[Federal Register Volume 78, Number 158 (Thursday, August 15, 2013)]
[Proposed Rules]
[Pages 49700-49701]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19930]


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DEPARTMENT OF THE TREASURY

26 CFR Part 53

[REG-115300-13]
RIN 1545-BL57


Requirement of a Section 4959 Excise Tax Return and Time for 
Filing the Return

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of proposed rulemaking by cross-reference to temporary 
regulations.

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SUMMARY: In the Rules and Regulations section of this issue of the 
Federal Register, the IRS is issuing regulations requiring hospital 
organizations liable

[[Page 49701]]

for the excise tax for failure to meet the community health needs 
assessment requirements for any taxable year to file Form 4720, 
``Return of Certain Excise Taxes Under Chapters 41 and 42 of the 
Internal Revenue Code.'' The regulations also specify the due date for 
such returns. The text of those temporary regulations also serves as 
the text of these proposed regulations.

DATES: Written or electronic comments and requests for a public hearing 
must be received by November 13, 2013.

ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG-115300-13), Room 
5203, Internal Revenue Service, PO 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-
115300-13), 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-115300-13).

FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, 
Amy F. Giuliano at (202) 622-6070; concerning submission of comments 
and request for hearing, Oluwafunmilayo Taylor at (202) 622-7180 (not 
toll-free numbers).

SUPPLEMENTARY INFORMATION: 

Background and Explanation of Provisions

    Temporary regulations in the Rules and Regulations section of this 
issue of the Federal Register amend the existing regulations under 
sections 6011 and 6071 to (1) specify the form that must be used to 
accompany payment of the excise tax imposed by section 4959 for failure 
to meet the community health needs assessment requirements of section 
501(r)(3), and (2) provide the due date for filing the form. Section 
501(r) and section 4959 were enacted by section 9007 of the Patient 
Protection and Affordable Care Act, Public Law 111-148 (124 Stat. 119 
(2010)).
    The text of those temporary regulations also serves as the text of 
these proposed regulations. The preamble to the temporary regulations 
explains the amendments.

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 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. It is hereby certified that this 
rule will not have a significant economic impact on a substantial 
number of small entities. This certification is based on the fact that 
this rule merely provides guidance as to the timing and filing of Form 
4720 for charitable hospital organizations liable for the section 4959 
excise tax, and completing the applicable portion (Schedule M) of the 
Form 4720 for this purpose imposes little incremental burden in time or 
expense. The liability for the section 4959 excise tax is imposed by 
statute, and not these regulations. In addition, a charitable hospital 
organization may already be required to file the Form 4720 under the 
existing final regulations in sections 53.6011-1 and 53.6071-1 if it is 
liable for another Chapter 41 or 42 excise tax. Therefore, a Regulatory 
Flexibility Analysis under the Regulatory Flexibility Act (5 U.S.C. 
Chapter 6) is not required. Pursuant to section 7805(f) of the Code, 
these proposed regulations were submitted to the Chief Counsel for 
Advocacy of the Small Business Administration for comment on their 
impact on small business, and no comments were received.

Comments and Requests for Public Hearing

    Before these proposed regulations are adopted as final regulations, 
consideration will be given to any comments that are submitted timely 
to the IRS as prescribed in this preamble under the ADDRESSES heading. 
The Treasury Department and the IRS request comments on all aspects of 
the proposed rules. All comments will be available at 
www.regulations.gov or upon request.
    A public hearing will 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 author of these regulations is Amy F. Giuliano, 
Office of Associate Chief Counsel (Tax Exempt and Government Entities). 
However, other personnel from the IRS and Treasury Department 
participated in their development.

List of Subjects in 26 CFR Part 53

    Excise taxes, Foundations, Investments, Lobbying, Reporting and 
recordkeeping requirements.

Proposed Amendments to the Regulations

    Accordingly, 26 CFR part 53 is proposed to be amended as follows:

PART 53--FOUNDATION AND SIMILAR EXCISE TAXES

0
Paragraph 1. The authority citation for part 53 continues to read in 
part as follows:

    Authority:  26 U.S.C. 7805 * * *

0
Par. 2. Section 53.6011-1 is amended by:
0
1. Redesignating paragraphs (c) through (e) as (d) through (f).
0
2. Adding new paragraphs (c) and (g).
    The addition reads as follows:


Sec.  53.6011-1  General requirement of return, statement or list.

* * * * *
    (c) [The text of paragraph (c) of this section is the same as the 
text of Sec.  53.6011-1T(c) published elsewhere in this issue of the 
Federal Register].
* * * * *
    (g) [The text of paragraph (g) of this section is the same as the 
text of Sec.  53.6011-1T(g) published elsewhere in this issue of the 
Federal Register].
0
Par. 3. Section 53.6071-1 is amended by:
0
1. Revising paragraph (h).
0
2. Adding paragraph (i).
    The revision and addition read as follows:


Sec.  53.6071-1  Time for filing returns.

* * * * *
    [The text of paragraphs (h) and (i) of this section is the same as 
the text of Sec. Sec.  53.6071-1T(h) and (i)(1) and (2) published 
elsewhere in this issue of the Federal Register].

Heather C. Maloy,
Acting Deputy Commissioner for Services and Enforcement.
[FR Doc. 2013-19930 Filed 8-14-13; 8:45 am]
BILLING CODE 4830-01-P