77088 Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Notices 

Estimated Total Annual Burden 

Hours: 72,578. 

The following paragraph applies to all 

of the collections of information covered 

by this notice: 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless the collection of information 

displays a valid OMB control number. 

Books or records relating to a collection 

of information must be retained as long 

as their contents may become material 

in the administration of any internal 

revenue law. Generally, tax returns and 

tax return information are confidential, 

as required by 26 U.S.C. 6103. 

Request for Comments: Comments 

submitted in response to this notice will 

be summarized and/or included in the 

request for OMB approval. All 

comments will become a matter of 

public record. Comments are invited on: 

(a) Whether the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

(b) the accuracy of the agency’s estimate 

of the burden of the collection of 

information; (c) ways to enhance the 

quality, utility, and clarity of the 

information to be collected; (d) ways to 

minimize the burden of the collection of 

information on respondents, including 

through the use of automated collection 

techniques or other forms of information 

technology; and (e) estimates of capital 

or start-up costs and costs of operation, 

maintenance, and purchase of services 

to provide information. 

Approved: December 17, 2014. 

Christie Preston, 

IRS Reports Clearance Officer. 

[FR Doc. 2014–30112 Filed 12–22–14; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Proposed Collection; Comment 

Request for the Annual Return/Report 

of Employee Benefit Plan 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of the 

Treasury, as part of its continuing effort 

to reduce paperwork and respondent 

burden, invites the general public and 

other Federal agencies to take this 

opportunity to comment on proposed 

and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 (44 U.S.C. 

3506(c)(2)(A)). Currently, the IRS is 

soliciting comments concerning the 

Annual Return/Report of Employee 

Benefit Plan. 

DATES: Written comments should be 

received on or before February 23, 2015 

to be assured of consideration. 

ADDRESSES: Direct all written comments 

to Christie Preston, Internal Revenue 

Service, Room 6129, 1111 Constitution 

Avenue NW., Washington, DC 20224. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the forms and instructions 

should be directed to R. Joseph Durbala 

at Internal Revenue Service, Room 6129, 

1111 Constitution Avenue NW., 

Washington, DC 20224, or through the 

internet at RJoseph.Durbala@irs.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Annual Return/Report of 

Employee Benefit Plan. 

OMB Number: 1545–1610. 

Form Number: 5500 and Schedules. 

Abstract: The Annual Return/Report 

of Employee Benefit Plan is an annual 

information return filed by employee 

benefit plans. The IRS uses this 

information to determine if the plan 

appears to be operating properly as 

required under the law or whether the 

plan should be audited. 

Current Actions: PBGC, the 

Department of Labor (DOL), and the 

Internal Revenue Service (IRS) work 

together to produce the Form 5500 

Annual Return/Report for Employee 

Benefit Plan and Form 5500–SF Short 

Form Annual Return/Report for Small 

Employee Benefit Plan (Form 5500 

Series), through which the regulated 

public can satisfy the combined 

reporting/filing requirements applicable 

to employee benefit plans. 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Notices 77089 


mstockstill on DSK4VPTVN1PROD with NOTICESEN23DE14.012</GPH>

The IRS Changes For PY 2015 Form 5500s 

Suggested Changes Add to Authorities Compliance and Use For 

I. General 

1 Trust information: Form 5500, IRC § 6058(a), • Trust information used to be in Schedule P, 

Schedule 401(a), 501(a) and was added to the 2012 Form 5500 as 

Name of trust H/1, Forms Similar optional items. Trust information will be 

Trust's EIN 5500-SF, and questions were mandatory items for the plan year beginning 

Name of trustee or custodian 5500-Sup previously on in 2015. Information will be used for EP 

Trustee or custodian's telephone number Schedule P Exam and EPCU programs. 

• The trust and trustee are subject to a 

number of requirements for which the 

agencies have shared jurisdiction. Collecting 

Trust/Trustee information will enable the 

agencies to efficiently monitor compliance. 

