Deposits of Excise Taxes

Federal RegisterNov 12, 1996

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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Parts 40, 48, 49, 301, 601, and 602

[TD 8685]

RIN 1545-AT25

Deposits of Excise Taxes

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Final regulations.

-----------------------------------------------------------------------

SUMMARY: This document contains final regulations relating to deposits

of excise taxes. These regulations reflect changes to the law made by

the Uruguay Round Agreements Act and affect persons required to make

deposits of excise taxes. This document also removes obsolete excise

tax regulations.

EFFECTIVE DATE: November 12, 1996.

FOR FURTHER INFORMATION CONTACT: Ruth Hoffman, (202) 622-3130 (not a

toll-free number).

SUPPLEMENTARY INFORMATION:

Background

The Uruguay Round Agreements Act of 1994 amended sections 6302 (e)

and (f) (relating to deposits of excise taxes). As amended, effective

January 1, 1995, these provisions require an additional deposit in

September of each year of all excise taxes except those imposed by

section 4261 or 4271 (relating to air transportation). The taxes

imposed by sections 4261 and 4271 are scheduled to expire on December

31, 1996. If those taxes are reinstated, they will be subject to the

new deposit provisions beginning on January 1, 1997.

Temporary regulations (TD 8616) were published in the Federal

Register on August 29, 1995 (60 FR 44758), along with a notice of

proposed rulemaking (PS-8-95) cross-referencing the temporary

regulations (60 FR 44788). No written comments were received and no

public hearing was held. The proposed regulations are adopted as

revised by this Treasury decision and the corresponding temporary

regulations are removed. Explanation of revisions

The temporary regulations provide rules implementing the changes

made by the Act in a separate regulations section (Sec. 40.6302(c)-5T).

Instead of finalizing that section, this document incorporates the

amendments made by the temporary regulations into the text of

Secs. 40.6302(c)-1 through 40.6302(c)-4.

To reflect changes in technology, the 14-day rule under

Sec. 40.6302(c)-4 is amended to apply to deposits made by electronic

funds transfer.

In addition, the rules set forth in Secs. 601.104(a)(5) and

601.403(c)(2), relating to persons required to collect and pay over

tax, have been combined, revised, and moved to part 49 as Sec. 49.4291-

1.

Removal of obsolete regulations; amendments to table of OMB control

numbers

This document removes obsolete excise tax regulations under part

601 and obsolete cross-references under part 301. Also removed are

obsolete regulations relating to matters now under the jurisdiction of

the Bureau of Alcohol, Tobacco, and Firearms (ATF). Generally,

regulations pertaining to ATF procedural rules are in 27 CFR parts 70

and 71.

In addition, this document updates various entries in the Table of

OMB Numbers contained in part 602.

Special Analyses

It has been determined that this Treasury decision 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 regulations, and, therefore, a Regulatory Flexibility Analysis is

not required. Pursuant to section 7805(f) of the Internal Revenue Code,

the notice of proposed rulemaking preceding these regulations was

submitted to the Chief Counsel for Advocacy of the Small Business

Administration for comment on its impact on small business.

Drafting Information

The principal author of these regulations is Ruth Hoffman, Office

of Assistant Chief Counsel (Passthroughs and Special Industries).

However, other personnel from the IRS and Treasury Department

participated in their development.

List of Subjects

26 CFR Parts 40 and 48

Excise taxes, Reporting and recordkeeping requirements.

26 CFR Part 49

Excise taxes, Reporting and recordkeeping requirements, Telephone,

Transportation.

26 CFR Part 301

Employment taxes, Estate taxes, Excise taxes, Gift taxes, Income

taxes, Penalties, Reporting and recordkeeping requirements.

26 CFR Part 601

Administrative practice and procedure, Freedom of information,

Reporting and recordkeeping requirements, Taxes.

26 CFR Part 602

Reporting and recordkeeping requirements.

Adoption of Amendments to the Regulations

Accordingly, 26 CFR parts 40, 48, 49, 301, 601, and 602 are amended

as follows:

PART 40--EXCISE TAX PROCEDURAL REGULATIONS

Paragraph 1. The authority citation for part 40 continues to read

in part as follows:

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

[[Page 58005]]

Par. 1a. Section 40.6011(a)-1 is amended as follows:

1. Paragraph (c) is amended by adding a sentence to the end of the

paragraph.

