Revenue Procedure 2008-38, Revenue Procedure 2008-39, Revenue Procedure 2008-40, Revenue Procedure 2008-41, Revenue Procedure 2008-42

Forms and Documents

Document Name	Status
2017-07-10 SS 1545-1752r.doc Supporting Statement A	2017-07-10
Revenue Procedures.pdf Supplementary Document	2011-02-07

IC Document Collections

IC ID	Document Title	Status
19287	Revenue Procedure 2008-39 - Modified Endownment Contract Correction Program Extension	Unchanged
184747	Revenue Procedure 2008-42 - Section 7702(f)(8) or Section 101(f)(3)(H) Automatic Waiver Program	Unchanged
184746	Revenue Procedure 2008-41 - Variable Contract Correction Program	Unchanged
184745	Revenue Procedure 2008-38 - Qualified Additional Benefits Correction Program	Unchanged
184744	Revenue Procedure 2008-40 - Life Insurance Contract Correction Program	Unchanged

ICR Details

OMB Control No: 1545-1752	ICR Reference No: 201705-1545-014
Status: Historical Active	Previous ICR Reference No: 201309-1545-087
Agency/Subagency: TREAS/IRS	Agency Tracking No:
Title: Revenue Procedure 2008-38, Revenue Procedure 2008-39, Revenue Procedure 2008-40, Revenue Procedure 2008-41, Revenue Procedure 2008-42
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/20/2017
	Date Received in OIRA: 07/17/2017
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2020	36 Months From Approved	11/30/2017
Responses	70	0	70
Time Burden (Hours)	5,950	0	5,950
Cost Burden (Dollars)	0	0	0

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Abstract: RP 2008-40 allows issuers of life insurance contracts that have failed to meet the definition of life insurance contract under section 7702 or to satisfy the requirements of section 101(f) of the IRC to cure these contracts so that they do not fail section 7702 or section 101(f). RP 2008-38 allows issuers of variable contracts that have failed to meet the diversification requirements of section 817(h) to cure these contracts so that they do not fail section 817(h). RP 2008-39 allows issuers of life insurance contracts whose contracts have failed to meet the tests of section 7702A to cure these contracts that have inadvertently become modified endowment contracts. Rev. Proc. 2008-41 provides a procedure by which an issuer of a variable contract may remedy an inadvertent failure of a variable contract to meet the diversification requirements of section 817(h). RP 2008-42 provides guidance.

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Authorizing Statute(s): US Code: 26 USC 7702(a) Name of Law: Life insurance contract defined - General Rule
   US Code: 26 USC 101(f) Name of Law: Certain death benefits-Proceeds of flexible premium contracts issued before January 1, 1985 pa
   US Code: 26 USC 7702A Name of Law: Modified endowment contract defined
   US Code: 26 USC 817(h) Name of Law: Treatment of variable contracts-Treatment of certain nondiversified contracts
  

Citations for New Statutory Requirements: None

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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:
	82 FR 17090	04/07/2017
30-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 32602	07/14/2017
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 5

IC Title	Form No.	Form Name
Revenue Procedure 2008-39 - Modified Endownment Contract Correction Program Extension
Revenue Procedure 2008-40 - Life Insurance Contract Correction Program
Revenue Procedure 2008-41 - Variable Contract Correction Program
Revenue Procedure 2008-42 - Section 7702(f)(8) or Section 101(f)(3)(H) Automatic Waiver Program
Revenue Procedure 2008-38 - Qualified Additional Benefits Correction Program

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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	70	70	0	0	0	0
Annual Time Burden (Hours)	5,950	5,950	0	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:

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Annual Cost to Federal Government: $0

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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: 07/17/2017

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