Automatic Extension of Time for Filing Individual Income

Official source: Federal Register (GovInfo) (https://www.govinfo.gov/content/pkg/FR-1996-01-04/pdf/96-114.pdf), retrieved 2026-10-03. U.S. Government work (17 U.S.C. § 105).

260 Federal Register / Vol. 61, No. 3 / Thursday, January 4, 1996 / Rules and Regulations

(2) * * *

Drug labeler code	Firm name and address
058690	TRINADA, Inc., One Executive Dr., P.O. Box 1399, Fort Lee, NJ 07024.

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act

These regulations are being issued without prior notice and public procedure pursuant to the Administrative Procedure Act (5 U.S.C. 553). For this reason, the collection of information contained in these regulations has been reviewed and, pending receipt and evaluation of public comments, approved by the Office of Management and Budget under control number 1545–1479. Responses to this collection of information are required to obtain a benefit (an automatic 4-month extension of time to file an individual income tax return).

An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid control number.

For further information concerning the collection of information, and where to submit comments on the collection of information and the accuracy of the estimated burden, and suggestions for reducing this burden, please refer to the preamble to the cross-referencing notice of proposed rulemaking published in the Proposed Rules section of this issue of the Federal Register .

Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.

Background

This document amends the Income Tax Regulations (26 CFR Part 1) under section 6081 of the Internal Revenue Code of 1986 to implement Notice 93– 22 (1993–1 C.B. 305). Notice 93–22, released April 7, 1993, grants relief to individuals who want an automatic 4month extension of time to file an individual income tax return but who are unable to pay by the due date for the return the tax properly estimated to be due. The notice allows these individuals to obtain an automatic 4-month extension of time to file their individual

Dated: December 22, 1995. Robert C. Livingston, Director, Office of New Animal Drug Evaluation, Center for Veterinary Medicine.

[FR Doc. 96–121 Filed 1–3–96; 8:45 am]

BILLING CODE 4160–01–F

21 CFR Part 522

New Animal Drugs and Related Products; Change of Sponsor

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect a change of sponsor for a new animal drug application (NADA) from Fort Dodge Laboratories to Wildlife Laboratories, Inc.

EFFECTIVE DATE: January 4, 1996.

FOR FURTHER INFORMATION CONTACT: Thomas J. McKay, Center for Veterinary Medicine (HFV–102), Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855, 301–827–0213.

SUPPLEMENTARY INFORMATION: Fort Dodge Laboratories, Fort Dodge, IA 50501, has informed FDA that it has transferred ownership of, and all rights and interests in approved NADA 47–870 (Etorphine hydrochloride injection) to Wildlife Laboratories, Inc., 1401 Duff Dr., suite 600, Fort Collins, CO 80524. This NADA was originally owned by American Cyanamid Co. and transferred to Fort Dodge Laboratories but was inadvertently not codified in the regulations. Accordingly, FDA is amending the regulations in 21 CFR 522.883 to reflect the change of sponsor.

List of Subjects in 21 CFR Part 522

Animal drugs. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs and redelegated to the Center for Veterinary Medicine, 21 CFR part 522 is amended as follows:

PART 522—IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS

The authority citation for 21 CFR part 522 continues to read as follows:

Authority: Sec. 512 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b).

§ 522.883 [Amended] 2. Section 522.883 Etorphine hydrochloride injection is amended in paragraph (c) by removing ‘‘010042’’ and adding in its place ‘‘053923’’.

Dated: December 22, 1995. Robert C. Livingston, Director, Office of New Animal Drug Evaluation, Center for Veterinary Medicine.

[FR Doc. 96–123 Filed 1–3–96; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Parts 1, 301, and 602

[TD 8651]

RIN 1545–AS05

Automatic Extension of Time for Filing Individual Income Tax Returns

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Temporary regulations.

SUMMARY: This document contains temporary regulations that reflect new simpler procedures for an individual to obtain an automatic extension of time to file an individual income tax return. The text of the temporary regulations also serves as the text of the cross reference notice of proposed rulemaking on this subject in the Proposed Rules section of this issue of the Federal Register .

DATES: These regulations are effective January 4, 1996.

For dates of applicability, see § 1.6081–4T and § 301.6651–1T.

FOR FURTHER INFORMATION CONTACT: Margaret A. Owens, (202) 622–6232 (not a toll-free number).

Federal Register / Vol. 61, No. 3 / Thursday, January 4, 1996 / Rules and Regulations 261

§ 1.6081–4T Automatic extension of time for filing individual income tax returns— taxable years ending on or after December 31, 1995 (temporary).

(a) In general —(1) Period of extension . An individual who is required to file an individual income tax return for any taxable year ending on or after December 31, 1995, will be allowed an automatic 4-month extension of time to file the return after the date prescribed for filing the return provided the requirements contained in paragraphs (a)(2), (3), and (4) of this section are met. In the case of an individual described in § 1.6081–5(a)(5) or (6), the automatic 4month extension will run concurrently with the extension of time to file granted pursuant to § 1.6081–5.

