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Recapture of Interest on Excess Credits Under the Families First Act, CARES Act, and ARP (proposed rule, 89 FR 54742, July 2, 2024)

Summary

A proposed rule from the Internal Revenue Service (IRS), Treasury, published in the Federal Register on July 2, 2024 (Vol. 89, No. 127; REG–109032–23). It proposes to let the IRS assess as an underpayment of tax any overpayment interest paid to a taxpayer on an erroneous refund of the COVID–19 employment tax credits. The proposal covers the credits under the Families First Coronavirus Response Act, the CARES Act and the American Rescue Plan Act of 2021. It would affect businesses, tax-exempt organizations and certain governmental entities that claim the paid sick leave credit, the paid family leave credit or the employee retention credit. It builds on final regulations (TD 9978) published on July 26, 2023 (88 FR 48118). Comments and requests for a public hearing must be received by August 16, 2024.

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Cite this document

“Recapture of Interest on Excess Credits Under the Families First Act, CARES Act, and ARP (proposed rule, 89 FR 54742, July 2, 2024).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/recapture-of-interest-on-excess-credits-under-the-families-first-act-c-32957e7dc2/, SHA-256 74fd4cbed4a2d43f72aacf8e16305ad24a3f0a4ce55dba520453bf58317f9666.

Full text

                                                54742                     Federal Register / Vol. 89, No. 127 / Tuesday, July 2, 2024 / Proposed Rules

                                                air_traffic/publications/airspace_                       certified that this proposed rule, when                   DEPARTMENT OF THE TREASURY
                                                amendments/.                                             promulgated, will not have a significant
                                                  You may review the public docket                       economic impact on a substantial                          Internal Revenue Service
                                                containing the proposal, any comments                    number of small entities under the
                                                received, and any final disposition in                   criteria of the Regulatory Flexibility Act.               26 CFR Part 31
                                                person in the Dockets Operations office
                                                                                                         Environmental Review                                      [REG–109032–23]
                                                (see ADDRESSES section for address,
                                                phone number, and hours of                                  This proposal will be subject to an                    RIN 1545–BQ79
                                                operations). An informal docket may                      environmental analysis in accordance
                                                also be examined during regular                          with FAA Order 1050.1F,                                   Recapture of Interest on Excess
                                                business hours at the office of the                      ‘‘Environmental Impacts: Policies and                     Credits Under the Families First Act,
                                                Eastern Service Center, Federal Aviation                 Procedures,’’ prior to any final                          CARES Act, and ARP
                                                Administration, Room 210, 1701                           regulatory action by the FAA.                             AGENCY: Internal Revenue Service (IRS),
                                                Columbia Ave., College Park, GA,
                                                                                                         Lists of Subjects in 14 CFR Part 71                       Treasury.
                                                30337.
                                                                                                                                                                   ACTION: Notice of proposed rulemaking.
                                                Incorporation by Reference                                Airspace, Incorporation by reference,
                                                                                                         Navigation (air).                                         SUMMARY: This document sets forth
                                                  Class E airspace designations are
                                                published in Paragraph 6005 of FAA                       The Proposed Amendment                                    proposed regulations providing that the
                                                Order JO 7400.11, Airspace                                                                                         IRS will assess as an underpayment of
                                                                                                           In consideration of the foregoing, the                  tax any overpayment interest paid to a
                                                Designations and Reporting Points,                       Federal Aviation Administration
                                                which is incorporated by reference in 14                                                                           taxpayer on an erroneous refund of the
                                                                                                         proposes to amend 14 CFR part 71 as                       employment tax credits provided under
                                                CFR 71.1 on an annual basis. This                        follows:
                                                document proposes to amend the                                                                                     the Families First Coronavirus Response
                                                current version of that order, FAA Order                                                                           Act, the Coronavirus Aid, Relief, and
                                                                                                         PART 71—DESIGNATION OF CLASS A,                           Economic Security Act, and the
                                                JO 7400.11H, Airspace Designations and                   B, C, D, AND E AIRSPACE AREAS; AIR
                                                Reporting Points, dated August 11,                                                                                 American Rescue Plan Act of 2021.
                                                                                                         TRAFFIC SERVICE ROUTES; AND                               These proposed regulations affect
                                                2023, and effective September 15, 2023.                  REPORTING POINTS
                                                These updates will be published in the                                                                             businesses, tax-exempt organizations,
                                                next update to FAA Order JO 7400.11.                                                                               and certain governmental entities that
                                                                                                         ■ 1. The authority citation for part 71
                                                FAA Order JO 7400.11H is publicly                                                                                  claim the paid sick leave credit and the
                                                                                                         continues to read as follows:
                                                available as listed in the ADDRESSES                                                                               paid family leave credit under the
                                                                                                           Authority: 49 U.S.C. 106(f), 106(g); 40103,             Families First Coronavirus Response
                                                section of this document. FAA Order JO                   40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
                                                7400.11H lists Class A, B, C, D, and E                                                                             Act and the American Rescue Plan Act
                                                                                                         1959–1963 Comp., p. 389.                                  of 2021, and that claim the employee
                                                airspace areas, air traffic service routes,
                                                and reporting points.                                    § 71.1       [Amended]                                    retention credit under the Coronavirus
                                                                                                                                                                   Aid, Relief, and Economic Security Act
                                                                                                         ■ 2. The incorporation by reference in
                                                The Proposal                                                                                                       and the American Rescue Plan Act of
                                                                                                         14 CFR 71.1 of FAA Order JO 7400.11H,
                                                   The FAA proposes an amendment to                                                                                2021.
                                                                                                         Airspace Designations and Reporting
                                                14 CFR part 71 to amend Class E                          Points, dated August 11, 2023, and                        DATES: Written or electronic comments
                                                airspace by adding airspace extending                    effective September 15, 2023, is                          and requests for a public hearing must
                                                upward from 700 feet above the surface                   amended as follows: Paragraph 6005.                       be received by August 16, 2024.
                                                within a 6.1-mile radius of the point in                 Class E Airspace Areas Extending                          ADDRESSES: Commenters are strongly
                                                space (lat 30°27′26″ N, long 84°15′40″                   Upward from 700 feet or More Above                        encouraged to submit public comments
                                                W) for Tallahassee Memorial Hospital                     the Surface of the Earth.                                 electronically via the Federal
                                                Heliport, Tallahassee, FL. Controlled                                                                              eRulemaking Portal at http://
                                                                                                         *     *     *    *     *
                                                airspace is necessary for the safety and                                                                           www.regulations.gov (indicate IRS and
                                                management of instrument flight rules                    ASO FL E5 Tallahassee, FL [Amended]
                                                                                                                                                                   REG–109032–23) by following the
                                                (IFR) operations in the area.                            Tallahassee Regional Airport                              online instructions for submitting
                                                                                                           (Lat 30°23′48″ N, long 84°21′02″ W)                     comments. Requests for a public hearing
                                                Regulatory Notices and Analyses                          Quincy Municipal Airport
                                                  The FAA has determined that this                         (Lat 30°35′53″ N, long 84°33′27″ W)
                                                                                                                                                                   must be submitted as prescribed in the
                                                proposed regulation only involves an                     Tallahassee Memorial Hospital Heliport                    ‘‘Comments and Requests for a Public
                                                established body of technical                              (Lat 30°27′26″ N, long 84°15′40″ W)                     Hearing’’ section. Once submitted to the
                                                regulations for which frequent and                         That airspace extending upward from 700                 Federal eRulemaking Portal, comments
                                                routine amendments are necessary to                      feet above the surface within a 10-mile radius            cannot be edited or withdrawn. The
                                                keep them operationally current. It,                     of the Tallahassee Regional Airport within a              Department of the Treasury (Treasury
                                                therefore, (1) is not a ‘‘significant                    6.3-mile radius of Quincy Municipal Airport               Department) and the IRS will publish
                                                                                                         and within a 6-mile radius of Tallahassee                 for public availability any comments
                                                regulatory action’’ under Executive                      Memorial Hospital Heliport.
                                                Order 12866; (2) is not a ‘‘significant                                                                            submitted to the IRS’s public docket.
                                                rule’’ under Department of                               *        *       *       *       *                        Send paper submissions to CC:PA:01:PR
                                                Transportation (DOT) Regulatory                            Issued in College Park, Georgia, on June 25,            (REG–109032–23), Room 5203, Internal




