form 944 if they satisfy the provisions of the de minimis deposit rule, as modified. Also, these temporary regulations modify the lookback period used to determine an employer's status as a monthly or semi-weekly depositor. The portions of this document that are final regulations provide necessary cross-references to the temporary regulations as well as technical revisions. The technical revisions correct the table of contents in Sec. 31.6302-0 and a cross-reference in Sec. 31.6302- 1(e)(2) and remove all references to an IRS district director, as that position no longer exists within the IRS. In addition, a cross- reference to the temporary regulations under section 6011 was added to the final regulations under section 6071, regarding the time for filing returns. The text of the temporary regulations also serves, in part, as the text of the proposed regulations set forth in the Proposed Rules section in this issue of the Federal Register. In addition to the provisions contained in these temporary regulations related to the Form 944 Program, the proposed regulations provide a modification to the de minimis deposit rule applicable to quarterly return filers.
Time for Filing Employment Tax Returns and Modifications to the Deposit Rules
Document Number: 05-24563
Type: Proposed Rule
Date: 2006-01-03
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations relating to the annual filing of Federal employment tax returns and requirements for employment tax deposits for employers in the Employers' Annual Federal Tax Program (Form 944) (hereinafter referred to as the Form 944 Program). Those temporary regulations provide requirements for filing returns to report the Federal Insurance Contributions Act (FICA) taxes and income tax withheld under section 6011 of the Internal Revenue Code (Code) and Sec. Sec. 31.6011(a)-1 and 31.6011(a)-4. Those regulations also require employers qualified for the Form 944 Program to file Federal employment tax returns annually. In addition, those regulations provide requirements for employers to make deposits of tax under FICA and the income tax withholding provisions of the Code (collectively, employment taxes) under section 6302 of the Code and Sec. 31.6302-1. The text of those regulations serves, in part, as the text of these proposed regulations. In addition to rules related to the Form 944 Program, these proposed regulations provide an additional method for quarterly return filers to determine whether the amount of accumulated employment taxes is considered de minimis. This document also provides notice of a public hearing.
Designated Roth Contributions to Cash or Deferred Arrangements Under Section 401(k)
Document Number: 05-24495
Type: Rule
Date: 2006-01-03
Agency: Internal Revenue Service, Department of Treasury, Department of the Treasury
This document contains amendments to the regulations under section 401(k) and (m) of the Internal Revenue Code. These regulations provide guidance concerning the requirements for designated Roth contributions under qualified cash or deferred arrangements described in section 401(k). These regulations affect section 401(k) plans that provide for designated Roth contributions and participants eligible to make elective contributions under these plans.
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