This notice provides interim guidance, pending the issuance of regulations, concerning the statute of limitations on assessment for the U.S. income tax liability. If any, of U.S. citizens or resident aliens claiming to be bona fide residents of the US Virgin Islands (USVI). In addition, notice provides new information reporting rules for certain taxpayers claiming to be bona fide residents of the USVI,
We are requesting emergency review of this submission and seek OMB approval by January 30, 2007. This Notice provides critical guidance to individual taxpayers with respect to tax years ending on or after December 31, 2006, and thus is timely guidance with respect to the filing season for 2006 returns. With respect to such returns, the information in this notice explains how bona fide residents of the USVI start the period of limitations by either: (a) filing a return with the USVI tax administration, provided the individual has less than $75,000 of gross income during the year, or (b) in the case of individuals with $75,000 or more of gross income during the taxable year, filing an income tax return with the USVI tax administration and a separate income tax return with the IRS. The proposed notice addresses an area of the tax law drawing comments and/or requests for immediate guidance from taxpayers, the USVI government, and Congress. Included in this notice is a new information reporting requirement for certain U.S. citizens and residents claiming bona fide residency status in the USVI for taxable years ending on or after December 31, 2006. Because the 2006 return filing season has already commenced, it would be detrimental to the mission of the IRS and to legitimate expectations of taxpayers if the IRS does not provide guidance to affected taxpayers with respect to the statute of limitations and this information reporting requirement as soon as possible. The International Tax Counsel at Treasury as well as the Associate Chief Counsel (International) have instructed us to publish this notice at the earliest possible date. OMB review is the only step remaining before this notice can be released. For the foregoing reasons, it is critical that OMB review and process the notice as soon as possible.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.