2 Preparer Information: Forms 5SOO, IRC §§ 6058(a) • Optional preparer information was 

5500-SF, and 7701(a)(36), eliminated from Form 5500 since 2009 and 

Preparer's name (including firm name, if 5500-Sup 6109,6695, added back in the 2012 Form 5500s. 

applicable) § 1.6109 Preparer information will be mandatory 

Preparer address (include room or suite Similar items for the plan year beginning in 2015. 

number) questions were • EP Exam needs at least basic information of 

Preparer's telephone number on 2008 and preparers, so that Exam can contact 

previous years preparers for issues relating to Form 5500s 

Form 5500. and plan qualifications. 

• It will assist IRS and DOL for projects relating 

to tax compliance and fiduciary duties . 

• 
77090 Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Notices 


mstockstill on DSK4VPTVN1PROD with NOTICESEN23DE14.013</GPH>

5 

9 

The IRS Changes For PY 2015 Form 5500s 

Suggested Changes 

Plan document and qualification 

Has the Plan been timely amended for all 

required tax law changes? 

Check box Yes No 

Date of the last Plan amendment/ 

restatement for the required tax law change 

was adopted_/_/ __ . 

If the Employer is an adopter of a preapproved master and prototype (M&P), or 

volume submitter plan that is subject to IRS 

favorable opinion or advisory letter, enter 

the date of that letter _I_/ __ and a 

letter serial number __ _ 

If the plan is an individually-designed plan 

and received a favorable determination 

letter from IRS, please enter the date of 

Plan's last favorable determination letter 

_/_/_. 

Did the plan trust incur unrelated business 

taxable income? 

Check box Yes No N/A 

If Yes, Amount __ _ 

II. ESOP 

Add to 

ScheduleR, 

Forms 5500-

SF and 5500-

Sup 

Schedule 

H/1, Forms 

5500-SF and 

5500-Sup 

Is the plan an ESOP that received dividends Schedule R, 

on employer stock that were tax-deductible Form 5500-

under section 404(k)? Sup 

Check box D Yes No 

If "yes": 

(i) What was the total dividend amount? 

(ii) What was the dividend rate? __ _ 

(iii) Were any dividends, payments in 

Authorities 

IRC §§6058(a) 

401(a) 

IRC §§6058(a), 

511 and 512 

IRC §§6047(e) 

409(p), 4975 

Compliance and Use For 

• Used for pre-planning to determine 

Remedial amendment cycle (RAC) and 

remedial amendment period ( RAP). The 

initial exam letter can be tailored to 

respective required adoption dates under 

Rev. Proc. 2007-44. 

• Provide information on how many adopters 

of the pre-approved plans are in existence 

that is helpful for future EPCU projects or 

follow-ups we may want. 

It will assist IRS for purpose of tax compliance 

to identify 401(a) trust on unrelated business 

income, which comes from an activity not 

related to the tax-exempt purpose of that trust. 

• This information is buried in the other 

deductions section of the taxpayer's 1120. 

The dollar amount of the deduction would 

help in classifying the return for 

Examinations and EPCU projects targeting 

potential tax abusers. 

• Both (b) and (c) are taken from previous 

Schedule E. For (b), an unreasonable 

dividend violates§ 404(k). This information 

would allow us to target potential tax 
Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Notices 77091 


mstockstill on DSK4VPTVN1PROD with NOTICESEN23DE14.014</GPH>

10 

12 

The IRS Changes For PY 2015 Form 5500s 

Suggested Changes 

redemption of stock? 

Check box Yes No 

Is the plan a section 401(k) plan: 

Check box Yes 0 No 

If "yes," how does the plan satisfy the 

nondiscrimination requirements for 

employee deferrals and employer matching 

contributions (as applicable) under sections 

401(k)(3) and 402(m)(2)? 

Check box 

0 Design-based safe harbor method 

AD!AcPtest 

If ADP/ACP test is used, did the plan 

perform ADP/ACP testing for the plan year 

using the "current year testing method" for 

non highly compensated employees (Treas. 

Reg. section 1.401(k)-2(a)(2)(ii))? 

Check box 0 Yes 0 No 

IV. Nondiscrimination & Coverage 

Check the box to indicate the method used 

by the plan to satisfy the coverage 

requirements under section 410(b): 

D 

D 

ratio percentage test 

average benefit test 

Does the plan satisfy the coverage and 

nondiscrimination tests of sections 410(b) 

and 401(a)(4) by combining this plan with 

any other plans under the permissive 

aggregation rules? 