lotter on DSK11XQN23PROD with PROPOSALS1
                                                Policies and Procedures (44 FR 11034;                    2024                                                      Revenue Service, P.O. Box 7604, Ben
                                                February 26, 1979); and (3) does not                     Andreese C. Davis,                                        Franklin Station, Washington, DC
                                                warrant preparation of a regulatory                      Manager, Airspace & Procedures Team South,
                                                                                                                                                                   20044.
                                                evaluation as the anticipated impact is                  Eastern Service Center, Air Traffic                       FOR FURTHER INFORMATION CONTACT:
                                                so minimal. Since this is a routine                      Organization.                                             Concerning these proposed regulations,
                                                matter that will only affect air traffic                 [FR Doc. 2024–14271 Filed 7–1–24; 8:45 am]                Andrew Holubeck at (202) 317–4774
                                                procedures and air navigation, it is                     BILLING CODE 4910–13–P                                    (not a toll-free number); concerning


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                                                                          Federal Register / Vol. 89, No. 127 / Tuesday, July 2, 2024 / Proposed Rules                                            54743

                                                submissions of comments and/or                              The paid sick and family leave credits             the ARP, the Treasury Department and
                                                requests for a public hearing, Vivian                    under the Families First Act and                      the IRS published regulations (TD 9978)
                                                Hayes by email at publichearings@                        sections 3131 through 3133 of the Code                in the Federal Register on July 26, 2023
                                                irs.gov (preferred) or by phone at (202)                 and the ERC under the CARES Act and                   (88 FR 48118) under sections 3111,
                                                317–6901 (not a toll-free number).                       section 3134 of the Code (collectively,               3131, 3132, 3134, and 3221 of the Code
                                                SUPPLEMENTARY INFORMATION:                               COVID–19 credits) are refundable                      (collectively, Recapture Regulations)
                                                                                                         credits, meaning that if the amount of                that provide for the administrative
                                                Background                                               the credits exceeds the taxes against                 recapture of erroneously refunded
                                                I. Statutes Providing Employment Tax                     which the credits are taken, then this                COVID–19 credits. Under the Recapture
                                                Credits for COVID–19 Relief                              excess is treated as an overpayment that              Regulations, erroneous refunds of
                                                                                                         is refunded under sections 6402(a) and                COVID–19 credits are treated as
                                                   The Families First Coronavirus
                                                                                                         6413(b). Any amount of the COVID–19                   underpayments of the taxes imposed
                                                Response Act (Families First Act),
                                                                                                         credits claimed by a taxpayer that is                 under section 3111(a) or (b), as
                                                Public Law 116–127, 134 Stat. 178
                                                                                                         treated as an overpayment under section               applicable, and so much of the taxes
                                                (March 18, 2020), as amended and
                                                                                                         6402(a) or section 6413(b), is refunded               imposed under section 3221(a) as are
                                                extended by the COVID-related Tax
                                                                                                         or credited to the taxpayer. Any such                 attributable to the rate in effect under
                                                Relief Act of 2020 (Tax Relief Act),
                                                                                                         refund to which the taxpayer is not                   section 3111(a) or (b), as applicable, and
                                                enacted as Subtitle B of Title II of
                                                                                                         entitled, is an erroneous refund that the             are, therefore, subject to assessment and
                                                Division N of the Consolidated
                                                                                                         taxpayer must repay.                                  administrative collection procedures.
                                                Appropriations Act, 2021, Public Law
                                                                                                                                                               The Recapture Regulations allow the
                                                116–260, 134 Stat.1182 (December 27,                     II. Assessment Authority
                                                                                                                                                               IRS to prevent the avoidance of the
                                                2020), provided COVID–19 related                            Section 6201 authorizes and requires               purposes of the limitations under the
                                                economic relief that included paid sick                  the Secretary to determine and assess                 credit provisions and to recover the
                                                and family leave credits to eligible                     tax liabilities, including interest,                  erroneous refund amounts efficiently
                                                employers with respect to qualified                      additional amounts, additions to the tax,             while also preserving administrative
                                                leave wages paid for a period of leave                   and assessable penalties. The Code or                 protections afforded to taxpayers with
                                                taken beginning April 1, 2020, and                       other statutory authority described                   respect to contesting their tax liabilities
                                                ending March 31, 2021. The American                      herein provides for the administrative                under the Code and avoiding
                                                Rescue Plan Act of 2021 (ARP), Public                    recapture of certain erroneous refunds                unnecessary costs and burdens
