Internal Revenue Service
CC:PA:LPD:PR (REG-118826-16)
Room 5203
P.O. Box 7604 Ben Franklin Station
Washington, DC 20224

Re: De Minimis Error Safe Harbor Exceptions to Penalties for Failure to File Correct Information Returns or Furnish Correct Payee Statements
To Whom it May Concern:

The Securities Industry and Financial Markets Association (“SIFMA”)1 appreciates the opportunity to comment on the proposed rulemaking to implement the Internal Revenue Service’s (“IRS”) de minimis error safe harbor from information return and payee statement penalties (the “proposed rule”). We value the previous opportunities for comment and appreciate many of the clarifications provided in the Preamble to the proposed rule, in particular the clarification that the safe harbor exception is calculated on an error-by-error basis rather than on the cumulative total of multiple errors, and we agreed with your conclusion that the payee election out of the safe harbor should not expire. These provisions provide necessary clarity and consistency for filers seeking to utilize the safe harbor. There are two specific concerns addressed in the Preamble to the proposed rule that SIFMA wishes to revisit and request additional clarification:

First, the proposed rule did not adopt a prior comment suggesting the payee’s ability to elect out of the de minimis safe harbor should apply on an account-by-account basis, and instead permits the payee to make the election with respect to each and every payee statement.

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