(2) Manner for submitting an application . An application must be submitted—

(i) On Form 4868, Application for Automatic Extension of Time to File U.S. Individual Income Tax Return; or

(ii) In any other manner as may be prescribed by the Commissioner.

(3) Time and place for filing application. Except in the case of an individual described in § 1.6081–5(a)(5) or (6), the application must be filed on or before the date prescribed for filing the individual income tax return. In the case of an individual described in § 1.6081–5(a)(5) or (6), the application must be filed on or before the expiration of the extension of time to file granted pursuant to § 1.6081–5. The application must be filed with the IRS office designated in the application’s instructions.

(4) Proper estimate of tax . An application for extension must show the full amount properly estimated as tax for the taxable year.

(5) Allowance of extension . Upon properly preparing and timely filing an application, the 4-month extension will be considered as allowed. Except in undue hardship cases, no extension of time for filing an individual income tax return will be granted under § 1.6081– 1 until an automatic extension has been allowed pursuant to the provisions of this paragraph (a).

(b) and (c) [Reserved]. (d) Penalties . See section 6651 and the regulations under that section for the additions to tax for failure to file an individual income tax return or failure to pay the amount shown as tax on the return. In particular, see § 301.6651– 1(c)(3) of this chapter (relating to a presumption of reasonable cause in certain circumstances involving an automatic extension of time for filing an individual income tax return).

income tax returns for taxable years ending on or after December 31, 1992, by filing Form 4868, Application for Automatic Extension of Time to File U.S. Individual Income Tax Return, without an accompanying remittance. Individuals may rely on Notice 93–22 for taxable years ending on or after December 31, 1992 and before December 31, 1995. Notice 93–22 also advised taxpayers that the regulations under section 6081 will be amended to reflect this change in the procedure for an individual to obtain an automatic 4month extension of time to file. In addition, this document amends the Regulations on Procedure and Administration (26 CFR Part 301) (relating to an automatic extension of time for filing an individual income tax return).

Explanation of Provisions

Under § 1.6081–4, an individual required to file an income tax return is allowed an automatic 4-month extension of time to file if (a) an application is prepared on Form 4868, (b) the application is signed by the individual or a person duly authorized by the individual, (c) the application is filed on or before the date the return is due, (d) the application shows the full amount properly estimated as tax, and (e) the application is accompanied by full remittance of the amount properly estimated as tax that is unpaid as of the date prescribed for the filing of the return.

These temporary regulations provide that individuals may obtain an automatic 4-month extension of time to file an individual income tax return without remitting the unpaid amount of any tax properly estimated to be due with the application for extension of time to file. Under these temporary regulations, an individual’s inability to pay is not a condition for obtaining an automatic 4-month extension. However, taxpayers are encouraged to make payments, as large as possible, in order to reduce interest and penalties required by law.

In addition, these temporary regulations provide that the IRS may prescribe other manners for submitting an application in lieu of a paper application on Form 4868.

The temporary regulations remove the regulatory requirement that applications for an automatic 4-month extension be signed. Thus, notwithstanding the 1995 Form 4868 instructions, an unsigned application will be processed. In addition, the Commissioner may prescribe additional methods of obtaining an extension of time to file that do not require a signature.

Special Analyses

It has been determined that these temporary regulations are not a significant regulatory action as defined in EO 12866. 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) and the Regulatory Flexibility Act (5 U.S.C. chapter 6) do not apply to these regulations and, therefore, a Regulatory Flexibility Analysis is not required. Pursuant to section 7805(f) of the Internal Revenue Code, a copy of these regulations will be submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on their impact on small business.

Drafting Information. The principal author of these regulations is Margaret A. Owens, Office of the Assistant Chief Counsel (Income Tax & Accounting), IRS. However, other personnel from the IRS and the Treasury Department participated in their development.

List of Subjects

26 CFR Part 1

Income taxes, Reporting and recordkeeping requirements.

26 CFR Part 301

Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income taxes, Penalties, Reporting and recordkeeping requirements.

26 CFR Part 602

Reporting and recordkeeping requirements.

Amendments to the Regulations

Accordingly, 26 CFR parts 1, 301, and 602 are 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. * -

Par. 2. Section 1.6081–4 is amended by revising paragraph (a) to read as follows:

§ 1.6081–4 Automatic extension of time for filing individual income tax returns.

(a) [Reserved] For further guidance see § 1.6081–4T(a).

- - - Par. 3. Section 1.6081–4T is added to read as follows:

262 Federal Register / Vol. 61, No. 3 / Thursday, January 4, 1996 / Rules and Regulations

PART 301—PROCEDURE AND ADMINISTRATION

Par. 4. The authority citation for part 301 continues to read in part as follows:

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

Par. 5. Section 301.6651–1 is amended by revising paragraph (c)(3) to read as follows:

§ 301.6651–1 Failure to file tax return or to pay tax.