                                                Law 117–2, 135 Stat. 4 (March 11,                        of the COVID–19 credits either by                     associated with litigation.
                                                2021), provided similar paid leave                       directly authorizing the assessment of
                                                credits under sections 3131, 3132, and                   the erroneous refunds or by authorizing               IV. Interest on Overpayments Under
                                                3133 of the Code with respect to                         the promulgation of regulations or other              Section 6611
                                                qualified leave wages paid for a period                  guidance to do so.                                       Section 6611 provides that interest
                                                of leave taken beginning April 1, 2021,                     Specifically, regarding paid sick and              shall be allowed and paid on any
                                                and ending September 30, 2021.                           family leave credits, sections 7001(f)                overpayment in respect of any Internal
                                                   The Coronavirus Aid, Relief, and                      and 7003(f) of the Families First Act and             Revenue tax at the overpayment rate
                                                Economic Security Act (CARES Act),                                                                             established under section 6621. Section
                                                                                                         sections 3131(g) and 3132(g) of the Code
                                                Public Law 116–136, 134 Stat. 281                                                                              6611(b)(2) provides that interest shall be
                                                                                                         provide, in relevant part, that the
                                                (March 27, 2020), as amended and                                                                               allowed and paid in the case of a refund
                                                                                                         Secretary shall provide such regulations
                                                extended by the Taxpayer Certainty and                                                                         from the date of the overpayment to a
                                                                                                         or other guidance as may be necessary
                                                Disaster Tax Relief Act of 2020 (Relief                                                                        date (determined by the Secretary)
                                                                                                         to carry out the purposes of the credits,
                                                Act), enacted as Division EE of the                                                                            preceding the date of the refund check
                                                                                                         including regulations or other guidance
                                                Consolidated Appropriations Act, 2021,                                                                         by not more than 30 days. When a
                                                                                                         to prevent the avoidance of the purposes
                                                provided an employee retention credit                                                                          taxpayer files an amended return, such
                                                                                                         of the limitations under those
                                                (ERC) with respect to qualified wages                                                                          as Form 941–X, Adjusted Employer’s
                                                                                                         provisions and to recapture the benefit
                                                paid after March 12, 2020, and before                                                                          Quarterly Federal Tax Return or Claim
                                                July 1, 2021, respectively. The ARP                      of the credit where there is a subsequent
                                                                                                         adjustment to the credit.                             for Refund, claiming COVID–19 credits
                                                provided a substantially similar ERC                                                                           that were not claimed on the originally
                                                                                                            Regarding the ERC, section 2301(l) of
                                                under section 3134 of the Code with
                                                                                                         the CARES Act, as amended by sections                 filed return and resulting in an
                                                respect to qualified wages paid after
                                                                                                         206 and 207 of the Relief Act, provides               overpayment, interest is allowed under
                                                June 30, 2021, and before January 1,
                                                                                                         that the Secretary shall issue such                   section 6611 on any overpayment
                                                2022.1
                                                                                                         forms, instructions, regulations, and                 refunded to the taxpayer.
                                                  1 Section 80604 of the Infrastructure Investment
                                                                                                         other guidance as are necessary to                       While the Recapture Regulations
                                                and Jobs Act (Infrastructure Act), Public Law 117–       prevent the avoidance of the purposes of              provide for the assessment of erroneous
                                                68, 135 Stat. 429 (November 15, 2021), amended           the limitations under section 2301 of the             refunds of COVID–19 credits as an
                                                section 3134(n) of the Code to provide that the ERC      CARES Act. Correspondingly, section                   underpayment of certain employment
                                                under section 3134 applies only to wages paid after                                                            taxes, they do not address overpayment
                                                June 30, 2021, and before October 1, 2021 (or, in
                                                                                                         3134(m)(3) of the Code provides, in
                                                the case of wages paid by an eligible employer           relevant part, that the Secretary shall               interest paid to a taxpayer on an
                                                which is a recovery startup business, January 1,         issue such forms, instructions,                       erroneous refund. These proposed
                                                2022). Therefore, the only type of employer eligible     regulations, and other guidance as are                regulations provide for the assessment
                                                for the ERC for wages paid after September 30,




