The Internal Revenue Code (IRC) at 26 U.S.C. 4181 imposes a tax on the sale of firearms and ammunition. However, under the IRC at 26 U.S.C. 4221(a), certain sales may be made tax-free, including sales made for further manufacture, export, or use as supplies on vessels or aircraft, and sales made to a State or local government or to a nonprofit education organization for their exclusive use. In addition, for such sales where the tax has been paid, the tax is considered an overpayment subject to credit or refund under the IRC at 26 U.S.C. 6416(b)(2) and (3). In order to protect the revenue, the TTB regulations in 27 CFR part 53 prescribe that those otherwise subject to this tax must maintain records, including statements or certificates containing specified information, documenting the tax-free or tax-overpaid nature of such sales. Respondents may use commercial records or self-generated supporting statement or certificates, or, for certain transactions, respondents may use TTB-provided forms, which, when completed, document the required supporting information. The required supporting information is maintained by respondents at their business premises, and, to protect the revenue, TTB may examine these records during audits.
There are no program changes associated with this information collection. As for adjustments, due to a change in agency estimates, TTB is decreasing the number of annual respondents and responses to this information collection, but is increasing the estimated number of responses per respondent. Specifically, TTB is decreasing the number of annual respondents from 7,000 to 3,500, but is increasing the number of responses per respondent from 10 to 12. Taken together, these changes in estimates result in a decrease in the total number of annual responses, from 70,000 to 42,000. Additionally, TTB did not previously account for the use of usual and customary business records by 1,700 (50 percent) respondents, which, under OMB regulations at 5 CFR 1320.3(b)(2), do not impose any burden hours on respondents. Therefore, TTB is decreasing the estimated total annual burden for this collection from 52,500 hours to 15,750.
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Jesse Longbrake 202 453-2265
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.
Form TTB F 5600.33 Records to Support Tax Free and Tax Overpayment Sales of Firearms and Ammunition
1513-0128 Supporting Statement (11-2020)-2.docx
Records to Support Tax Free and Tax Overpayment Sales of Firearms and Ammunition