Beruflich Dokumente
Kultur Dokumente
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41442 Federal Register / Vol. 72, No. 145 / Monday, July 30, 2007 / Rules and Regulations
(81⁄2 month deadline). Because the Form end of 2006, the final regulations delay organization described in section 1381
1120 does not distinguish between the proposed effective date. The final (including a farmers’ cooperative
Subchapter T cooperatives that must file regulations apply beginning with the exempt from tax under section 521) is
by the 21⁄2 month deadline and those first taxable year ending on or after required to make a return, whether or
that must file by the 81⁄2 month December 31, 2007. Cooperatives may not it has taxable income and regardless
deadline, the IRS has difficulty rely on the regulations as proposed, of the amount of its gross income, on
determining which filing deadline however, and file returns on Form Form 1120–C, ‘‘U.S. Income Tax Return
applies and deciding whether to assert 1120–C for taxable years ending on or for Cooperative Associations,’’ or such
delinquency and failure to pay penalties after December 31, 2006, and before other form as may be designated by the
in the case of returns filed after the 21⁄2 December 31, 2007. Commissioner.
month deadline. (2) Farmers’ cooperatives. For taxable
Effect on Other Documents
The Proposed Regulations years ending before December 31, 2007,
The following publications are a farmers’ cooperative organization
On July 29, 2005, a notice of proposed removed as of July 30, 2007: described in section 521(b)(1) (including
rulemaking was published in the Announcement 84–26, 1984–11 IRB 42. a farmers’ cooperative that is not exempt
Federal Register (REG–149436–04, 70 Announcement 84–37, 1984–17 IRB 32. from tax under section 521) is required
FR 43811). The proposed regulations in to make a return on Form 990–C,
this notice of proposed rulemaking Special Analyses
‘‘Farmers’ Cooperative Association
would require all Subchapter T It has been determined that this Income Tax Return.’’
cooperatives to make their income tax Treasury decision is not a significant (3) Effective/applicability date. This
returns on Form 1120-C, ‘‘U.S. Income regulatory action as defined in paragraph (f) is applicable on or after
Tax Return for Cooperative Executive Order 12866. Therefore, a July 30, 2007.
Associations,’’ or such other form as regulatory assessment is not required. It
may be designated by the * * * * *
also has been determined that section
Commissioner. 553(b) of the Administrative Procedure Kevin M. Brown,
One telephone comment was received Act (5 U.S.C. chapter 5) does not apply Deputy Commissioner of Services and
in response to the notice of proposed to these regulations, and because the Enforcement.
rulemaking. The comment suggested regulation does not impose a collection Approved: June 27, 2007.
that the new form might have a negative of information on small entities, the Eric Solomon,
effect on consolidated filing. No public Regulatory Flexibility Act (5 U.S.C. Assistant Secretary of the Treasury (Tax
hearing was requested or held. chapter 6) does not apply. Pursuant to Policy).
Explanation of Provisions section 7805(f) of the Code, the notice [FR Doc. E7–13489 Filed 7–27–07; 8:45 am]
of proposed rulemaking preceding this BILLING CODE 4830–01–P
After consideration of the comment, regulation was submitted to the Chief
the proposed regulations are adopted as Counsel for Advocacy of the Small
revised by this Treasury decision. The Business Administration for comment
final regulations retain the requirement DEPARTMENT OF THE TREASURY
on its impact on small businesses.
that Subchapter T cooperatives file their Internal Revenue Service
returns on Form 1120–C. The Drafting Information
information that Subchapter T The principal author of these 26 CFR Part 1
cooperatives will be required to provide regulations is Matthew P. Howard,
on new Form 1120–C will assist Office of Assistant Chief Counsel [TD 9345]
taxpayers and the IRS in determining (Procedure & Administration). RIN 1545–BA93
the appropriate filing deadline. Having
that information will reduce the burden List of Subjects in 26 CFR Part 1
Section 1248 Attribution Principles
on taxpayers and will help the IRS Income taxes, Reporting and
avoid asserting penalties in recordkeeping requirements. AGENCY: Internal Revenue Service (IRS),
inappropriate cases. Having all Treasury.
Adoption of Amendments to the
Subchapter T cooperatives make their ACTION: Final regulations.
Regulations
income tax returns on Form 1120–C will
also eliminate confusion over which ■Accordingly, 26 CFR part 1 is SUMMARY: This document contains final
form to file and will promote efficiency amended as follows: regulations under section 1248 of the
in addressing income tax issues Internal Revenue Code (Code) that
common to Subchapter T cooperatives. PART 1—INCOME TAXES provide guidance for determining the
The IRS and Treasury Department earnings and profits attributable to stock
■ Paragraph 1. The authority citation
believe that this requirement will not of controlled foreign corporations (or
for part 1 continues to read, in part, as
have a negative effect on consolidated former controlled foreign corporations)
follows:
filing. Subchapter T cooperatives may that are (were) involved in certain
continue to file returns on behalf of Authority: 26 U.S.C. 7805 * * * nonrecognition transactions. The final
consolidated groups by indicating their ■ Par. 2. Section 1.6012–2 is amended
regulations are necessary in order to
filing status on Form 1120–C and by revising paragraph (f) to read as supplement and clarify existing
complying with the regulations under follows: guidance in the regulations under
section 1502 of the Internal Revenue section 1248. The final regulations affect
Code (Code). § 1.6012–2 Corporations required to make persons subject to the regulations under
This requirement to use Form 1120– returns of income. section 1248, as well as persons to
jlentini on PROD1PC65 with RULES
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