Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Rules and Regulations 67355 

determined that the rule does not 

contain policies that have substantial 

direct effects on the States, on the 

relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Accordingly, the 

agency has concluded that the rule does 

not contain policies that have 

federalism implications as defined in 

the Executive order and, consequently, 

a federalism summary impact statement 

is not required. 

V. Paperwork Reduction Act of 1995 

FDA concludes that this rule contains 

no collections of information. Therefore, 

clearance by the Office of Management 

and Budget (OMB) under the Paperwork 

Reduction Act of 1995 (the PRA) (44 

U.S.C. 3501–3520) is not required. 

FDA also concludes that the special 

controls guidance document does not 

contain new information collection 

provisions that are subject to review and 

clearance by OMB under the PRA. 

Elsewhere in this issue of the Federal 

Register, FDA is publishing a notice 

announcing the availability of the 

guidance document entitled ‘‘Class II 

Special Controls Guidance Document: 

Low Energy Ultrasound Wound 

Cleaner.’’

List of Subjects in 21 CFR Part 878 

Medical devices. 

■ Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs, 21 CFR part 878 is 

amended as follows: 

PART 878—GENERAL AND PLASTIC 

SURGERY DEVICES 

■ 1. The authority citation for 21 CFR 

part 878 continues to read as follows: 

Authority: 21 U.S.C. 351, 360, 360c, 360e, 

360j, 360l, 371. 

■ 2. Section 878.4410 is added to 

subpart E to read as follows: 

§ 878.4410 Low energy ultrasound wound 

cleaner. 

(a) Identification. A low energy 

ultrasound wound cleaner is a device 

that uses ultrasound energy to vaporize 

a solution and generate a mist that is 

used for the cleaning and maintenance 

debridement of wounds. Low levels of 

ultrasound energy may be carried to the 

wound by the saline mist. 

(b) Classification. Class II (special 

controls). The special control is FDA’s 

guidance document entitled ‘‘Class II 

Special Controls Guidance Document: 

Low Energy Ultrasound Wound 

Cleaner.’’ See § 878.1(e) for the 

availability of this guidance document. 

Dated: September 28, 2005. 

Linda S. Kahan, 

Deputy Director, Center for Devices and 

Radiological Health. 

[FR Doc. 05–22068 Filed 11–4–05; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9228] 

RIN 1545–BE50 

Low-Income Housing Credit Allocation 

and Certification; Revisions 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Final regulations. 

SUMMARY: This document contains 

regulations that reduce the burden for 

taxpayers filing Form 8609, ‘‘LowIncome Housing Credit Allocation and 

Certification.’’ The regulations affect 

owners of low-income housing projects 

who claim the low-income housing 

credit. 

DATES: Effective Date: These regulations 

are effective November 7, 2005. 

Date of Applicability: For date of 

applicability, see § 1.42–1(j). 

FOR FURTHER INFORMATION CONTACT: Paul 

F. Handleman, (202) 622–3040 (not a 

toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

On January 27, 2004, the Treasury 

Department and IRS published Treasury 

Decision 9112 in the Federal Register 

(69 FR 3826), which removed 

impediments to the electronic filing of 

Form 8609, ‘‘Low-Income Housing 

Credit Allocation and Certification,’’ by 

revising former § 1.42–1T(e)(1) and 

(h)(2) and adding § 1.42–1(h). Former 

§ 1.42–1T(e)(1) and (h)(2) required an 

owner to include a third-party signature 

from an authorized State or local 

housing credit agency (Agency) official 

when filing the form with the owner’s 

Federal income tax return for each year 

of the 15-year compliance period. 

Section 1.42–1(h) contains the filing 

requirement for Form 8609 and no 

longer requires the third-party signature 

when filing the form with the owner’s 

Federal income tax return. 

Explanation of Provisions 

Section 42 provides for a low-income 

housing credit that may be claimed as 

part of the general business credit under 

section 38. In general, the credit is 

allowable only if the owner of a 

qualified low-income building receives 

a housing credit allocation from an 

Agency of the jurisdiction where the 

building is located. 

