[4830-01-u] DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Parts 1, 31 and 40 [IA-03-94] RIN 1545-AS79 Federal Tax

Deposits by Electronic Funds Transfer AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemaking by cross reference to temporary regulations and notice of public hearing. SUMMARY: In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations that provide guidance relating to the deposit of taxes by electronic funds transfer under section 6302(h) of the Internal Revenue Code. The text of the temporary regulations also serves as the comment document for this notice of proposed rulemaking. This document also provides notice of a public hearing on these proposed regulations. DATES: Written comments must be received by August 31, 1994. Outlines of topics to be discussed at the public hearing scheduled for September 21, 1994, beginning at 1:00 p.m. must be received by August 31, 1994. ADDRESSES: Send submissions to: CC:DOM:CORP:T:R (IA-03-94), room 5228, Internal Revenue Service, POB 7604, Ben Franklin Station, Washington, DC 20044. In the alternative, submissions may be hand delivered between the hours of 8 a.m. and 5 p.m. to: CC:DOM:CORP:T:R (IA-03-94), Courier's Desk, Internal Revenue Service, 1111 Constitution Avenue, NW, Washington, DC. The public hearing will be held in the IRS Auditorium. FOR FURTHER INFORMATION CONTACT: Concerning the regulations, Vincent G. Surabian, 202-622-6232 (not a toll-free number). Concerning submissions and the public hearing, Michael Slaughter 202-622-7190 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The temporary regulations (TD 8553) published in the Rules and Regulations section of this issue of the Federal Register contain amendments to the Income Tax Regulations (26 CFR part 1), the Regulations on Employment Taxes and Collection of Income Tax at the Source (26 CFR part 31), and the Excise Tax Procedural Regulations (26 CFR part 40). These amendments relate to the deposits of taxes by electronic funds transfer. The final regulations that will result from the regulations proposed in this notice would be based on the text of the temporary regulations and would provide rules for the gradual phase-in of the requirement for taxpayers to deposit certain taxes by electronic funds transfer. The text of those temporary regulations also serves as the text of these proposed regulations. The preamble to the temporary regulations explains these proposed regulations. Special Analyses It has been determined that this notice of proposed rulemaking is not a significant regulatory action as defined in EO 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) and the Regulatory Flexibility Act (5 U.S.C. chapter 6) do not apply to these rules and, therefore, a Regulatory Flexibility Analysis is

not required. Pursuant to section 7805(f) of the Internal Revenue Code, a copy of this notice of proposed rulemaking will be submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on its impact on small business. Comments and Public Hearing Before these proposed regulations are adopted as final regulations, consideration will be given to any written comments (preferably a signed original and eight (8) copies) that are timely submitted to the IRS. All comments will be available for public inspection and copying. A public hearing has been scheduled for September 21, 1994, beginning at 1:00 p.m. at the IRS Auditorium. Because of access restrictions, visitors will not be admitted beyond the building lobby more than 15 minutes before the hearing starts. The rules of 26 CFR 601.601(a)(3) apply to the hearing. Persons who wish to present oral comments at the hearing must submit written comments by August 31, 1994, and submit an outline of the topics to be discussed and the time to be devoted to each topic by August 31, 1994. A period of 10 minutes will be allotted to each person for making comments. An agenda showing the scheduling of the speakers will be prepared after the deadline for receiving comments has passed. Copies of the agenda will be available free of charge at the hearing. Drafting Information The principal author of these regulations is Vincent G. Surabian, Office of the Assistant Chief Counsel (Income Tax & Accounting), IRS. However, other personnel from the IRS and Treasury Department participated in their development. List of Subjects 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. 26 CFR Part 31 Employment taxes, Income taxes, Penalties, Pensions, Railroad retirement, Reporting and recordkeeping requirements, Social security, Unemployment compensation. 26 CFR Part 40 Excise taxes, Reporting and recordkeeping requirements. Proposed Amendments to the Regulations Accordingly, 26 CFR parts 1, 31 and 40 are proposed to be amended as follows:

PART 1--INCOME TAXES Paragraph 1. The authority citation for part 1 is amended by removing the entry "Section 1.6302-1(a)" and adding entries in numerical order to read as follows: Authority: 26 U.S.C. 7805 * * * Section 1.6302-1 also issued under 26 U.S.C. 6302(c) and (h). Sections 1.6302-2 and 1.6302-3 also issued under 26 U.S.C. 6302(h). * * * Par. 2. In #1.6302-1, paragraph (b)(2) is added to read as follows: #1.6302-1 Use of Government depositaries in connection with corporation income and estimated income taxes and certain taxes of tax-exempt organizations. [The text of proposed paragraph (b)(2) is the same as the text of #1.6302-1T(b)(2) published elsewhere in this issue of the Federal Register]. Par. 3. In #1.6302-2, paragraph (c) is added to read as follows: #1.6302-2 Use of Government depositaries for payment of tax withheld on nonresident aliens and foreign corporations. [The text of proposed paragraph (c) is the same as the text of #1.6302-2T(c) published elsewhere in this issue of the Federal Register]. Par. 4. In #1.6302-3, paragraph (c) is added to read as follows: #1.6302-3 Use of Government depositaries in connection with estimated taxes of certain trusts. [The text of proposed paragraph (c) is the same as the text of #1.6302-3T(c) published elsewhere in this issue of the Federal Register]. PART 31--EMPLOYMENT TAXES AND COLLECTION OF INCOME TAX AT THE SOURCE Par. 5. The authority citation for Part 31 is amended by removing the entry "Sections 31.6302-1 through 31.6302-3" and adding entries in numerical order to read as follows: Authority: 26 U.S.C. 7805 * * * Sections 31.6302-1 through 31.6302-3 also issued under 26 U.S.C. 6302(a), (c) and (h). * * * Section 31.6302(c)-3 also issued under 26 U.S.C. 6302(h). Par. 6. In #31.6302-1, paragraph (h) is redesignated as paragraph (i) and new paragraph (h) is added to read as follows: #31.6302-1 Federal tax deposit rules for withheld income taxes and taxes under the Federal Insurance Contributions Act (FICA) attributable to payments made after December 31, 1992. [The text of proposed paragraph (h) is the same as the text of #31.6302-1T(h) published elsewhere in this issue of the Federal Register]. Par. 7. In #31.6302(c)-3, paragraph (c) is added to read as follows: #31.6302(c)-3 Use of Government depositaries in connection with tax under the Federal Unemployment Tax Act. [The text of proposed paragraph (c) is the same as the text of #31.6302(c)-3T(c) published elsewhere in this issue of the Federal Register]. PART 40--EXCISE TAX PROCEDURAL REGULATIONS Par. 8. The authority citation for part 40 is amended by removing the entry "Sections 40.6302(c)-1, 40.6302(c)-2, 40.6302(c)-3 and 40.6302(c)-4" and adding entries in numerical

order to read as follows: Authority: 26 U.S.C. 7805 * * * Section 40.6302(c)-1 also issued under 26 U.S.C. 6302(a) and (h). Sections 40.6302(c)-2, 40.6302(c)-3 and 40.6302(c)-4 also issued under 26 U.S.C. 6302(a). Par. 10. In #40.6302(c)-1, paragraph (d)(2) is added to read as follows: #40.6302(c)-1 Use of Government depositaries. [The text of proposed paragraph (d)(2) is the same as the text of #40.6302(c)-1T(d)(2) published elsewhere in this issue of the Federal Register].

Michael P. Dolan Acting Commissioner of Internal Revenue