2. Paragraph (d) is removed.

The addition reads as follows:

Sec. 40.6011(a)-1 Returns.

* * * * *

(c) * * * For provisions relating to obligations of a person

required to collect and pay over facilities and services excise taxes,

see Sec. 49.4291-1 of this chapter.

Sec. 40.6011(a)-2(b)(2) [Amended]

Par. 2. Section 40.6011(a)-2(b)(2) is amended by removing the

reference ``Sec. 40.6302(c)-1(e)(2)'' and adding ``Sec. 40.6302(c)-

1(f)(2)'' in its place.

Par. 3. Section 40.6302(c)-1 is amended as follows:

1. Paragraph (a) is amended by removing the parenthetical

``(relating to taxes imposed on gasoline by section 4081)'' from the

last sentence and adding ``(relating to section 4081 taxes)'' in its

place.

2. Paragraph (b)(1)(i) is amended by removing the reference

``paragraph (e)'' and adding ``paragraph (f)'' in its place.

3. Paragraph (b)(1)(ii) is removed and paragraph (b)(1)(iii) is

redesignated as paragraph (b)(1)(ii).

4. Paragraph (b)(5)(ii) is removed and paragraph (b)(5)(iii) is

redesignated as paragraph (b)(5)(ii).

5. Newly designated paragraph (b)(5)(ii) is amended by removing the

reference ``paragraph (e)(3)'' and adding ``paragraph (f)(3)'' in its

place.

6. Paragraph (b)(6)(ii) is amended by removing the language

``paragraph (b)(6)(iii) of this section (relating to deposits of

gasoline tax for September)'' and adding ``paragraph (e) of this

section (relating to deposits of 9-day rule taxes for September)'' in

its place.

7. Paragraph (b)(6)(iii) is removed.

8. Paragraphs (c)(2)(i)(A) and (c)(2)(iii)(B) are amended by

removing the parenthetical ``(16.67 percent)''.

9. Paragraph (c)(2)(iv) is removed.

10. Paragraph (c)(3)(iii) is removed and paragraph (c)(3)(iv) is

redesignated as paragraph (c)(3)(iii).

11. Paragraph (g) is removed.

12. Paragraphs (e) and (f) are redesignated as paragraphs (f) and

(g), respectively, and a new paragraph (e) is added.

13. Newly designated paragraph (f)(3)(ii) is amended by removing

the reference ``paragraph (e)(3)'' and adding ``paragraph (f)(3)'' in

its place.

The addition reads as follows:

Sec. 40.6302(c)-1 Use of Government depositaries.

* * * * *

(e) Special rules for September--(1) Deposits required. In the case

of deposits of 9-day rule taxes for the second semimonthly period in

September, separate deposits are required for the period September

16th-26th and the period September 27th-30th.

(2) Amount of deposit. The deposits of 9-day rule taxes for the

period September 16th-26th and the period September 27th-30th must be

not less than the amount of net tax liability for 9-day rule taxes

incurred during the respective periods. The net tax liability incurred

during these periods may be computed by--

(i) Determining the amount of net tax liability reasonably expected

to be incurred during the second semimonthly period in September;

(ii) Treating \11/15\ of that amount as the net tax liability

incurred during the period September 16th-26th; and

(iii) Treating the remainder of the amount determined under

paragraph (e)(2)(i) of this section (adjusted to reflect net tax

liability actually incurred through the end of September) as the net

tax liability incurred during the period September 27th-30th.

(3) Time to deposit--(i) In general. The deposit of 9-day rule

taxes required for the period beginning September 16th must be made by

September 29. The deposit required for the period ending September 30th

must be made at the time prescribed in paragraph (b)(6)(i) of this

section for making deposits for the second semimonthly period in

September.

(ii) Due date on Saturday or Sunday. A deposit that would otherwise

be due on September 29 must be made by September 28 if September 29 is

a Saturday and by September 30 if September 29 is a Sunday.

