[Federal Register: November 10, 2003 (Volume 68, Number 217)]
[Rules and Regulations]
[Page 63733-63734]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10no03-1]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
[[Page 63733]]
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9094]
RIN 1545-BC01
Return of Partnership Income
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Final and temporary regulations.
-----------------------------------------------------------------------
SUMMARY: This document contains final and temporary regulations that
authorize the Commissioner to provide exceptions to the requirements of
section 6031(a) of the Internal Revenue Code for certain partnerships
by guidance published in the Internal Revenue Bulletin. The text of
these temporary regulations also serves as the text of the proposed
regulations set forth in the Proposed Rules section in this issue of
the Federal Register.
DATES: Effective Date: These regulations are effective November 5,
2003.
Applicability Date: For dates of applicability, see Sec. Sec.
1.6031(a)-1(f)(2) and 1.6031(a)-1T(f)(2).
FOR FURTHER INFORMATION CONTACT: David A. Shulman, (202) 622-3070 (not
a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
A partnership may be used to create the economic equivalent of a
variable-rate tax-exempt bond. The partnership acquires a tax-exempt
obligation and issues both interests that are entitled to preferred
returns based on current short-term yields on tax-exempt obligations
(variable-rate interests) and interests that are entitled to the rest
of the partnership's income (inverse interests). As a consequence of
this structure, the partner that holds a variable-rate interest in the
partnership receives a return that is equivalent to the return on a
variable-rate tax-exempt bond. Under section 702(b), income received by
a partnership generally retains its character when allocated to a
partner.
Section 6031(a) requires every partnership to make a return for
each taxable year stating specifically the items of its gross income
and the deductions allowable by subtitle A of the Internal Revenue
Code, as well as other specified information. Section 6031(b) requires
every partnership that is required to file a return under section
6031(a) to provide each person who is a partner with such information
as may be required by regulations. Section 1.6031(b)-1T(a)(3) provides
that the partner must be provided such information as is required by
any form or instructions that may be required. Generally, a Schedule K-
1 (Form 1065) must be provided to each partner.
Section 404 of the Tax Equity and Fiscal Responsibility Act of 1982
(Pub. L. 97-248; 96 Stat. 324, 669) (TEFRA) authorizes regulations that
provide exceptions to the filing requirement of section 6031. Current
Sec. 1.6031(a)-1(a)(3) and (c) provides exceptions for partnerships
that have no income, deductions, or credits for a taxable year and for
eligible partnerships that elect to be excluded from the application of
subchapter K in the manner specified by Sec. 1.761-2(b)(2)(i) or are
deemed to have so elected under Sec. 1.761-2(b)(2)(ii).
The Treasury Department and the IRS believe that it is in the
interest of sound and efficient administration of the tax laws to
permit the Commissioner to provide in a timely and flexible manner for
an additional exception to the requirements of section 6031(a) in
situations in which all or substantially all of the partnership's
income is derived from the holding or disposition of tax-exempt
obligations or shares in a regulated investment company (as defined in
section 851(a))(RIC) that pays exempt-interest dividends (as defined in
section 852(b)(5)).
Explanation of Provisions
Under temporary regulations, the Commissioner may, in guidance
published in the Internal Revenue Bulletin, provide an exception to the
reporting requirements of section 6031(a) for partnerships in
situations in which all or substantially all of the partnership's
income is derived from the holding or disposition of tax-exempt
obligations (as defined in section 1275(a)(3) and Sec. 1.1275-1(e)) or
shares in a RIC that pays exempt-interest dividends (as defined in
section 852(b)(5)). The exception may be conditioned on substitute
reporting and eligibility and other requirements. In conjunction with
issuance of this temporary regulation, the Commissioner is publishing
Rev. Proc. 2003-84, I.R.B. 2003-48, which provides for an exception to
section 6031 for specified eligible partnerships.
Effective Date
These regulations are effective November 5, 2003.