Section 1.42–1(h) provides that a 

completed Form 8586, ‘‘Low-Income 

Housing Credit,’’ must be filed with the 

owner’s Federal income tax return for 

each taxable year the owner of a 

qualified low-income building is 

claiming the low-income housing credit 

under section 42(a). A completed Form 

8609 must be filed with the owner’s 

Federal income tax return for each of 

the 15 taxable years of the compliance 

period. Failure to comply with the 

requirement of the preceding sentence 

for any taxable year after the first 

taxable year in the credit period will be 

treated as a mathematical or clerical 

error for purposes of section 6213(b)(1) 

and (g)(2). 

The IRS plans to reduce taxpayer 

burden by allowing taxpayers to file 

Form 8609 one time, instead of filing 

the form with the same information for 

15 consecutive years. Taxpayers 

currently file the form as part of their 

return with the Internal Revenue 

Service center that processes their 

return. Planned revisions to the form 

should improve administration of the 

low-income housing credit program by 

requiring taxpayers to send completed 

forms to the Philadelphia service center, 

where each Agency currently sends Part 

I of the form. The requirements for 

completing and filing Form 8609 will be 

addressed in the instructions to the 

form. 

Special Analyses 

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. It 

also has been determined that section 

553(b) and (d) of the Administrative 

Procedure Act (5 U.S.C. chapter 5) does 

not apply to these regulations. Because 

no notice of proposed rulemaking is 

required, the Regulatory Flexibility Act 

(5 U.S.C. chapter 6) does not apply. 

Pursuant to section 7805(f) of the 

Internal Revenue Code, these 

regulations were submitted to the Chief 

Counsel for Advocacy of the Small 

Business Administration for comment 

on their impact on small business. 

Drafting Information 

The principal author of these 

regulations is Paul F. Handleman, Office 

of the Associate Chief Counsel 

(Passthroughs and Special Industries), 

67356 Federal Register / Vol. 70, No. 214 / Monday, November 7, 2005 / Rules and Regulations 

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. 

Adoption of Amendments to the 

Regulations 

■ Accordingly, 26 CFR part 1 is 

amended as follows: 

PART 1—INCOME TAXES 

■ Paragraph 1. The authority citation 

for part 1 continues to read, in part, as 

follows: 

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

■ Par. 2. Section 1.42–1 is amended by 

revising paragraphs (h) and (j) to read as 

follows: 

§ 1.42–1 Limitation on low-income housing 

credit allowed with respect to qualified lowincome buildings receiving housing credit 

allocations from a State or local housing 

credit agency. 

* * * * * 

(h) Filing of forms. Unless otherwise 

provided in forms or instructions, a 

completed Form 8586, ‘‘Low-Income 

Housing Credit,’’ (or any successor 

form) must be filed with the owner’s 

Federal income tax return for each 

taxable year the owner of a qualified 

low-income building is claiming the 

low-income housing credit under 

section 42(a). Unless otherwise 

provided in forms or instructions, a 

completed Form 8609, ‘‘Low-Income 

Housing Credit Allocation and 

Certification,’’ (or any successor form) 

must be filed by the building owner 

with the IRS. The requirements for 

completing and filing Forms 8586 and 

8609 are addressed in the instructions to 

the forms. 

* * * * * 

(j) Effective dates. Section 1.42–1(h) 

applies to forms filed on or after 

November 7, 2005. The rules that apply 

for forms filed before November 7, 2005 

are contained in § 1.42–1T(h) and 

§ 1.42–1(h) (see 26 CFR part 1 revised as 

of April 1, 2003, and April 1, 2005). 

Approved: October 26, 2005. 

Mark E. Matthews, 

Deputy Commissioner for Services and 

Enforcement. 

Eric Solomon, 

Acting Deputy Assistant Secretary of the 

Treasury. 

[FR Doc. 05–21784 Filed 11–4–05; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

26 CFR Parts 1, 25, 26, 53, 55, 156, 157, 

301 

[TD 9229] 

RIN 1545–BE63 

Extension of Time for Filing Returns 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Final and temporary 

regulations. 