(4) Safe harbor rule based on look-back quarter liability. The safe

harbor rule in paragraph (c)(2)(i) of this section does not apply to 9-

day rule taxes for the third calendar quarter unless--

(i) The deposit of 9-day rule taxes for the period September 16th-

26th is not less than \11/90\ of the net tax liability reported for 9-

day rule taxes for the look-back quarter; and

(ii) The total deposit of 9-day rule taxes for the second

semimonthly period in September is not less than \1/6\ of the net tax

liability reported for 9-day rule taxes for the look-back quarter.

(5) Safe harbor rule based on current liability. The safe harbor

rule of paragraph (c)(3)(i) of this section does not apply to 9-day

rule taxes for the third calendar quarter unless--

(i) The deposit of 9-day rule taxes for the period September 16th-

26th is not less than 69.67 percent of the net tax liability for 9-day

rule taxes for the second semimonthly period in September; and

(ii) The total deposit of 9-day rule taxes for the second

semimonthly period in September is not less than 95 percent of the net

tax liability for 9-day rule taxes for that semimonthly period.

(6) Persons not required to use electronic funds transfer. In the

case of a person that is not required to deposit excise taxes by

electronic funds transfer (a non-EFT depositor), the rules of this

paragraph (e) apply with the following modifications:

(i) The periods for which separate deposits must be made are

September 16th-25th and September 26th-30th.

(ii) The deposit required for the period beginning September 16th

must be made by September 28. A deposit that would otherwise be due on

September 28 must be made by September 27 if September 28 is a Saturday

and by September 29 if September 28 is a Sunday.

(iii) The generally applicable fractions and percentage are

modified to reflect the different deposit periods in accordance with

the following table:

------------------------------------------------------------------------

Generally applicable fractions and Modifications for non-EFT

percentage depositors

------------------------------------------------------------------------

11/15.................................. 10/15.

11/90.................................. 10/90.

69.67 percent.......................... 63.33 percent.

------------------------------------------------------------------------

(7) Effective date. This paragraph (e) is effective August 1, 1995,

for all 9-day rule taxes except those imposed by section 4261 or 4271.

For taxes imposed by section 4261 or 4271, this paragraph (e) applies

beginning January 1, 1997.

* * * * *

Par. 4. Section 40.6302(c)-2 is amended as follows:

1. Paragraphs (b)(2)(i)(A) and (b)(2)(ii)(B) are amended by

removing the parenthetical ``(16.67 percent)''.

2. Paragraph (c) is revised.

The revision reads as follows:

Sec. 40.6302(c)-2 Special rules for use of Government depositaries

under section 4681.

* * * * *

(c) Special rules for September--(1) Deposits required. In the case

of deposits of 30-day rule taxes for the first semimonthly period in

September, separate deposits are required for the period September 1st-

11th and the period September 12th-15th.

(2) Amount of deposit. The deposits of 30-day rule taxes for the

period September 1st-11th and the period September 12th-15th must be

not less

[[Page 58006]]

than the amount of net tax liability for 30-day rule taxes incurred

during the respective periods. The net tax liability incurred during

these periods may be computed by--

(i) Determining the amount of net tax liability incurred during the

first semimonthly period in September (or, if semimonthly liability is

computed by dividing monthly liability by two, the amount reasonably

expected to be incurred);

(ii) Treating \11/15\ of that amount as the net tax liability

incurred during the period September 1st-11th; and

(iii) Treating the remainder of the amount determined under

paragraph (c)(2)(i) of this section (adjusted, if that amount is based

on reasonable expectations, to reflect net tax liability actually

incurred through the end of September) as the net tax liability

incurred during the period September 12th-15th.

(3) Time to deposit--(i) In general. The deposit required for the

period beginning September 1st and the deposit for the second

semimonthly period in August must be made by September 29. The deposit

required for the period ending September 15th must be made at the time

prescribed in paragraph (b)(1)(i) of this section for making deposits

for the first semimonthly period in September.

(ii) Due date on Saturday or Sunday. A deposit that would otherwise

be due on September 29 must be made by September 28 if September 29 is

a Saturday and by September 30 if September 29 is a Sunday.

