26 C.F.R. 26 CFR--PART 31


Title 26 - Internal Revenue


Amendment from August 04, 2006

26 CFR--PART 31
View Printed Federal Register page 71 FR 44519 in PDF format.

Amendment(s) published August 4, 2006, in 71 FR 44519


Effective Date(s): January 1, 2007

Par. 23. Section 31.3121(s)–1T is added to read as follows:

§ 31.3121(s)-1T   Concurrent employment by related corporations with common paymaster (temporary).

(a) through (c)(2)(ii) [Reserved] For further guidance, see §31.3121(s)–1(a) through (c)(2)(ii).

(c)(2)(iii) Group-wide allocation rules. Under the group-wide method of allocation, the district director may allocate the taxes imposed by sections 3102 and 3111 in an appropriate manner to a related corporation that remunerates an employee through a common paymaster if the common paymaster fails to remit the taxes to the Internal Revenue Service. Allocation in an appropriate manner varies according to the circumstances. It may be based on sales, property, corporate payroll, or any other basis that reflects the distribution of the services performed by the employee, or a combination of the foregoing bases. To the extent practicable, the Commissioner may use the principles of §1.482–2(b) of this chapter in making the allocations with respect to wages paid after December 31, 1978, and on or before December 31, 2006. To the extent practicable, the Commissioner may use the principles of §1.482–9T of this chapter in making the allocations with respect to wages paid after December 31, 2006.

(d) Effective date—(1) In general. This section is applicable with respect to wages paid after December 31, 1978. [§31.3121(s)–1]. The fourth sentence of paragraph (c)(2)(iii) of this section is applicable with respect to wages paid after December 31, 1978, and on or before December 31, 2006. The fifth sentence of paragraph (c)(2)(iii) of this section is applicable with respect to wages paid after December 31, 2006.

(2) Election to apply regulation to earlier taxable years. A person may elect to apply the fifth sentence of paragraph (c)(2)(iii) of this section to earlier taxable years in accordance with the rules set forth in §1.482–9T(n)(2).

(3) The applicability of §31.3121(s)–1T expires on or before July 31, 2009.
























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