[Code of Federal Regulations]
[Title 26, Volume 18]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR301.6103(j)(5)-1T]

[Page 49-50]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 301_PROCEDURE AND ADMINISTRATION--Table of Contents
 
                         Information and Returns
 
Sec. 301.6103(j)(5)-1T  Disclosures of return information reflected on 

returns to officers and employees of the Department of Agriculture for 
conducting the census of agriculture (temporary).

    (a) General rule. Pursuant to the provisions of section 6103(j)(5) 
of the Internal Revenue Code and subject to the requirements of 
paragraph (c) of this section, officers or employees of the Internal 
Revenue Service will disclose return information reflected on returns to 
officers and employees of the Department of Agriculture to the extent, 
and for such purposes, as may be provided by paragraph (b) of this 
section. ``Return information reflected on returns'' includes, but is 
not limited to, information on returns, information derived from 
processing such returns, and information derived from other sources for 
the purposes of establishing and maintaining taxpayer information 
relating to returns.
    (b) Disclosure of return information reflected on returns to 
officers and employees of the Department of Agriculture. (1) Officers or 
employees of the Internal Revenue Service will disclose the following 
return information reflected on returns in this paragraph (b) for 
individuals, partnerships and corporations with agricultural activity, 
as determined generally by industry code classification or the filing of 
returns for such activity, to officers and employees of the Department 
of Agriculture for purposes of, but only to the extent necessary in, 
structuring, preparing, and conducting, as authorized by chapter 55 of 
title 7, United States Code, the census of agriculture.
    (2) From Form 1040 (Schedule F)--
    (i) Taxpayer identity information (as defined in section 6103(b)(6) 
of the Internal Revenue Code);
    (ii) Spouse's Social Security Number;
    (iii) Annual accounting period;
    (iv) Principal Business Activity (PBA) code;
    (v) Taxable cooperative distributions;
    (vi) Income from custom hire and machine work;
    (vii) Gross income;
    (viii) Master File Tax (MFT) code;
    (ix) Document Locator Number (DLN);
    (x) Cycle posted;
    (xi) Final return indicator;
    (xii) Part year return indicator; and
    (xiii) Taxpayer telephone number.
    (3) From Form 943--
    (i) Taxpayer identity information;
    (ii) Annual accounting period;
    (iii) Total wages subject to Medicare taxes;
    (iv) MFT code;
    (v) DLN;
    (vi) Cycle posted;
    (vii) Final return indicator; and
    (viii) Part year return indicator.
    (4) From Form 1120 series--
    (i) Taxpayer identity information;
    (ii) Annual accounting period;
    (iii) Gross receipts less returns and allowances;
    (iv) PBA code;
    (v) MFT Code;
    (vi) DLN;
    (vii) Cycle posted;
    (viii) Final return indicator;
    (ix) Part year return indicator; and
    (x) Consolidated return indicator.
    (5) From Form 1065 series--
    (i) Taxpayer identity information;
    (ii) Annual accounting period;
    (iii) PBA code;
    (iv) Gross receipts less returns and allowances;
    (v) Net farm profit (loss);
    (vi) MFT code;
    (vii) DLN;
    (viii) Cycle posted;
    (ix) Final return indicator; and
    (x) Part year return indicator.
    (c) Procedures and Restrictions. (1) Disclosure of return 
information reflected on returns by officers or employees of the 
Internal Revenue Service as provided by paragraph (b) of this section 
will be made only upon written request designating, by name and title, 
the officers and employees of the Department of Agriculture to whom such 
disclosure is authorized, to the Commissioner of Internal Revenue by the 
Secretary of Agriculture and describing--
    (i) The particular return information reflected on returns for 
disclosure;
    (ii) The taxable period or date to which such return information 
reflected on returns relates; and
    (iii) The particular purpose for the requested return information 
reflected on returns.
    (2)(i) No such officer or employee to whom the Internal Revenue 
Service

[[Page 50]]

discloses return information reflected on returns pursuant to the 
provisions of paragraph (b) of this section shall disclose such 
information to any person, other than the taxpayer to whom such return 
information reflected on returns relates or other officers or employees 
of the Department of Agriculture whose duties or responsibilities 
require such disclosure for a purpose described in paragraph (b) of this 
section, except in a form that cannot be associated with, or otherwise 
identify, directly or indirectly, a particular taxpayer.
    (ii) If the Internal Revenue Service determines that the Department 
of Agriculture, or any officer or employee thereof, has failed to, or 
does not, satisfy the requirements of section 6103(p)(4) of the Internal 
Revenue Code or regulations or published procedures thereunder, the 
Internal Revenue Service may take such actions as are deemed necessary 
to ensure that such requirements are or shall be satisfied, including 
suspension of disclosures of return information reflected on returns 
otherwise authorized by section 6103(j)(5) and paragraph (b) of this 
section, until the Internal Revenue Service determines that such 
requirements have been or will be satisfied.
    (d) Effective date. This section is applicable on June 6, 2003.

[T.D. 9060, 68 FR 33857, June 6, 2003]