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                                                                                                         necessary to prevent the avoidance of                 of this interest as an underpayment of
                                                2021, and before January 1, 2022, is an employer
                                                that meets the definition of a recovery startup          the purposes of the limitations under                 tax.
                                                business under section 3134(c)(5). See Notice 2021–      section 3134.                                            The Families First Act, CARES Act,
                                                65, 2021–51 IRB 880 (December 20, 2021) for                                                                    and the Code as amended by the ARP
                                                guidance for employers that received an advance          III. Regulations for the Recapture of                 authorize and require the Secretary to
                                                payment of the ERC or reduced tax deposits in            Erroneous Refunds of COVID–19 Credits                 issue regulations to prevent the
                                                anticipation of the credit for the fourth quarter of
                                                2021 prior to the amendments made by the                    Under the authority provided by the                avoidance of the limitations placed on
                                                Infrastructure Act.                                      Families First Act, the CARES Act, and                the credits by these statutes. When a


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                                                54744                     Federal Register / Vol. 89, No. 127 / Tuesday, July 2, 2024 / Proposed Rules

                                                taxpayer is issued an erroneous refund                   Therefore, a regulatory impact                        V. Executive Order 13132: Federalism
                                                of COVID–19 credits for which the                        assessment is not required.                             Executive Order 13132 (Federalism)
                                                taxpayer is not eligible, the taxpayer                                                                         prohibits an agency from publishing any
                                                                                                         II. Regulatory Flexibility Act
                                                incurs a liability to repay that refund.                                                                       rule that has federalism implications if
                                                The taxpayer also incurs a liability to                     Pursuant to the Regulatory Flexibility
                                                                                                                                                               the rule either imposes substantial,
                                                repay any overpayment interest paid on                   Act (5 U.S.C. chapter 6), the Secretary
                                                                                                                                                               direct compliance costs on State and
                                                the erroneous refund. In pursuing                        certifies that these proposed regulations
                                                                                                                                                               local governments, and is not required
                                                collection of these liabilities, the IRS is              would not have a significant economic
                                                                                                                                                               by statute, or preempts State law, unless
                                                enforcing the statutory limitations on                   impact on a substantial number of small
                                                                                                                                                               the agency meets the consultation and
                                                the COVID–19 credits that made the                       entities because these proposed
                                                                                                                                                               funding requirements of section 6 of the
                                                taxpayer’s refund, and any                               regulations impose no compliance
                                                                                                                                                               Executive order. These proposed
                                                accompanying overpayment interest,                       burden on any business entities,
                                                                                                                                                               regulations do not have federalism
                                                erroneous. Regulations providing for the                 including small entities. Although these
                                                                                                                                                               implications, do not impose substantial
                                                administrative recapture of                              proposed regulations would apply to all
                                                                                                                                                               direct compliance costs on State and
                                                overpayment interest paid on refunds                     taxpayers eligible for the employment
                                                                                                                                                               local governments, and do not preempt
                                                subsequently determined to be                            tax credits under the Families First Act,
                                                                                                                                                               State law within the meaning of the
                                                erroneous assist in resolving taxpayers’                 the CARES Act, and sections 3131,
                                                                                                                                                               Executive order.
                                                repayment liabilities while also                         3132, and 3134 of the Code, including
                                                preserving administrative protections                    small businesses and tax-exempt                       Statement of Availability of IRS
                                                afforded to these taxpayers with respect                 organizations with fewer than 500                     Documents
                                                to contesting their tax liabilities under                employees, and would therefore be                        IRS notices and other guidance cited
                                                the Code and avoiding unnecessary                        likely to affect a substantial number of              in this preamble are published in the
                                                costs and burdens associated with                        small entities, the economic impact                   Internal Revenue Bulletin (or
                                                litigation.                                              would not be significant. These                       Cumulative Bulletin) and are available
                                                   Accordingly, under the authority                      proposed regulations do not affect the                from the Superintendent of Documents,
                                                granted by the Families First Act,                       taxpayer’s employment tax reporting or                U.S. Government Publishing Office,
