Form 8938, Statement of Specified Foreign Financial Assets

Forms and Documents

Document Name	Status
Form 8938 Form 8938, Statement of Foreign Financial Assets Form	Modified
Supporting Statement for 1545-2195.doc Supporting Statement A	2014-05-20
2013 burden recaluation.pdf Supplementary Document	2013-12-26

IC Document Collections

IC ID	Document Title	Status
194558	Form 8938, Statement of Foreign Financial Assets Form	Modified

ICR Details

OMB Control No: 1545-2195	ICR Reference No: 201312-1545-026
Status: Historical Active	Previous ICR Reference No: 201101-1545-001
Agency/Subagency: TREAS/IRS	Agency Tracking No: GJS
Title: Form 8938, Statement of Specified Foreign Financial Assets
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/04/2015
	Date Received in OIRA: 06/12/2014
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2018	36 Months From Approved	08/31/2015
Responses	350,000	0	350,000
Time Burden (Hours)	1,627,500	0	378,000
Cost Burden (Dollars)	0	0	0

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Abstract: The collection of information in Form 8938 will be the means by which taxpayers will comply with self-reporting obligations imposed under section 6038D with respect to foreign financial assets.

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Authorizing Statute(s): US Code: 26 USC 6038D Name of Law: Information with Respect to Foreign Financial Assets
  

Citations for New Statutory Requirements: PL: Pub.L. 111 - 147 title V Name of Law: HIRE; FACTA
US Code: 26 USC 6038D Name of Law: null

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 38807	06/27/2013
30-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 30236	05/27/2014
Did the Agency receive public comments on this ICR? Yes

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

IC Title	Form No.	Form Name
Form 8938, Statement of Foreign Financial Assets	8938	Statement of Specified Foreign Financial Assets

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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	350,000	350,000	0	0	0	0
Annual Time Burden (Hours)	1,627,500	378,000	1,249,500	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: Due to Public Law 111-147 (HIRE), Title V (FATCA), and IRC 6038D, the burden increased. At the request of the Office of the International Tax Counsel, Office of Tax Policy, and Chief Counsel International, we have made changes to Part IV. At the request of W&I Submissions Processing, we have made the changes to further facilitate transcription. At the request of LB&I and Counsel (International), we made changes to Form 8938.

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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]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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: 06/12/2014

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