SEC. 11. EXTENSIONS OF TIME TO

FILE

.01 For Tax Year 1995 (returns due to be filed in 1996), transmitters requesting an extension of time to file for more than 50 withholding agents are required to file the extension request on magnetic media or via IRPBBS or electronically. ( See Part E.

MAGNETIC/ELECTRONIC SPECIFI-

CATIONS FOR EXTENSION OF

TIME. ) Transmitters requesting an ex tension of time for 10 or more withholding agents are encouraged to file the request magnetically or electronically. Acceptable types of media are tape, tape cartridge, 5 ¹ ⁄4- and 3 ¹ ⁄2-inch diskette.

.02 If a Withholding Agent is re-

questing an extension of time to file

Form 1042–S, either on paper or

magnetically/electronically, they must

submit Form 8809, Request for Exten-

sion of Time to File Information Re-

turns (Rev. 3–95) to IRS/MCC by

March 15. If approved, an extension

will be granted for 30 days. A FORM

2758 IS NO LONGER ACCEPTABLE TO

REQUEST AN EXTENSION OF TIME TO

FILE FORM 1042–S.

.03 Failure to properly complete and sign the Form 8809 may cause delays in processing the request or result in a denial. Please read and follow the instructions on the back of the Form 8809 carefully.

.04 Withholding agents may request an extension of time to file for 30 days as soon as they are aware that an extension is necessary, but, no later than the due date of the return. It will take a minimum of 30 days for IRS/MCC to respond to an extension request. Under certain circumstances a request for an extension of time could be denied. In such cases, the withholding agent receives a denial letter. When this denial letter is received, the withholding agent has 20 days to provide additional or necessary information and resubmit the extension request to IRS/MCC.

.05 If an additional extension of time is needed, a second Form 8809 may be submitted before the end of the initial extension. Line 7 on the form should be checked to indicate that the original extension has been received and the additional extension is being requested. A second 30-day extension will be approved only in cases of extreme hardship or catastrophic event.

.06 A filer may only request an extension of time for the tax year of the returns that are due to be filed with IRS.

.07 A magnetically filed request

for an extension of time should be

sent using the following addresses:

If by Postal Service:

IRS-Martinsburg Computing Center

ATTN: Extension of time

Coordinator

P. O. Box 879, MS-360

Kearneysville, WV 25430

If by truck or air freight:

IRS-Martinsburg Computing Center

ATTN: Extension of Time

Coordinator

Route 9 and Needy Road, MS-360

Martinsburg, WV 25401

.08 Transmitters who submit request for multiple withholding agents will receive one approval letter with an attached list of withholding agents covered under that approval.

.09 If an extension of time to file magnetically or electronically is granted, do not include a copy of the letter granting the extension with Form 4804 or computer-generated substitute or to the processing site with the paper Form 1042–S.

.10 IRS/MCC will only grant an

extension of time to file paper or

magnetically/electronically filed Form

1042–S, Foreign Person’s U.S. Source

Income Subject to Withholding.

.11 An approved extension of time for magnetic and electronic filing does not provide additional time for supplying the statement to recipient. Requests for an extension of time to provide the recipient copy must be sent to the IRS/ MCC.

.12 Request an extension of time

to furnish the statements to recipients

by submitting a letter to IRS/MCC

containing the following information:

(a) Withholding Agent’s Name

(b) TIN

(c) Address

(d) Type of Return

(e) Specify that the extension

request is to provide statements to

recipients.

(f) Reason for Delay

(g) Signature of Withholding

Agent or Person Duly Authorized

Requests for an extension of time to

furnish the statements of Form 1042–S

are not automatically approved; how-

ever, if approved, generally an exten-

sion will allow a maximum of 15

additional days from the due date to

furnish the statements to the recipients.

25

If the request is denied, the statements

must be sent to the recipients timely.

The request must be postmarked by the

date on which the statements are due

to the recipients.

.13 An approved extension grants additional time to file the Form 1042–S with IRS/MCC ONLY . This does not include Form 1042 which is an actual tax return. Any tax due must still be paid timely.

.14 To request an extension of time to file Form 1042, submit Form 2758 with the IRS at the following address:

Internal Revenue Service Center Philadelphia, PA 19255