(4) Safe harbor rule based on look-back quarter liability. The safe

harbor rule of paragraph (b)(2)(i) of this section does not apply for

the third calendar quarter unless--

(i) The deposit of 30-day rule taxes for the period September 1st-

11th is not less than \11/90\ of the net tax liability reported for 30-

day rule taxes for the look-back quarter; and

(ii) The total deposit of 30-day rule taxes for the first

semimonthly period in September is not less than \1/6\ of the net tax

liability reported for 30-day rule taxes for the look-back quarter.

(5) Safe harbor rule based on current liability. The safe harbor

rule of paragraph (b)(3) of this section does not apply for the third

calendar quarter unless--

(i) The deposit of 30-day rule taxes for the period September 1st-

11th is not less than 69.67 percent of the net tax liability for 30-day

rule taxes for the first semimonthly period in September; and

(ii) The total deposit of 30-day rule taxes for the first

semimonthly period in September is not less than 95 percent of the net

tax liability for 30-day rule taxes for that semimonthly period.

(6) Persons not required to use electronic funds transfer. In the

case of a person that is not required to deposit excise taxes by

electronic funds transfer (a non-EFT depositor), the rules of this

paragraph (c) apply with the following modifications:

(i) The periods for which separate deposits must be made are

September 1st-10th and September 11th-15th.

(ii) The deposit required for the period beginning September 1st

and the deposit required for the second semimonthly period in August

must be made by September 28. A deposit that would otherwise be due on

September 28 must be made by September 27 if September 28 is a Saturday

and by September 29 if September 28 is a Sunday.

(iii) The generally applicable fractions and percentage are

modified to reflect the different deposit periods in accordance with

the following table:

------------------------------------------------------------------------

Generally applicable fractions and Modifications for non-EFT

percentage depositors

------------------------------------------------------------------------

11/15.................................. 10/15.

11/90.................................. 10/90.

69.67 percent.......................... 63.33 percent.

------------------------------------------------------------------------

(7) Effective date. This paragraph (c) is effective August 1, 1995.

Par. 5. Section 40.6302(c)-3 is amended as follows:

1. In paragraph (b)(1)(ii), first sentence, the language ``deposits

to'' is removed and ``deposits of'' is added in its place.

2. In paragraph (b)(3), first sentence, the language ``durina'' is

removed and ``during a'' is added in its place.

3. Paragraphs (f) and (g) are redesignated as paragraphs (g) and

(h), respectively, and a new paragraph (f) is added.

4. In newly designated paragraph (h), first sentence, the language

``This section'' is removed and ``Except as otherwise provided, this

section'' is added in its place.

The addition reads as follows:

Sec. 40.6302(c)-3 Special rules for use of Government depositaries

under chapter 33.

* * * * *

(f) Special rules for September--(1) Deposits required. In the case

of alternative method taxes charged (that is, included in amounts

billed or tickets sold) during the first semimonthly period in

September, separate deposits are required for the taxes charged during

the period September 1st-11th and the period September 12th-15th.

(2) Time to deposit--(i) In general. The deposit required for

alternative method taxes charged during the period beginning September

1st must be made by September 29. The deposit required for alternative

method taxes charged during the period ending September 15th must be

made at the time prescribed in paragraph (c) of this section for making

deposits for the first semimonthly period in October.

(ii) Due date on Saturday or Sunday. A deposit that would otherwise

be due on September 29 must be made by September 28 if September 29 is

a Saturday and by September 30 if September 29 is a Sunday.

(3) Amount of deposit. The deposits of alternative method taxes

required for the period September 1st-11th and the period September

12th-15th must be not less than the amount of alternative method taxes

charged during the respective periods. The amount of alternative method

taxes charged during these periods may be computed by--

(i) Determining the net amount of alternative method taxes

reflected in the separate account for the first semimonthly period in

September (or one-half of the net amount of alternative method taxes

reasonably expected to be reflected in the separate account for the

month of September);

(ii) Treating \11/15\ of that amount as the amount of taxes charged

during the period September 1st-11th; and

(iii) Treating the remainder of the amount determined under

paragraph (f)(3)(i) of this section (adjusted, if that amount is based

on reasonable expectations, to reflect actual taxes charged through the

end of September) as the amount charged during the period September

12th-15th.

