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3. Expedited Service: Passport processing within expedited processing period published on the Department’s Web site (22 CFR
51.66(b))/or in-person service at a U.S. Passport Agency (not applicable abroad) ............................................................................... $60
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Federal Register / Vol. 72, No. 158 / Thursday, August 16, 2007 / Rules and Regulations 45891
Michael Blumenfeld, (202) 622–1124 entities for purposes of certain excise provisions of the proposed regulations.
(not toll-free numbers). For questions taxes reported on Forms 720, ‘‘Quarterly No public hearing was requested or
specifically relating to qualified pension Federal Excise Tax Return;’’ 730, held. After consideration of all the
plans, individual retirement accounts, ‘‘Monthly Tax Return for Wagers;’’ 2290, comments, the proposed regulations are
and similar tax-favored savings ‘‘Heavy Highway Vehicle Use Tax adopted as revised by this Treasury
arrangements, contact Dana Barry, (202) Return;’’ and 11–C, ‘‘Occupation Tax decision.
622–6060 (not a toll-free number). and Registration Return for Wagering;’’ Summary of Comments and Changes
SUPPLEMENTARY INFORMATION: excise tax refunds or payments claimed Made
on Form 8849, ‘‘Claim for Refund of
Background Excise Taxes;’’ and excise tax As provided in the proposed
The temporary regulations that are the registrations on Form 637, ‘‘Application regulations, the final regulations
subject of this correction are under for Registration (For Certain Excise Tax provide that a disregarded entity is
section 6033 of the Internal Revenue Activities).’’ These regulations affect treated as a separate entity for purposes
Code. disregarded entities and the owners and of employment taxes and related
employees of disregarded entities with reporting requirements. The final
Need for Correction respect to the payment and reporting of regulations clarify that the separate
As published, temporary regulations Federal employment taxes and the entity is treated as a corporation for
(TD 9335) contain an error that may reporting of wage payments. These purposes of employment taxes and
prove to be misleading and is in need regulations also affect disregarded related reporting requirements. As
of clarification. entities and their owners in the payment provided in the proposed regulations, a
and reporting of certain Federal excise disregarded entity continues to be
Correction of Publication disregarded for other Federal tax
taxes and in registration and claims
Accordingly, the publication of the related to certain Federal excise taxes. purposes. The final regulations clarify
temporary regulations (TD 9335), which that an owner of a disregarded entity
DATES: Effective Date: These regulations
was the subject of FR Doc. E7–12903, is treated as a sole proprietorship is
are effective on August 16, 2007. subject to taxes under the Self-
corrected as follows: Applicability Dates: With respect to
On page 36870, column 1, first Employment Contributions Act (SECA)
employment taxes, these regulations
paragraph of the column, in the (section 1401 et seq.). Additionally, the
apply to wages paid on or after January
preamble, under the paragraph heading final regulations retain the example
1, 2009. With respect to excise taxes,
‘‘Background’’, last line of the illustrating that an individual owner of
these regulations apply to liabilities a disregarded entity continues to be
paragraph, the language ‘‘4965 tax. See imposed and actions first required or
§ 601.601(d)(2)(ii)(b).’’ is corrected to treated as self-employed for purposes of
permitted in periods beginning on or SECA taxes, and not as an employee of
read ‘‘4965 tax. See § 601.601(d)(2)(ii)(b) after January 1, 2008.
of this chapter.’’ a disregarded entity for employment tax
FOR FURTHER INFORMATION CONTACT: John purposes.
LaNita Van Dyke, Richards at (202) 622–6040 (on the Commentators suggested that the
Chief, Publications and Regulations Branch, employment tax provisions) or Susan proposed regulations not be finalized,
Legal Processing Division, Associate Chief Athy at (202) 622–3130 (on the excise and that Notice 99–6 (1999–1 CB 321)
Counsel (Procedure and Administration). tax provisions) (not toll-free numbers). be retained. Notice 99–6 provides that
[FR Doc. E7–16081 Filed 8–15–07; 8:45 am] SUPPLEMENTARY INFORMATION: employment taxes and other
BILLING CODE 4830–01–P employment tax obligations with
Background
respect to employees of a disregarded
This document contains amendments entity may be satisfied in one of two
DEPARTMENT OF THE TREASURY to 26 CFR parts 1 and 301. On October ways: (1) Calculation, reporting, and
18, 2005, a notice of proposed payment of all employment tax
Internal Revenue Service rulemaking (REG–114371–05) was obligations with respect to employees of
published in the Federal Register (70 the disregarded entity by its owner (as
26 CFR Parts 1 and 301 FR 60475) proposing to treat qualified though the employees of the disregarded
[TD 9356] subchapter S subsidiaries (QSubs) entity are employed directly by the
(under section 1361(b)(3)(B) of the owner) and under the owner’s name and
RIN 1545–BE43 Internal Revenue Code (Code)) and taxpayer identification number; or (2)
certain other single-owner eligible separate calculation, reporting, and
Disregarded Entities; Employment and
entities (under §§ 301.7701–1 through payment of all employment tax
Excise Taxes
301.7701–3 of the Procedure and obligations by each state law entity with
AGENCY: Internal Revenue Service (IRS), Administrative Regulations) that respect to its employees under its own
Treasury. currently are disregarded as entities name and taxpayer identification
ACTION: Final regulations. separate from their owners (disregarded number.
entities) as separate entities for purposes Commentators stated that the
SUMMARY: This document contains final of employment tax and related reporting regulations would increase
regulations under which qualified requirements and for purposes of certain administrative burden for taxpayers that
subchapter S subsidiaries and single- excise taxes reported on Forms 720, 730, currently choose to pay and report
owner eligible entities that currently are 2290, and 11–C; excise tax refunds or employment taxes at the owner level as
disregarded as entities separate from payments claimed on Form 8849; and permitted by Notice 99–6.
their owners for Federal tax purposes excise tax registrations on Form 637. Commentators also suggested that if the
mstockstill on PROD1PC66 with RULES
will be treated as separate entities for Comments addressing employment regulations were finalized,
employment tax and related reporting taxes were received from the public in complications could arise for states
requirement purposes. This document response to the notice of proposed where state employment tax filings are
also contains final regulations that treat rulemaking. No comments were required at the owner level. No written
such disregarded entities as separate received regarding the excise tax comments were received from any state.
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