| Treasury Decision 9221 |
September 26, 2005 |
Collected Excise Taxes; Duties of Collector
AGENCY: Internal Revenue Service (IRS), Treasury
ACTION: Final regulations and removal of temporary regulations.
This document contains final regulations relating to the reporting obligations
of persons that receive payments for air transportation or communications
services subject to excise tax when persons liable for tax refuse to pay the
tax. The final regulations affect persons that receive payments subject to
tax and persons liable for those taxes.
Effective Date: These regulations are effective
August 26, 2005.
Applicability Date: For dates of applicability,
see §§40.6302(c)-3(g) and 49.4291-1.
FOR FURTHER INFORMATION CONTACT:
Taylor Cortright, (202) 622-3130 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
This document amends the Excise Tax Procedural Regulations (26 CFR part
40) and the Facilities and Services Excise Tax Regulations (26 CFR part 49).
On August 10, 2004, a temporary regulation (T.D. 9149, 2004-38 I.R.B. 494
[60 FR 48393]) was published in the Federal Register.
A notice of proposed rulemaking (REG-163909-02, 2004-38 I.R.B. 499 [69 FR
48432]) cross-referencing the temporary regulations was published in the Federal Register on the same day. A written comment
was received and no public hearing was requested or held. After considering
the comment, the proposed regulations are adopted by this Treasury decision
with clarifying changes. The corresponding temporary regulations are removed.
It has been determined that these regulations are not a significant
regulatory action as defined in Executive Order 12866. Therefore, a regulatory
assessment is not required. It also has been determined that section 553(b)
of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to
these regulations, and because these regulations do not impose a collection
of information on small entities, the Regulatory Flexibility Act (5 U.S.C.
chapter 6) does not apply. Pursuant to section 7805(f) of the Internal Revenue
Code, the notice of proposed rulemaking preceding these final regulations
was submitted to the Chief Counsel for Advocacy of the Small Business Administration
for comment on their impact on small business.
Adoption of Amendments to the Regulations
Accordingly, 26 CFR parts 40 and 49 are amended as follows:
PART 40—EXCISE TAX PROCEDURAL REGULATIONS
Paragraph 1. The authority citation for part 40 is amended by removing
the entry for §40.6302(c)-3T to read, in part, as follows:
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 40.6302(c)-3 is amended as follows:
1. Paragraph (b)(2)(ii) is revised.
2. Paragraph (g) is amended by removing the language “October
1, 2001” and adding the language “October 1, 2001, except that
paragraph (b)(2)(ii)(B) of this section is applicable October 1, 2004”
in its place.
The revision reads as follows:
§40.6302(c)-3 Special rules for use of Government depositaries
under chapter 33.
* * * * *
(b) * * *
(2) * * *
(ii) Separate account. The account required under
paragraph (b)(2)(i)(A) of this section (the separate account)—
(A) Must reflect for each month all items of tax that are included in
amounts billed or tickets sold to customers during the month;
(B) May not reflect an item of adjustment for any month during a quarter
if the adjustment results from a refusal to pay or inability to collect the
tax and the uncollected tax has not been reported under §49.4291-1 of
this chapter on or before the due date of the return for that quarter; and
(C) Must reflect for each month items of adjustment (including bad debts
and errors) relating to the tax for prior months within the period of limitations
on credits or refunds.
* * * * *
Par. 3. Section 40.6302(c)-3T is removed.
PART 49—FACILITIES AND SERVICES EXCISE TAXES
Par. 4. The authority citation for part 49 continues to read, in part,
as follows:
Authority: 26 U.S.C. 7805 * * *
Par. 5. Section 49.4291-1 is amended as follows:
1. The fourth sentence is revised.
2. The fifth sentence is amended by removing the language “this
information” and adding the language “this report” in its
place.
3. A new sentence is added at the end of the paragraph.
4. Paragraphs (a) and (b) are added.
The revisions and addition read as follows:
§49.4291-1 Persons receiving payment must collect tax.
* * * Applicable October 1, 2004, this report must be made
on or before the report due date. * * * For purposes of this section, the
report due date is—
(a) In the case of a person using the alternative method of making deposits
described in §40.6302(c)-3 of this chapter, the due date of the return
on which the item of adjustment relating to the uncollected tax would be reflected
if items of adjustment were determined without regard to the limitation in
§40.6302(c)-3 of this chapter; and
(b) In any other case, the due date of the return on which the tax would
have been reported but for the refusal to pay or inability to collect.
Par. 6. Section 49.4291-1T is removed.
Mark E. Matthews,
Deputy
Commissioner for
Services and Enforcement.
Approved July 20, 2005.
Eric Solomon,
Acting
Deputy Secretary
of the Treasury (Tax Policy).
Note
(Filed by the Office of the Federal Register on August 24, 2005, 8:45
a.m., and published in the issue of the Federal Register for August 25, 2005,
70 F.R. 49869)
The principal author of these regulations is Taylor Cortright of the
Office of Associate Chief Counsel (Passthroughs and Special Industries).
However, other personnel from the IRS and Treasury Department participated
in their development.
* * * * *
Internal Revenue Bulletin 2005-39
SEARCH:
You can either: Search all IRS Bulletin Documents issued since January 1996, or Search the entire site. For a more focused search, put your search word(s) in quotes.
2005 Document Types | 2005 Weekly IRBs
IRS Bulletins Main | Home
|