Check box Yes No 

Add to 

ScheduleR, 

Forms 5500-

SF, and 

5500-Sup 

ScheduleR, 

Forms 5500-

SF, and 

5500-Sup 

Authorities 

IRC §§6058(a) 

401(k), 401(m). 

IRC §§6058(a) 

401(a)(4), 

410(b) 

Compliance and Use For 

abusers. (c) is the issue, which we are 

winning in the courts and need to pursue. 

• It will assist IRS agents in performing preaudit analysis and request the appropriate 

information when preparing the initial lOR. 

• Used for compliance reasons because of 

different rules applied for safe harbor plans. 

Failure to meet requirements results in 

disqualification of plan which may be 

corrected under Rev. Proc. 2013-12 

• Because of changes on Determination letter 

program that eliminated the option to 

request a determination on coverage and 

nondiscrimination, proposal will assist IRS 

agents in performing pre-audit analysis and 

will enable agents to request the 

appropriate information when preparing the 

initial I DR. 

• Would provide criteria to enable 

Classification Specialists and EP Analysts to 

perform more precise return/issue 

selections 

• Compliance with respect to 

contributions/benefits and coverage 

• Encourages development/use of internal 

controls (for testing and aggregation rules) 

• VCP available under Rev. Proc. 2013-12 for 

failures which should be identified by 

sponsor earlier 
77092 Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Notices 

The aforementioned changes will 

generate and increase in burden by 

21,000 hours and increase the estimated 

number of responses by 36,000 per year. 

Form 5500–SUP is a paper-only form 

filed with the IRS that is used by the 

sponsors and administrators of 

retirement plans to satisfy the reporting 

requirements of section 6058. Form 

5500–SUP should only be used if 

certain IRS compliance questions are 

not answered electronically on the Form 

5500 or Form 5500–SF. The creation of 

Form 5500–SUP, may create a new 

paper filing requirement. The paper 

submission of this form will increase 

the estimated number of responses by 

500 and the estimated annual burden by 

7,140 hours. 

Type of Review: Revision of a 

currently approved collection. 

Affected Public: Business or other forprofit organizations, individuals and 

households, not-for profit institutions, 

and farms. 

Estimated Number of Respondents: 

822,500. 

Estimated Time Per Respondent: 25 

minutes. 

Estimated Total Annual Burden 

Hours: 347,140. 

The following paragraph applies to all 

of the collections of information covered 

by this notice: 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless the collection of information 

displays a valid OMB control number. 

Books or records relating to a collection 

of information must be retained as long 

as their contents may become material 

in the administration of any internal 

revenue law. Generally, tax returns and 

tax return information are confidential, 

as required by 26 U.S.C. 6103. 

Request for Comments: Comments 

submitted in response to this notice will 

be summarized and/or included in the 

request for OMB approval. All 

comments will become a matter of 

public record. Comments are invited on: 

(a) Whether the collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

(b) the accuracy of the agency’s estimate 

of the burden of the collection of 

information; (c) ways to enhance the 

quality, utility, and clarity of the 

information to be collected; (d) ways to 

minimize the burden of the collection of 

information on respondents, including 

through the use of automated collection 

techniques or other forms of information 

technology; and (e) estimates of capital 

or start-up costs and costs of operation, 

maintenance, and purchase of services 

to provide information. 

Approved: December 15, 2014. 

R. Joseph Durbala, 

IRS, Tax Analyst. 

[FR Doc. 2014–29939 Filed 12–22–14; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Agency Information Collection 

Activity; Proposed Collection 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of the 

Treasury, as part of its continuing effort 

to reduce paperwork and respondent 

burden, invites the general public and 

other Federal agencies to take this 

opportunity to comment on proposed 

and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13(44 U.S.C. 

3506(c)(2)(A)). Currently, the IRS is 

soliciting comments concerning, 

Automatic Contribution Arrangements. 

DATES: Written comments should be 

received on or before February 23, 2015 

to be assured of consideration. 


mstockstill on DSK4VPTVN1PROD with NOTICESEN23DE14.015</GPH>