                                                CARES Act, and the Code, these                           the necessary information to                          Washington, DC 20402, or by visiting
                                                proposed regulations would amend the                     substantiate entitlement to the credits.              the IRS website at https://www.irs.gov.
                                                Employment Tax Regulations (26 CFR                       Rather, these proposed regulations
                                                                                                         merely implement the statutory                        Comments and Requests for a Public
                                                part 31) under sections 3111, 3131,                                                                            Hearing
                                                3132, 3134, and 3221 to provide that                     authority granted under the Families
                                                overpayment interest paid to taxpayers                   First Act, the CARES Act, and the Code                  Before these proposed amendments to
                                                on erroneous refunds of COVID–19                         as amended by the ARP to issue                        the final regulations are adopted as final
                                                credits is treated as an underpayment of                 regulations or other guidance to prevent              regulations, consideration will be given
                                                the applicable employment taxes and                      the avoidance of the purposes of the                  to any comments that are submitted
                                                may be assessed and collected by the                     limitations under these provisions by                 timely to the IRS as prescribed in this
                                                IRS in the same manner as the taxes.                     providing that overpayment interest                   preamble under the ADDRESSES heading.
                                                                                                         paid to taxpayers on erroneous refunds                The Treasury Department and the IRS
                                                Explanation of Provisions                                of COVID–19 credits is treated as an                  request comments on all aspects of the
                                                   These proposed regulations would                      underpayment of the applicable                        proposed regulations. Any comments
                                                provide that any overpayment interest                    employment taxes and may be assessed                  submitted will be available at https://
                                                paid under section 6611 to an employer                   and collected by the IRS in the same                  www.regulations.gov or upon request. A
                                                for an erroneous refund of the COVID–                    manner as the taxes.                                  public hearing will be scheduled if
                                                19 credits will be treated as an                                                                               requested in writing by any person who
                                                                                                         III. Section 7805(f)
                                                underpayment of the taxes imposed                                                                              timely submits electronic or written
                                                under section 3111(a) or (b), as                            Pursuant to section 7805(f) of the                 comments. Requests for a public hearing
                                                applicable, and so much of the taxes                     Code, these proposed regulations have                 are also encouraged to be made
                                                imposed under section 3221(a) as are                     been submitted to the Chief Counsel of                electronically. If a public hearing is
                                                attributable to the rate in effect under                 the Office of Advocacy of the Small                   scheduled, notice of the date, time, and
                                                section 3111(a) or (b), as applicable, and               Business Administration for comment                   place for the public hearing will be
                                                may be assessed and collected by the                     on its impact on small business.                      published in the Federal Register.
                                                Secretary in the same manner as the                      IV. Unfunded Mandates Reform Act                      Drafting Information
                                                taxes. These proposed regulations                          Section 202 of the Unfunded
                                                would be applicable to all interest                                                                              The principal author of these
                                                                                                         Mandates Reform Act of 1995 requires                  proposed regulations is NaLee Park,
                                                amounts paid under section 6611 on or                    that agencies assess anticipated costs
                                                after July 2, 2024 for any erroneous                                                                           Office of the Associate Chief Counsel
                                                                                                         and benefits and take certain other                   (Employee Benefits, Exempt
                                                refund of the COVID–19 credits.                          actions before issuing a final rule that              Organizations, and Employment Taxes).
                                                Special Analyses                                         includes any Federal mandate that may                 However, other personnel from the
                                                                                                         result in expenditures in any one year                Treasury Department and the IRS
                                                I. Regulatory Planning and Review—                       by a State, local, or Tribal government,
                                                Economic Analysis                                                                                              participated in the development of these
                                                                                                         in the aggregate, or by the private sector,




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                                                                                                                                                               proposed regulations.
                                                  Pursuant to the Memorandum of                          of $100 million in 1995 dollars, updated
                                                Agreement, Review of Treasury                            annually for inflation. These proposed                List of Subjects in 26 CFR 31
                                                Regulations under Executive Order                        regulations do not include any Federal                  Employment taxes, Fishing vessels,
                                                12866 (June 9, 2023), tax regulatory                     mandate that may result in expenditures               Gambling, Income taxes, Penalties,
                                                actions issued by the IRS are not subject                by State, local, or Tribal governments, or            Pensions, Railroad retirement, Reporting
                                                to the requirements of section 6 of                      by the private sector, in excess of that              and recordkeeping requirements, Social
                                                Executive Order 12866, as amended.                       threshold.                                            security, Unemployment compensation.