(4) Safe harbor rule based on look-back quarter liability. The safe

harbor rule of Sec. 40.6302(c)-1(c)(2)(i) does not apply for the fourth

calendar quarter unless--

(i) The deposit for alternative method taxes charged during the

period September 1st-11th is not less than \11/90\ of the net tax

liability reported for alternative method taxes for the look-back

quarter; and

(ii) The total deposit for alternative method taxes charged during

the first semimonthly period in September is not less than \1/6\ of the

net tax liability reported for alternative method taxes for the look-

back quarter.

(5) Safe harbor rule based on current liability. The safe harbor

rule of Sec. 40.6302(c)-1(c)(3)(i) does not apply for the fourth

calendar quarter unless--

(i) The deposit for alternative method taxes charged during the

period September 1st-11th is not less than 69.67 percent of the

alternative method

[[Page 58007]]

taxes charged during the first semimonthly period in September; and

(ii) The total deposit for alternative method taxes charged during

the first semimonthly period in September is not less than 95 percent

of the alternative method taxes charged during that semimonthly period.

(6) Persons not required to use electronic funds transfer. In the

case of a person that is not required to deposit excise taxes by

electronic funds transfer (a non-EFT depositor), the rules of this

paragraph (f) apply with the following modifications:

(i) The taxes for which separate deposits must be made are the

taxes charged during the periods September 1st-10th and September 11th-

15th.

(ii) The deposit required for taxes charged during the period

beginning September 1st must be made by September 28. A deposit that

would otherwise be due on September 28 must be made by September 27 if

September 28 is a Saturday and by September 29 if September 28 is a

Sunday.

(iii) The generally applicable fractions and percentage are

modified to reflect the different deposit periods in accordance with

the following table:

------------------------------------------------------------------------

Generally applicable fractions and Modifications for non-EFT

percentage depositors

------------------------------------------------------------------------

11/15.................................. 10/15.

11/90.................................. 10/90.

69.67 percent.......................... 63.33 percent.

------------------------------------------------------------------------

(7) Effective date. This paragraph (f) is effective August 1, 1995,

for all taxes except those imposed by section 4261 or 4271. For taxes

imposed by section 4261 or 4271, this paragraph (f) applies beginning

January 1, 1997.

* * * * *

Par. 6. Section 40.6302(c)-4 is amended as follows:

1. Paragraph (a) is amended by revising the first sentence and

removing the second sentence.

2. Paragraph (b)(1) is amended by removing the language ``transfer

between accounts with the same Government depositary'' in the first

sentence and adding ``electronic funds transfer'' in its place.

3. Paragraph (d) is redesignated as paragraph (e) and a new

paragraph (d) is added.

4. Newly designated paragraph (e) is amended by removing the

language ``Highway Act'' and adding ``Highway Revenue Act'' in its

place.

The revision and addition read as follows:

Sec. 40.6302(c)-4 Special rule for use of Government depositaries

under section 4081.

(a) Overview. This section sets forth a special rule for deposits

of taxes imposed by section 4081.* * *

* * * * *

(d) Special rules for September. Deposits of 14-day rule taxes for

the second semimonthly period in September must be made in the manner

prescribed by Sec. 40.6302(c)-1(e) applied with the following

modifications:

(1) Each reference to 9-day rule taxes is treated, instead, as a

reference to 14-day rule taxes.

(2) The deposit required for the period ending September 30th must

be made at the time prescribed in paragraph (b) of this section (rather

than at the time prescribed in Sec. 40.6302(c)-1(b)(6)(i)).

* * * * *

Sec. 40.6302(c)-5T [Removed]

Par. 7. Section 40.6302(c)-5T is removed.

Sec. 40.9999-1 [Amended]

Par. 8. Section 40.9999-1 is amended as follows:

1. Example 1(iii) is amended by removing the parenthetical

``(Sec. 40.6302(c)-1(e)(2))'' and adding ``(Sec. 40.6302(c)-1(f)(2))''

in its place.

2. Example 3 is amended by:

a. Removing the language ``diesel fuel'' and adding ``aviation

fuel'' in its place in the following locations:

i. Example 3, heading.

ii. Example 3(i)(1), each time it appears in the first sentence.

iii. Example 3(i)(1), second and third sentences.

iv. Example 3(i)(4), second sentence.

v. Example 3(ii), fourth and seventh sentences.

vi. Example 3(iii), third sentence.

vii. Example 3(iv), second sentence.

b. In Example 3(iii), second sentence, removing the parenthetical

``(Sec. 40.6302(c)-1(e)(3))'' and adding ``(Sec. 40.6302(c)-1(f)(3))''

in its place.