Special Analyses
These temporary regulations are necessary to allow the publication
of guidance in the Internal Revenue Bulletin to reduce the burden on
certain partnerships. Accordingly, good cause is found for dispensing
with notice and public procedure pursuant to 5 U.S.C. 553(b)(B) and
with a delayed effective date pursuant to 5 U.S.C. 553(d)(1) and (3).
It has been determined that this Treasury decision is not a significant
regulatory action as defined in Executive Order 12866. Therefore, a
regulatory assessment is not required. Because no preceding notice of
proposed rulemaking is required for this temporary regulation, the
provisions of the Regulatory Flexibility Act do not apply. Pursuant to
section 7805(f) of the Code, these temporary regulations will be
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 David A. Shulman of
the Office of the Associate Chief Counsel (Passthroughs & Special
Industries), IRS. However, other personnel from the IRS and Treasury
Department participated in their development.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and recordkeeping requirements.
Amendments to the Regulations
0
Accordingly, 26 CFR part 1 is amended as follows:
[[Page 63734]]
PART 1--INCOME TAXES
0
Paragraph 1. The authority citation for part 1 is amended by adding the
following citation:
Authority: 26 U.S.C. 7805. * * *
Section 1.6031(a)-1T also issued under section 404 of the Tax
Equity and Fiscal Responsibility Act of 1982 (Public Law 97-248; 96
Stat. 324, 669) (TEFRA). * * *
0
Par. 2. Section 1.6031(a)-1 is amended as follows:
0
1. In paragraph (a)(1), the first sentence is amended by adding the
language ``and Sec. 1.6031(a)-1T'' immediately following the language
``of this section''.
0
2. The text of paragraph (a)(3) is redesignated as paragraph (a)(3)(i).
0
3. Paragraph (a)(3)(ii) is added.
0
4. Paragraph (f) is revised.
The additions and revisions read as follows:
Sec. 1.6031(a)-1 Return of partnership income.
(a) * * *
(3) * * * (i) * * *
(ii) [Reserved]. For further guidance see Sec. 1.6031(a)-
1T(a)(3)(ii).
* * * * *
(f) Effective dates. This section applies to taxable years of a
partnership beginning after December 31, 1999, except that'
(1) Paragraph (b)(3) of this section applies to taxable years of a
foreign partnership beginning after December 31, 2000; and
(2) [Reserved]. For further guidance, see Sec. 1.6031(a)-1T(f)(2).
0
Par. 3. Section 1.6031(a)-1T is added to read as follows:
Sec. 1.6031(a)-1T Return of partnership income (temporary).
(a) through (a)(3)(i) [Reserved]. For further guidance see Sec.
1.6031(a)-1(a) through (a)(3)(i).
(ii) The Commissioner may, in guidance published in the Internal
Revenue Bulletin (see Sec. 601.601(d)(2)(ii)(b) of this chapter),
provide for an exception to partnership reporting under section 6031
and for conditions for the exception, if all or substantially all of a
partnership's income is derived from the holding or disposition of tax-
exempt obligations (as defined in section 1275(a)(3) and Sec. 1.1275-
1(e)) or shares in a regulated investment company (as defined in
section 851(a)) that pays exempt-interest dividends (as defined in
section 852(b)(5)).
(a)(4) through (f)(1) [Reserved]. For further guidance see Sec.
1.6031(a)-1(a)(4) through (f)(1).
(f)(2) Effective dates. Paragraph (a)(3)(ii) of this section
applies to taxable years of a partnership beginning on or after
November 5, 2003. The applicability of paragraph (a)(3)(ii) of this
section expires on or before November 6, 2006.
Dated: October 30, 2003.
Mark E. Matthews,
Deputy Commissioner for Services and Enforcement.
Pamela F. Olson,
Assistant Secretary of the Treasury.
[FR Doc. 03-28190 Filed 11-5-03; 1:41 pm]
BILLING CODE 4830-01-P