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                                                                           Federal Register / Vol. 89, No. 127 / Tuesday, July 2, 2024 / Proposed Rules                                                  54745

                                                Proposed Amendments to the                                section 2301 of the CARES Act                         be treated as an underpayment of the
                                                Regulations                                               advanced or paid on or after July 24,                 taxes imposed under section 3111(b)
                                                  Accordingly, the Treasury Department                    2020, except that paragraph (e) of this               and so much of the taxes imposed under
                                                and the IRS propose to amend 26 CFR                       section applies to all interest amounts               section 3221(a) as are attributable to the
                                                part 31 as follows:                                       paid under section 6611 on or after July              rate in effect under section 3111(b), as
                                                                                                          2, 2024 for any erroneous refund                      applicable, and may be assessed and
                                                PART 31—EMPLOYMENT TAXES AND                              described in paragraph (a) or (b) of this             collected by the Secretary in the same
                                                COLLECTION OF INCOME TAX AT                               section.                                              manner as the taxes.
                                                SOURCE                                                    ■ Par. 3. Section 31.3131–1 is amended                   (e) Applicability date. This section
                                                                                                          by:                                                   applies to all credit refunds under
                                                ■ Paragraph 1.The authority citation for                  ■ a. Redesignating paragraph (d) as                   section 3132 (including any increases in
                                                part 31 continues to read in part as                      paragraph (e) and adding new paragraph                those credits under section 3133)
                                                follows:                                                  (d); and                                              advanced or paid on or after September
                                                    Authority: 26 U.S.C. 7805.                            ■ b. Revising the newly redesignated                  8, 2021, except that paragraph (d) of this
                                                *      *      *       *       *                           paragraph (e).                                        section applies to all interest amounts
                                                  Section 31.3111–6 also issued under secs.                  The addition and revision read as                  paid under section 6611 on or after July
                                                7001 and 7003, Public Law 116–127, 134                    follows:                                              2, 2024 for any erroneous refund
                                                Stat. 178, and sec. 2301, Public Law 116–136,                                                                   described in paragraph (a) of this
                                                                                                          § 31.3131–1      Recapture of credits.
                                                134 Stat. 281.                                                                                                  section.
                                                *      *      *       *       *                           *      *    *     *     *
                                                                                                             (d) Recapture of interest on                       ■ Par. 5. Section 31.3134–1 is amended
                                                  Section 31.3131–1 also issued under 26
                                                U.S.C. 3131(g).                                           erroneously refunded credits. For                     by:
                                                  Section 31.3132–1 also issued under 26                  purposes of this section, any                         ■ a. Redesignating paragraph (d) as
                                                U.S.C. 3132(g).                                           overpayment interest paid under section               paragraph (e) and adding new paragraph
                                                  Section 31.3134–1 also issued under 26                  6611 to an employer, or any third party               (d); and
                                                U.S.C. 3134(m)(3).                                        payor as described in paragraph (c) of                ■ b. Revising the newly redesignated
                                                  Section 31.3221–5 also issued under secs.               this section, with respect to an
                                                7001 and 7003, Public Law 116–127, 134                                                                          paragraph (e).
                                                                                                          erroneous refund amount described in
                                                Stat. 178, and sec. 2301, Public Law 116–136,                                                                      The addition and revision read as
                                                134 Stat. 281.                                            paragraph (a) of this section shall also
                                                                                                                                                                follows:
                                                                                                          be treated as an underpayment of the
                                                *      *      *       *       *                           taxes imposed under section 3111(b)
                                                ■ Par. 2. Section 31.3111–6 is amended
                                                                                                                                                                § 31.3134–1      Recapture of credits.
                                                                                                          and so much of the taxes imposed under                *      *     *    *     *
                                                by:
                                                ■ a. Redesignating paragraph (e) as
                                                                                                          section 3221(a) as are attributable to the
                                                                                                                                                                   (d) Recapture of interest on
                                                paragraph (f) and adding new paragraph                    rate in effect under section 3111(b), as
                                                                                                                                                                erroneously refunded credits. For
                                                (e); and                                                  applicable, and may be assessed and
                                                                                                                                                                purposes of this section, any
                                                ■ b. Revising newly redesignated                          collected by the Secretary in the same
                                                                                                                                                                overpayment interest paid under section
                                                paragraph (f).                                            manner as the taxes.
                                                                                                             (e) Applicability date. This section               6611 to an employer, or any third party
                                                   The addition and revision read as                                                                            payor as described in paragraph (c) of
                                                follows:                                                  applies to all credit refunds under
                                                                                                          section 3131 (including any increases in              this section, with respect to an
                                                § 31.3111–6 Recapture of credits under the                those credits under section 3133),                    erroneous refund amount described in
                                                Families First Coronavirus Response Act                   advanced or paid on or after September                paragraph (a) of this section shall also
                                                and the Coronavirus Aid, Relief, and                      8, 2021, except that paragraph (d) of this            be treated as an underpayment of the
                                                Economic Security Act.                                    section applies to all interest amounts               taxes imposed under section 3111(b)
                                                *     *     *     *     *                                 paid under section 6611 on or after July              and so much of the taxes imposed under
                                                  (e) Recapture of interest on                            2, 2024 for any erroneous refund                      section 3221(a) as are attributable to the
                                                erroneously refunded credits under the                    described in paragraph (a) of this                    rate in effect under section 3111(b), as
                                                Families First Act and CARES Act. For                     section.                                              applicable, and may be assessed and
                                                purposes of this section, any                             ■ Par. 4. Section 31.3132–1 is amended
                                                                                                                                                                collected by the Secretary in the same
                                                overpayment interest paid under section                   by:                                                   manner as the taxes.
                                                6611 to an employer, or any third party                   ■ a. Redesignating paragraph (d) as                      (e) Applicability date. This section
                                                payor as described in paragraph (d) of                    paragraph (e) and adding new paragraph                applies to all credit refunds under
                                                this section, with respect to an                          (d); and                                              section 3134 advanced or paid on or
                                                erroneous refund amount described in                      ■ b. Revising the newly redesignated                  after September 8, 2021, except that
                                                paragraph (a) or (b) of this section shall                paragraph (e).                                        paragraph (d) of this section applies to
                                                also be treated as an underpayment of                        The addition and revision read as                  all interest amounts paid under section
                                                the taxes imposed under section 3111(a)                   follows:                                              6611 on or after July 2, 2024 for any
                                                of the Code and may be assessed and                                                                             erroneous refund described in
                                                collected by the Secretary in the same                    § 31.3132–1      Recapture of credits.                paragraph (a) of this section.
                                                manner as the taxes.                                      *     *     *    *     *                              ■ Par. 6. Section 31.3221–5 is amended
                                                  (f) Applicability date. This section                      (d) Recapture of interest on                        by:
                                                applies to all credit refunds under                       erroneously refunded credits. For