- - - (c)(3) [Reserved] For further guidance see § 301.6651–1T(c)(3).
- - - Par. 6. Section 301.6651–1T is added to read as follows:

§ 301.6651–1T Failure to file tax return or to pay tax—taxable years ending on or after December 31, 1995 (temporary).

(a) through (c)(2) [Reserved]. (c)(3) If, for a taxable year ending on or after December 31, 1995, an individual taxpayer satisfies the requirements of § 1.6081–4T(a) of this chapter (relating to an automatic extension of time for filing an individual income tax return), reasonable cause shall be presumed, for the period of the extension of time to file, with respect to any underpayment of tax if—

(i) The excess of the amount of tax shown on the individual income tax return over the amount of tax paid on or before the regular due date of the return (by virtue of taxes withheld by the employer, estimated tax payments, and any payment with an application for extension of time to file pursuant to § 1.6081–4T of this chapter) is no greater than 10 percent of the amount of tax shown on the individual income tax return; and

(ii) Any balance due shown on the individual income tax return is remitted with the return.

PART 602—OMB CONTROL NUMBERS UNDER THE PAPERWORK REDUCTION ACT

Par. 7. The authority citation for part 602 continues to read as follows:

Authority: 26 U.S.C. 7805.

§ 602.101 [Amended]

Par. 8. In § 602.101, paragraph (c) is amended by adding an entry in

numerical order to the table to read ‘‘1.6081–4T. . . .1545–1479’’.

Margaret Milner Richardson, Commissioner of Internal Revenue.

Approved: December 20, 1995. Leslie Samuels, Assistant Secretary of the Treasury.

[FR Doc. 96–114 Filed 1–3–96; 8:45 am]

BILLING CODE 4830–01–U

26 CFR Parts 1 and 602

[TD 8654]

RIN 1545–AS21

Information Reporting for Discharges of Indebtedness

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Final regulations.

SUMMARY: This document contains final regulations relating to the information reporting requirements of applicable financial entities for discharges of indebtedness. The final regulations reflect changes to the Internal Revenue Code of 1986 (Code) made by section 13252 of the Omnibus Budget Reconciliation Act of 1993 (the Act). The final regulations affect certain financial institutions and federal executive agencies.

DATES: These regulations are effective December 22, 1996.

For dates of applicability, see § 1.6050P–1(h).

FOR FURTHER INFORMATION CONTACT: Sharon L. Hall (timing and amount of discharge) at (202) 622–4930 or Michael F. Schmit (other issues) at (202) 622– 4960, both of the Office of Assistant Chief Counsel (Income Tax and Accounting). Neither telephone number is toll-free.

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act

The collection of information contained in these final regulations has been reviewed and approved by the Office of Management and Budget in accordance with the Paperwork Reduction Act (44 U.S.C. 3507) under control number 1545–1419. Responses to this collection of information are required for the IRS to monitor whether discharged debtors are properly complying with tax laws respecting cancellations of indebtedness.

An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid control number.

The time estimates for the reporting requirements contained in these final regulations are reflected in the burden estimates for Form 1099–C.

Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be sent to the Internal Revenue Service, Attn: IRS Reports Clearance Officer, T:FP, Washington, DC 20224, and to the Office of Management and Budget, Attn: Desk Officer for the Department of Treasury, Office of Information and Regulatory Affairs, Washington, DC 20503. Books or records relating to this collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax information are confidential, as required by 26 U.S.C. 6103.

Background

Section 6050P was added to the Code by section 13252 of the Act. Section 6050P requires certain financial entities to report discharges of indebtedness of $600 or more during any calendar year, and requires reporting entities to make a return at such time and in such form as the Secretary may by regulations prescribe.

On December 27, 1993, temporary regulations (TD 8506) relating to the reporting of discharge of indebtedness under section 6050P were published in the Federal Register (58 FR 68301). A notice of proposed rulemaking (IA–63– 93) cross-referencing the temporary regulations was published in the Federal Register for the same day (58 FR 68337).

Written comments were received in response to the notice of proposed rulemaking. Fourteen speakers provided testimony at a public hearing held on March 30, 1994. In response to the comments and testimony, the IRS and Treasury issued Notice 94–73 (1994–2 C.B. 553), providing interim relief from penalties for failure to comply with certain of the reporting requirements of the temporary regulations. The Notice provided that, with respect to a discharge of indebtedness occurring before the later of January 1, 1995, or the effective date of the final regulations under section 6050P, no penalties would be imposed for the failure to report a discharge of indebtedness:

(a) Under title 11 of the United States Code;

(b) Resulting from the expiration of the statute of limitations for collection of an indebtedness;