2024 Supporting Statement 1545-1913-Clean-JC

2024 Supporting Statement 1545-1913-Clean-JC.docx

Application for Automatic Extension of Time To File Form 709 or Form 709-NA and/or Payment of Gift/Generation-Skipping Transfer Tax

OMB: 1545-1913

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SUPPORTING STATEMENT

Internal Revenue Service

Form 8892, Application for Automatic Extension of Time to File Form 709 or Form 709-NA and/or Payment of Gift/Generation-Skipping Transfer Tax

OMB Control Number - 1545-1913


1. CIRCUMSTANCES NECESSITATING COLLECTION OF INFORMATION


Internal Revenue Code (IRC) Section 6081 Extension of Time for Filing Returns, and

IRC Section 6151 Time and Place for Paying Tax Shown on Returns are the statutes of authority for Form 8892 which may be attached to a tax return and processed.


Form 8892 is used to request an extension of time to file Form 709 or Form 709-NA when they are not filing an individual income tax extension. Additionally, the Form 8892 serves as a payment voucher when filing an individual income tax extension (by Form 4868) and will have a gift tax balance due on Form 709 or 709-NA.


2. USE OF DATA


The information is to be used to grant or deny requests for extension to file Form 709 or Form 709-NA, and process payments of Gift/Generation-Skipping Transfer (GST) tax properly to taxpayer’s accounts.


3. USE OF IMPROVED INFORMATION TECHNOLOGY TO REDUCE BURDEN


IRS has no plans to offer electronic filing due to the low number of filers.


4. EFFORTS TO IDENTIFY DUPLICATION


The information obtained through this collection is unique and is not already available for use or adaptation from another source.


5. METHODS TO MINIMIZE BURDEN ON SMALL BUSINESSES OR OTHERSMALL ENTITIES


There is no burden on small businesses or entities by this collection due to the inapplicability of the authorizing statute to this type of entity.


6. CONSEQUENCES OF LESS FREQUENT COLLECTION ON FEDERAL PROGRAMS OR POLICY ACTIVITIES


Consequences of less frequent collection would result in the IRS being unable to grant timely requests for extension to file Form 709 or Form 709-NA, and the processing of payments of Gift/GST Tax thereby jeopardizing the ability of the IRS to meet its mission.


7. SPECIAL CIRCUMSTANCES REQUIRING DATA COLLECTION TO BE INCONSISTENT WITH GUIDELINES IN 5 CFR 1320.5(d)(2)


This data collection is not inconsistent with guidelines in 5 CFR 1320.5(d)(2).


8. CONSULTATION WITH INDIVIDUALS OUTSIDE OF THE AGENCY ON AVAILABILITY OF DATA, FREQUENCY OF COLLECTION, CLARITY OF INSTRUCTIONS AND FORMS, AND DATA ELEMENTS


In response to the Federal Register notice dated October 9, 2024 (89 FR 81989), we received no comments during the comment period regarding Form 8892.


9. EXPLANATION OF DECISION TO PROVIDE ANY PAYMENT OR GIFT TO RESPONDENTS


No payments or gifts are being provided to respondents.


10. ASSURANCE OF CONFIDENTIALITY OF RESPONSES


Generally, tax returns and tax return information are confidential as required by 26 USC 6103.


11. JUSTIFICATION OF SENSITIVE QUESTIONS


A privacy impact assessment (PIA) has been conducted for information collected under this request as part of the “Returns Inventory and Classification System (RICS)” and a Privacy Act System of Records notice (SORN) has been issued for this system under IRS 24.046 - Customer Account Data Engine Business Master File and IRS 34.037 - IRS Audit Trail and Security Records System. The Internal Revenue Service’s PIAs can be found at https://www.irs.gov/privacy-disclosure/privacy-impact-assessments-pia.


Title 26 U.S.C. 6109 requires inclusion of identifying numbers in returns, statements, or other documents for securing proper identification of persons required to make such returns, statements, or documents and is the authority for social security numbers. (SSNs) in IRS systems.


12. ESTIMATED BURDEN OF INFORMATION COLLECTION


Taxpayers will file Form 8892 to request an extension of time to file Form 709 or Form 709-NA, when they are not filing an individual income tax return. Additionally, the Form 8892 serves as a payment voucher when filing an individual income tax extension (by Form 4868) and will have a gift tax balance due on Form 709 or 709-NA. The IRS anticipates that there will be 300 responses annually, with an estimated response time of 41 minutes per response.


Burden Estimate is as follows:




Authority



Description


# of Respondents

#Responses per

Respondent


Annual

Response


Hours per

Response

Total Burden

Hours

IRC §§

6081, 6151


Form 8892


300


1


300


.76


229

Totals


300


300


229


The following are related regulations which impose no additional burden. Please continue to assign OMB number 1545-1913 to these regulations.


25.6151-1 25.6081-1


13. ESTIMATED TOTAL ANNUAL COST BURDEN TO RESPONDENTS


There are no start-up or maintenance costs for this collection. The collection does not require respondents to obtain specialized equipment or professional services.


14. ESTIMATED ANNUALIZED COST TO THE FEDERAL GOVERNMENT


The Federal government cost estimate is based on a model that considers the following three cost factors for each information product: aggregate labor costs for development, including annualized startup expenses, operating and maintenance expenses, and distribution of the product that collects the information.


The government computes cost using a multi-step process. First, the government creates a weighted factor for the level of effort to create each information collection product based on variables such as complexity, number of pages, type of product and frequency of revision. Second, the total costs associated with developing the product such as labor cost, and operating expenses associated with the downstream impact such as support functions, are added together to obtain the aggregated total cost. Then, the aggregated total cost and factor are multiplied together to obtain the aggregated cost per product. Lastly, the aggregated cost per product is added to the cost of shipping and printing each product to IRS offices, National Distribution Center, libraries, and other outlets. The result is the Government cost estimate per product.


The government cost estimate for this collection is summarized in the table below.


Product

Aggregate Cost per Product (factor applied)


Printing and Distribution


Government Cost Estimate per Product

Form 8892

$21,035

+

$0

=

$21,035

Table costs are based on 2024 actuals obtained from IRS Chief Financial Office and Media and Publications



15. REASONS FOR CHANGE IN BURDEN


The title of the Form 8892 was revised due to the creation of Form 709-NA United States Gift (and Generation-Skipping Transfer) Tax Return of Nonresident Not a Citizen of the United States. There are no changes to the response time for completing the Form 8892. The IRS is increasing burden estimates due to the potential number of respondents from Form 709-NA by 279 responses and 213 hours.


We are making this submission to renew the OMB approval.


 

Requested

Program Change Due to New Statute

Program Change Due to Agency Discretion

Change Due to Adjustment in Agency Estimate

Change Due to Potential Violation of the PRA

Previously Approved

Annual Number of Responses for this IC


300


0


0


279


0


21

Annual IC Time Burden (Hours)


229


0


0


213


0


16

Annual Cost Burden ($)


0


0


0


0


0


0



16. PLANS FOR TABULATION, STATISTICAL ANALYSIS AND PUBLICATION


There are no plans for tabulation, statistical analysis, and publication.


17. REASONS WHY DISPLAYING THE OMB EXPIRATION DATE IS INAPPROPRIATE


IRS believes that displaying the OMB expiration date is inappropriate because it could cause confusion by leading taxpayers to believe that the form sunsets as of the expiration date. Taxpayers are not likely to be aware that the IRS intends to request renewal of the OMB approval and obtain a new expiration date before the old one expires.


18. EXCEPTIONS TO THE CERTIFICATION STATEMENT


There are no exceptions to the certification statement.



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