PART 48--MANUFACTURERS AND RETAILERS EXCISE TAXES

Par. 9. The authority citation for part 48 continues to read in

part as follows:

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

Sec. 48.4082-2 [Amended]

Par. 9a. In Sec. 48.4082-2, paragraph (a) is amended by removing

the reference ``section 6714'' and adding ``section 6715'' in its

place.

Sec. 48.4083-1 [Amended]

Par. 10. Section 48.4083-1 is amended as follows:

1. In paragraph (b)(1) introductory text, first sentence, the

reference ``section 6714(a)'' is removed and ``section 6715(a)'' is

added in its place.

2. In paragraph (d)(1), second sentence, the reference ``section

6714'' is removed and ``section 6715'' is added in its place.

Sec. 48.6427-7 [Removed]

Par. 11. Section 48.6427-7 is removed.

Sec. 48.6714-1 [Redesignated as Sec. 48.6715-1]

Par. 12. Section 48.6714-1 is redesignated as Sec. 48.6715-1.

Par. 13. In newly designated Sec. 48.6715-1, the first and second

sentences of paragraph (a) introductory text are amended by removing

the reference ``section 6714(a)'' and adding ``section 6715(a)'' in its

place.

PART 49--FACILITIES AND SERVICES EXCISE TAXES

Par. 14. The authority citation for part 49 continues to read as

follows:

Authority: 26 U.S.C. 7805.

Par. 14a. Subpart F, consisting of Sec. 49.4291-1, is added to read

as follows:

Subpart F--Collection of Tax By Persons Receiving Payment

Sec. 49.4291-1 Persons receiving payment must collect tax.

Except as otherwise provided in section 4263(a), every person

receiving any payment for facilities or services on which a tax is

imposed upon the payor thereof under chapter 33 shall collect the

amount of the tax from the person making that payment. Under section

7501, all taxes collected in this manner are held by the collecting

agent in trust for the United States. If the person from whom the tax

is required to be collected refuses to pay it or if for any reason it

is impossible for the collecting agent to collect the tax from that

person, the collecting agent is required to report to the district

director the name and address of that person, the nature of the

facility provided or service rendered, the amount paid therefore, and

the date on which paid. Upon receipt of this information the district

director will proceed against the person to whom the facilities were

provided or the services rendered to assert the amount of tax due,

affording that person the same district conference, protest, and

appellate rights as are available to other excise taxpayers. In

addition, when a field or office audit of a collecting agent's records,

or of a taxpayer's records, discloses that the collecting agent failed

during prior reporting

[[Page 58008]]

periods to collect taxes due, the district director may assert those

taxes directly against the person to whom the facilities were provided

or the services rendered, whether or not the collecting agent had

attempted collection or the person liable for the tax had refused

payment thereof.

PART 301--PROCEDURE AND ADMINISTRATION

Par. 15. The authority citation for part 301 continues to read in

part as follows:

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

Sec. 301.6156-1 [Removed]

Par. 15a. Section 301.6156-1 is removed.

Sec. 301.6206-1 [Removed]

Par. 16. Section 301.6206-1 is removed.

Secs. 301.6415-1 through 301.6421-1 and 301.6423-1 [Removed]

Par. 17. Sections 301.6415-1 through 301.6421-1 and 301.6423-1 are

removed.

Sec. 301.6675-1 [Removed]

Par. 18. Section 301.6675-1 is removed.

Par. 19. The undesignated center heading following Sec. 301.6905-1

is revised to read as follows:

Licensing

Par. 20. The undesignated center heading preceding Sec. 301.7001-1

is removed.

Par. 21. The undesignated center heading preceding Sec. 301.7011-1

is removed.

Sec. 301.7011-1 [Removed]

Par. 22. Section 301.7011-1 is removed.

Sec. 301.7232-1 [Removed]

Par. 23. Section 301.7232-1 is removed.

Sec. 301.7328-1 [Removed]

Par. 24. Section 301.7328-1 is removed.

