IRS Code section 1381 requires subchapter T cooperatives to file returns. Previously, farmers' cooperatives filed Form 990-C and other subchapter T cooperatives filed Form 1120. If the subchapter T cooperative does not meet certain requirements, the due date of their return is two and one-half months after the end of their tax year which is the same as the due date for all other corporations. The due date for income tax returns filed by subchapter T cooperatives who meet certain requirements is eight and one-half months after the end of their tax year. Cooperatives who filed their income tax returns on Form 1120 were considered to be late and penalties were assessed since they had not filed by the normal due date for Form 1120. Due to the assessment of the penalties, burden was placed on the taxpayer and on the IRS employees to resolve the issue.
US Code:
26 USC 1381
Name of Law: Organizations to which part applies
Beginning with tax year 2011, Schedule A previously found at the top of page 2 has been deleted. This schedule has been replaced with the stand alone Form 1125-A. Schedule E previously found on page 3 has been deleted. This schedule has been replaced with the stand alone Form 1125-E. Old lines 25, 26a, 26b, 26c, and 26d have been reformatted into new lines 25a, 25b, 25c, 26a, 26b, and 26c. These changes are based on comments we received from the National Council of Farmer Cooperatives. This submission is for renewal purposes, and to correctly reflect the change in burden incurred by these changes.
Changes were made to form 1120-C, per the following statutes and regulations:
170(e)(3)(C)(iv) and 170(e)(3)(D)(iv)
Code sections 181(f) and 198(h)
RP 2011-21
Code section 6651(a)(2)
Code sections 301(c) and 312
TD 9542 which revised Regulations sections 1.195-1(b) and 1.248-1(c)
Code section 108(i)
Revenue Ruling 65-106, 1965-1 C.B. 126
P.L. 110-246, section 15311
Public Law (P.L.) 111-240, sections 2012 and 2013
$4,500
No
No
No
No
No
Uncollected
Devon Stoney 202 927-9488 devon.a.stoney@irs.gov
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:
(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.