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Federal forms, ICRs, and supporting documents

Information Collection Request

Consent To Extend the Time To Assess Tax Under Section 367—Gain Recognition Agreement

ICR 202007-1545-011 · OMB 1545-1395 · Active

Forms and Documents
DocumentTypeStatusAvailability
Form 8838 Consent To Extend the Time To Assess Tax Under Section 367-Gain Recognition Agreement Form and Instruction Modified Repair queued
2020_SS_1545-1395_final.docx Supporting Statement A Uploaded 2020-07-23 Available
IC Document Collections
IC IDCollectionTypeStatusForm
40350 Consent To Extend the Time To Assess Tax Under Section 367-Gain Recognition Agreement Form and Instruction Modified
ICR Details
1545-1395 202007-1545-011
Active 201705-1545-039
TREAS/IRS
Consent To Extend the Time To Assess Tax Under Section 367—Gain Recognition Agreement
Extension without change of a currently approved collection   No
Regular
Approved without change 12/15/2020
Retrieve Notice of Action (NOA) 10/29/2020
  Inventory as of this Action Requested Previously Approved
12/31/2023 36 Months From Approved 12/31/2020
666 0 666
5,482 0 5,482
0 0 0
Form 8838 is used to extend the statute of limitations for U.S. persons who transfer stock or securities to a foreign corporation. The form is filed when the transferor makes a gain recognition agreement. This agreement allows the transferor to defer the payment of tax on the transfer. The IRS uses Form 8838 so that it may assess tax against the transferor after the expiration of the original statute of limitations.
US Code: 26 USC 367 Name of Law: Foreign corporations.
   US Code: 26 USC 6103 Name of Law: Confidentiality and disclosure of returns and return information.
  
None
Not associated with rulemaking
  85 FR 43299 07/16/2020
85 FR 68415 10/28/2020
No
  Total Approved Previously Approved Change Due to New Statute Change Due to Agency Discretion Change Due to Adjustment in Estimate Change Due to Potential Violation of the PRA
Annual Number of Responses 666 666 0 0 0 0
Annual Time Burden (Hours) 5,482 5,482 0 0 0 0
Annual Cost Burden (Dollars) 0 0 0 0 0 0
No
No
$10,936
No
    Yes
    Yes
No
No
No
No
Neal Dickman 2026225013
  No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
 
 
 
 
 
 
 
    (i) Why the information is being collected;
    (ii) Use of information;
    (iii) Burden estimate;
    (iv) Nature of response (voluntary, required for a benefit, or mandatory);
    (v) Nature and extent of confidentiality; and
    (vi) Need to display currently valid OMB control number;
 
 
 
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
10/29/2020