lotter on DSK11XQN23PROD with PROPOSALS1
                                                                                                                                                                ■ a. Redesignating paragraph (e) as
                                                sections 7001 and 7003 of the Families                    purposes of this section, any
                                                First Act (including any increases in                     overpayment interest paid under section               paragraph (f) and adding new paragraph
                                                those credits under section 7005 of the                   6611 to an employer, or any third party               (e); and
                                                Families First Act), as modified by                       payor as described in paragraph (c) of                ■ b. Revising the newly redesignated
                                                section 3606 of the CARES Act,                            this section, with respect to an                      paragraph (f).
                                                advanced or paid on or after July 24,                     erroneous refund amount described in                     The addition and revision read as
                                                2020, and all credit refunds under                        paragraph (a) of this section shall also              follows:


                                           VerDate Sep<11>2014    16:59 Jul 01, 2024   Jkt 262001   PO 00000   Frm 00019   Fmt 4702   Sfmt 4702   E:\FR\FM\02JYP1.SGM   02JYP1
                                                54746                     Federal Register / Vol. 89, No. 127 / Tuesday, July 2, 2024 / Proposed Rules

                                                § 31.3221–5 Recapture of credits under the               DATES: Electronic or written comments                 such payments are made in the manner
                                                Families First Coronavirus Response Act                  and requests for a public hearing must                and in accordance with the forms,
                                                and the Coronavirus Aid, Relief, and                     be received by September 3, 2024.                     instructions, and procedures prescribed
                                                Economic Security Act.                                                                                         by the Commissioner of Internal
                                                                                                         ADDRESSES: Commenters are strongly
                                                *      *    *      *    *                                encouraged to submit public comments                  Revenue (Commissioner).
                                                   (e) Recapture of interest on                          electronically. Submit electronic                        Prior to passage of the TFA, section
                                                erroneously refunded credits under the                   submissions via the Federal                           6311(d)(2) authorized the Secretary to
                                                Families First Act and CARES Act. For                    eRulemaking Portal at https://                        enter into contracts to obtain services
                                                purposes of this section, any                            www.regulations.gov (indicate IRS and                 related to receiving payment of taxes by
                                                overpayment interest paid under section                  REG–120137–19) by following the                       credit card or debit card, or charge card,
                                                6611 to an employer, or any third party                  online instructions for submitting                    but prohibited the Secretary from
                                                payor as described in paragraph (d) of                   comments. Requests for a public hearing               paying any fee or other consideration
                                                this section, with respect to an                         must be submitted as prescribed in the                under any such contract. Existing
                                                erroneous refund amount described in                     ‘‘Comments and Requests for a Public                  § 301.6311–2(f) implements this rule.
                                                paragraph (a) or (b) of this section shall               Hearing’’ section. Once submitted to the              Existing § 301.6311–2(e) prohibits the
                                                also be treated as an underpayment of                    Federal eRulemaking Portal, comments                  IRS from imposing any fee or charge on
                                                the taxes imposed under section 3221(a)                  cannot be edited or withdrawn. The                    persons making payment of taxes by
                                                and may be assessed and collected by                     Department of the Treasury (Treasury                  credit card or debit card. Currently, the
                                                the Secretary in the same manner as the                  Department) and the IRS will publish                  IRS utilizes third-party processors to
                                                taxes.                                                   for any comments submitted                            process payment of taxes by credit
                                                   (f) Applicability date. This section                  electronically or on paper to the public              cards, which includes charge cards, and
                                                applies to all credit refunds under                      docket. Send paper submissions to:                    debit cards for which taxpayers pay a
                                                sections 7001 and 7003 of the Families                   CC:PA:01:PR (REG–120137–19), Room                     processing fee directly to the third-party
                                                First Act, as modified by section 3606                   5203, Internal Revenue Service, P.O.                  processor. Third-party processors charge
                                                of the CARES Act, advanced or paid on                    Box 7604, Ben Franklin Station,                       a variable percentage fee for payment by
                                                or after July 24, 2020, and all credit                   Washington, DC 20044.                                 credit card and a flat fee for payment by
                                                refunds under section 2301 of the                                                                              debit card.
                                                                                                         FOR FURTHER INFORMATION CONTACT:
                                                CARES Act advanced or paid on or after                                                                            Section 2303 of the TFA amended
                                                                                                         Concerning the proposed regulations,                  section 6311(d)(2) by adding a
                                                July 24, 2020, except paragraph (e) of                   Crystal Jackson-Kaloz of the Office of
                                                this section applies to all interest                                                                           discretionary exception whereby the
                                                                                                         the Associate Chief Counsel (Procedure                Secretary is no longer prohibited from
                                                amounts paid under section 6611 on or                    and Administration), (202) 317–5191
                                                after July 2, 2024 for any erroneous                                                                           paying a fee under a contract related to
                                                                                                         (not a toll-free number); concerning the              receiving payment of taxes by credit or
