REG-142039-06; REG-139268-06 - Disclosure Requirements With Respect to Prohibited Tax Shelter Transactions (TD 9334- Temp/Final)

Forms and Documents

Document Name	Status
TIPRA OMB emergency submission(2).doc Supporting Statement A	2008-11-13

IC Document Collections

IC ID	Document Title	Status
179771	Disclosure Requirements With Respect to Prohibited Tax Shelter Transaction	Modified

ICR Details

OMB Control No: 1545-2079	ICR Reference No: 200811-1545-010
Status: Historical Active	Previous ICR Reference No: 200704-1545-051
Agency/Subagency: TREAS/IRS	Agency Tracking No:
Title: REG-142039-06; REG-139268-06 - Disclosure Requirements With Respect to Prohibited Tax Shelter Transactions (TD 9334- Temp/Final)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/17/2008
	Date Received in OIRA: 11/13/2008
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2011	36 Months From Approved
Responses	6,500	0	0
Time Burden (Hours)	98,500	0	0
Cost Burden (Dollars)	0	0	0

---

Abstract: This document contains proposed regulations that provide guidance under section 4965 of the Internal Revenue Code (“Code”), relating to excise taxes with respect to prohibited tax shelter transactions to which tax-exempt entities are parties, and sections 6033(a)(2) and 6011(g) of the Code, relating to certain disclosure obligations with respect to such transactions.

---

Authorizing Statute(s): US Code: 26 USC 6011(g) Name of Law: Income, estate, and gift taxes
   US Code: 26 USC 6033(a)(2) Name of Law: Returns by exempt organizations
   US Code: 26 USC 4965 Name of Law: Excise tax on certain tax-exempt entities entering into prohibited tax shelter transactions
  

Citations for New Statutory Requirements: US Code: 26 USC 6011 Name of Law: Income, estate, and gift taxes

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1545-BG18	Final or interim final rulemaking	72 FR 36871	07/06/2007

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Disclosure Requirements With Respect to Prohibited Tax Shelter Transaction

---

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	6,500	0	6,500	0	0	0
Annual Time Burden (Hours)	98,500	0	98,500	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This document contains final and temporary regulations providing guidance relating to the requirement of a return to accompany payment of excise taxes under section 4965 of the Internal Revenue Code (Code) and the time for filing that return. These regulations affect a broad array of tax-exempt entities, including charities, state and local government entities, Indian tribal governments and employee benefit plans, as well as entity managers of these entities. This action is necessary to implement section 516 of the Tax Increase Prevention and Reconciliation Act of 2005.

---

Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 11/13/2008

---