[Federal Register Volume 77, Number 249 (Friday, December 28, 2012)]
[Proposed Rules]
[Pages 76426-76427]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31046]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 /
Proposed Rules
[[Page 76426]]
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG 155929-06]
RIN 1545-BL44
Payout Requirements for Type III Supporting Organizations That
Are Not Functionally Integrated
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Partial withdrawal of notice of proposed rulemaking and notice
of proposed rulemaking by cross-reference to temporary regulation.
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SUMMARY: This document withdraws portions of the notice of proposed
rulemaking published on September 24, 2009, relating to the payout
requirements for Type III supporting organizations that are not
functionally integrated. The withdrawal affects Type III supporting
organizations that are not functionally integrated. In the Rules and
Regulations section of this issue of the Federal Register, the IRS is
issuing temporary regulations regarding the requirements to qualify as
a Type III supporting organization that is operated in connection with
one or more supported organizations. Those regulations reflect changes
to the law made by the Pension Protection Act of 2006 and will affect
Type III supporting organizations and their supported organizations.
The text of those temporary regulations published in this issue of the
Federal Register also serves as the text of these proposed regulations.
DATES: Written or electronic comments and requests for a public hearing
must be received by March 28, 2013.
ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG-155929-06), room
>5203, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station,
Washington, DC 20044. Submissions may be hand-delivered Monday through
Friday between the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (REG-
155929-06), Courier's Desk, Internal Revenue Service, 1111 Constitution
Avenue NW., Washington, DC, or sent electronically via the Federal
eRulemaking Portal at http://www.regulations.gov/ (IRS REG-155929-06).
FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations,
Preston J. Quesenberry at (202) 622-6070; concerning submissions of
comments and requests for a public hearing, Oluwafunmilayo Taylor at
(202) 622-7180 (not toll-free numbers).
SUPPLEMENTARY INFORMATION:
Background
Final and temporary regulations in the Rules and Regulations
section of this issue of the Federal Register contain amendments to the
Income Tax Regulations (26 CFR part 1) regarding organizations
described in section 509(a)(3) of the Internal Revenue Code (Code),
which are known as supporting organizations. The final and temporary
regulations provide requirements to qualify as a supporting
organization that is operated in connection with one or more supported
organizations (called ``Type III Supporting Organizations''). Those
regulations reflect changes to the law made by the Pension Protection
Act of 2006, Public Law 109-280 (120 Stat. 780 (2006)), and will affect
Type III supporting organizations and their supported organizations.
The text of those temporary regulations also serves as the text of
these proposed regulations. The preamble to the final and temporary
regulations explains the temporary regulations and these proposed
regulations.
Special Analyses
It has been determined that this notice of proposed rulemaking is
not a significant regulatory action as defined in Executive Order
12866, as supplemented by Executive Order 13563. Therefore, a
regulatory assessment is not required. It has also 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 entitles, the
Regulatory Flexibility Act (5 U.S.C. chapter 6) does not apply.
Pursuant to section 7805(f) of the Code, this regulation has been
submitted to the Chief Counsel for Advocacy of the Small Business
Administration for comment on its impact on small business.
Comments and Requests for a Public Hearing
Before these proposed regulations are adopted as final regulations,
consideration will be given to any electronic comments or written
comments (a signed original and eight (8) copies) that are submitted
timely to the IRS. The Treasury Department and the IRS request comments
on all aspects of the proposed rules. All comments that are submitted
by the public will be available for public inspection and copying at
www.regulations.gov or upon request. A public hearing may be scheduled
if requested in writing by any person that timely submits written
comments. If a public hearing is scheduled, notice of the date, time,
and place for the public hearing will be published in the Federal
Register.
Drafting Information
The principal authors of these regulations are Preston J.
Quesenberry, and Stephanie N. Robbins, Office of Associate Chief
Counsel (Tax-Exempt and Government Entities). However, other personnel
from the Treasury Department and the IRS participated in their
development.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and recordkeeping requirements.
Partial Withdrawal of Notice of Proposed Rulemaking
Accordingly, under the authority of 26 U.S.C. 7805, Sec. Sec.
1.509(a)-4(i)(5)(ii)(B) and 1.509(a)-4(i)(8) of the notice of proposed
rulemaking (REG-155929-06) that was published in the Federal Register
on September 24, 2009 (78 FR 48672), are withdrawn.
Proposed Amendments to the Regulations
Accordingly, 26 CFR part 1 is proposed to be amended as follows:
PART 1--INCOME TAXES
Paragraph 1. The authority citation for part 1 continues to read in
part as follows:
Authority: 26 U.S.C. 7805 * * *
[[Page 76427]]
Par. 2. Section 1.509(a)-4 is amended by revising paragraphs
(i)(5)(ii)(B), (i)(5)(ii)(C), and (i)(8) to read as follows:
Sec. 1.509(a)-4 Supporting organizations.
* * * * *
(i) * * *
(5) * * *
(ii) * * *
(B) [The text of proposed amendments to Sec. 1.509(a)-
4(i)(5)(ii)(B) is the same as the text of Sec. 1.509(a)-
4T(i)(5)(ii)(B) published elsewhere in this issue of the Federal
Register].
(C) [The text of proposed amendments to Sec. 1.509(a)-
4(i)(5)(ii)(C) is the same as the text of Sec. 1.509(a)-
4T(i)(5)(ii)(C) published elsewhere in this issue of the Federal
Register].
* * * * *
(8) [The text of proposed amendments to Sec. 1.509(a)-4(i)(8) is
the same as the text of Sec. 1.509(a)-4T(i)(8) published elsewhere in
this issue of the Federal Register].
Steven T. Miller,
Deputy Commissioner for Services and Enforcement.
[FR Doc. 2012-31046 Filed 12-21-12; 4:15 pm]
BILLING CODE 4830-01-P