PART 601--STATEMENT OF PROCEDURAL RULES

Par. 25. The authority citation for part 601 continues to read as

follows:

Authority: 5 U.S.C. 301 and 552.

Sec. 601.101 [Amended]

Par. 25a. Section 601.101 is amended as follows:

1. Paragraph (b) is amended by removing the seventh sentence and

the last sentence.

2. Paragraph (c) is removed.

Par. 26. Section 601.102 is amended as follows:

1. Paragraphs (b)(2)(i) and (b)(2)(ii) are revised.

2. Paragraphs (b)(2)(iii), (b)(2)(iv), and (c) are removed.

The revisions read as follows:

Sec. 601.102 Classification of taxes collected by the Internal Revenue

Service.

* * * * *

(b) * * *

(2) * * *

(i) Employment taxes.

(ii) Miscellaneous excise taxes collected by return.

* * * * *

Sec. 601.104 [Amended]

Par. 27. Section 601.104 is amended as follows:

1. Paragraphs (a)(4) and (a)(5) are removed.

2. Paragraph (c)(4) is amended by removing the eighth and ninth

sentences.

Sec. 601.201 [Amended]

Par. 28. In Sec. 601.201, paragraph (a)(2) is amended by removing

the last sentence.

Sec. 601.202 [Amended]

Par. 29. In Sec. 601.202, paragraph (c)(1) is amended by removing

the parenthetical ``(other than the manufacturers excise tax on

firearms arising from application of sections 4181 and 4182 of the

Internal Revenue Code of 1954)''.

Sec. 601.203 [Amended]

Par. 30. In Sec. 601.203, paragraph (a)(1) is amended by removing

the last sentence.

Subpart C--[Removed and Reserved]

Par. 31. Subpart C of part 601 is removed and reserved.

Par. 32. The heading for subpart D of part 601 is revised to read

as follows:

Subpart D--Provisions Special to Certain Employment Taxes

Secs. 601.402 through 601.405 [Removed]

Par. 33. Sections 601.402 through 601.405 are removed.

Subpart J--[Removed]

Par. 34. Subpart J of part 601 is removed.

PART 602--OMB CONTROL NUMBERS UNDER THE PAPERWORK REDUCTION ACT

Par. 35. The authority citation for part 602 continues to read as

follows:

Authority: 26 U.S.C. 7805.

Par. 35a. In Sec. 602.101, paragraph (c) is amended by:

1. Removing the following entries from the table:

Sec. 602.101 OMB Control numbers.

* * * * *

(c) * * *

------------------------------------------------------------------------

Current OMB

CFR part or section where identified and described control No.

------------------------------------------------------------------------

* * * * *

48.0-3..................................................... 1545-0685

* * * * *

48.4102-1.................................................. 1545-0023

1545-0725

* * * * *

48.4221-8.................................................. 1545-0023

48.4221-9.................................................. 1545-0023

* * * * *

48.6427-7.................................................. 1545-0143

1545-0162

* * * * *

48.6675-1.................................................. 1545-0723

* * * * *

301.7011-1................................................. 1545-0123

* * * * *

601.104.................................................... 1545-0023

1545-0233

* * * * *

601.201.................................................... 1545-0819

* * * * *

601.402.................................................... 1545-0014

601.403.................................................... 1545-0023

* * * * *

------------------------------------------------------------------------

2. Adding entries in numerical order to the table to read as

follows:

Sec. 602.101 OMB Control numbers.

* * * * *

(c) * * *

------------------------------------------------------------------------

Current OMB

CFR part or section where identified and described control No.

------------------------------------------------------------------------

* * * * *

601.104.................................................... 1545-0233

* * * * *

601.201.................................................... 1545-0019

1545-0819

* * * * *

601.401.................................................... 1545-0257

601.504.................................................... 1545-0150

* * * * *

------------------------------------------------------------------------

[[Page 58009]]

Margaret Milner Richardson,

Commissioner of Internal Revenue.

Approved: June 26, 1996.

Donald C. Lubick,

Acting Assistant Secretary of the Treasury.

[FR Doc. 96-28404 Filed 11-8-96; 8:45 am]

BILLING CODE 4830-01-U

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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