SUMMARY: This document contains final 

and temporary regulations relating to 

the simplification of procedures for 

obtaining automatic extensions of time 

to file certain returns. The portions of 

this document that are final regulations 

provide necessary cross-references to 

the temporary regulations. The 

temporary regulations allow individual 

income taxpayers and certain other 

taxpayers to obtain an automatic sixmonth extension of time to file certain 

returns by filing a single request. For 

these returns, the temporary regulations 

also remove the requirements for a 

signature and an explanation of the 

need for an extension of time to file. The 

temporary regulations affect taxpayers 

who are required to file certain returns 

and need an extension of time to file. 

The text of the temporary regulations 

also serves as the text of the proposed 

regulations set forth in the notice of 

proposed rulemaking on this subject in 

the Proposed Rules section of this issue 

of the Federal Register. 

DATES: Effective Date: These regulations 

are effective November 7, 2005. 

Applicability Dates: For dates of 

applicability of these regulations, see 

§§ 1.6081–2T(i), 1.6081–3T(e)(2), 

1.6081–4T(f), 1.6081–5T(g), 1.6081–

6T(g), 1.6081–7T(g), 1.6081–10T(f), 

1.6081–11T(e), 25.6081–1T(f), 26.6081–

1T(f), 53.6081–1T(f), 55.6081–1T(f), 

156.6081–1T(f), 157.6081–1T(f), and 

301.6081–2T(e). 

FOR FURTHER INFORMATION CONTACT: 

Allen D. Madison, (202) 622–4940 (not 

a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

This document contains amendments 

to 26 CFR parts 1, 25, 26, 53, 55, 156, 

157, and 301 under section 6081 of the 

Internal Revenue Code. Section 6081(a) 

provides that the Secretary may grant a 

reasonable extension of time for filing 

any return, declaration, statement, or 

other document required by Title 26 or 

by regulations. Except in the case of 

taxpayers who are abroad, no such 

extension shall be for more than six 

months. The regulations under section 

6081 provide specific rules taxpayers 

must follow to request an extension of 

time to file Federal tax returns. A 

taxpayer must generally submit a 

written application for the extension on 

or before the due date of the return. An 

extension of time for filing a return does 

not extend the time for payment of tax. 

Explanation of Provisions 

Rationale for Change 

Currently, most taxpayers other than 

corporations can receive a full sixmonth extension of time to file their 

income tax returns, but to obtain the full 

six-month extension they must file one 

application for an initial extension of 

time and then file a second application 

to obtain an extension for the balance of 

the six months. For example, individual 

income taxpayers request an initial fourmonth automatic extension on one form 

and then use a second form to request 

a two-month discretionary extension. 

Similarly, trusts and partnerships 

request an initial three-month automatic 

extension on one form and then use a 

second form to request a three-month 

discretionary extension. Requiring these 

taxpayers to file two different forms to 

obtain the full six-month extension 

creates an unnecessary burden on 

taxpayers and the IRS, and it can cause 

unnecessary confusion. 

To reduce the complexity of the 

current extension process, and to 

provide cost savings and other benefits 

to taxpayers and the IRS, these 

temporary regulations simplify the 

extension process by allowing certain 

taxpayers to file a single request for an 

automatic six-month extension of time 

to file certain returns. Because the 

extension is automatic, these taxpayers 

do not need to sign the extension 

request or provide an explanation of the 

reasons for requesting an extension. 

Simplifying, consolidating, and 

standardizing extension forms will 

reduce taxpayer burden and will also 

reduce taxpayer confusion and error in 

filing the correct form. In addition, 

taxpayers will save considerable time 

and expense by not having to complete 

and file a second request to obtain the 

full six-month extension. This 

simplification will also lower 

processing costs and facilitate increased 

efficiency for the IRS. According to IRS 

research, simplification of the extension 

process will save taxpayers between 

$73–94 million annually and will save 

the IRS $4.6 million annually. 

Individual Income Taxpayers 

Currently, individual income 

taxpayers submit Form 4868