                                                refund described in paragraph (a) or (b)                 submission of comments and requests
                                                of this section.                                                                                               debit card to the extent that the
                                                                                                         for a public hearing, Publications and                Secretary ensures that any such fee is
                                                Douglas W. O’Donnell,                                    Regulations Section at (202) 317–6901                 fully recouped from the persons paying
                                                Deputy Commissioner.                                     (not a toll-free number), or by sending               taxes by credit or debit card pursuant to
                                                [FR Doc. 2024–14167 Filed 7–1–24; 8:45 am]               an email at publichearings@irs.gov                    such contract. This provision enables
                                                BILLING CODE 4830–01–P
                                                                                                         (preferred).                                          the IRS to receive similar benefits as
                                                                                                         SUPPLEMENTARY INFORMATION:                            other entities that accept credit or debit
                                                                                                                                                               cards, including guaranteed receipt of
                                                                                                         Background
                                                DEPARTMENT OF THE TREASURY                                                                                     funds and reduction of paper check
                                                                                                           This document contains proposed                     processing costs. This provision also
                                                Internal Revenue Service                                 amendments to the Procedure and                       enables taxpayers to make a payment
                                                                                                         Administration Regulations (26 CFR                    more easily by credit or debit card
                                                26 CFR Part 301                                          part 301) under section 6311 of the                   directly to the IRS, such as over the
                                                                                                         Internal Revenue Code (Code). These                   telephone, without having to separately
                                                [REG–120137–19]                                          proposed regulations would amend                      wait for the IRS to connect them to
                                                                                                         provisions of § 301.6311–2 of the                     third-party processors. See H.R. Rep.
                                                RIN 1545–BP66
                                                                                                         existing regulations (existing                        116–39(I), 116th Cong., 1st Sess. at 90
                                                Update of Regulations Regarding                          § 301.6311–2) to implement the changes                (2019).1 Section 2303 of the TFA now
                                                Payment of Tax by Commercially                           made to section 6311 of the Code by                   gives the IRS flexibility to enter into a
                                                Acceptable Means                                         section 2303 of the Taxpayer First Act
                                                                                                         (TFA), Public Law 116–25, 133 Stat.                      1 In 2019, different versions of the TFA were

                                                AGENCY: Internal Revenue Service (IRS),                  981, 1013 (2019).                                     introduced in the House and Senate and both bills
                                                                                                           Section 6311(a) provides that it is                 contained provisions to amend section 6311 of the
                                                Treasury.                                                                                                      Code. H.R. 1957 was introduced in the House on
                                                ACTION: Notice of proposed rulemaking.                   lawful for the Secretary of the Treasury              March 28, 2019, and passed the House on April 9,
                                                                                                         or her delegate (Secretary) to receive                2019, but did not pass the Senate. Section 2303 of
                                                SUMMARY: This document contains                          payment for Internal Revenue taxes by                 H.R. 1957 contained proposed statutory language
                                                                                                                                                               amending section 6311(d) that was identical to the
                                                proposed amendments to regulations                       any commercially acceptable means that                statutory language that was enacted a short time
                                                regarding the payment of tax by                          the Secretary deems appropriate to the                later on July 1, 2019, in section 2303 of H.R. 3151.
                                                commercially acceptable means. The                       extent and under the conditions




lotter on DSK11XQN23PROD with PROPOSALS1
                                                                                                                                                               Due to the procedural way in which H.R. 3151
                                                proposed amendments would reflect                        provided in regulations prescribed by                 became a vehicle for enacting the TFA, there are no
                                                                                                                                                               separate House, Senate, or Conference Reports
                                                changes to the law made by the                           the Secretary. Existing § 301.6311–2,                 regarding H.R. 3151, which became the TFA, Public
                                                Taxpayer First Act that would allow the                  which was adopted by the publication                  Law 116–25. Therefore, it is appropriate for the
                                                IRS to directly accept payments of tax                   of TD 8969 in the Federal Register (66                Treasury Department and the IRS to look to the
                                                                                                                                                               House Ways and Means Committee Report for H.R.
                                                by credit or debit card, without having                  FR 64740–01) on December 14, 2001,                    1957, the immediate predecessor to H.R. 3151, to
                                                to connect taxpayers to third-party                      authorizes payment of Internal Revenue                understand the intended scope of section 2303 of
                                                payment processors.                                      taxes by credit or debit card so long as              the TFA.



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